in the same signification cap. 3. And at this day Chapiters are called Articles for the most part and are delivered as well by the mouth of the Iustice in his Charge as by the Clerks in writing to the Enquest where in ancient time they were after an Exhortation given by the Iustices for the observation of the Laws of the Kings peace first read distinctly and openly in the full Court and then delivered in writing to the grand Enquest An example of these Chapiters there is in the Book of Assises fol. 138. pla 44. Chaplain CHaplain is he that performs Divine Service in a Chappel and therefore is commonly used for him that depends upon the King or other man of worth for the instruction of him and his Family the reading of Prayers and Preaching in his private house where usually they have a Chappel for that purpose And for that they are retained by Letters under the Seal of their Patron and thereby by intendment are to be resident with them the Law hath given liberty for their Non-residency upon their Benefices If an Earl or Baron retains a Chaplain and before his advancement is attainted of Treason there the Retainer is determined and after the Attainder such Chaplain cannot take a second Benefice because he that is attainted is by his Attainder a dead person in Law What and how many Chaplains Noblemen and others may respectively retain the Statute of 21 H. 8. c. 3. doth well declare The wife of a Baron during the Coverture cannot retain a Chaplain yet when a Baronnesse Dowager retains one or two according to the Proviso of the said Statute the Retainer is the principal matter and as long as the Retainer is in force and the Baronness continues a Baronness the Chaplains may well take two Benefices by the express letter of the Statute for it suffices if at the time of the Retainer the Baronness were a widow And herein this rule is to be observed of a woman that attains Nobility by Marriage as by marriage of a Duke Earl or Baron c. for in such case if she afterward marry under the degree of Nobility by such Marriage she loses the Dignity she had attained and after such latter Marriage the power to retain a Chaplain is determined But otherwise it is where a woman is Noble by Discent for there her Retainer before or after the Marriage with one that is not Noble shall be in force and is not countermanded by the Marriage nor determined by her taking a Husband under her degree Coke lib 4. fol. 118 119. Chapter CHapter in Latine is defined to be An Assembly of Clerks in a Church-Cathedral conventual regular or Collegiate and in another signification A place wherein the members of that Community treat of their common affairs and it hath other significations which appertain not to our purpose It may be said that this Collegiate company is termed Chapter metaphorically the word originally implying a little head for this Company or Corporation is as a Head not only to rule and govern the Diocesse in the vacation of the Bishoprick but also in many things to advise the Bishop when the See is full Charge CHarge is where a man grants a Rent issuing out of his land and that if the Rent be behind it shall be lawfull for him his heirs and assigns to distrain till the Rent be paid this is called a Rent-charge But if one grant a Rent-charge out of the land of another though after he purchase the land yet the Grant is void Charter land CHarter-land is such as a man holds by Charter that is by Evidence in writing which otherwise is called Free-hold Copyhold-lands before the Conquest were by the Saxons called Folkland and the Charter-lands Bockland And Lambert in the Explication of Saxon words saith That this land was held with more easie and commodious conditions then Folkland and Copyhold-land held without writing And his reason is because it is a free and absolute Inheritance whereas land without writing is charged with payment and bondage so that for the most part Noblemen and persons of Quality possess the former and Rusticks the other The first we call Free-hold and by Charter the other Land at the will of the Lord. If a Riot Rout or Vnlawful assembly be committed then by the Statute of 19 H. 7. c. 13. twenty men inhabiting within the County where the Riot c. is made whereof every of them shall have lands and tenements within the same County to the yearly value of twenty shillings of Charter-hold or Free-hold or twenty six shillings of Copyhold shall make enquiry thereof Charter-party CHarter-party is an Indenture of Covenants and Agreements made between Merchants or Mariners concerning their Sea-affairs and of this you may read in the Statute now out of use made 32 H. 8. cap. 14. Charters CHarters of Lands are Writings Deeds Evidences and Instruments made from one man to another upon some Estate conveyed or passed between them of Lands or Tenements shewing the names place and quantity of the Land the Estate time and manner of the doing thereof the Parties to the Estate delivered and taken the Witnesses present at the same with other circumstances Chartis reddendis CHartis reddendis is a Writ which lies against him that has Charters of Feoffment delivered him to be kept and refuses to deliver them Old Nat. Brev. fol. 66. Reg. orig fol. 159. Chase CHase is taken two wayes first to drive cattel as to chase a Distress to a Castle secondly for a Receit for Deer and Beasts of the Forest and it is of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as with Courts of Attachment Swainmore and Justice seat and yet of a larger compass and having greater diversity of Keepers and Game then a Park Crompt in his Book of Iurisdictions fol. 148. saith That a Forest may not be in the hands of a Subject but it presently looses the name and becomes a Chase and yet fol. 197. he saith That a subject may be Lord and owner of a Forest which though they seem contradictory yet are both his sayings in some sense true For the King may give or alienate a Forest to a Subject yet so that when it is once in the Subject it loses the true property of a Forest because the Courts of Swainmote Justice seat and Attachment presently vanish none being able to make a Lord chief Iustice in Eyre of the Forest but the King as Manwood hath well shewed as his Book of Forest Laws cap. 3. 4. Yet it may be granted in such large manner that there may be Attachment and Swainmote and a Court equivalent to a Justice Seat as appears by him in the same Chapter numb 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in its proper nature cannot be and from
said of these words that hath been spoken of the words next afore As if a man be bound to another and makes his Executor and dies and the mony grows due in the time of the Testator and afterward the Executor pays it not the Action brought against him therefore shall be in the Detinet only and so in all Actions brought by Executors as Executors the Writ shall be in the Detinet only although the duty accrued in their own time because the thing or damages recovered shall be assets But if Lessee for years rendring Rent makes his Executors and dies and the Rent incurs after the death of the Testator there an Action of Debt shall be brought in the Debet Detinet for when an Executor or Administrator takes the Profits nothing shall be Assets but the Profits above the Rent As if the Land is worth ten pound by the year and five pound is reserved in this cas â— nothing shall be Assets but the five pound above the Rent and therefore the Writ shall be for the Rent in the Debet Detinet Cokel 5. fol. 31. Decem Tales DEcem Tales See Tales Decies tantum DEcies tantum is a Writ that lies where a Iuror in any Enquest takes money of the one part or other to give his Verdict then he shall pay ten times as much as he hath received a â— d every one that will sue may have Action and shall have the one half and the King the other But if the King in such case release by his Pardon to such a Iuror yet that shall be no Bar against him that brings the Action who shall recover the other half if this Action be commenced before the Pardon of the King but if the Pardon be before any Action it is a Bar against all men And the same Law is of all other Actions popular where one part is to the King the other to the party that sues And the Embracers who procure such Enquests shall be punished in the same manner and they shall have imprisonment a year But no Iustice shall enquire thereof ex officio but only at the Suit of the party Deciners DEciners are such as were wont to have the oversight and command of Ten free Burgs for preserving the Kings Peace and the Limits or Circuit of their Iurisdiction was called Decenna Bracton l. 3. tract 2. c. 15. Also you may read Flet. l. 1. c. 27. and Reg. orig fol. 68. b. These seemed to have large authority in the Saxons time taking knowledge of Causes within their Circuit and redressing wrongs by way of Iudgment as you may read in the Laws of King Edward set out by Lambert num 32. Also there is mention of these in Britton cap. 12. who saith in the Kings person as he writes his whole Book in this manner We will that all such as are fourteen years of age shall make oath that they shall be sufficient and loyal unto Vs and that they will not be Felons nor assenting to Felons and that all be professed to be of this or that Dozein and make or offer Surety of their behaviour by these or those Deciners except Religious persons Clerks Knights and their eldest sons and Women Yet the same Author in his 29. chap. near the end saith That all at the age of 12 years or above are punishable for not coming to the Sheriffs Tourn excepting Earls Prelates Barons Religious persons and Women The same Law is where the Deciners make presentment that a Felon is taken for Theft and delivered to the Sheriff And Kitchen out of the Register and Britton saith thus Religious persons Clerks Knights or Women shall not be Deciners fol. 33. Whence it may be gathered that this word implies nothiny else but such a one as by his Oath of Loyalty to his Prince is settled in the combination or society of a Dozein for it is not usual at this day to find Surety so to do And now a Dozeine seems to extend so far as the Lcet extends because in Leets only this Oath is administred by the Steward and taken by such as are of the age of twelve years and upward dwelling within the Precinct of the Leet where they are sworn Fitzh Nat. Brev. 161. a. The particulars of this Oath you may read in Bracton l. 3. tract 2. c. 1. num 1. where he puts dwon fifteen years for the age of those that are sworn to the Kings Peace but l. 3. tract 2. c. 11. num 5. he names twelve years See Inlaugh From which Premisses may be observed the difference detween the ancient and these our times in this point of Law and Government as well for the age of those that are to be sworn as also that Deciner 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 not any Dozeins but Leets and that ordinarily no man gives other Security for keeping the Kings Peace but his own Oath and therefore no one shall answer for the transgression of another but every one for himself Declaration DEclaration is a Shewing in writing the grief and complaint of the Demandant or Plaintiff against the Tenant or Defendant wherein he supposes to have received wrong And this Declaration ought to be plain and certain both because it impeaches the Defendant and also compels him to make answer thereto But note that such Declaration made by the Demandant against the Tenant in an Action real is properly called a Count. Note That the Count or Declaration ought to contain Demonstration Declaration and Conclusion And in Demonstration are contained three things that is him who complains against whom and for what matter And in the Declaration there ought to be comprised how and in what manner the Action rose between the parties and when and what day year and place and to whom the Action shall be given And in the Conclusion he ought to averre and profer to prove his Suit and shew the Dammages which he hath sustained by the wrong done him De deoneranda pro rata portionis DE deoneranda c. is a Writ that lies where one one is distreined for Rent that ought to be paid by others proportionably with him Fitz. Nat. Brev. Fol. 234. Dedimus potestatem DEdimus potestatem is a Writ that lies where a man sues in the Kings Court or is sued and cannot well travel then he shall have this Writ directed to some Iustice or other discreet person in the Countrey to give him power to admit some man for his Atturney or to levy a Fine or to take his Confession or his Answer or other Examination as the matter requires Defalt DEfalt is an Offence in omitting that which we ought to do and most commonly taken for Non-appearance in Court at a day assigned Bract. lib. 5. tract 3. and Fleta lib. 6. cap. 14. Defamation DEfamation is when a man speaks Slanderous words of any other man
Finite is that which is limited by Law how often it shall be made to bring the party to trial of the Action as once or twice Old Nat. Brev. f. 43. Distresse infinite is without limitation untill the party comes as against a Iury that refuses to appear upon Certificate of Assise the Process is a Venire facias Habeas corpora and distresse infinite Old nar Brev. f. 113. Then it is divided into the grand Distresse as Anno 52 H. 3. c. 7. which Fitzh calls in Latine Magnam Districtionem Nat. Brev. 126. a. and an ordinary distresse A grand Distresse is that which is made of all the goods and chattels which the party had within the County Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite idem fol. 80. with whom also the Statute of Marlbridge seems to agree Anno 52 H. 3. c. 7. 9 12. See the Old Nat. Brev. 71. b. Distringas DIstringas is a Writ directed to the Sheriff or any other Officer commanding him to distrain for a Debt to the King c. or for his appearing at a day See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men Of which see 1 Cro. Rep. 204. in t ' Reg. Inhabit ' de Epworth Dividend DIvidend is a word used in the Statute of Rutland Anno 10 E. 1. where it seems to signifie one part of an Indenture See Anno 28 ejusdem Stat. 3. c. 2. Divorce DIvorce See Devorce Docket DOcket is a Little piece of Payer or Parchment written that contains in it the effect of a Greater Writing See the Statute 2 3 P. M. c. 6. M. West part 2. tit Fines sect 106. calls it Dogget Dog-draw DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest There are four kinds of them observed by Manwood part 2. c. 18. num 9. of his Forest Laws that is Dog-draw Stable stand Back-bear and Bloudy-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound led in his hand Dogger DOgger is a kind of Ship Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven c. Doggermen Anno 2 H. 8. c. 4. Dole-fish DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance See the Statute Anno 35 H. 8. c. 7. Dominus litis IS the Advocate in the Civil Law who after the death of his Client prosecutes a Suit to sentence for the Executors use Domo reparan â—â— DOmo reparanda is a Vr. that lies for one against his neighbour by the fall of whose House he fears some hurt will come to his own Reg. orig fol. 123. Doom DOom from the Saxon Dom signifies Iudgment a word much used in References to Arbitrators Dooms-day DOoms-day is a Book that was written in the time of S. Edward the Confessor as the Author of Old Nat. Brev. saith fol. 15. and before in the title of Ancient demesne containing in it not only all the Lands through England but also all the names of those in whose hands they were at that time when the Book was made Lambert proves that this Book was made in the time of William the Conquerour with whom Cambden in his Britan. pag. 94. agrees proving it out of Ingulphus that flourished the same time who touching the contents thereof hath these words It describes the whole Land neither was there one Hide in all England whose Value and Possessour was unknown nor any Pool or place not describ'd in the Kings Roll and the Rent profits Possession it self and Possessor not made known to the King according to the fidelity of the Taxers who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English for its generality in that it contains all the Tenements contained throughout the Land it is surnamed Dooms-day And this Book is sometimes called Liber Judicatorius because in it is contained a diligent Description of the Kingdom and it expresses the value of all the ground thereof as well in the time of King Edward as in the time of King William under whom it was compiled Doomsman SEem to be Suitors in a Court of a Mannor in Auntient demesne who are Iudges there Donative DOnative is a Benefice meerly given and collated by the Patron to a man without either Presentation to or Institution by the Ordinary or Induction by his commandment F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis c. 11. num 1. hath these words But if Chappels founded by Lay-men were not approved of the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders Wherefore the founders and their Heirs may give such Chappels if they will without the Bishop M. Gwyn in the Preface to his Readings saith That the King might of antient time found a free Chappel and exempt it from the Iurisdiction of the Diocesan So also he may by his Letters Patents give licence to a common person to found such a Chappel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be deprivable by the Founder or his heir and not by the Bishop and this seems to be the original of Donatives in England Fitzherbert saith fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents And all Bishopricks were of the Foundation of the Kings of England and therefore in the antient time they were Donative and given by the Kings yet now the Bishopricks are become by the Grants of the Kings eligible by their Chapter Coke l. 3. f. 76. Donor and Donee DOnor is he who gives Lands or Tenements to another in tail and he to whom the same is given is called Donee Dorture DOrture is a common Room place or Chamber where all the Religious of one Covent slept and lay all night Anno 25 H. 8. cap. 11. Double Plea DOuble Plea is where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended and each one by it self is a sufficient Bar or Answer to the Action then such double Plea shall not be admitted for a Plea except one depend upon another and in such case if he may not have the last Plea without the first then such a double Plea shall be well received Double Quarel DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of
Statute of 2 3 E. 6. c. 14. and it is all one with an Harquebuze Hariot or Heriot HAriot is of two sorts Hariot Custome and Hariot Service Hariot Service is often expressed in a mans Grant or Deed that he holds by such Service to pay Hariot at the time of his death And this Hariot is payable after the death of the Tenant in Fee-simple Hariot Custom is where Hariots have been paid time out of mind by Custom And this may be after the death of the Tenant for life c. But to speak thereof generally Hariot is the best Beast whether it be Horse Ox or Cow that the Tenant had at the time of his death And a Distress may be either seised or taken for it whether it be Hariot Service or Hariot Custom to the Lords use of whom the Tenant held by his Bayliff or other Officers But of right neither the Lord nor his Officer should take Hariot before it be presented at the next Court holden after the Tenant is dead that such a Beast is due for his Hariot Haward HAward or Hayward is an Officer appointed in every Town to be the Common Herd of the Town and he is so called either for that it is one part of his Office to keep the Hedges of inclosed Grounds so that they be not cropped or broken down or because he keeps the Grass from hurt and destruction of Cattel so that Hay may be made thereof He is an Officer sworn in the Lords Court For which Oath see Kitch fol. 46. Hawkers HAwkers is a word used in the Statutes 25 H. 8. cap. 9. and 33 Hen. 8. cap. 4. for Tinkers that go from place to place through the Country and by colour of the Kings Letters Patents or Placards buy and sell Brass and Pewter and cozens the Kings people both in the weight and in the stuff Hey-bote or Hedge-bote HEy-bote ou Hedge-bote is necessary Stuff to make and mend Hedges which the Lessee for years or for life of common right may take upon the Ground to him leased although it be not expressed in his Lease and although it be a Lease by Word without Writing Heybote also may be taken for necessary Stuff to make Rakes Forks and such like Instruments wherewith men use in Summer to redde and make Hay And so Lessee for years took it and it was allowed him by his Lessor the rather as I suppose for that such Instruments are commonly made of slendtr Vnder-wood which by the Common Law the Lessee for years may cut and take as aforesaid Head-borow HEad-borow is compounded of two words Heofed id est Head and Borhe id est Pledge So that Head-borow signifies the chief of the three Pledges in a Decennary within a Lect or he that had the Government of those that are within his own Pledge And he was called Head-borough or Borow-head or Boroughs-holder or Third-borough or Tithing-man or Chief-Pledge or Borow-Elder according to the diversity of speech in divers places And to this day he is now called a Constable Head-silver HEadsilver See Common Fine Heireloome HEireloome is any piece of Houshold-stuff which by the Custom of some Countries having belonged to a House for certain discents goes with the House after the death of the Owner unto the Heir and not to the Executors Herbage HErbage is the Fruit of the Earth provided by Nature for the bit or mouth of the Cattel But it is commonly used for a Liberty to feed ones Cattel in anothers mans ground as in the Forest c. Cromp. Juris fol. 197. Heretico or Haeretico comburendo HAEretico comburendo is a Writ that lies against him who is an Heretick that is who having been once convicted of Heresie by the Bishop and having abjured it afterwards falls into it again or into some other and is thereupon committed to the Secular Power And Brit. lib. 1. cap. 17. saith That by the Common Law those persons who Feloniously burn the Corn or Houses of others Sorcerers and Sorcecesses Sodomitical persons and Hereticks should be burnt and consumed This Writ is taken away by the Statute of K. C. 2. Hermitage Hermite HErmite is a Religious Man who devotes himself to live solitary in any private Place Church Monastery c. And his place is called an Hermitage And of it a Prohibition lies Nat. Br. 34. G. Hidage HIdage is to be quit if the King shall tax all the Land by Hides Note that a Hide of Land is a whole Plough-land And this kind of Taxing by Hides was much used in old time as well for provision of Armour as payments of Money and that chiefly in King Etheldred's days who in the year of Christ 1006. when the Danes landed at Sandwich in Kent taxed all his Land by Hides thus That every 310 Hides of Land should find one Ship furnished and every eight Hides should find one Iack and one Saddle for the defence of the Realm Hoblers HOblers are mentioned in the Statute of 25 E. 3. Stat. 5. cap. 8. to be such men as by their Tenure are bound to keep a little Nag to give notice of any Invasion or other danger that happens near the Sea-side where they dwell Hoghenhine HOghenhine is he who comes Guest-wise to a house and there lies the third night after which time he is accounted one of his Family in whose house he lies and if he offend the Kings Peace his Host must be answerable for him Bract. lib. 3. tract 2. cap. 10. In the Laws of King Eâ—ward set forth by Lambert he is called Agenhine where you may read more of this matter Homage HOmage in our Books is twofold viz. Homagium ligeum and that is as much as Ligeance of which Bracton speaks lib. 3. cap. 35. fol. 79. Soli Regi debetur sine Dominio seu Servitio And the other is Homagium feudale which hath his original by Tenure In Fitzh N. B. fol. 269. there is a Writ for respiting this later Homage which is due by reason of the Fee or Tenure But Homagium ligeum is inherent and inseparable and cannot be respited Homage by reason of Fee or Tenure is defined to be a Service which shall be made in this manner The Tenant in Fee or Fee-tail that holds by Homage shall kneel upon both his knees ungirded and the Lord shall sit and hold the hands of his Tenant between his hands and the Tenant shall say I become your man from this day forward of life and member and of earthly honor and to you shall be faithful and true and shall bear to you faith for the Lands that I claim to hold of you saving that Faith I owe to our Lord the King and then the Lord so sitting shall kiss him How Fealty shall be done look before in Fealty The Steward of the Lord may take Fealty but not Homage See the Statute 12 Car. 2. cap. 24. Homage auncestrel HOmage auncestrel is where a man and his Ancestors time out of mind held
who is therefore called the Incumbent of that Church because he doth bend all his study to the discharge of the Cure there Indicavit INdicavit is a Writ or Prohibition that lies for the Patron of a Church whose Clerk is Defendant in Court-Christian in an Action for Tithes commenced by another Clerk and extending to the fourth part of the Church or of its Tithes in which case the Suit belongs to the Kings Court by Westm 1. c. 5. Wherefore the Defendants Patron being like to be prejudiced in his Church and Advowson if the Plaintiff obtain in the Court-Christian has this means to remove it to the Kings Court Reg. orig fol. 35. and Britton c. 109. This Writ is not returnable but if they cease not their Suit he shall have an Attachment Inditement INditement See Enditement Indorsement INdorsement is that which is written upon the Back of a Deed as the Condition of an Obligation is said to be indorsed because it is commonly written on the Back of the Obligation Induction INduction is a lay act made by prescept of the Ordinary by which actual possession of the Church is given to the Rector or Vicar after his Presentation and Institution to it Infangtheef INfangtheef is a Priviledge or Liberty granted to Lords of certain Mannors to judge any Thief taken within their Fee Information INformation for the King is that which for a common person is called a Declaration and is not always done directly by the King or his Attorney but rather by some other man who sues as well for the King as for himself upon the breach of some penal Law or Statute wherein a Penalty is given to the party that will sue for the same but no Action of Debt to recover it therefore it must be had by Information Ingrosser INgrosser comes of the French word Grosier that is one that sells by Whole-sale But in our Law an Ingrosser is one that buys Corn Grain Butter Cheese Fish or other dead Victuals with an intent to sell the same again And so he is defined in the Stat. of 5 E. 6. c. 14. made against such Ingrossing Inheritance INheritance See Enheritance Inhibition INhibition is a Writ to inhibit a Iudge to proceed farther in the Cause depending before him And there is another Writ where after the Kings Presentment to a Benefice he presents another and inhibiteth the Bishop to give Induction to the first Presentee Plo. Com. 528. See F. N. B. f. 39. where he puts Prohibition and Inhibition together Inhibition is most commonly a Writ issuing forth of an higher Court-Cheistian to a lower and inferiour upon an Appeal Anno 24 H. 8. c. 12. and Prohibition out of the Kings Court of Record at Westminster to a Court-Christian or to an inferiour Temporal Court Injunction INjunction is an interlocutory Decree out of the Chancery sometimes to give Possession to the Plaintiff for defect of Apparance in the Defendant sometimes to the ordinary Courts of the King and sometimes to the Court-Christian to stay Proceeding in a Cause upon suggestiou made that if the rigor of the Law take place it is against Equity and Conscience in that Case See West part 2. tit Proceedings in Chancery sect 25. Inlagary INlagary or Inlagation is a Restitution of one outlawed to the Kings Protection or to the benefit condition of a Subject Inlaugh INlaugh signifies him that is sub Lege in some Frank-pledge not out-lawed of whom see Bract. l. 3. tract 2. c. 11. Inmates INmates are those persons of one Family that are suffered to come and dwell in one Cottage together with another Family by which the poor of the Parish will be increased And therefore by the Statute of 31 Eliz. c. 7. there is a Penalty of ten shillings a Month set upon every one that shall receive or continue such an Iumate Inquisition INquisition See Enquest Inrolment INrolment is the Registring Recording or Entring of any Act or Deed in the Chancery or elsewhere as of a Recognizance Fine Statute or Deed indented by the Statute of 27 H. 8. c. 16. by which a Freehold shall pass Instant INstant in Latine Instans is defined by the Logicians A thing not dividable in Time which is not any Time nor part of Time to which yet the parts of time are conjoyned and much considered in the Law and though it cannot be actually divided yet in consideration and conceit it may be divided and applied to several purposes as if they were several times whereof see in Plowdens Commentaries in the Case between Fulmerston and Stuard where the Statute of 31 H. 8. which Enacted That if an Abbot within a year before the Statute had letten Lands to one who at the time of making that Lease had the same Land to farm for a term of years then not expired that the Lessee should have that Land only for twenty one years is expounded And there it is debated That when the Termor takes the second Lease he surrenders his former term and so at the same instant of taking the second Lease the former term is expired And in the Case between Petit and Hales he who kills himself commits not Felony till he be dead and when dead he is not in being so as to be termed a Felon but at the instant is in the Law so adjudged And there are many other Cases in Law where the instant time that is not dividable in nature in the consideration of the mind and understanding of the Sages of the Law is divided upon which arise many arguments of great use and profound learning Institution INstitution is a Faculty made by the Ordinary by which a Vicar or Rector is approved to be Inducted to a Rectory or Vicarage Interdiction INterdiction has the same signification in the Common as in the Canon Law where it is thus defined Interdictio est Censura Ecclesiastica prohibens administrationem Divinorum And so it is used 22 H. 8. cap. 12. Intrusion INtrusion is a Writ that lies against him that enters after the death of Tenant in Dower or other Tenant for Life and holds out him in the Reversion or Remainder for which see Fitz. N. B. fol. 203. E. And every entry upon the possession of the King is called an Intrusion as where the Heir of the Kings Tenant enters after Office and before Livery this is called an Intrusion upon the King as appears in Stanf. Prerog fol. 40. and many other Books Intrusion INtrusion See Entrusion Inventary AN Inventary is a Catalogue or Recital in Writing of all the Goods and Chattels of one that is dead with the Valuation of them by four several persons which every Executor and Administrator ought to exhibit to the Ordinary at the time appointed Jointenans JOintenants are where two men come to any Lands and Tenements by one joynt Title as if a man give Lands to two men and to their Heirs Tenants in common are where two have Lands by several Titles or by Feoffment to two
Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
the land extends but to the moiety of a Knight's fee then the Tenant is bound to follow his Lord but 20 days if a fourth part then 10 days Fitzh Nat. Brev fol. 83. c. 84. c e. The other kind of Escuage uncertain is called Castleward where the Tenant by his land is bound either by himself or some other to defend a Castle as often as it shall come to his turn Escuage certain is where the Tenant is assessed to a certain summe of money to be paid instead of such uncertain service as that a man shall pay yearly for a Knights Fee 20 shillings for the half 10 shillings or any such rate And this Service because it is drawn to a certain Rent comes to be of a mixt nature not meerly Socage for it smells not of the Plow and yet Socage in effect being now neither personal service nor incertain Chivalry hath other conditions annexed thereunto as Homage Fealty Wardship Relief and Marriage Bract. l. 2. c. 35. and what they signifie see in their several places Chivalry is either general or special Dyer fol. 161. plac 47. General seems to be where it is only said in the Feoffment that the Tenant holds by Knights Service without any specification of Sergeanty Escuage c. Special is that which is declared particularly what kind of Knights service he holds by See the Statute 12 Car. 2. c. 24 Thing in Action THing in Action is when a man hath cause or may bring an Action for some duty due to him as an Action of Debt upon an Obligation Annuity or Rent Action of Covenant or Ward Trespasse of goods taken away Beating or such like and because they are things whereof a man is not possessed but for recovery of them is driven to his Action they are called Things in Action And those Things in Action that are certain the King may grant and the Grantee may have an Action for them in his own name only But a common person cannot grant his Thing in Action nor the King himself his Thing in Action which is uncertain as Trespass and such like But of late times it is used in London that Merchants and others there who have Bills without Seals for payment of Money assign them to others who bring actions in their own names Churchesset CHurchesset is a word whereof Flet. l. 1. c. 47. in the end thus writes It signifies a certain Measure of Wheat which in times past every man on St. Martins day gave to Holy Church as well in the time of the Britains as of the English Yet many great persons after the coming of the Romans gave that Contribution according to the ancient Law of Moses in the name of the First-fruits as in the Work of King Kanutus sent unto the Pope is contained in which they call the Contribution Chirchsed as one would say Church-seed Church-wardens CHurch-wardens are Officers yearly chosen by the consent of the Minister and the Parishioners according to the custom of every several place to see to the Church Church-yard and such things as belong to both and to observe the behaviour of the Parishioners for such crimes as appertain to the jurisdiction or censure of the Ecclesiastical Court These are a kind of Corporation and are enabled by Law to sue for any thing belonging to their Church or the Poor of the Parish See Lambert's Duty of Church-wardens Cinque Port. CInque Port are five Haven-towns that is Hastings Romney Hythe Dover and Sandwich to which have been granted long time since many Liverties which other Port-towns haue not and that first in the time of King Edward the Confessor which have been increased since and that chiefly in the days of the three Edwards the first the second and third as appears in Dooms-day book and other old Monuments too long to recite Circuity of Action CIrcuity of Action is when an Action is rightfully brought for a Duty but yet about the bush as it were for that it might as well have been otherwise answered and determined and the Suit saved and because the same Action was more then needful it is called Circuity of Action As if a man grant a Rent-charge of x. li out of his Mannor of Dale and after the Grantee disseises the Grantor of the same Manor and he brings an Assise and recovers the land and xxli damages which xx.li. being paid the Grantee of the Rent sues his Action for x. li of his Rent due during the time of the Disseisin which if no Disseisin had been he must have had This is called Circuity of Action because it might have been more shortly answered for whereas the Grantor shall receive xx.li. damages and pay x. li Rent he may haue received but the x. li only for the damages and the Grantee might have cut off and kept back the other x. li in his hands by way of deteiner for his Rent and so thereby might have saved his Action Circumstantibus CIrcumstantibus is a word of Art signifying the Supply and making up the number of Iurors if any impannelled do not appear or are challenged by either party by adding to them as many others of those that are present and standers by See 35 H. 8. c. 6. 5 El. c. 25. City CIty is such a Town corporate as hath a Bishop and a Cathedral Church whereof such words are found The same place is called Urbs Civitas and Oppidum It is called Civitas in regard it is governed in justice and order of Magistracy Oppidum for that there are therein great plenty of Inhabitants and Urbs because it is in due form begirt about with Walls But that place is commonly called Civitas which hath a Bishop Yet Crompton in his Jurisdictions reckons up all the Cities and leaves out Ely although it hath a Bishop and a Cathedral Church and puts in Westminster notwithstanding it now hath no Bishop And 35 El. 6. Westminster is called a City and Anno 27 ejusd c. 5 of Statutes not printed Westminster is alternative called a City or Borough It appears by the Stat. 35 H. 8. c. 10. that then there was a Bishop of Westm Cassanaeus writes that France hath within its Territories 104 Cities and gives this reason because there are so many Sees of Archbishops and Bishops Clack CLack as to clack force and bard wool 8 H 6. cap. 22. whereof the first viz. to Clack wool is to cut off the mark of the Sheep which makes it to weigh lesse and so to pay the less Custome to the King To Force wool is to clip the upper and most hairy part of it To Bard or beard wool is to cut the head and neck from the other part of the Fleece Claim CLaim is a Challenge by any man of the property or ownership of a thing which he hath not in possession but is withholden from him wrongfully and the party that so makes this Claim shall have thereby a great advantage for by it in some cases he may
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
the Kings Debts Apparances and for observing of Orders also he takes all Obligations for any of the Kings Debts for Apparances and observing of Orders and makes out Process upon them for the breaking of them The Lord Treasurers Remembrancer makes out Process against all Sheriffs Escheators receivers and Bailiffs for their Accounts he makes the Process of Fieri sacias and Exteut for any Debts due to the King either in the Pipe or with the Auditors and he makes Process for all such revenue as is due to the King by reason of his Tenures The Remembrancer of the First Fruits takes all Compositions for First fruits and Tenths and makes Process against such as pay not the same Of these Officers see more in Dalton's Book of the Office and Authority of Sheriffs f. 186. Remitter REmitter is when a man hath two Titles to any Land and he comes to the Land by the tast Title yet he shall be judged in by force of his elder Title and that shall be said to him a Remitter As if Tenant in tail discontinue the Tail and after disseises his discontinuee and dies thereof seised and the Lands discend to his issue or Cousin inheritable by force of the Tail in that case he is in his Remitter that is to say seised by force of the Tail and the Title of the Discontinuee is utterly adnulled and defeated And the reason and cause of such Remitter is for that such an Heir is Tenant of the Land and there is no person Tenant against whom he may sue his Writ of Formedon to recover the Estate tail for he may not have an Action against himself Also if Tenant in tail infeoff his Son or Heir apparent who is within age and after dies that is a Remitter to the Heir but if he were full of age at the time of such Feoffment it is no Remitter because it was his folly that he being of full age would take such a Feoffment If the Husband alien Lands that he hath in right of his wife and after take an Estate again to him and to his Wife for term of their lives that is a Remitter to the Woman because this Alienation is the act of the Husband and not of the Woman for no folly may be adjudged in the Woman during the life of her Husband But if such Alienation be by Fine in Court of Record such a taking again afterward to the Husband and Wife for term of their lives shall not make the Woman to be in her Remitter for that in such a Fine the Woman shall be examined by the Iudge and such Examination in Fines shall exclude such women for ever Also when the Entry of any man is lawful and he takes an Estate to him when he is of full age if it be not by Deed indented or matter of Record which shall estop him that shall be to him a good Remitter Rents REnts are of divers kinds that is Rent-service Rent-charge and Rent-secke Rent-service is where the Tenant in Fee-simple holds his Land of his Lord by Fealty and certain Rent or by other service and rent and theu if the rent be behind the Lord may distrain but shall not have an Action of Debt for it Also if I give Land in tail to a man paying to me certain Rent that is Rent-service But in such case it behoves that the reversion be in the Donor For if a man make a Feoffment in fee or a Gift in tail the remainder over in Fee without Deed reserving to him a certain rent such reservation is void and that is by the Statute Quia emprores terrarum and then he shall hold of the Lord of whom his Donour held But if a man by Deed indented at this day make such Gift in tail the remainder over in fee or lease for term of life the remainder over or a Feoffment and by the same Indenture reserve to him rent and that if the rent be behind it shall be lawful for him to distrain that is Rent-chage But in such case if there be no clause of Distress in the Deed then such a rent is called Rent-seck for which he shall never distrain but if he were once seised he shall have Assise and if he were not seised he is without remedy And if one grant a rent going out of his Land with clause of Distress that is a Rēt-charge and if the rent be behind the Grantee may chuse to distrain or sue a Writ of Annuity but he cannot have both for if he bring a Writ of Annuity then the Land is discharged And if he destrain and avow the taking in Court of Record then the Land is charged and the person of the Grantor discharged Also if one grant a Rent charge and the Grantee-purchases half or any other part or parcel of the Land all the Rent is extinct But in Rent service if the Lord purchase parcel of the Land the Rent shall be apportioned If one hath a Rent charge and his Father purchase parcel of the Land and that parcel discends to the Son who hath the Rent charge then the Rent shall be apportioned according to the value of the Land as it is said of Rent-service because the Son comes to that not by his own act but by discent Also if I make a Lease for term of years reserving to me a certain Rent that is called a Rent service for which it is at my liberty to distrain or to have an Action of Debt but if the Lease be determined and the Rent behind I cannot distrain but shall be put to my Action of Debt And note well that if the Lord be seised of the Service and Rent aforesaid and they be behind and he distrain and the Tenant rescues the Distress he may have Assise or a Writ of Rescous but it is not more necessary for him to have Assise then a Writ of Rescous for that by Assise he shall recover his Rent and his Dammages but by a Writ of Rescous he shall recover only Dammages and the thing distrained shall be reprised If the Lord be not seised of the Rent and Service and they be behind and he distrain for them and the Tenant take again the Distress he shall not have Assise but a Writ of Rescous and the Lord shall not need to shew his right If the Lord cannot find a Distress in two years he shall have against the Tenant a Writ of Cessavit per biennium as it appears by the Statute of Westm 2. cap. 21. And if the Tenant die in the mean time and his Issue enter the Lord shall have against the Issue a Writ of Entry upon Cessavit or if the Tenant alien the Lord shall have against the Alienee the foresaid Writ But if the Lord have Issue and die and the Tenant be in arrearages of the said Rent and Service in the time of the Father and not in the time of the Issue he may not distrain for the Arrearages in the time of
Iurors matters in Law by the Iustices matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tried by his Peers without any Oath upon their Honors and Allegiance but in Appeal at the Suit of any Subject they shall be tried per probos legales homines If Ancient Demesne be pleaded of a Mannor and denied this shall be tried by the Record of the Book of Dooms-day in the Exchequer An Apostata shall be certified by the Abbot or other Religious Governor to whom he owed Obedience General Bastardy Excommengement Lawfulness of Marriage Profession and divers other matters Ecclesiastical shall be tried by the Bishops Certificate And a great number of other Trials there are whereof see Coke lib 9. the Case of the Abbot of Scrata Marcella fol. 23. By Witnesses De morte viri in Dower where the Tenant pleads That the Husband of the Demandant is alive Ra â— En. 128. Tronage TRonage is a certain Toll taken for Weighing Westm 2. cap. 25. 13 Edw. 1. Trover TRover is an Action which a Man hath against another that having found any of his Goods refuses to deliver them upon Demand See the Old Book of Entries word Trover Tumbrel TUmbrel see in the Title Cuckingstool and see the Statute of 51 H. 3. cap. 6. for the use of it Turbary TUrbary from the old Latine word Turba which was use â— for a Turf is an interest of digging Turfs upon a Common And you shall find an Assise brought of such a Common of Turbary in 5 Ass pl. 9. 7 E. 3. fol. 43. b. Sheriffs Turn SHeriffs Turne is a Court of Record in all things that pertain to the Turn and it is the Kings Leet through all the County and the Sheriff is Iudge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Turn This Court is to be kept twice in every year once after Easter and again after Michaelmas and that within one moneth after each Feast Anno 31 Edw. 3. cap 15. From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in this Court such as he will at his peril answer for But he cannot prescribe to take any thing for the keeping of his Turn because he is an Officer removeable See Coke l. 4. 33. l. 6. 2. and Daltons Book of Sheriffs tit Sheriffs Turn V. Vacation VAcation See Plenartie Vagabonds VAgabonds are idle and unprofitable men punishable by the Statute 39 Eliz. 4. 1 Jac. 7. 25. Value of Marriage VAlore Maritagii is a Writ that lay for the Lord against his Ward to recover against him the Value of his Marriage at his full age for that he was not Married by his Lord within age And this Writ lay although the Lord never rendered unto the Ward any convenient Marriage See Palmers Case Coke l. 5. f. 126. b. and the Stat. 12 Car. 2. c. 24. Venditioni exponas VEnditioni exponas is a Iudicial Writ directed to the Sheriff to sell Goods seised by a Fleri facias Venew or Visne VEne â— or Visne is a term used in the Statute of 35 H. 8. c. 6. and often in our Books and signifies a Place next to that where any thing that comes to be tried is supposed to be done And therefore for the better discovery of the truth of the matter in Fact upon every Trial some of the Iury must be of the same Hundred or sometimes of the same Parish or Neighborhood in which the thing is supposed to be done who by Intendment may have the best knowledge of the matter See Coke 6 Book f. 14. a. Arundels Case Venire facias VEnire facias it is a Process directed to the Sheriff or to the Coroners if the Sheriff be challenged to summon a Iury to try an Issue joined between party and party or the King and a Subject and it is also a Process upon an Audita Querela or upon an Indictment in the Kings Bench or Venire facias ad computandum against Tenant by Elegit Verderor VErderor is an Officer in the Kings Forrest chosen by the Free-holders of the County where the Forrest is by a Writ directed to the Sheriff to do it as appears by the Books of the Register and of the Nature of Writs and they are called in Latine Viridarli of the word Viridis in English Green in French Verd for a great part of their Office is touching the Verd to wit the Wood and Grass growing in the Forrest for which see more in the Charter and Laws of the Forrest Verge VErge is the Compass about the Kings Court their Bounds the Iurisdiction of the Lord Steward and of the Coroner of the Kings House so that he cannot intermeddle in the County forth of the Verge because his Office extends not thereunto as the Coroner of the County cannot intermeddle within the Verge which is exempted out of his Office by the Common Law And it seems against reason that their Offices and Iurisdictions being several should intermeddle one within the Iurisdiction of the other And this Verge seems to be twelve miles See 13 R. 2. Stat. 1. c. 3. F. N. B. f. 241. Britton f. 86. Fleta l. 2. c. 2. Coke l. 4. f. 46. 33 H. 8. c. 12. Verge in another signification is used for a Stick or Rod by which one is admitted Tenant and holding it in his hand takes the Oath of Fealty to the Lord of the Mannor and for that cause is called Tenant by the Verge See Old N. B. f. 17. Littl. l. 1. c. 10. Vert or Verd. VErt comes of the French Verd and signifies with us in the Forrest Laws every thing that doth grow and bears a green Leaf within the Forrest And it is divided into Over Vert and Neather Vert. Over Vert is the Great Woods and Neather Vert is the Vnder Woods There is also in Forrests a Vert called Special Vert and that is all Trees that grow in the Kings own Woods within the Forrest and all Trees that grow there in other Mans Woods if they be such Trees as bear Fruit to feed the Deer which are called Special Vert because the destroying of such Vert is more grievoufly punished then the destruction of other Vert is See Manwoods Forrest Laws c. 6. f. 52. a. Vicountiels VIcountiels are Farms so called for which the Sheriff pays certain Rent to the King and makes the best profit he can of them See the Stat. 33 34 H. 8. c. 16. View VIew is when an Action real is brought and the Tenane knows not well what Land it is that the Demandant asks then the Tenant shall pray