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
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
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
Par. 1. Pa. 178. Reprisels Reprisalia From the Fr. Reprise i. Recaptio vel captio rei unius in alterius satisfactionem Is all one in the Common and Civil Law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data Creditori pro injuriis damnis acceptis Vocab utriusque Juris This among the Ancient Romans was called Clarigatio In the Statute 27 Edw. 3. Stat. 2. ca. 17. it is called Law of Marque because one destitute of Justice in another Territory redresseth himself by the goods belonging to Men of that Territory Reprises Fr. Resumptions or takings back We use it for deductions and duties which are yearly paid out of a Mannor or lands as Rent-charges Pensions Fees or Stewards or Bailiffs c. Therefore we say the Mannor of Dale yields 40 l. per annum ultra Reprizas besides all Reprises Requests Curia Requisitionum See in Court The place where this Court was held was anciently called Camera alba Rot. Parl. Anno 17 Edw. 3. Resceit Receptio Is an admission or receiving a third person to plead his right in a cause formerly commenced between other two New Book of Entries verbo Resceit As if Tenant for life or years brings an Action he in the Reversion comes in and prayes to be received to defend the Land and to plead with the Demandant See Brook Tit. Resceit fo 205. and Perkins Dower 448. Resceit is also apply'd to an admittance of Plea though the controversie be onely between â—two Brook tit Estoppel Coke on Litt. fo 192. b. Resceit of homage Receptio Homagii Is the Lords receiving Homage of his Tenant at his admission to the Land Kitchin fo 148. See Homage Rescous Rescussus From the Fr. Rescousse i. Liberatio redemptio Is an illegal taking away and setting at liberty a Distress taken or a person arrested by Process or course of Law which is a Rescouse in Deed And where a man has taken a Distress and the Cattel distreined as he is driving them to the Pound happen to go into the House of the owner if he that took the distress demand them of the owner and he deliver them not this is a Rescous in Law Coke on Litt. lib. 2. ca. 12. Sect. 237. It is also used for a Writ which lies for this fact called Breve de rescussu whereof you may see both the form and use in Fitz. Nat. Br. fo 101. Reg. of Writs fo 125. and New Book of Entries verbo Rescous This in some cases is Treason upon matters of Treason and in some Felony in cases of Felony Cromp. Justice fo 54. b. Rescussor Is he that commits such a Rescous Crokes Rep. 2 Part fo 419. Reseiser Reseisire Is a taking again of Lands into the Kings hands whereof a general Livery or Ouster le main was formerly missued contrary to order of Law Stamf. Praerog 26. See Resumption Reservation Reservatio A providing for store as when a man departs with his Land but reserves or provides for himself a rent out of it for his own livelihood Sometimes it serves to reserve a new thing and sometimes to except part of the thing in esse that is granted See Perkins Reservations per totum Resiance Resiantia From the Fr. Reseant vel resseant i. Resident Signifies a Mans aboad or continuance in a place Old Nut. Br. fo 85. Whence also comes the participle resiant that is continually dwelling or abiding in a place Kitchin fo 33. It is all one in truth with residence but that custom ties this onely to persons Ecclesiastical Veteri autem jure nostro etiam Scotico aliud significat utpote morbum validum seu veteranum quo quis exire de suis aedibus prohibetur Essonium igitur quod de malo lecti nuncupatur hoc est excusatio quod ratione infirmitatis sistere se in foro non valeat essonium nuncupant de reseantisa Glanvile lib. 1. ca. 11. Quandoque intervenit Essonium ex infirmitate de reseantisa Ubi in margine notatur Essonium de reseantisa idem valet quod essonium de malo lecti Et Galli apertius dixerunt Exoine de mal resseant Spelm. Residence R 〈…〉 tia Is peculiarly used both in the Canon and Common-Law for the continuance or aboad of a Parson or Vicar upon his Benefice The defalt whereof except the party be qualify'd and dispensed with is the loss of ten pounds for every moneth Anno 28 Hen. 8. ca. 13. Resignation Resignatio Is used particularly for the yielding up a Benefice into the hands of the Ordinary otherwise called renunciatio by the Canonists And though it signifie all one in nature with the word Surrender yet it is by use restrained to the yielding up a Spiritual Living as aforesaid and Surrender to the giving up Temporal Lands into the hands of the Lord. And a Resignation may now be made into the hands of the King as well as of the Diocesan because he has Supremam Authoritatem Ecclesiasticam as the Pope had here in times past Plowden Casu Grâ—ndon fo 498. Resort or Ressort Fr. Is a word used properly in a Writ of Tayle or Cousenage as Descent is in a Writ of right In French it signifies the Authority or Jurisdiction of a Court. Salvo tamen tam ressorto quam aliis jure nostro jure etiam alieno Lit. Pat. Philip le Hardy R. Franc. Respectu computi vicecomitis habendo Is a Writ for the respiting a Sheriffs account upon just occasion directed to the Treasurer and Barons of the Exchequer Reg. fo 139 and 179. Respite Respectus Is used for a delay forbearance or continuation of time Praecipio tibi quod poni facias in respectum usque ad aliquem terminum competentem Glanvile lib. 12. ca. 9. in Brevi Regis Respite of Homage Respectus Homagii Is the forbearance of Homage which ought first of all to be performed by the Tenant holding by Homage but it had the most frequent use in such as held by Knight-service in Capite who did pay into the Exchequer every fifth Term some small Summ of Money to be respited the doing their Homage see the Stat. 12 Car. 2. ca. 24. whereby this Respite of Homage is taken away as a charge incident or arising from Knight-service c. Respondeat superior Where the Sheriffs are removable as in London for insufficiency respondeâ—t superior that is the Mayor and Commonalty of London Pur insufficiency del Bailiff d'un Libertie respondeat Dominus libertatis 44 Ed. 3. 13. See 4 Inst fo 114. Responsalis qui Responsum defert Is he that appears for another in Court at a day assigned GIanvile lib. 12. ca. 1. But Fleâ—a lib. 6. ca. 11. makes a difference between Atturnatum Essoniatorem Responsalem as if Essoniator came onely to alledge the cause of the parties absence be he the demandant or tenant and Responsalis came for the Tenant not onely to excuse his absence but to signifie what trial he meant to
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
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our year-Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
Kitchin fol. 79. There is another difference in that an Arrest lies onely upon the Body of a Man and an Attachment sometimes on his Goods which makes it in that particular differ from a Capias in being more general For a man may be attached by an hundred Sheep Kitchin fol. 263. but the Capias takes hold of the Body onely See Skene Verbo Attachiamentum Attachment by Writ differs from a Distress or Distringas in this That an Attachment reacheth not to Lands as a Distress doth and that a Distress toucheth not the Body if it be properly taken as an Attachment doth yet are they divers times confounded as may appear by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. Howbeit in the most common use an Attachment is an apprehension of a Man by his Body to bring him to answer the Action of the Plaintiff A Distress without a Writ is the taking of a Mans Goods for some real cause as Rent Service or the like whereby to force him to Replevy and so to be Plaintuff in an Action of Trespass against him that distrained him See Distress Attachment out of the Chancery is had of course upon an Affidavit made That the Defendant was served with a Subpaena and appears not or issueth upon not performing some Order or Decree After the return of this Attachment by the Sheriff Quod non est inventus in Baliva sua Another Attachment with Proclamation issues out against him and if he appears not thereupon then a Writ of Rebellion West part 2. Symbol tit Proceedings in Chancery Attachment of Priviledge Is by vertue of a Mans Priviledge to call another to that Court whereto he himself belongs and in respect whereof he is priviledged to answer some Action New Book of Entries Verbo Priviledge fol. 431. Forein Attachment Is an Attachment of Goods or Money found within a Liberty or City to satisfie some Creditor of his within such City or Liberty And by the Custom of some places as London c. a Man may attach Money or Goods in the hands of a Stranger whilest he is within their Liberty As if A ows B 10 l. and C ows A 10 l. B may attach this 10 l. in the hands of C to satisfie himself for the Debt due from A. See Calthrops Reports pag. 66. There is likewise an Attachment of the Forest which is one of the Three Courts there held The lowest is called the Attachment the mean Swainmote the highest the Justice in Eyrs seat This Court of Attachment seems to be so called because the Verderors of the Forest have therein no other Authorty but to receive the Attachments of Offenders against Vert and Venison taken by the rest of the Officers and to enrol them that they may be presented or punished at the next Justice Seat Manwood part 1. pag. 93. And this Attaching is by three means By Goods and Chattels by Body Pledges and Mainprize or by the Body onely The Court is kept every Forty days throughout the year See Crompton in his Court of the Forest The diversity of Attachments you may see in Register of Writs under the word Attachiamentum in Indice Attaint attincta As it is a Substantive is used for a Writ that lies after Judgment against a Jury that hath given a false Verdict in any Court of Record be the Action Real or Personal if the Debt or Damages surmount the sum of 40 s. What the Form of the Writ is and how in use is expressed in Fitz. Nat. Br. fol. 105. and New Book of Entries fol. 84. The reason why it is so called is because the party that obtains it endeavors thereby to touch or stain the Jury with Perjury by whose Verdict he is grieved And if the Verdict be found false then the Judgment anciently was That the Jurors Meadows should be ploughed up their Houses broke down their Woods grubbed up and all their Lands and Tenements forfeited to the King But if it pass against him that brought the Attaint he shall be imprisoned and grievously ransomed at the Kings Will. See Glanvile lib. 2. cap. 19. Smith de Repub. Angl. lib. 3 cap. 2. 11 Hen. 7. cap. 21 23 Hen. 8. cap. 3. In what diversity of Cases this Writ is brought see Reg. of Writs in Indice It was anciently called Breve de Convictione See Coke on Littl. fol. 294. b. Attainted attinctus Is used particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Yet a Man is said to be attainted of Disseisin Westm 1. cap. 24 36. Anno 3 Edw. 1. And so it is taken in French as Estre attaint vayncu en aucun case i. to be cast in any case Britton cap. 75. uses the Participle Attaint in the sence we say attained unto A Man is attainted by two means by Appearance or by Process Stanf. Pl. Cor. fol. 44. Attainder by Appearance is by Confession by Battle or by Verdict Confession whereof Attaint grows is twofold one at the Bar before the Judges when the Prisoner upon his Indictment read being asked guilty or not guilty answers guilty never putting himself upon the Jury the other is before the Coroner in Sanctuary where he upon his Confession was in former times constrained to abjure the Realm which kinde also of the effect is called Attainder by Abjuration Stanf. fol. 182. Attainder by Battle is when the party appealed by another and chusing to try the truth by Combat rather then by Jury is vanquished Attainder by Verdict is when the Prisoner at the Bar answering not guilty to the Indictment hath an Enquest of Life and Death passing upon him and is by their Verdict pronounced guilty Idem f. 108 192. Attainder by Process otherwise called Attainder by Default or Attainder by Outlary is where a party flies or doth not appear until he hath been five times called publickly in the County Court and at last upon his default is pronounced or returned Outlawed The same Author fol. 108. makes a difference between Attainder and Conviction with whom agrees the Statute Anno 34 35 Hen. 8. cap. 14. and Anno 1 Edw. 6. cap. 12. in these words That then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And I finde by Stanf. Pl. Cor. fol. 66. That a Man by our ancient Laws was said to be convicted presently upon the Verdict guilty but not to be attainted until it appeared he was no Clerk or being a Clerk and demanded by his Ordinary could not purge himself And in one word it appears That Attainder is larger then Conviction Conviction being onely by the Jury And Attainder is not before Judgment Perkins Grants num 27 29. Yet it appears by Stanf. fol. 9. that Conviction is sometimes called Attainder For there he says the Verdict of the Jury does either acquit or attaint a Man And so it is Westm 1. cap. 14. This
to the Hundred of Egerdon This in ancient Records is called Certum Letae See Common Fine Certificat Lat. Is used for a Writing made in any Court to give notice to another Court of any thing done therein For example a Certificat of the cause of Attaint is a Transcript made briefly by the Clerk of the Crown Clerks of the Peace or of Assise to the Court of Kings Bench containing the Tenor and Effect of every Indictment Outlary or Conviction or Clerk attainted made or pronounced in any other Court Anno 34 H. 8. cap. 14. Broke fol. 119. Certification of Assise of Novel Disseisin c. Certificatio Assisae novae Disseisinae c. Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices Of which see Reg. of Writs f. 200. And the New Book of Entries verbo Certificat of Assise This is used when a Man appearing by his Bailiff to an Assise brought by another hath lost the day and having something more to plead for himself as a Deed of Release c. which the Bailiff did not or might not plead for him desires a farther examination of the cause either before the same Justices or others and obtains Letters Patent to them to that effect The Form of which Letters see in Fitz. Nat. Br. fol. 181. and that done brings a Writ to the Sheriff to call both the party for whom the Assise passed and the Jury that was empaneld on the same before the said Justices at a certain day and place And it is called a Certificat because therein mention is made to the Sheriff that upon the parties complaint of the Defective Examination or Doubts yet remaining upon the Assise paâ—sed the King hath directed His Letters Patent to the Justices for the better certifying themselves whether all Points of the said Assise were duly examined Of this read Bracton lib. 4. cap. 19. num 4. and Horns Mirror lib. 3. Certificando de recognitione Stapulae Is a Writ directed to the Major of the Staple c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him in case where the party himself detains it and reâ—use h 〈…〉 bring it in Reg. of Writs fol. 152. b. The like may be understood of Certificando de Statuto Mercatorio fol. 148. And De Certificando in Cancellariam de Inquisitione de Idemptitate nominis fol. 195. And Certificando quando Recognitio c. And Certificando quid actum est de brevi super Statutum Mercatorium fol. 151. And Certificando si loquela Warrantiae fol. 13 Certiorari Is a Writ issuing out of the Chancery to an Inferior Court to call up the Records of a Cause there depending that conscionable Justice may be done therein upon complaint made by Bill that the party who seeks the said Writ hath received hard dealing in the said Court See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register both Original and Judicial in the Tables verbo Certiorari Crompton in his Justice of Peace fol. 117. says This Writ is either returnable in the Kings Bench and then hath these words Nobis mittatis or in the Chancery and then hath in Cancellaria nostra or in the Common Bench and then Justiciariis nostris de Banco Cessavit Is a Writ that lies in divers Cases as appears by Fitz. Nat. Br. fol. 280. Upon this general ground i. That he against whom it is brought hath for two years neglected to perform such Service or to pay such Rent as he is tied to by his tenure and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained See Fleta lib. 5. cap. 34. sect visa sunt See Cessavit de Cantaria Cessavit de feodi firma Cessavit per biennium in Reg. of Writs fol. 237 238. And New Book of Entries verbo Cessavit It lies not but for Annual Service as â—eat and such like not for Homage or Fealty Cesses Anno 22 Hen. 8. cap. 3. Seems to signifie Assessments or Taxes Cesse or Ceasse in Ireland is an exaction of Provision of Victuals at a certain rate for the Deputies Family and the Soldiers in Garison Sir Rich. Bakers Chron. fol. 376. Cession Cessio A ceasing yielding up or giving over Si un Farson ou Dean en Angliterre prist un Evesquery en Ireland ceo fait le primier Esglise void per Cession Latches Rep. fol. 234. Ratione vacationis Prioratus praedicti per Cessionem Fratris Rogeri de Wellington ultimi Prioris c. Claus 13 Edw. 3. pag. 1. m. 38. Cessor Lat. A loyterer or idle fellow but we use it for him who ceaseth or neglects so long to perform a duty belonging to him as he thereby incurs the danger of Law and is liable to have the Writ Cessavit brought against him Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth without any more words is to be understood that the Tenant ceaseth to do what he ought or is bound to do by the Tenure of his Lands or Tenement Cessure or Cesser Is also used for a ceasing giving over or departing from Westm 2. cap. 41. Cestui qui vie in true French Cestui a vie de qui Is he for whose life any Land or Tenement is granted Perkins tit Grants 97. Cestui que use an Abstract of the Fr. Cestui al use de qui Is an usual phrase signifying him to whose use any other Man is enfeoffed in any Lands or Tenements See the New Book of Entries verbo Uses And in Replevin fol. 508. colum 3. and verbo Trespass fol. 606. and fol. 123. a b. col 3. num 7. Anno 1 Rich. 3. cap. 1. and Coke lib. 1. fol. 133. Anno 12 Car. 2. cap. 30. Cestui qui trust Is he who hath a trust in Lands or Tenements committed to him for the benefit of another Anno 12 Car. 2. cap. 30. Chafewax Is an Officer in Chancery that fits the Wax for the Sealing of the Writs and such other Instruments as are there made to be issued out So in France Calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chaffers Anno 3 Edw. 4. cap. 4. Seem to signifie Wares or Merchandize for Chaffering is yet used for buying and selling Chaldron or Chalder of Coals Contains Thirty six Bushels heape up and according to the Bushel sealed for that purpose at Guildhal in London Annis 16 17 Car. 2. cap. 2. It is written Chawdren Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud i. hot Challenge from the Fr. Chalenger i. sibi asserere Is used for an Exception taken either against persons or things Persons as in Assise to the Jurors any one or more of them or in case of Felony by the Prisoner at the Bar Bracton lib. 2. tract 2. cap. 22. Things as against a Declaration Old Nat. Br. fol. 76. Challenge
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
or Grant either in writing or without writing As if I enfeoff a Man in Lands reserving a Rent to be paid at such a Feast upon Condition if the Feoffee fail of payment at the day then it shall be lawful for me to re-enter Condition Implied which is called a Condition in Law Is when a Man Grants to another the Office of Keeper of a Park Steward Bailiff or the like for Life though there be no Condition at all expressed in the Grant yet the Law makes one covertly which is if the Grantee does not justly execute all things pertaining to his Office by himself or his sufficient Deputy it shall be lawful for the Grantor to enter and discharge him of his Office See Littleton lib. 3. cap. 5. Cone and Key Bracton lib. 2. cap. 37. num 3. Foemina in tali atate i. 14 15 Annorum potest disponere Domui suae habere Cone Key Colne in the Saxon signifies Calculus computus and Key clavis So that a Woman was then held to be of competent years when she was able to keep the Accounts and Keys of the House and Glanv lib. 7. cap. 9. hath somewhat to the same purpose Confederacy Confederatio Is when two or more confederate or combine themselves to do any damage to another or to commit any unlawful act And though a Writ of Conspiracy does not lie if the party be not indited and in lawful manner acquitted for so are the words of the Writ yet false confederacy between divers persons shall be punished though nothing be put in execution which appears by the Book of 27 Assis Placit 44. where two wâ—â—e indited of Confederacy each to maintain other whether their matter were true or false and though nothing were supposed to be put in practise the Parties were enjoyn'd to answer since the thing is forbidden by Law So in the next Article in the same Book enquiry shall be made of Conspirators and Confederators which binde themselves together c. This Confederacy punishable by Law before it be executed ought to have four incidents First It must be declared by some matter of prosecution as by making of Bonds or Promises the one to the other 2. Malicious as for unjust revenge 3. It ought to be false against an innocent Lastly to be out of Court voluntary Terms de la Ley. Confirmation Confirmatio Is a strengthning or confirming an estate to one who hath the possession by a voidable Title though not at present void As a Bishop grants his Chancellorship by Patent for term of the Patentees life This is no void grant but voidable by the Bishops death except it be strengthned by the Dean and Chapters Confirmation See more of this in West pa. 1. Symb. lib. 2. sect 500. Fitz. Nat. Br. fol. 169. b. and Littleton lib. 3. cap. 9. Confiscate From the Lat. Confiscare and that from Fiscus which originally signifies a Hamper Pannier or Basket but Metonymically the Emperors Treasure which was anciently kept in such Hampers and though our King keeps not His Treasure in such things yet as the Romans said such Goods as were forfeited to the Emperors Treasury for any offence were Bona confiscata so say we of those that are forfeited to our Kings Exchequer And the title to have these Goods is given the King by the Law when they are not claimed by some other As if a Man be indited for feloniously stealing the Goods of another where in truth they are the proper Goods of him indited and they are brought in Court against him who being asked what he saith to the said Goods disclaims them By this Disclaimer he shall lose the Goods though he be afterwards acquitted of the Felony and the King shall have them as Confiscate but otherwise if he had not disclaimed them So where Goods are found in the Felons possession which he disavows and afterwards is attainted of other Goods and not of them there the Goods which he disavows are Confiscate to the King but had he been attainted of the same Goods they should have been said forfeited not Confiscate notwithstanding his disavowment See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note Confiscare Forisfacere are Synonyma and Bona confiscata are Bona forisfacta 3 Inst fol. 227. Confrairie Fr. A Fraternity Fellowship or Society as the Confrairie de Seint George or de les Chivaliors de la bleu Jartier Selden Confréeres Fr. Confreres Brethren in a Religious House Fellows of one and the same House or Society Anno 32 Hen. 8. cap. 24. Congeable from the Fr. Conge i. Leave Licence or Permission Signifies as much as lawful or lawfully done or done with leave of permission as The entry of the Disseisee is congeable Littleton sect 410. and 2 par Croke fol. 31. Conge d'â—â—ccorder Fr. i. Leave to accord or agree I finde it in the Statute of Fines An. 18 Edw. 1. in these words When the Writ original is delivered in presence of the Parties before Justices a Pleader shall say this Sir Justice Conge d'Accorder and the Justice shall say to him What saith Sir R. and shall name one of the Parties c. Conge d'Eslire Fr. i. Leave to chuse Signifies the Kings Permission Royal to a Dean and Chapter in time of Vacation to chuse a Bishop or to an Abbey or Priory of his own Foundation to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169 170. Gwin in the Preface to his Readings says The King of England as Soveraign Patron of all Arch-Bishopricks Bishopricks and other Eccsesiastical Benefices had of ancient time free appointment of all Ecclesiastical Dignities whensoever they chanced to be void investing them first per baculum annulum and afterwards by His Letters Patent and that in process of time he made the Election over to others under certain Forms and Conditions as namely that they should at every vacation before they chuse demand of the King Conge d'Eslire that is Leave to proceed to Election and then after the Election to crave His Royal assent c. And he affirms that King John was the first that granted this which was afterward confirmed by Westm 1. cap. 1. and again by Articuli Cleri cap. 2. Congius An ancient Measure of Six Sextaries which is about a Gallon and a Pint. Et reddat quinque Congios celia unum Ydromelli triginta panes cum pertinentibus pulmentariis Carta Edmundi Regis de Anno 946. Conisance See Cognizance Conisor alias Cognizor Recognitâ—r Is used in the passing of Fines for him that acknowledges the Fine and the Conizee is he to whom the Fine is acknowledged Anno 32 Hen. 8. cap. 5. West pa. 1. Symb. lib. 2. sect 49. and Parte 2. tit Fines sect 114. Conjuration Conjuratio Signifies a Plot or Confederacy made by some persons combining themselves together by oath or promise to do some publick harm But it is more especially used for the having personal conference with
21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter
Hillaire prochain venant William Clopton du Counte de Suffolke Esquier pour adunques respondre devant nous ou nostre Lieutenant en la Cour de Chivalrie a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes ad appose le Seel de ces Armes a un faux forge fait as domages du dit Robert de Cl. plus a ce quil dit Remandantz par d'evers nous a dit jour ove icest nostre mandement tout ce que vous en aurez faitz Donne soubz le seel du nostre Office le xxiii jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme Courtilage See Curtilage Couthutlaugh Sax. Couch sciens Utlaugh exlex Is he that willingly receives a Man out-lawed and cherishes or conceals him In which case he was in ancient time subject to the same punishment that the Outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. Cranage Cranagium Is a liberty to use a Crane for drawing up Wares from the Vessels at any Creek of the Sea or Wharff unto the Land and to make profit of it It signifies also the Money paid and taken for the same New Book of Entries fol. 3. Crastino Sancti Uincentii i. the morrow after the Feast of St. Vincent the Martyr which is 22 Januarii Is the date of the Statutes made at Merton Anno 20 Hen. 3. Cravent or Craven In a tryal by Battel upon a Writ of Right the ancient Law was That the Victory should be proclaimed and the vanquished acknowledge his fault in the audience of the people or pronounce the horrid word Cravant in the name of Recreantise c. and presently Judgment was to be given and after this the Recreant should Amittere liberam legem that is He should become infamous c. See 2 Part. Instit fol. 247 248. We retain the word still for a Coward If the Appellant joyn Battel and cry Craven he shall lose liberain legem but if the Appellee cry Craven he shall be hanged 3 Inst fol. 221. Crayer Seems to be a kinde of small Sea-Vessel or Ship mentioned in the Stat. 14 Car. 2. cap. 27. Creansor Creditor of the Fr. Coyance persuasio Signifies him that trusts another with any debt be it in Money or Wares Old Nat. Br. fol. 67. Anno â—8 Edw. 3. cap. 5. Creast-tile See Roof-tile Créek Creca Seems to be a part of a Haven where any thing is landed from the Sea So that when you are out of the main Sea within the Haven look how many Landing places you have so many Creeks may be said to belong to that Haven See Cromp. Jurisd fol. 110. a. This word is mentioned in the Stat. 2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow Casu Ronyger Fogassa Crocards A sort of Money See Pollards Croft Sax Croftus Crofta A little Close or Pitle enclosed near a Dwelling House for any particular use Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus pro se hominibus sive tenentibus suis includere Crofâ—os sive pratum juxia pontem separalitèr quantum illis placuerit Ingulf In some ancient Deeds Crufta occurs as the Latin word for a Croft but Cum Toftis Croftis is most frequent Crosses Cruce signati Are used by Britton cap. 122. for Pilgrims because they wear the sign of the Cross upon their Garments Of these and their Priviledges read Bracton lib. 5. pâ— 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy cap. 49. Under this word are also signified the Knights of S. John of Jerusalem created for the deâ—ence of Pilgrims and all those worthy Men of the Nobility and Gentry of England who in the Reigns of King Henry the Second Richard the First Henry the Third and Edward the First were Cruce signati as dedicating and listing themselves to the Wars for the recovery of Jerusalem and the Holy Land Greg. Syntag. lib. 1â— cap. 13 14. Euekingstool or Cokestool Tumbrella Is an Engin invented for the punishment of Scolds and unquiet Women by Ducking them in the Water called in ancient time a Tumbrel Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella Kitchin cap. Charge in Court Leet fol. 13. a. says Every one having view of Frank-pledge ought to have a Pillory and a Tumbrel This was in use even in our Saxons time by whom it was called Sâ—eal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and described to be Cathedra in qua rixosae mulieres sedentes aquis demergebantur And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws who were thereupon in such a Stool or Chair to be ducked and immerged in Stercore some muddy or stinking Pond Cudutlaugh See Couthutlaugh Cut antè divortium Is a Writ which a Woman divorced from her Husband hath to recover Lands or Tenements from him to whom her Husband did alienate them during the marriage because during the marrige she could not gainsay it Reg. of Writs fol. 233. Fitâ— Nat. Br. fol. 204. Cui in vita Is a Writ of Entry which a Widow hath against him to whom her Husband alienated her Lands or Tenements in his life time which must specifie that During his life she could not withstand it Reg. of Writs fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries verbo Cui in vita Culagium Is when a Ship is laid in the Dock to be repaired M. S. Arth. Trevor Arm. de Plac. Edw. 3. Culvertage Culvertaginm from Culum vertere to turn tail Omnes cum equis armis jussit sub nomine Culvertagii convenire Matth. Paris fol. 233. That is under the penalty of Cowardise or being accounted Cowards See Gloss in x. Scriptores Cunage Cunagium De Cunagio Stanneriae de emptione totius Stanni in Com. Devon Cornub. Rot. Pat. 21 Edw. 3. See Coinage Cuneus A Mint or place to Coyn Money in Mandatum est Reginaldo de Cornhil c. Sciatis quod concessimus venerabili Patri nostro Cicestr Fpiscopo quod habeat Cuneum suum in Civitate Cicestriae quod currat donec nostri in eadem civitate currant tunc una cum illis currat Et ideo vobis praecipimus quod ei vel certo nuncio suo Cuneum illum habere sine dilatione faciatis 〈◊〉 29 Apr. Claus 6 Joh. m. 3. Cuntey-Cuntey Is a kinde of tryal as appears by Bracton in these words Negotium in hoc casu terminabitur per Cuntey-Cuntey sicut inter Cohaeredes And In brevi de recto negotium terminabitur per Cuntey-Cuntey which seems to be as much as the Ordinary Jury Bracton lib. 4. tract 3. cap. 18. Curfeu Ignitegium of the Fr. Couvrir feu i. Cover the Fire Signifies an Evening Peal by which the Conqueror
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Exchequer c. The manner of their Creation is by Girding them with a Sword Cam. pa. 107. but see the Solemnity described more at large in Stowes Annals pa. 1121. Their place is next to a Marquess and before a Viscount Comitatus a Comite dicitur aut vice versa See more on this Subject in Spelmans Gloss verbo Comites and in Seldens Titles of Honour fol. 676. and see Countee Easement Aisiamentum from the French Aise i. commoditas Is a Service or Convenience which one Neighbour has of another by Charter or Prescription without Profit as a Way through his Ground a Sink or such like Kitchin fol. 105. Whioh in the Civil-Law is called Servitus praedii Praecipias R. quod juste sine dilatione permittat habere H. aisimenta sua in Bosco in pastura de villa illa c. Breve Regium vetus apud Glanvil lib. 12. ca. 14. Eberemurder Sax. ebere-mord Apertum Murdrum Was one of those Crimes which by Henry the Firsts Laws ca. 13. Emendari non possunt Hoc ex scelerum genere fuit nullo pretio etiam apud Saxones nostros expiabilium cum alia licuit pecuniis commutare Spelman Ecclesia Lat. Is most used for that place where Almighty God is Served commonly called a Church But Fitz. sayes by this word Ecclesia is meant onely a Parsonage and therefore if a Presentment be made to a Chappel as to a Church by the name Eoclesia this does change the nature of it and makes it presently a Church Nat. Br. 32. When the Question was Whether it were Ecclesia aut Capella pertinens ad matricem Ecclesiam The issue was Whether it had Baptisterium Sepulturam for if it had the Administration of Sacraments and Sepulture it was in Law judged a Church Trin. 20 Edw. 1. in banco Rot. 177. 2 Inst fol. 363. Ecclesiastical Persons Are either Regular or Secular Regular are such as lead a Monastical Life under certain Rules and have Vowed Obedience perpetual Chastity and wilfal Poverty When a Man is Professed in any of the Orders of Religion he is said to be a Man of Religion a Regular or Religious of this sort are Abbots Priors Monks Friers c. Secular are those whose ordinary Conversation is among Men of the World and Profess the Undertaking the Charge of Souls and live not under the Rules of any Religious Order such are Bishops Parish-Priests c. Eele fares alias Eele vare Anno 2. 5. H. 8. The Fry or Brood of Eeles Effractores Lat. Burglars that break open Houses to steal Qui furandi causa domos effringunt vel se 〈◊〉 carcere proripiunt Etiam qui scrinia expoliant MS. Egyptians Aegyptiani Are in our Statutes a Counterfeit kind of Rogues who being English or Welsh People disguise themselves in strange habits smearing their faces and bodies and framing to themselves an unknown Canting Language wander up and down and under pretence of Telling Fortunes Curing Diseases and such like abuse the Common-people by stealing all that is not too hot or too heavy for their carriage Anno 1 2 Phil. Ma. ca. 4. Anno 5 Eliz. ca. 20. These are like those whom the Italians call Cingari Ejectione custodiae Ejectment de gard Is a Writ which lay properly against him that did cast out the Gardian from any Land during the Minority of the Heir Reg. of Writs fol. 162. Fitz. Nat. Br. fol. 139. There are two other Writs not unlike this the one termed Droit de gard or Right of gard the other Ravishment de gard which see in their places Ejectione firmae Is a Writ which lies for the Lessee for years who is ejected before the expiration of his term either by the Lessor or a stranger Reg. of Writs fol. 227. Fitz. Nat. Br. fol. 220. See Quare ejecit infra terminum and New Book of Entries verbo Ejectione firmae Eigne French Aisne Eldest First-born As Bastard eigne mulier puisne Litt. Sect. 399. See Mulier Einecia borrowed of the French Aisne i. Primogenitus signifies Eldership Stat. of Ireland 14 Hen. 3. Of this read Skene verbo Eneya And see Esnecy Eyniciam filiam suam maritare to Marry his eldest Daughter Eire alias Eyre from the old French word Erre i. Iter as a grand erre i. magnis itineribus Signifies the Court of Justices Itinerant For Justices in Eyre are those whom Bracton in many places calls Justiciarios Itinerantes The Eyre of the Forest is the Justice Seat otherwise called which by ancient Custom was held every three years by the Justices of the Forest journying up and down to that purpose Bracton lib. 3. Tract 2. ca. 1 2. Britton ca. 2. Cromp. Jur. fol. 156. Manwood par 1. pa. 121. Read Skene verbo Iter whereby as by many other places you may see great affinity between these two Kingdoms in the Administration of Justice and Government See Justice in Eyre Election Electio Is when a Man is left to his own Free-will to take or do one thing or another which he pleaseth In case an Election be given of two several things he who is the first agent and ought to do the first act shall have the Election As if a man make a Lease rendring a Rent or a Robe the Lessee shall have the Election as being the first agent by payment of the one or delivery of the other Coke on Litt. pa. 144. b. Election de Clerk Electione clerici Is a Writ that lies for the choice of a Clerk assigned to take and make Bonds called Statute-Merchant and is granted out of the Chancery upon suggestion that the Clerk formerly Assigned is gone to dwell in another place or hath impediments to follow that business or not Land sufficient to answer his transgression if he should deal amiss c. Fitz Nat. Br. fol. 164. Elegit from the words in it Elegit sibi liberari Is a Writ Judicial and lies for him that hath recover'd Debt or Damages or upon a Recognizance in any Court against one not able in his Goods to satisfie and directed to the Sheriff commanding him to make delivery of half the Parties Lands and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Br. fol. 152. Reg. of Writs fol. 299 and 301. and the Table of the Reg. Judicial whâ—ch expresseth divers uses of this Writ The Creditor shall hold the Moity of the said Land so delivered to him till his whole Debt and Dammages are satisfy d and during that term he is Tenant by Elegit Westm 2. cap. 18. See Coke on Litt. fol. 289. b. Elk A kind of Ewe to make Bows Anno 33 Hen. 8. ca. 9. Eloine from the French Esloigner to remove banish or send a great way from If such as be within Age be Eloined so that they cannot Sue Personally their next Friends shall be admitted to Sue for them Anno 13 Edw. 1. ca. 15. Elopement Is when a Marryed Woman of her own accord departs from her Husband and lives
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
False Amprisonment Is a Trespass committed against a man by Imprisoning him without lawful cause It is also used for the Writ brought upon this Trespass Fitz. Nat. Br. fol. 86. K. and 88. P. vide Broke and New Book of Entries verbo False Imprisonment False Prophecies See Prophecies False returno brevium Is a Writ lying against the Sheriff for false returning of Writs Reg. judicial fol. 43. b. Falsify Seems to signifie as much as to prove a thing to be false Perkins Dower 383 385. Also to say or do falsly as to falsify or counterfeit the Kings Seal Rex Vic. Lincoln Scias quod dedimus Adae de Essex Clerico nostro pro servicio suo omnes terras tenementa quae fuerunt Will. de Scrubby cujus terrae tenementa sunt excaeta nostra per Feloniam quam fecit de falsificatione Sigilli nostri T. apud Linc. 28. Nou. c. Claus 6 Joh. m. 12. in dorso Familia Pro hida massa manso carucata Donavit terram quinquaginta Familiarum ad construendum Monasterium Beda Hist Eccl. lib. 4 ca. 3. This term Hide is by our Writers sometimes called a Manse sometimes a Family sometimes Carucata or a Plough-land containing as much as one Plough and Oxen could cultivate in one year Cressy's Church-Hist fol. 723. b. Ubi Beda Familiam Saxonicus ejus interpres coaetaneus passim hide redderet Anglo-Normannis Carucata terrae Gloss in x. Script Fanaticks Anno 13 Car. 2. ca. 6. Is used as a general name for Quakers Anabaptists and other dissenters from the Church of England Faonatio or Feonatio from the Fr. Faonner a fawning or bringing forth young as Does do Carta Forestae ca. 8. Farding or Farthing of Gold quasi fourth-thing was a Coin used in ancient times containing in value the fourth part of a Noble viz. xx d. Silver and in weight the sixth part of an Ounce of Gold that is of 5 s. in Silver mention'd 9 H. 5. Stat. 2. cap. 7. thus Item that the King do to be ordained good and just weight of the Noble half-Noble and Farthing of Gold with the rates necessary to the same for every City c. Whereby it plainly appears to have been a Coin as well as the Noble and half-Noble Farandman Sax. Faran to Travel A Merchant-Stranger or Pilgrim to whom by the Lawes of Scotland Justice ought to be done with all expedition that his business or journey be not hinder'd Fardel of Land Fardella terrae Is according to some Authors the fourth part of a Yard-land Yet Noy in his compleat Lawyer pa. 57. sayes Two Fardels of Land make a Nook and four Nooks make a Yard-land Farding deal Sax feord i. quarta del or doele pars alias Farundel of Land Quadrantata terrae Signifies the fourth part of an Acre Crom. Jur. fol. 220. Quadrantata terrae is read in the Reg. of Writs fol. 1. b. where you have also Denariata obolata solidata librata terrae which must probably rise in proportion of quantity from the Fardingdeal as an half-penny penny shilling or pound rise in value Then must Obolata be half an Acre Denariata an Acre Solidata twelve Acres and Librata twelve score Acres yet I find Viginti libratas terrae vel redditus Reg. fol. 94. a. and fol. 248. b. whereby it seems Librata terrae is so much as yields xx s. per annum and Centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitz. Nat. Br. fol. 87. f. Viginti libratas terrae vel reditus which argues it to be so much Lands as twenty shillings per annum See Furlong Others hold Obolata to be but half a Pearch and Denariata a Pearch See Spelmans Gloss verbo Obolata terrae Sciatis me Rogerum de Ichtefeld dedisse Medietatem unius Feorwendel terrae de meo dominio c. Mon. Angl. 2 Pa. fo 913. b. Fare Sax. A voyage or passage or the Money paid for passing by Water Anno 2 3 Ph. Ma. cap. 16. Farley or Farleâ— In the Mannor of West Slapton in Com. Devon if any Tenant die possessed of a Cottage he is by the Custom to pay to the Lord six pence for a Farley Which I suppose may be in Lieu of a Heriot For in some Mannors Westward they distinguish Farleu to be the best good as Hariot is the best Beast payable at the Tenants death Farm From the Sax. Feorme i. Food Reditus est qui in â—locandis praediis Domino elocanti reservatur See Ferm and Spelm. Gloss verbo Firma Farthing of Land Sax. Feorþling Seems to be some great quantity and to differ much from Fardingdeal For I finde in a Survey Book of the Mannor of West Slapton in Devonshire entred thus A. B. holds six Farthings of Land at 126 l. per annum some hold it to be a Yardland See Fardel Fardingdeal and Farding Fat or Uate Is a great Wooden Vessel which among Brewers and Maulsters is used to measure Mault for expedition containing a Quarter Mentioned Stat. 1 Hen. 5. cap. 10. and 11 Hen. 6. cap. 8. It is likewise a Vessel or Pan of Lead for the making of Salt at Droitwich in the County of Worcester whereof the several Owners or Proprietors do claim Estates of Inheritance and Burgesship Fautors Anno 16 Rich. 2. cap. 5. Favorers supporters or maintainers Fealty Fidelitas Fr. Feaulte i. Fides Signifies an Oath taken at the admittance of every Tenant to be true to the Lord of whom he holds his Land And he that holds Land by this onely Oath of Fealty holds in the freest manner because all that have Fee hold per fidem â—iduciam that is by Fealty at the least Smith de Repub. Angl. lib. 3. cap. 8. This Fealty is also used in other Nations as in Lombardy and Burgundy Cassanaeus de consuetud Burgund pag. 419. And indeed as the very first creation of this tenure grew from the love of the Lord towards his Followers so did it bind the Tenant to Fidelity as appears by the whole course of the Feods and the breach thereof is loss of the Fee Hotoman in his Commentaries de verbis Feudalibus shews a Double Fealty one general to be performed by every Subject to his Prince the other special required onely of such as in respect of their Fee are tied by this Oath towards their Land-lords we may read of both in the Grand Custumary of Normandy c. Fealty special is with us performed either by Freemen or by Villains the form of both see Anno 17 Edw. 2. in these words When a Fréeman shall do Fealty to his Lord he shall hold his right hand upon a Book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall ow my Fealty to you for the Land that I hold of you at the terms assigned So help me God and all his Saints When a Uillain shall do Fealty to this Lord he shall hold
detaining or with-holding possession Is a violent act of resistance by strong hand of Men weaponed or other action of fear in the same place or elswhere by which the lawful Entry of Justices or others is bard or hindered West pa. 2. Symbol tit Indictments sect 65. Cromptons Just of Peace fol. 59. Forcible Entry Ingressus manu forti factus Is a violent actual entry into House or Land c. or taking a distress being weaponed whether he offer violence or fear of hurt to any there or furiously drive any out of possession West and Crompton ut supra It is also used for a Writ grounded upon the Stat. 8 Hen. 6. cap. 9. whereof read Fitz. Nat. Br. at large fol. 248. New Book of Entries verbo Forcible Entry and Lamberts Eiren. lib. 2. cap 4. Foreclosed Anno 33 Hen. 8. cap. 39. Barred shut out or excluded for ever 2 Part. Inst fol. 298. Foregoers Were Purveyors otherwise called Going before the King in Progress to provide for Him Anno 36 Edw. 3. cap. 5. Forein Fr. Forain Lat. Forinsecus Is in our Law joyned with divers Substantives in Senses not unworthy the Exposition As Forein Matter that is matter triable in another County Pl. Cor. fol. 154. or matter done in another County Kitchin fol. 126. Forein Plea Is a refusal of the Judge as incompetent because the matter in question is not within his Jurisdiction Kitchin f. 75. Anno 4 Hen. 8. cap. 2. And 22 Ejusdem cap. 2. 14. Forein Answer Is such an Answer as is not triable in the County where it is made 15 Hen. 6. cap. 5. Forein Service Is that whereby a Mean Lord holds over of another without the compass of his own Fee Broke tit Tenures fol. 28 95 251. num 12. 28. Kitchin fol. 209. or else that which a Tenant performs either to his own Lord or to the Lord Paramount out of the Fee Of which Services thus Bracton lib. 2. cap. 16. num 7. Item sunt quaedam servitia quae dicuntur forinseca quamvis sunt in charta de Feoffamento expressa nominata quae ideo dici possunt forinseca quia pertinent ad Dominum Regem non ad Dominum capitalem nisi cum in propria persona profectus fuerit in servitio vel nisi cum pro servitio suo satisfecerit Domino Regi quocunque modo fiunt in certis temporibus cum casus necessitas evenerit varia habent nomina diversa Quandoque enim nominantur forinseca largè sumpto vocabulo quoad servitium Domini Regis quandoque Scutagium quandoque servitium Domini Regis ideo forinsecum dici potest quia sit capitur foris sive extra servitium quod fit Domino capitali Forein Service seems to be Knights-service or Escuage uncertain Perkins Reservation 650. Salvo forinseco servicio Mon. Angl. 2 Par. fol. 637. b. Forein Attachment Is an Attachment of Foreiners Goods found within a Liberty or a City for the satisfaction of some Citizen to whom the Foreiner is indebted At Lempster anciently Leominstre there is the Borough and the Forein which last is within the Jurisdiction of the Mannor but not within the Bailiff of the Boroughs Liberty Forein Opposer or Apposer Forinsecarum Oppositor Is an Officer in the Exchequer to whom all Sheriffs after they are apposed of their sums out of the Pipe Office do repair to be opposed by him of their Green Wax He examines the Sheriffs Estreats with the Record and apposeth the Sheriff what he says to every particular sum therein Practise of the Exchequer fol. 87. See 4 Inst fol. 107. Forera Terra transversalis seu Capitalis A Head-land or as they vulgarly call it Hade-land Uno capite abuttante super Foreram Rogeri Attecastel Carta de Anno 47 Edw. 3. Penes Tho. Wollascot Arm. Forest Foresta Signifies a great or vast Wood Locus silvestris saltuosus Our Law-writers define it to be Locum Ubi ferae inhabitant vel includuntur Others say it is called Foresta quasi Ferarum statio vel tuba mansio ferarum Manwood in his second Part of Forest Laws cap. 1. defines it thus A Forest is a certain Territory of Woody Grounds and Fruitful Pastures priviledged for Wilde Beasts and Fowls of Forest Chase and Warren to rest in and abide in the safe Protection of the King for His Princely delight meered and bounded with unremoveable Marks Meers and Boundaries either known by Matter of Record or Prescription Replenished with Wilde Beasts of Venary or Chase and with great Coverts of Vert for succor of the said Beasts For preservation and continuance of which place with the Vert and Venison there are certain particular Laws Priviledges and Officers belonging onely thereto Its properties are these First A Forest as it is truly and strictly taken cannot be in the hands of any but the King because none hath power to grant Commission to be a Justice in Eyre of the Forest but the King Yet the Abbot of Whitby had a Forest by Grant of Henry the Second and King John with all Officers incident thereto 4 Inst fol. 305. 314. The second property is the Courts as the Justice Seat every three years the Swainmote thrice every year and the Attachment once every forty days The third may be the Officers belonging to it for preservation of the Vert and Venison As first the Justices of the Forest the Warden or Keeper the Verderers the Foresters Agistors Regarders Bailiffs Bedels and such like which see in their places See Manwood p 〈…〉 cap. 1. num 4 5. But the most especial Court of a Forest is the Swain-mote which is no less incident to it then the Court of Pye-Powders to a Fair. If this fail then is there nothing of a Forest remaining but it is turned into the nature of a Chace There are reckoned to be in England Sixty eight Forests For the ascertaining the Meets and Bounds of Forests See Anno 17 Car. 1. cap. 16. Forestagium Et sint quieti de Theoloneo Passagio de Forestagio Theoloneo aquarum viarum Forestam meam contingentium Carta 18 Edw. 1. m. 10. n. 30. Seems to signifie some duty or tribute payable to the Kings Foresters as Chiminage or such like Forestal See Forstal Forester Forestarius Is a Sworn Officer of the Forest appointed by the Kings Letters Patent to walk the Forest both early and late watching both the Vert and the Venison attaching and presenting all Trespassers against them within their own Bayliwick or Walk whose Oath you may see in Crompton fol. 201. And though these Letters Patent are ordinarily granted but quam diu se bene gesserint yet they are granted to some and their heirs who are hereby called Foresters or Fosters in Fee Idem fol. 157 and 159. And Manwood Part. 1. pa. 220. whom in Latin Grompton calls Forastarium Feudi fol. 175. Fore-judging or Forjudging Forjudicatio Signifies a Judgment whereby a Man is deprived
or put by the thing in question Bracton lib. 4. Tract 3. ca. 5. has these words Et non permittas quod A capitalis Dominus Feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So does Kitchin use it fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat. 5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudicatus with Authors of other Nations signifies as much as banished or as Deportatus in the ancient Roman-Law as appears by Vincentius de franchis Descis 102. Forjudged the Court Is when an Officer of any Court is banished or expeld the same for some offence or for not appearing to an Action by Bill filed against him and in the later he is not to be admitted to Officiate till he shall appear to the Bill Anno 2 Hen. 4. ca. 8. He shall lose his Office and be forjudged the Court c. Forjudicare interdum est male judicare Spel. Forfang Forefeng A Sax. fore ante fangen prendere est captio obsoniorum quae in foris aut nundinis ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria Antecaptio Et sint quieti de Wardwite de utlewe Forvenge Withfange c. Carta Hen. 1. Hosp Sancti Barth Lond. An. 1133. Forfeiture Forisfactura comes of the French Forfact i. Scelus but signifies with us rather the effect of transgressing a Penal Law then the transgression it self as forfeiture of Escheats Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus Goods confiscated and goods forfcited differ Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner who has committed some offence whereby he loseth his Goods Confiscate are those that are disavowed by an Offender as not his own nor claimed by any other But Forfeiture is rather more general and Confiscation particular to such as forfeit onely to the Princes Exchequer Full forfeiture plena forisfactura otherwise called plenawita Is a forfeiture of life and member and all else that a man hath Manwood Part. 1. pa. 341. Forfeiture of Marriage Foris factura Maritagii Is a Writ which lay against him who holding by Knights-service and being under age and unmarried refused her whom the Lord offer'd him without his disparagement and married another Fitz. Nat. Br. fol. 141. Reg. of Writs fol. 163. b. Forfeng forefeng Forbenge Quietantiam prioris prisae designat In hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt Fleta lib. 1. ca. 47. See Forfang Forger of false Deeds from the French Forger i. To beat on an Anvil or bring into shape Signifies either him that fraudulently makes and publishes false Writings to the prejudice of any mans right or else the Writ that lies against him who commits this offence Fitz. Nat. Br. fol. 96. b. sayes That a Writ of Deceit lies against him who commits this offence and the penalty of it is declared in the Stat. 5 Eliz. ca. 14. Forlandum Et de duobus Forlandis xvi denarios sc de Forlando Johannis Wauker quod jacet ante terram Ecclesiae viii denarios Mon. Angl. 2 Part. fo 332. Formdon Breve de forma donationis Is a Writ that lies for him who has right to any Lands or Tenements by vertue of any Intail growing from the Stat. of Westm 2. ca. 1. There are three kinds of it viz. Forma Donationis or Formdon in the Descender Formdon in the Reverter and Formdon in the Remainder Formdon in the Descender lies for the recovery of Lands c. given to one and the heirs of his body or to a Man and his Wife and the heirs of their two bodies or to a Man and his Wife being Cosin to the Donor in Frank-Marriage and afterwards alienated by the Donee For after his decease his heir shall have this Writ against the Tenant or Alienee Fitz. Nat. Br. fo 211 217. and 214. makes three sorts of this Formdon in the Descender The first is in the manner now express'd The second for the heir of a Co-parcener that aliens and dies The third he calls Insimul tenuit which lies for a Co-parcner or heir in Gavelkind before partition against him to whom the other Co-parcner or heir has alienated and is dead Formdon in the Reverter lies for the Donor or his heirs where Land is entailed to certain persons and their Issue with condition for want of such issue to revert to the Donor and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Formdon in the Remainder lies where a Man gives Lands in Tayle the Remainder to another in Tayle and afterwards the former Tenant in Tayl dies without issue of his body and a stranger abates then he in Remainder shall have this Writ Reg. of Writs fol. 238. 242. Of this see also the New Book of Entries verbo Formdon and Coke on Litt. fol. 326. b. Fornagium Fr. Fournage Et Dominus Rex proinde amittit per an de exitibus Fornagii sui x. libras Pl. coram Rege ejus Concil in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Tenants bound to Bake in his common Oven as is usual in the North of England or for a permission to use their own also Chimney-Money or Harth-silver See Furnage Fornication Fornicatio Anno 1 Hen. 7. ca. 4. Whoredom the Act of Incontinency in single persons for if either party be Married it is Adultery The first offence herein was punish'd with three Moneths Imprisonment the second was made Felony by a Rump-Act Scobels Collection Anno 1650 ca. 10. SUffex Praeceptum est Vic. quod venire faciat Juratores qui in Assisa Nov. Disseisinae dubium fecerunt Sacramentum tangen quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae non dixerint esse haeredem Et in eo quod dixerint quod Matilda quae fuit mater Agnetae fuit uxor dicti Simonis non dixerunt utrum Patria habebat eam ut uxorem ejus Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Matildam ut uxorem suam dicunt quod nunquam dictam Matildam matrem dictae Agnetae desponsavit Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda per quod compellebatur unum de tribus facere uxorem vel ipsam affidare vel vitam suam amittere vel ipsam Matildam retro osculare ita quod ipse Simon ibidem dedit fidem suam praedictae Matildae matri praedictae Agnetae quod ipsam desponsare debuit sed ipsam nunquam alio modo desponsavit c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit seisin de 1 Messuag c. in
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
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
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. 〈◊〉 Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
if a Feme waved See Exigent Quinzime See Quinsieme Quiteclaim Quieta clamantia Is a Release or Acquitting a Man for any Action that he hath or may have A quitting of ones Claim or Title Bracton lib. 5. tract 5. cap. 9. num 9. and Lib 4. tract 6. cap. 13. num 1. Quit-rent Quietus Redditus Quasi Quiet-rent is a certain small Rent payable yearly by the Tenants of most Mannors which when paid the Tenant is quiet and free till it becomes due again This in some ancient Records is written White-rent because paid in Silver Quod ei Deforceat Is a Writ that lies for the Tenant in Tail Tenant in Dower or Tenant for Life against him that entred or took away their Land recovered or against his Heir See Brook hoc tit Reg. of Writs fol. 171. and Westm 2. cap. 4. Quod Clerici non eligantur in Officio Balivi c. Is a Writ that lies for a Clerk who by reason of some Land he hath is made or like to be made either Bailiff Bedel or Reeve or some such like Officer See Clerico infra sacros c. And Regist of Writs fol. 187. Quod permittat Is a Writ that lies for the heir of him that is disseised of his Common of Pasture against the heir of the Disseisor being dead Briton cap. 8. says This Writ lies for him whose Ancestor died seised of Common of Pasture or other like thing annexed to his Inheritance against the Deforceor See Brook hoc tit and New Book of Entries Quod Clerici beneficiati de Cancellaria Is a Writ to exempt a Clerk of the Chancery from contributing towards the Proctors of the Clergy in Parliament Regist of Writs fol. 261 a. Quod persona nec Prebendarii c. Is a Writ that lies for Spiritual Persons that are distrained in their Spiritual Possessions for the payment of a Fifteenth with the rest of the Parish Fitz. Nat. Br. fol. 176. Quod non permittat See Consuetudinibus Servitiis Quo jure Is a Writ that lies for him who hath Land wherein another challengeth Common of Pasture time out of minde and it is to compel him to shew by what title he so challenges it Fitz. Nat. Br. fol. 128. and Britton cap. 59. at large Quo minus Is a Writ that lies for him who hath a grant of House-bote and Hay-bote in another Mans Woods against the Grantor making such Waste as the Grantee cannot enjoy his Grant Old Nat. Br. fol. 148. and Kitchin fol. 178. This Writ also lieth for the Kings Farmer in the Exchequer against him to whom he sells any thing by way of Bargain touching his Farm or who oweth him any Money or against whom he hath any cause of Personal Action Perkins Grants 5. For he supposeth by the Vendees detaining any due from him he is made less able to pay the King Rent Under which pretence any one who pays the King a Fee-farm Rent may have this Writ against any other person for any debt or damage and bring the Cause to tryal in the Exchequer Quo Warranto Is a Writ that lies against him who usurps any Franchise or Liberty against the King as to have Waiff Stray Fair Market Court-Baron Leet or such like without good Title Old Nat. Br. fol. 149. or else against him that intrudes himself as heir into Land Bracton lib. 4. tract 1. cap. 2. num 3. And 18 Edw. 1. stat 2 3. And 30 Ejusdem See also the New Book of Entries Quorum Is a word often mentioned in our Statutes and much used in Commissions both of Justices of the Peace and others As for example where a Commission is directed to five persons or to any three of them whereof A. B. and C. D. to be two in this Case A. B. and C. D. are said to be of the Quorum because the rest cannot proceed without them So a Justice of the Peace and Quorum is one without whom the rest of the Justices in some cases cannot proceed Anno 3 Hen. 7. cap. 3. And 32 Hen. 8. cap. 43. Quyke Was anciently used for a Live or Quick Beast John Bracebrige of Kinnersbury Esq in his Will dated 7 Hen. 8. Ordained That his best Quyke should be taken in the name of his Mortuary R. RAchetum alias Rachatum from the Fr. Rachater or Racheter i. Redimere Theifbote the Compensation or Redemption of a Theif Nullus capiat Rachetum hoc est Theifbute de Latrocinio 1 Stat. Rob. R. Scot. cap. 9. Rack Fidiculae sic dict quia eis rei in eculeo torquentur ut fides inveniatur An Engin in the Tower with Cords and Strings to extort Confession from Delinquents John Holland Earl of Huntingdon was by King Henry the Sixth created Duke of Exeter Anno 16 H. 6. the King granted to him the Office of Constableship of the Tower He and William de la Poole Duke of Suffolk and others intended to have brought in the Civil Laws For a beginning whereof the Duke of Exeter being Constable of the Tower first brought into the Tower the Rack or Brake allowed in many Cases by the Civil Law and thereupon it was called The Duke of Exeters Daughter because he first brought it thither 3 Inst fol. 35. Rack-vintage Anno 32 Hen. 8. cap. 14. Is a second Vintage or Voyage for Wines by our Merchants into France c. for Rack'd Wines that is Wines drawn from the Lees. from this Voyage our Merchants commonly return about the end of December or beginning of January Rad Knights See Rod Knights Radechenistres i. Liberi homines Domesday tit Leofminstre Lempster Ibi erant 8 Praepositi 8 Bedelli 8 Radechenistres 238 Villani 75 Bordarii c. Radman Domesday tit Herefscire 15 Bordar Praepositus unus Radman c. Seems to be the same with Rod-Knight Rageman Is a Statute so called of Justices assigned by Edward the First and his Council to hear and determine throughout all England all Complaints of Injuries done within five years next before Michaelmas in the Fourth year of His Raign Ragmans-Roll Edward the Third says Sir Richard Baker in his Chronicle fol. 127. surrendered by His Charter all His Title of Soveraignty to the Kingdom of Scotland restored divers Deeds and Instruments of their former Homages and Fealties with the famous Evidence called Ragmans Roll. Ran Sax. Aporta Rapina so open a spoiling a Man as it cannot be denied Hoveden inter ea quae Willielmus prinius constituit in emendationem legum Angliae parte post Hen. 2. Decretum est etiam ibi ut si Francigena appellaverit Anglicum de perjurio aut murdro furto homicidio Ran quod dicunt apertam rapinam quod negari non potest Anglicus se defendet per quod melius voluerit aut judicio ferri aut duello Consonant whereunto it is to this day vulgarly said by one who taketh the Goods of another injuriously and by violence He hath taken all he could Rap and ran rap from
rapio to snatch Range from the Fr. Ranger i. To order array or dispose of Is used in the Forest Laws both as a verb as to range and as a Substantive as to make range Char. de Foresta cap. 6. The Ranger is a sworn Officer of the Forest of which sort there are Twelve Idem cap. 7. whose authority is partly described by his Oath set down by Manwood Par. 1. pag. 50. but more particularly in Par. 2. cap. 20. num 15 16 17. His Office cheifly consists in these three points Ad perambulandum quotidiè per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quam de malefactoribus in Balliva sua ad refugandum feras forestae tam Veneris quam Chaseae de terris deafforestatis in terras afforestatas ad presentandum omnes transgressiones Forestae in terris deafforestatis factas ad proximas Curias illius Forestae tentas This Ranger is made by the Kings Letters Patent and hath a Fee of 20 or 30 l. paid yearly out of the Exchequer and certain Fee-Deer Ransome Redemptio Fr. Rencon Signifies properly the sum paid for redeeming a Captive or Prisoner of War and sometimes a great sum paid for the pardoning some heinous crime Anno 1 Hen. 4. cap. 7. and 11 Hen. 6. cap. 11. When one is to make a Fine and Ransom the Ransom shall be treble to the Fine Cromp. Just of Peace fol. 142. a. And Lamb. Eiren. lib. 4. cap. 16. pag. 556. Horn in his Mirror of Justices makes this difference between Amerciament and Ransom that Ransom is the redemption of a corporal punishment due by Law to any offence Lib. 3. cap. de Amerciament taxable See Coke on Littl. fol. 127. a. Rape Rapus vel Rapa Is a part of a County signifying as much as a Hundred and sometimes Quod plures in se continet Hundredos As all Sussex is divided into six Rapes onely viz. The Rape of Chichester Arundel Brember Lewis Penensey and Hastings every of which besides their Hundreds hath a Castle River and Forest belonging to it Cam. Brit. pag. 225. 229. These parts are in other Counties called Tithings Lathes or Wapentakes Smith de Repub. Angl. lib. 2. cap. 16. Rape Raptus Is when a Man hath carnal knowledge of a Woman by force and against her will But if the Woman conceive it is no Rape for she cannot conceive unless she consent Coke on Littl. lib. 2. cap. 11. sect 190. This offence is Felony in the Principal and his Aiders Anno 13 Rich. 2. stat 2. cap. 1. 11. Hen. 4. cap. 13. 1 Edw. 4. cap. 1. and Westm 2. cap. 13. and shall not be allowed Clergy Anno 18 Eliz. cap. 7. But Fleta says the complaint must be made within forty days else the Woman may not be heard Lib. 3. cap. 5. sect Praeterea And carnal knowledge of a Woman under ten years old is Felony Anno 8 Eliz. cap. 6. Of the diversity of Rapes see Cromptons Justice of Peace fol. 43 44. The offender is called Raptor a Ravisher and in Bractons time he was punished with the loss of his Eyes and Stones Quia calorem stupri induxerunt 3 Inst fol. 60. Rape of the Forest Raptus Forestae Inter delicta numeratur quorum cognitio ad unicum Regem spectat LL. Hen. 1. cap. 10. Violentus concubitus Raptus Forestae Relevationes Baronum suorum c. Trespass committed in the Forest by violence Rapine Rapina To take a thing secretly against the owners will is properly Theft openly or by violence is Rapine Anno 14 Car. 2. cap. 22. and 18 Ejusdem cap. 3. Raptu haeredis Is a Writ lying for the taking away an heir holding in Socage of which there are two sorts one when the heir is married the other when not Of both see Reg. of Writs fol. 163. b. Rase Raseria Toll shall be taken by the Rase and not by the Heap or Cantel Ordinance for Bakers Brewers c. cap. 4. it seems to have been a measure of Corn now disused Debentur ei annuatim decem octo Raseriae avenae sex Raseriae ordei c. Spel. Rate Tythe Is where Sheep or other Cattle are kept in a Parish for less time then a year the owner must pay Tythe for them Pro rata according to the Custom of the place Fitzh Nat. Br. fol. 51. Brook Disms 26. Pro rata dicimus pro proportione vel proportionaliter Lindwood Ratification Ratificatio A ratifying or confirming It is particularly used for the confirmation of a Clerk in a Prebend c. formerly given him by the Bishop c. where the right of Patronage is doubted to be in the King See Reg. os Writs fol. 304. Rationabili parte bonorum Is a Writ that lies for the Wife against the Executors of her Husband denying her the third part of her Husbands goods after Debts and Funeral charges paid Fitzh Nat. Br. fol. 222. who there cites the 18 Chapter of Magna Charta and Glanvile to prove that according to the Common Law of England the goods of the deceased his debts first paid should be divided into three parts whereof his Wife to have one his Children the second and the Executors the third And this Writ lies as well for the Children as for the Wife which appears also by the Reg. of Writs fol. 142. b. Yet it seems to have use onely where the Custom of the Countrey serves for it See the New Book of Entries on this word Rationabilibus divisis Is a Writ that lies where two Lords have their Seigneuries joyning together for him that findes his Waste encroached upon within the memory of Man against the encroacher thereby to rectifie the bounds of their Seigneuries in which respect Fitzherbert calls it in its own nature a Writ of Right The Old Nat. Br. says this may be by Justicies which may be removed by a Pone out of the County to the Common Bench. See Fitz. Nat. Br. fol. 128. Ravishment Raptus Fr. Ravissement i. Direptio raptio Signifies an unlawful taking away either a Woman or an Heir in Ward Sometimes it is also used in one signification with Rape Ravishor Raptor He that deflowres a Woman by violence See the penalty for Ravishing or being Ravished does afterwards consent in the Statute of 6 Rich. 2. cap. 6. See Rape Ray Seems to be a word appropriated to Cloath never coloured or dyed Anno 11 Hen. 4. cap. 6. Worsteds Ray. Anno 17 Rich. 2. cap. 3. Reafforested Is where a Forest hath been disafforested and again made Forest as the Forest of Dean by the Stat. 20 Car. 2. cap. 3. Realty Is an abstract of real and is contradistinguished from Personalty Reasonable Ayd Rationabile auxilium Was a duty which the Lord of the Fee claimed of his Tenants holding by Knights-service or in Soccage to marry his daughter or make his eldest Son a Knight Westm 1. cap. 39. But see the Stat. 12 Car. 2. cap. 24.
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. o◠Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
undergo viz. the Combat or the Country See Atturney Responsions Responsiones Seems to be a word used particularly by the Knights of St. John of Hierusalem for certain accounts made to them by such as held their Lands or Stocks Anno 32 Hen. 8. ca. 24. Restitution Restitutio Is a yielding up or Restoring any thing unlawfully taken from another It is also used for the setting him in possession of Lands or Tenements who had been unlawfully disseised of them which when to be done and when not see Cromp. Just of P. fo 144. usque 149. Restitutione extracti ab Ecclesia Is a writ to restore a Man to the Church which he had recover'd for his Sanctuary being suspected of Felony Reg. of Writs fo 69. a. Restitutione temporalium Is a Writ that lies where a man being elected and confirmed Bishop of any Diocess and has the Kings Royal assent thereto for the recovery of the Temporalties or Barony of the said Bishoprick Which is directed from the King to the Eschaator of the County the form whereof you have in Reg. of Writs fo 294. and in Fitz. Nat. Br. fo 269. Resummons Resummonitio Signifies a second Summons or calling a man to answer an Action where the first Summons is defeated or suspended by any occasion as the death of the party or such like See Brook tit Resummons fo 214. See of these four sorts according to four divers cases in the Table of Reg. of Writs judicial fo 1. and New Book of Entries verb. Reattachment Resummons Resumption Resumptio Is particularly used for the taking again into the Kings hands such Lands or Tenements as before upon false suggestion or other Error he had granted by Letters-Patent to any Man Brook tit Repellance Resumption fo 298. And so it is used Anno 31 Hen. 6. ca. 7. 19 Hen. 7. ca. 10 See Reseiser Retail Anno 3 4 Iid. 6. ca. 21. Qui rem integram ementes per minutiores eam partes distrahâ—bant Anglice to buy by great and sell by Retail i. by parcels Reteiner from Retineo Signifies a Servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but onely wearing his Livery and attending sometimes upon special occasions This Livery was wont to consist of Hats or Hoods Badges and other suites of one Garment by the year and were given by Lords and great Men many times on purpose for maintenance and quarrels and therefore have been justly prohibited by many Statutes as by 1 R. 2. ca. 7. upon pain of Imprisonment and grievous forfeiture to the King And again Anno 16 ejusdem ca. 4. 20 ejusdem ca. 1 2. and 1 Hen. 4. ca. 7. By which the Offenders herein should make Ransom at the Kings will and any Knight or Esquire hereby duely attainted should lose his said Livery and forfeit his Fee for ever c. which Statute is further confirmed and explained Anno 2 Hen. 4. ca. 21. and Anno 7 ejusdem ca. 3. Anno 8 Hen. 6. ca. 4. And yet this offence was so deeply rooted that Edward the Fourth was forc'd to confirm the former Statutes and further to extend the meaning of them as appears by 8 Edw. 4. ca. 2. adding a special pain of five pounds on every man that gives such Livery and as much on every one so reteined either by Writing Oath or Promise for every Moneth These by the Feudists are called Affidati And as our Reteiners are here forbidden so are those Affidats in other Countries But most of the above mentioned Statutes are repealed by 3 Car. 1. ca. 4. Retenementum from Retineo A withholding reteining or keeping back Sine ullo retenemento was a frequent expression in old Deeds Retraxit Is so called because it is the emphatical word in the Entry and is where the Plaintiff or Demandant comes in person alone or with the Defendant into Court and sayes He will proceed no further which is peremptory and a perpetual Barr and may be pleaded as such to the Plaintiff in the same Action for ever Qui semel Actionem renunciavit amplius repetere non potest Coke on Litt. lib. 2. ca. 11. S. 208. where you shall find the difference betwixt Nonsute and Retraxit Return Returna vel retorna From the Fr. retour i. Reditio reversio has two particular applications namely the return of Writs by Sheriffs and other Officers which is a Certificate made to the Court from whence the Writ issued of that which they have done touching the execution of the same Writs Of returns in this signification speaks the Statute of Westm 2. ca. 39. So is the Return of a Commission a Certificate or answer to the Court of that which is done by the Commissioners Sheriff Bailiff or others unto whom such Writs Commissions Praecepts or Mandats are directed Also certain days in every Term are called Returns or Dayes in Bank As Hillary Term has four Returns viz. Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis Easter Term five viz. Quindena Pasche Tres Pasche Mense Pasche Quinque Pasche and Crastino Assensionis Domini Trinity Term four viz. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaelmas Term six Returns viz. Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini See the Statutes of Dayes in Bank Anno 51 Hen. 3. 32 Hen. 8. ca. 21. and 17 Car. 1. ca. 6. The other Application of this word is in case of Replevin for if a man distrain Cattel for Rent c. and afterwards so justifie or avow his act that it is found lawful the Cattel before deliver'd to him that was distrained upon security given to follow the Action shall now be returned to him that distrained them Brook tit Return d'avers hommes fo 218. Returno habendo Is a Writ that lies for him who has avow'd a Distress made of Cattel and proved his Distress to be lawfully taken for the return of the Cattel distreined unto him which before were repl 〈…〉 by the party distreined upon surety given to pursue the Action or when the Plaint or Action is removed by Recordari or Accedas ad Curiam into the Court of Common Pleas and he whose Cattel were distrained makes default and doth not declare or prosecute his Action Returnum Averiorum Is a Writ Judicial and the same with Retorno Habendo granted to one impleaded for taking the Cattel of another and unjust detaining them Contra vadium Plegios and appearing upon Summons is dismissed without day by reason the Plaintiff makes default and doth not declare ut supra and it lies for the return of the Cattle to the Defendant whereby he was summoned or which were taken for security of his appearance upon the Summons Regist of Writs Judic fol. 4. a. Returnum Irreplegiabile Is a Writ Judicial sent out of the Common Pleas to the Sheriff for the final restitution or
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
imaginibus equitum in Sigillis posuerunt Arma sua in parvis Scutis Chron. Joh. Rossi in Bibl. Cotton Sealer Sigillator Is an Officer in the Chancery who is appointed by the Lord Chancellor or Keeper of the Great Seal of England to Seal the Writs and Instruments there made in his presence Seam Sax. See Seme Sean fish Anno 1 Jac. Ses 1. ca. 25. Seems to be that sort of Fish which is taken with a great long Net call'd a Sean Searcher See Alneger Sea-rover Anno 16 Car. 2. ca. 6. See Privateir Second Deliverance Secunda Deliberatione Is a Writ that lies after a return of Cattle replevied adjudged to him that distrained them by reason of a default in the party that replevied for the replevying the same Cattle again upon security put in for the redelivery of them in case the Distress be justified New Book of Entries verbo Replevin in Second Deliverance fol. 522. Vide Dyer fol. 41. num 4 5. Secta ad Curiam Is a Writ that iies against him who refuseth to perform his Sute either to the County or Court Baron Fitz. Nat. Br. fol. 158. Secta facienda per illam quae habet aeniciam partem Is a Writ to compel the Heir that hath the Elders part of the Coheirs to perform service for all the Coparceners Reg. of Writs fol 177. a. Secta Molendini Is a Writ lying against him that used to grind at the Mill of B. and after goes to another Mill with his Corn. Reg. of Writs fol. 153. Fitz. Nat. Br. fol. 122. But it seems by him that this Writ lies especially for the Lord against his Frank-tenant who held of him by making Sute to his Mill. See the New Book of Entries on this word Secta ad Molendinum and Assises of Nusance are now much turned into Trespasses and Actions upon the Case Secta ad justitiam faciendam Bracton lib. 2. cap. 16. num 6. Is a Service which a Man is bound by his Fee to perform Secta Shirarum Per Sectam Shirarum clamat esse quiet de secta in Com. Cestriae Flint coram Justic Domini Principis in Communi Aula placitorum Plac. in Itin. apud Cestriam 14 Hen. 7. Secta unica tantum facienda pro pluribus haereditatibus Is a Writ that lies for that Heir who is distrained by the Lord to more Sutes than one in respect of the Land of divers Heirs descended to him Reg. of Writs fol. 177. 4. Sectis non faciendis Is a Writ that lies for a Woman who for her Dower ought not to perform Sute of Court Reg. of Writs fol. 174. Secunda super oneratione Pasturae Is a Writ that lies where Admeasurement of Pasture hath been made and he that first surcharged the Common does it again notwithstanding the Measurement Reg. of Writs fol. 157. Old Nat. Br. fol. 73. Vide 13 Edw. 1. cap. 8. Secundary Secundarius A Second Officer who is next to the Cheif Officer As the Secundary of the Fine Office Secundary of the Compter who is next to the Sheriff of London in each of the two Compters Secundary of the Office of the Privy Seal Anno 1 Edw. 4. cap. 1. Secundaries of the Pipe two Secundary to the Remembrancers which are two Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quod se non divertat ad partes exteras sine Licentia Regis Is a Writ that lies for the King against any of His Subjects to stay them from going out of His Kingdom The ground whereof is That every Man is bound to serve and defend the Commonwealth as the King shall think meet Fitz. Nat. Br fol. 85. Securitate Pacis Is a Writ that lies for one who is threatned death or danger against him that so threatens and is taken out of the Chancery directed to the Sheriff whereof the form and farther use you may see in Reg. of Writs fol. 88. b. and Fitz. Nat. Br. fol. 79. Se Defendendo Is a Plea for him who is charged with the death of another saying He was forced to what he did in his own defence the other so assaulting him that if he had not done as he did he must have been in danger of his own life Which danger ought to be so great as that it appears to have been otherwise inevitable Stamf. Pl. Cor. lib. 1. cap. 7. And although he justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chancelor and forfeits notwithstanding his Goods to the King Seignior Dominus Fr. Seigneur Signifies generally as much as Lord but particularly it is used for the Lord of the Fee or of a Mannor as Dominus or Senior among the Feudists is he who grants a Fee or Benefit out of the Land to another and the reason is because as Hotoman says having granted the use and profit of the Land to another yet the property i. Dominium directum he still retains in himself Seignior in Gross See Lord in Gross Seignory Dominium Fr. Seigneurie i. Ditio Dominatus c. Signifies a Mannor or Lordship Seignorie de Sokemans Kitchin fol. 80. Seignorie in Gross seems to be the title of him who is not Lord by means of any Mannor but immediately in his own person As Tenure in Capite whereby one held of the King as of His Crown was Seignorie in Gross Idem fol. 206. Seignourage Anno 9 Hen. 5. stat 2. cap. 1. Seems to be a Regality or Prerogative of the King whereby He challengeth allowance of Gold and Silver brought in the Mass to His Exchange to be coyned Seisin Seisina Fr. Scisine Possession and Primier Seisin is the first Possession Seisin is twofold in Fact and in Law Perkins Dower 369 370. Seisin in Fact is When an Actual Possession is taken Seisin in Law is When something is done which the Law accounts a Seisin as an Inrolment Seisin in Law is as much as a right to Lands and Tenements though the owner be by wrong dâ—â—â—eised of them Perkins Tenant pur le Curtesie 457 478. Coke lib. 4. fol. 9. a. Calls it Seisin in Law or Seisin Actual Seisina habenda quia Rex habuit annum diem vastum Is a Writ that lies for Delivery of Seisin to the Lord of his Lands or Tenements who was formerly convict of Felony after the King in right of His Prerogative hath had the Year Day and Waste Reg. of Writs fol. 165. a. Selda From the Sax. Selde a Seat Stool or Settle Assisa Mensurarum Anno 9 Rich. 1. apud Hoveden Prohibemus ne quis mercator praetendat Seldae suae rubros pannos vel nigros vel scuta vel aliqua alia per quae visus emptorum saepe decipiuntur ad bonum pannum eligendum In Majoribus Chronicis ubi locus hic vertitur Selda Window exponitur says Spelman But by what follows it seems clearly to signifie a Shop Shed Standing or Stall Sciant praesentes futuri quod
fol. 78. and Brook tit Severance Summons fol. 238. There is also Severance of the Tenants in an Assise when one two or more Disseisors appear upon the Writ and not the other New Book of Entries fol. 81. And Severance in Attaints eodem fol. 95. And Severance in Debt fol. 220. where two Executors are named Plaintiffs and the one refuseth to prosecute Severance of Corn is the cutting and carrying it from off the Ground and sometimes the setting out the Tythe from the rest of the Corn is called Severance See Crokes Rep. 2 Part fol. 325. Several Tayl Tallium Separatum Is that whereby Land is given and entailed severally to two For example Land is given to two Men and their Wives and to the Heirs of their Bodies begotten the Donees have joynt-estate for their two lives yet they have several inheritance because the issue of the one shall have his moyety and the issue of the other the other moyety Several Tenancy Tenura Separalis Is a Plea or Exception to a Writ that is laid against two as Joynt who are indeed several Brook hoc tit fol. 273. Sewer Severa Sewera Est fossa in locis palustribus ducta ad aquas eliciendas c. A Passage or Gutter to carry Water into the Sea or a River Anno 6 Hen. 6. cap. 5. and 12 Car. 2. cap. 6. And Commissioners of Sewers are such as by authority under the Great Seal see Drains and Ditches well kept and maintained in the Marish and Fen Countreys for the better conveyance of the Water into the Sea and preserving the Grass upon the Land for Food of Cattle See the Statutes 15 Car. 2. cap. 17. and 17 Ejusdem cap. 11. Touching the Draining the Great Level in the Fens called Bedford Level and the authority of the Governor Bailiff c. As Commissioners of Sewers Sextary Sextarius Was an ancient Measure containing about our pint and a half according to the Latin Dictionary the City now Town of Leicester paid inter al. to the King yearly Twenty five Measures called Sextaries of Honey as we read in Domesday And in Claus 4 Edw. 3. m. 26. we finde mention of Tresdecem Sextarios Vini Et unum Sextrium Salis apud Wainflet Mon. Angl. 2 par fol. 849. b. Decem Mittas brasii quatuor Sextarios Avenae ad praebendam Idem 1 par fol. 136. b. Where it seems to have been used for a much greater quantity A Sextary of Ale contained xvi Lagenas See Tolsester Sexagesima See Septuagesima Shack Is a Custom in Norfolk to have Common for Hogs from the end of Harvest till Seed time in all Mens Grounds without control Cokes 7 Rep. fol. 5. Corbets Case And in that County To go at Shack is as much as to go at large Shares See Flotzon Sharping Corn Is a Customary gift of Corn which at every Christmas the Farmers in some parts of England give to their Smith for sharping their Plough Irons Harrow times and such like and exceeds not half a Bushel for a Plough-Land Sherbet Anno 15 Car. 2. cap. 11. Is a Compound Drink lately introduced in England from Turky and Persia and is made of Juyce of Lemmons Sugar and other ingredients Another sort of it is made of Violets Honey Juyce of Raisins c. Sherbert in the Persian Tongue signifies pleasant Liquor Shermans Craft Is a Craft or Occupation at Norwich the Artificers whereof do Shear as well Worsteads Stamins and Fustians as all other Woollen Cloth and mentioned Anno 19 Hen. 7. cap. 17. Shewing Is to be quit of Attachments in any Court and before whomsoever in Plaints shewed and not avowed Terms Ley. See Scavage Shilling Sax. scilling Among our English Saxons consisted but of Five pence Si in capillis sit vulnus longitudinis unius Unciae V. denariis i. uno solido componatur LL. H. 1. c. 39. Ship-money Was an Imposition charged upon the Ports Towns Cities Boroughs and Counties of this Realm in the time of King Charles the First by Writs commonly called Ship-writs under the Great Seal of England in the years 1635. and 1636. for the providing and furnishing certain Ships for the Kings service c. which by Stat. 17 Car. 1. cap. 14. was declared to be contrary to the Laws and Statutes of this Realm the Petition of Right Liberty of the Subjects c. Shipper Anno 1 Jac. sess 1. cap. 33. Is a Dutch word signifying the Master of a Ship We corrupt it into Skipper and use it for any Common Seaman Shire Comitatus From the Saxon Scir or Scyre i. To part or divide Is well known to be a part or portion of this Land called also a County Who first divided this Land into Shires see in Camd. Britan pag. 102. Of which there are in England Forty and in Wales Twelve In privilegiorum Chartis ubi conceditur quietum esse a Shiris intelligendum est de immunitate qua quis eximitur a Secta vel clientela Curiis Vicecomitum quas etiam Shiras â—â—cant prestanda vel perficienda Spel. The Assises of the Shire or the Assembly of the people of a County was called dcir-gemot by the Saxons Shirif or Shiref Vicecomes quasi Shire-reve Sax. scire-gerefa i. Pogi vel Comitatus Praepositus the Cheif Officâ—â— under the King of a Shire or County Camden in his Britan. pag. 104. thus describes his Office SIngulis vero annis Nobilis aliquis ex incolis praeficitur quem Vicecomitem quasi Vicarium Comitis nostra lingua Shyref i. Comitatus Praepositum vocamus Qui etiam Comitatus vel Provinciae Quastor recte dici potest Ejus enim est publicas pecunias Provinciae suae conquirere mulctas irrogatas vel pignoribus ablatis colligere aerario inferre Judicibus praesto adesse eorum mandata exequi duodecim viros cogere qui in causis de facto cognoscunt ad Judices referunt Judices enim apud nos Juris solum non facti sunt Judices condemnatos ad supplicium ducere in minoribus litibus cognoscere in majoribus autem jus dicunt Justiciarii quos Itinerantes ad Assisas vocant qui quot annis hos Comitatus bis adeunt ut de Causis cognoscant Carceratis Sententiam ferant Henricus secundus hos Itinerantes instituit vel potius restituit Ille ut inquit Matth. Paris consilio filii sui Episcoporum constituit Justiciarios per sex partes Regni in qualibet parte tres qui jurarent quod cuilibet jus suum conservarent illaesum Of the Antiquity and Authority of this Officer read Cokes Rep. lib. 4. Mittons Case and Spelmans Glossarium verbo Vicecomes The Shirif was anciently chosen in the County Court by the Suffrages of the People as Knights of Parliament yet are but is now nominated by the the King See Fortescu cap. 24. fol. 53. Vicecomes dicitur quod Vicem Comitis supplet in placitis illis quibus Comes ex suae dignitatis ratione participat cum
violatio hence to go astrey or as we now write it stray i. To go out of the way Strebrech 100 sol omendet Leg. Hen. 1. ca. 81. Strebrech est si quis viam frangat concludendo vel avertendo vel fodiendo MS. Sterling Sterlingum and in old Records Sterilensis Was the ancient Epitheton for money properly of Silver currant in this Realm Stat. of Purveyors ca. 13. and took name from this that there was a certain pure Coyn stamped first in England by the Easterlings or Merchants of East-Germany by the command of King John Accordingly Hoveden writes it Esterling And in several old Deeds I have seen vint livres d'Esterlinges By the Stat. 31 Ed. 1. the Peny which is called the Sterling round and without clipping weighes 32 graines of Wheat well dryed and twenty pence make an ounce and twelve ounces a pound and eight pound a Gallon of Wine and eight Gallons a Bushel which is the eighth part of a Quarter The word Sterling is now much disused in stead of five pound sterling we say five pound of currant or lawful English Money See more of this word in the Sax. dict verbo Steoran Stews or Stues Are those places which were permitted in England to Women of professed incontinency for the profer of their bodies to all comers and is derived from the Fr. Estuves i. Thermae Balneum because wantons are wont to prepare themselves for venereous acts by bathing And that this is not new Homer shews in the eighth Book of his Odyss where he reckons Hot Bathes among the effeminate sort of pleasures See the Statute of 11 Hen. 6. ca. 1. Henry the Eighth about the year 1546 forbad them for ever Steward Senescallus Is compounded of the Sax. Steda i. Room Place or Stead and Ward as much as to say a man appointed in my place or stead and hath many applications yet alwayes signifies an Officer of chief account within his Jurisdiction The greatest of these is the Lord High-Steward of England which was anciently the inheritance of the Earls of Leicester till forfeited to Henry the Third by Simon de Mountfort but the power of this Officer being very great of late he has not usually been appointed for any long time but onely for the dispatch of some special business at the Arraignment of some Noble-man in case of Treason or such like which once ended his Commission expires Of the High-Steward of Englands Court you may read 4 Inst fo 59. Then is there the Steward of the Kings Houshold Anno 24 Hen. 8. ca. 13. whose name was changed to that of Great-Master Anno 32 ejusdem ca. 39. But this Statute was repealed by 1 Mar. 2 Parl. ca. 4. and the Office of Lord Steward of the Kings Houshold revived where you may read much of his Office as also in Fitz. Nat. Br. fo 241. b. Of this Officers ancient power read Fleta lib. 2. ca. 3. This wordis of so great diversity that there is in many Corporations and in all houses of Honour throughout the Realm an Officer of this name and authority What a Steward of a Mannor or Houshold is or ought to be Fleta fully describes lib. 2. ca. 71 72. Though Senescallus be now the usual Latin for Steward yet I have seen a Copy of Court-Roll of Mardyn in Herefordshire 17 Edw. 4. concluding thus Et huic Copiae sigillum Locumtenentis est appensum Stilyard Guild-halda Teutonicorum Anno 19 Hen. 7. ca. 23. 22 Hen. 8. ca. 8. and 32 ejusdem ca. 14. Was a place in London where the fraternity of the Easterling-Merchants otherwise called the Merchants of Hawnse and Almain Anno 1 Edw. 6. ca. 13. had their abode See Geld. It was so called of a broad place or Court wherein Steel was much sold upon which place that House was founded See Hawnse Stoc and Stovel Praeterea si homines de Stanhal dicti Abbatis inventi fuerint in bosco praedicti W. cum forisfacto ad Stoc ad Stovel al. Stovene aliquis quaerens corporaliter in terram per eos seisa fuerit malefacto pro delicto qui taliter inventus est reddet tres solidos Similiter concessum est quod si aliquis inventus fuerit cum branchiis quercuum vel cum aliis minutis boscis cum forisfacto illo ad Stoc ad Stovel malefactor ille reddet sex denarios E quadam Carta conventionum inter Will. de Bray Abbat Conv. de Osiney See Zuche Stockikind See Gavelkind Stotall Also moreover we have granted in amendment of the City that they bin all quit of Bryztchel of Childwit Zeresgen and of Stotall So that no Sheriff of London neither none other Bayly make Stotal in the Francheis aforesaid c. This I find in an old Printed Book which delivers it inter al. As the Charter of Hen. 1. to the City of London but the word is without doubt mistaken for Scotale Stone of wool petra lanae Anno 11 Hen. 7. ca. 4. Ought to weigh fourteen pounds yet in some places by Custom it is more and in some places it is but twelve pounds and a half Le Charre de plumbo constat ex 30 formellis quaelibet formella continet 6 petras exceptis duabus libris quaelibet Petra constat ex 12 libris Compositio de ponderibus A Stone of Wax is eight pound And at London the Stone of Beef is no more See Weights and Sarpler Stovene See Zuche Stowage From the Sax. stow Locus Is the Room or place where Goods are laid or the money that is paid for such place Straits or Streits Anno 18 Hen. 6. cap. 16. and 1 Rich. 3. cap. 8. A sort of narrow Course Cloth or Kersey anoiently so called Stranded from the Sax. Strand i. A Shore or Bank of the Sea or great River Is when a Ship is by tempest or ill steerage run on Ground and so perishes Stat. 17. Car. 1. cap. 14. See Strond Stray i. Si aliquod animal casu erraverit infra libertatem Prioris advenerit a Ballivis ejus captus fuerit ducetur ad Pynfoldam ibi servabitur per unum annum unum diem si nemo illud clamaverit infra illud tempus erit Priori Si autem venerit quis legitime probaverit illud esse suum dabit pro quolibet pede unum denarium solvet expensas quae factae fucrant rehabebit bestiam suam Ex Regi str o Priorat de Cokesford see Estray Stranger Fr. Estrangiâ—r Signifies generally a Man born out of the Realm or unknown but in Law it hath a special signification for him that is not privy or party to an Act As a Stranger to a Judgment Old Nat. Br. fol. 128. is he to whom a Judgment does not belong and herein it is directly contrary to party or privy See Privy Stream-works Anno 27 Hen. 8. cap. 23 Is a kinde of work in the Stanneries Of these Mines or Tinworks says Camden
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
nominant Travelyng-men c. Charta 22 Hen. 6. m. 34. n. 36. Item utimur quod nullus Vagabundus vagetur seu deambulet de nocte in villa seu suburbio ejusdem post pulsationem Campanae nostrae communis vocatae Coverfu Et si aliquis ibidem capiatur post pulsationem dictae Campanae ducatur ad Gaolam Domini Regis ibi morabitur usque in crastinum ut noticia personae suae habeatur emendas faciet ad voluntatem Balivorum Comburgensium per Balivos Capitales liberetur si hoc petat MS. Codex de Legibus Statutis Burgi-villae Mountgomer a tempore Hen. 2. Ualect Ualet or Uadelect Valettus vel valecta Qui juxta dominum vadit seu ministrat Fr Valet A Servitor or Gentleman of the Privy-Chamber according to Cambden In the accounts of the Inner-temple it is used for a Benchers Clerk or Servant The Butlers of the House corruptly call them Varlets In Reg. of Writs 25. b. Valettus If the Sheriff be a Vadelect of the Crown c. Coke on Lit. fo 156. Sciant Quod ego Henricus Comes Lancastriae Leicestr Senescallus Angliae Dendimus Dilecto Valetto nostro Johanni le Blount novem acras terrae cum pertin in Holland in Foresta nostra de Duffeld c. Dat. apud Hegham Ferrers 3 die Junii 5 Ed. 3. Penes Wal. Kirkham Blount Bar. Valet was anciently a name specially denoting young Gentlemen though of great descent or quality but now given to those of the rank of Yeomen Seldens titles of Honour fo 831. Ualue Valentia valor Is a known word but West gives us a nice difference betwixt value and price The value sayes he of those things in which offences are committed is usually comprized in Inditements which seems necessary in Theft to make a difference from petit Larceny and in Trespass to aggravate the fault and increase the Fine But no price of things ferae naturae may be expressed as of Deer Hares c. if they be not in Parks and Warrens which is a liberty Anno 8 Ed. 4. fo 5. nor of Charters of Land And where the number of the things taken are to be express'd in the Inditement as of young Doves in a Dove-house there must be said pretii or ad valentiam but of divers dead things ad valentiam and not pretii Of Coin not current it shall be pretii but of Coin Current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain c. Par. 2. Symbol tit Inditements Sect. 70. V. W. Ualor of Marriage Valore maritagii Was a Writ that lay for the Lord having profer'd Covenable Marriage to the Infant and he refusing it to recover the value of the Marriage Old Nat. Br. fo 90. but taken away by the Statute 12 Car. 2. ca. 24. Uantarius Praecursor As Vantarius Regis the Kings fore-foot-man Richardus Rockesle miles tenebat terras Seatoniae per Scriantiam esse Vantarium Regis in Gascoign donec perusus fuit pari solutarum precii 4 d. i. dum trivisset par calceorum pretii 4 d. Rot. de Finibus Term. Mich. 2 Ed. 2. Uariance From the Fr. Varier i. Alterare Signifies an alteration or change of condition after a thing done As the Commonalty of a Town make a composition with an Abbot and after obtain Bailiffs by grant from the King In this case if the Abbot commence any Sute for breach of the composition he must vary from the word Commonalty set down in the Composition and use Bailiffs and Commonalty Brook tit variance fo 292. It is also used for an alteration of something formerly laid in a Plea See Variance in the New Book of Entries Uarlets By a Repealed Statute of 20 Rich. 2. cap. 2. were used for Yomen or Yomen-servants See Valects and the Statute 3 Car. 1. ca. 4. Will. Hunt Varlet del Chambre nostre Seigneur le Roy. Claus 12 Rich. 2. M. 43. in dorso Uaslet Vaslettus Concordia inter Regem Radulphum de Normanvil viz. quod Rad. tenebit in servitio Regis Geroldum Radulphum milites filios suos quamdiu guerra sua duraverit per sic quod Rex ei remittat CC. Marcas quas debebant Regi Johanni de Fine pro redemptione dicti Geroldi per sic deberetur Thomas filius dicti Radulphi Vaslettus in custodia Regis qui similiter morabatur in servitio Regis cum praedictis Geroldo Radulpho fratribus suis Pat. 1 Hen. 3. in dorso M. 13. It seems here to signifie a Ward See Valect Uassal Vassallus From the Germ. Gessel i. Comes qui mercede servit Signifies him that holds Land in Fee of his Lord we call him more usually a Tenant in Fee whereof some owe fidelity and service and are called vasalli jurati But the word being little used in our Law Books make me waive that enlargement which Cowel makes upon it Uasto Is a Writ that lies for the Heir against the Tenant for life or years for making waste or for him in the reversion or remainder Fitz. Nat. Br. fo 55 See the Statute 6 Ed. 1. ca. 5. Uavasor alias Ualvasor Is one who in dignity is next a Baron Cambd. Brit. pa. 109. Bracton lib. 1. ea 8. sayes thus of them Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur vavasores viri magnae dignitatis vavasor enim nihil melius dici poterit quam vas sortitum ad valetudinem Rex c. Ballivis Petri de Pratellis de Insula Gerse Gernse c. volumus quod Episcopi Abbates Abbatissae Clerici Milites vavassores alii qui redditus tenementa habent in Insula Gersey c. quintam partem reddituum suorum unius anni c. praebeant ad sustentandum milites servientes qui praedictas Insulas defendunt Pat. 5 Joh. M. 7. See more of these in the learned Spelmans Gloss Uavasorie Vavasoria The Lands that a Vavasor held Quod dicitur de Baronia non est observandum in Vavasoria vel aliis minoribus feodis quam Baronia quia caput non habent sicut Baronia Bract. lib. 2. cap. 39. Ueal-Money or Ueal noble Money The Tenants of one of the Tithings within the Mannor of Bradford in Com. Wilts pay a yearly Rent by this name to their Lord the Marquess of Winchester which is in lieu of Veal paid formerly in kinde Uejours Visores from the Fr. Veoir i. Cernere intueri Are those that are sent by the Court to take view of any place in question for the better decision of the right Old Nat. Br. fol. 112. So Bracton uses it Lib. 5. tract 3. cap. 8. It signifies also those that are sent to view such as Essoign themselves De malo lecti whether they are in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. 14. Lastly
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
Parish within the City of London and Suburbs and elswhere who yearly chuse Officers for the Parish and take care of its concernments so called because they usually meet in the Vestry of the Church Uesture Vesturd Signifies a Garment but we turn it Metaphorically to betoken a Possession or an admittance to a Possession or Seisin So is it taken in Westm 2. cap. 25. And in this signification it is borrowed from the Feudists with whom Investitara imports a Delivery of Possession by a Spear or Staff and Vestura Possession it self Hottoman verbo Investitura Vestura terrae i. Segetes quibus terra Vestitur MS. Uesture of an Acre of Land Anno 14 Edw. 1. stat 1. Is the profit of it So in Extenta Manerii 4 Edw. 1. It is inquirable How much the Vesture of an Acre is worth and how much the Land is worth when the Wood is felled Uetitum namium Namium signifies a Taking or Distress and Vetitum forbidden as when the Bailiff of a Lord Distrains Beasts or Goods and the Lord forbids his Bailiff to deliver them when the Sheriff comes to Replevy them and to that end drives them to places unknown or when without any words they are so eloigned as they cannot be replevied Divers Lords of Hundreds and Court Barons have power to hold Plea De Vetito Namio in old Books called De Vet. 2 Inst fol. 140. Sir Henry Spelman says it is Antiqua Juris nostri locutio brevis Regis nomen See Naam Uicario deliberando occasione cujusdam Recognitionis c. Is a Writ that lies for a Spiritual Person imprisoned upon forfeiture of a Recognisance without the Kings Writ Reg. of Writs fol. 147. Uicis venellis Mundandis Is a Writ that lies against a Major or Bailiffs of a Town c. for the clean keeping their Streets Reg. of Writs fol. 267. b. Uicar Vicarius The Priest of every Parish is called Rector unless the Predial Tithes be impropriated and then he is called Vicar Quasi vice fungens Rectoris Sciant quod ego Johannes Webbe perpetuus Vicarius Ecclesiae Parochialis de Bromyord Dedi Domino David Hay perpetuo Vicario Ecclesiae Parochialis de Anenebury duas acras terrae c. Dat. 8 Hen. 5. They stiled themselves Perpetui Vicarii because every Vicaridge hath a constant Succession as a Corporation and never dies The Canonists mention four species of Vicars Quidam sunt perpetui ad Parochiales Ecclesias constituti quidam non perpetui sed ad aliquos actus constituti ut temporales isti dicuntur mercenarii Quidam sunt speciales non ad curam sed ad certum locum articulum vel actum constituti Quidam nec perpetui nec ad curam nec ad certum actum sed generaliter dantur ad omnia See Vocab utriusque Juris verbo Vicarius Uice-Chamberlain called Under-Chamberlain Anno 13 Rich. 2. stat 2. cap. 1. Is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlment of all Officers whatsoever appertaining to that part of his Majesties Houshold which is called the Chamber or above stairs Uicegerent Anno 31 Hen. 8. cap. 10. A Deputy or Lieutenant Uicinage Fr. Voisinage Neighborhood nearness Mag. Char. cap. 14. See Venue Uicinetum See Visne Uicount alias Uiscount Vicecomes Signifies as much as Sheriff Between which two words I finde no other difference but that the one comes from our Conquerors the Normans the other from our Ancestors the Saxons of which see more in Sheriff Vicount also signifies a degree of nobility next to an Earl which Camden Britan. pag. 170. says Is an old name of Office but a new one of dignity never heard of among us till Henry the Sixths dayes who in his eighteenth year in Parliament created John Lord Beaumont Viscount Beaumont but far more ancient in other Countries Cassan de Gloria mundi par 5. consider 55. See Sheriff And Seldens Titles of Honor fo 761. Uicountiels Vicecomitilia Are certain Ferms for which the Sheriff pays a rent to the King and makes what profit he can of them v. Stat. 33. 34 Hen. 8. ca. 16. 2 3 Ed. 6. ca. 4. 4 Hen. 5. ca. 2. Writs Vicountiel are such Writs as are triable in the County or Sheriffs Court Old Nat. Br. fo 109. of which kind you may see divers Writs of Nusance set down by Fitzh in his Nat. Br. fo 184. b. See Anno 6 Rich. 2. ca. 3. Uicountiel Rents Mentioned 22 Car. 2. ca. 6. see Vicountiels Uidimus Anno 15 Hen. 6. ca. 3. See Innotescimus Uiew Fr. Veue i. Visus conspectus Signifies the act of Viewers For when any Action real is brought and the Tenant knows not well what land it is that the Demandant asks then he may pray the view which is that he may see the land which is claimed of this Britton writes ca. 45. This course of proceeding we received from the Normans as appears by the grand Custumary ca. 66. and 80. This view is used as in other cases so in an Assise of rent-service rent charge or rent seck Fitz. Nat. Brev. fo 178. and in a Writ de Curia claudenda Idem fo 128. In a Writ of Nusance idem fo 183. In a Writ Quo jure Idem fo 128. In the Writ de rationabilibus divisis Idem fv 129. And in the Writ de secta ad molendinum Idem fo 123. see the New Book of Entries verbo view and how this view is made in Fleta lib. 4. ca. 6. See Veiours and Westm 2. ca. 48. Uiew of Frankpledge Visus Franci plegii Is the Office which the Sheriff in his County Court or the Bailiff in his Hundred performs in looking to the Kings peace and seeing that every man be in some pledge This is called by Bracton Res quasi sacra quia solam personam Regis respicit introducta pro pace communi utilitate lib. 2. ca. 16. num 8. See Frankpledge Leet Decennier See New Book of Entries on this word Ui laica removendo Is a Writ that lies for the removing a forcible possession of a Benefice kept by Lay-men and is sometimes granted upon the Certificate of the Bishop into the Chancery that there is such a force in his Diocess sometimes onely upon a surmise thereof made by the Ineumbent himself and has a several form for either case Fitz. Nat. Brev. fo 54. Reg. of Writs fo 59 60. Uigil Vigilia Anno 2 3 Ed. 6. ca. 19. is used for the eve or day next before any solemn Feast because then Christians of old were wont to watch fast and pray in their Churches Uill Villa Is taken for a Mannor and sometimes for a Parish or part of it Villa apud Saxones nostros antiquos Romano sensu accipi videtur pro praedio unius alicujus in rure cum idoneis aedibus ad reponendos cjusdem fructus honestato Non autem primitus pro multarum