Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
cap. 3. and by the Canonists is defined to be Administration conjoyned with power and Jurisdiction Diminution IS when the Plaintiff or Defendant in a Writ of Error alledges to the Court that part of the Record remains in the Inferiour Court not certifyed and prays that it be certifyed by Certiorari Co. Ent. 232. 242. 1 Cr. John versus Thomas 2 Cro. 479. 131. Rolls Abridg. 765. 20. Diocesse Diocesse is the Circuit of the Iurisdiction of every Bishop for this Realm hath two kinds of Divisions the one in Shires or Counties in respect of the Temporal politie the other in Diocesses in respect of the Ecclesiastical Iurisdiction Disability DIsabilitie is when a man by any act or thing by himself or his ancestor done or committed or for or by any other cause is disabled or made incapable to do inherit or take benefit or advantage of a thing which otherwise he might have had or done There are many things by which a man may be disabled and those are ordinarily either by the act of the party or his Ancestor or by the act of the Law or of God Disability by the Act of the Ancestor as if a man be attainted of Treason or Felony by this Attainder his blood is corrupt and thereby himself and his children disabled to inherit Disability by the Act of the party himself as if a man makes a Feoffment to another man that then is sole upon condition that he shall infeoff a third man before M. and before M. or the Feoffment made the Feoffee takes a wife he hath by that disabled himself to perform the Condition according to the trust in him reposed and therefore the Feoffor may enter and out him as it is Littl. sect 357. So if the Feoffee charges the Land or enters into a Statute-Staple or Statute-Merchant by these acts he hath disabled himself and therefore the Feoffor may enter as in the former case So if I bind my self that upon Surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion in this case though I afterwards repurchase and get the whole Reversion to me again yet I have forfeited my Obligation because I was once disabled to perform it Co. l. 5 f. 21. Also if a man be excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke l. 8. f. 69. and so in many other cases Disability by act of Law is most properly when a man by the sole act of the Law without any former thing by him done is disabled and so is Alien born And therefore if a man born out of the ligeance of our Lord the King will sue any Action the Tenant or Defendant may say that he was born in such a Country forth of the Kings liegeance and demand judgment if he shall be answered for the Law is our Birth-right to which an Alien is collateral and a stranger and therefore disabled to take any benefit thereby By the act of God as not to be of whole memory is a Disability in some cases and in others not for which it seems this difference may be taken that in all cases where a man of no whole memory gives or passes any thing or Estate out of him this after his death may be disanulled and avoided but where a man Non sanae memoriae doth a thing whereby nothing passes out of him there he may in some special cases be bound as if he be Lessee for years rendring Rent and the Lessor grants the Reversion there the Lessee non sanae memoriae cannot make Attornment for he that is amens or without mind cannot make Attornment which is Agreement and yet in such case if the Lessor ejects him and makes a Feoffment and afterwards the Lessee non sanae memoriae re-enters this act of Re-entry doth subject him to the Distress and Action of Waste And it is a Maxim in Law That a man of full age shall never be received to disable his own person And this incapacity to disable himself as to some persons is personal and extends only to the party himself and as to others it is not personal but shall bind them also There are four manner of Privities scil Privies in Bloud as Heir Privies in Representation as Executors or Administrators Privies in Estate as Donee in tail the Reversion or Remainder in fee c. and Privies in Tenure as the Lord and Tenant and two of these may disable the person of the dead which was non sanae memoriae or c. and shall avoid his Grants or Feoffments and two of them not For Privies in Bloud may shew the Disability of the Ancestor and Privies in Representation the Infirmity of their Testator or Intestate but neither Privy in Estate nor Privy in Tenure can so do Co. l. 4. f. 123 124. See Lit. sect 405. Co. l. 8. fol. 43. Disalt DIsalt signifies as much as to Disable Litleton cap. Discontinuance Disceit DIsceit is a Writ sometime Original and sometime Iudicial When it is Original it lies where any Disceit is done to a man by another by not performance of a Bargain or Promise then he that is in such manner deceived shall have this Writ When it is Judicial it lies where a Scire facias is sued out of any Record against a man and the Sheriff returns that he is warned where he was not or where a Praecipe quod reddat of a Plea or Lands or a Quare Impedit of the Presenting to a Church is sued against one and the Sheriff returns that the Defendant is summoned where he was not by which Disceit and false Return the Demandant or Plaintiff recovers then the party grieved shall have this Writ against him that recovered and against the Summoners and against the Sheriff and the Writ shall be directed to the Coroners of the same County if he continue Sheriff that made the Return So if a man makes an Attorney in an Action real brought against him and afterwards it is agreed by Disceit between the Demandant and the said Attorney that the said Attorney shall make Default who doth so accordingly whereby the Tenant loses his Land then the same Tenant that loses the Land may have a Writ of Disceit against the Attorney Also if a man brings an action of Trespasse against two others and the Plaintiff and an Attorney by Disceit cause two Strangers not parties to the Writ to come into Court and say that they are the same two Defendants named in the Writ and that they appoint the same man to be their Attorney in that Suit whereupon the same Attorney as Attorney to the Defendants named in the Writ pleads to the Issue and after suffers the Enquest to pass by his Default by which means the Plaintiff recovers In this case those that are indeed Defendants may have a Writ of Desceit against the same Attorney and shall recover their dammages Fitzh Nat. Brev. 96. And as the Law
Soccage the Widow is sped of her Dower rather in the Soccage-Lands as the fairest part Of this see Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement is when a man is incorporated into any Society or Body politick So if an Alien born be made Denizon of England he is said to be enfranchised and he that is made a Citizen of London or other Town Corporate because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised And when a man is enfranchised into a City or Borough he hath a Free-hold in his Freedome for his life and with others in their politick capacity hath Inheritance in the Land of the said Corporation wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed and not only an Endeavouring or enterprising whereof he may repent before it be put in execution And what shall be sufficient cause to dis-infranchise a Free-man and what not see Cok. lib. 11. in Bagg's Case fol. 98. Englesherie ENglesherie or Englecerie is an old word which signifies the being an Englishman For in ancient time as appears by Bracton lib. 3. Tract 2. cap. 15. fol. 134. if a man had been slain or murthered he was accounted to be Francigena which word implies every Alien until Englesherie were proved that is until it was made manifest that he was an Enlish-man The original whereof was this Kanotus the Danish King having established his Estate here in peace at the request of our Barons discharged the Land of his Armies wherein he reposed his greatest safety upon this condition That the Barons would give consent to a Law That whosoever should â— ill an Alien and was apprehanded and could not acquit himself should be liable to Iustice â— But if the Man-slaier escayed the Town where the man was slain should forfeit sixty six Marks to the King and if â— he Town was not able to pay it then the Hundred should forfeit and pay this to the King 's own Tteasury and farther That every man murthered should be accounted Francigena unless Englesherie were proved and how it should be proved see Bracton in the same chap. num 7. Also see Horn's Mirrour of Justices l. 1. cap. of the Office of Coroners and Fleta l. 1. c. 30. This Englesherie for the abuses and grievances which were afterwards perceived to arise therefrom was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke l. 7. f. 16. Calvin's Cafe Enheritance ENheritance is such Estate in Lands or Tenements or other things as may be inherited by the Heir whether it be estate in Fee-simple or Tail by Discent from any of his Ancestors or by his own Purchase And it is divided into Enheritance Corporate and Enheritance Incorporate Enheritance Corporate are Mesuages Lands Meadows Pastures Rents and such like that have substance in themselves and may continue always And these are called Corporal things Enheritance Incorporate are Advowsons Villains Ways Commons Courts Fishings and such like that are or may be appendant or appurtenant to Enheritance Incorporate The Eldest part ENitia or Einecia pars is that Part which upon Partition among Coparceners falls to the Eldest Sister or ancientest Coparcener as it appears by Littleton sect 245. And it is called Enitia pars from the French word Eigne or Aisne that is the First-born Enquest ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact And such Inquiry is either ex officio which are called Inquests of Office and are traversable or at the mise of the parties This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors Entendment ENtendment is an usual word in our Law when a thing is in doubt then by Entendment it shall sometimes be made good As if an Inquisition be found before a Coroner that a man was murthered at A. which is a Liberty and is not said in the Inquisition at A within the Liberty of A yet it shall be good by Entendment for peradventure the Liberty may extend beyond the Town but that the Town if self shall be presumed to be out of the Liberty of the Town is a captious construction wherefore the Inquisition shall be good by Entendment Coke l. 5. f. 121. See Kitch f. 224. Enterpleader ENterpleader is when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined For example Two persons be found Heir to Land by two several Offices in one County by this the King is in doubt to whom he shall make Livery for which cause before Livery made he will have them interplead and thereby determine who is the right Heir See Coke l. 7. f. 45. Stam. Prer c. 19. Brooke tit Enterpleader Also there is another sort of Interpleader in Detinue in divers cases which see Rast Entries 213. Entire Tenancie ENtire Tenancie is that which is contrary to Several Tenancy and signifies a Sole possession in one man where the other signifies Ioynt or common in more See Brooke Several Tenancies and the Old Book of Entries under this Title Entrie ENtrie is where a man enters into any Lands or Tenements or takes possession of them Also there are divers Writs of Entry which are in divers manners One is a Writ of Entrie sur Disseisin which lies where a man is disseised he or his Heir shall have this Writ against the Disseisor or any other after Tenant of the Land And if the Disseisor alien and die seised then the Writ of Entrie shall be against the Heir and the Alienee in the Per viz. in which the Tenant hath no Entry but by such a one naming the Disseisor who him hath disseised c. If the Heir or Alienee die seised or alien to another then the Writ shall be in the Per and Cui viz. to which the Tenant hath no Entry but by such a one naming the Heir or Alienee of the Disseisor to whom such a one naming the Disseisor did let it who by force disseised him c. And if Land be conveyed over to many or if the first Disseisor be disseised then the Writ of Entry shall be in the Post viz. that the Tenant hath no Entry but after the Disseisin which the first Disseisor made to the Demandant or his Ancestor See Entre en le Per. Entrie in the Per Cui and Post A Writ of Entrie in the Per lies where a man is disseised of his Free-hold and the Disseisor aliens or dies seised and his Heir enters then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor or against the Alienee of the Disseisor but living the Disseisor he may have an Assise if he will and the Writ of Entry shall say In quod A non habet Ingressum nisi per B qui illud
his Father and he shall have be no other Recovery against the Tenant or any other because such advantage is given by the Law to the Tenant And note that Fealty of common right belongs to Rent service but not to Rent charge nor Rent seck If a man distrain for Rent charge and the Distress be rescued from him and he was never seised before he hath no recovery but by Writ of Rescous for the Distress first taken gives not Seis â— to him unless he had the Rent before for if he were seised of the Rent before and after the Rent be behind and he distrain and Rescous be made he shall have Assise or a Writ of Rescous In every Assise of Rent charge and annual Rent or in a Writ of Annuity it behoves him that brings the Writ to shew an Especialty or else he shall not maintain the Assise But in an Assise of Mortdancestor or Formedon in the discender or other Writs in which Title is given or comprised brought of Rent charge or annual Rent the Especialty need not be shewn And note well that if a man grant a Rent charge to another and the Grantee release to the Grantor parcel of the Rent yet all that Rent is not extinct If Rent charge be granted to two joyntly and the one release yet the other shall have the half of the Rent And if the one purchase the half of the Land whereout the Rent is going the other shall have the half of the Rent of his companion And if the Disseisor charge the Land to a Stranger and the Disseisee bring an Assise and recover the Charge is defeated But if he that hath right charges the Land and a Stranger feign a false Action against him who hath no right and recovers by Default the charge abides In case Partition be between two Parceners and more Land be allowed to one then to the other and she that hath most of the Land charges her Land to the other and she happeth the Rent she shall maintain Assise without Especialty And it is a Rent seck where a man holds of me by Homage Fealty and other Services yielding to me a certain yearly Rent which I grant to another reserving to me the other Services If Rent seck be granted to a man and to his Heirs and the Rent be behind and the Grantor die the Heir may not distrain nor shall recover the arrearages of the time of his Father as it is said before of Rent services And in the same manner it is of Rent charge or annual Rent But in all these Rents the Heir may have for the arrerages in his own time such advantage as his Father had in his life See the Statute 32 H. 8. cap. 37. And note well that in Rent seck if a man be not seised of the Rent and it be behind he is without recovery for that it was his own folly at the beginning when the Rent was granted him or reserved that he took not Seisin of it as a peny or two pence A man may not have a Cessavit per biennium or any other Writ of Entry sur Cessavit for any Rent seck behind by two years but only for Rent service as it appears in the Stat. West 2. cap. 21. It behoves him that sues for Rent seck to shew a Deed to the Tenant cise the Tenant shall not be charged with the Rent except where the Rent seck was Rent service before as in this case Lord Mesne and Tenant and every of them holds of other by Homage and Fealty and the Tenant of the Mesne by 10 s. rent the Lord paramount purchases the Lands or Tenements of the Tenant all the Seigniory of the Mesne but the rent is extinct and for this cause this rent is become Rent seck and the Rent service changed for he may not distrain for this rent and in this case he that demands the rent shall never be charged to shew a Deed. Also in a Writ of Mordint-cestor Ayle or Besayle of rent seck it needs not to shew a Specialty for that these Writs of Possession comprehend a Title within themselves that is to say that the Ancestor was seised of the same rent and centinued his possession in respect of which Seisin the Law supposes that it is also averrable by the Countrey Yet learn for some suppose a necessity to shew forth a Deed because rent seck is a thing against common right as well as rent charge But in Assise of Novel disseisin and in a Writ of Entry sur disseisin brought of Rent seck it is needful to shew forth a Deed for that Rent seck is a thing against Common Right except in the case aforesaid where it was Rent service before and by the act of Law it is become Rent seck And Assise of Novel disseisin and a Writ of Entry sur disseisin contain within them no Title but suppose a Disseisin to be done to the Plaintiff and by the intendment of the Law the Disseisin gives no cause of Averment against common Right but there is a necessity to shew forth a Deed. Repleader REpleader is where the plea of the Plaintiff or Defendant or both are ill or an impertinent Issue joyned then the Court makes void all the Pleas which are ill and awards the Parties to replead Coke Entr. 152. and 221 224. Replevin REplevin is a Writ that lies where a man is distrained for Rent or other thing then he shall have this Writ to the Sheriff to deliver to him the Distress and shall find Surety to pursue his Action and if he pursue it not or if it be found or judged against him then he that tooks the Distress shall have again the Distress which is called the Return of the Beasts and he shall have in such case a Writ called Returno habendo But if the Defendant avow for Rent he may have Iudgment for the value of the Cattel by the Statute of 17 Car. 2. cap. 7. If it be in any Franchise or Bailiwick the party shall have a Replevin of the Sheriff directed to the Bailiff of the same Franchise to deliver them again and he shall find Surety to pursue his Action at the next County And this Replevin may be removed out of the County unto the Common place by Writ of Recordare See more of Replevin in the Title Distress Also see Mich. 2 E. 3. pl. 31. 7 E. 3. 27. pl. 13. the word Plevin where Land was taken out of the Kings hands and are afterwards delivered or replevied out of the Kings hands For which see Stat. 9. 3. cap. 2. The Writ of Homine replegiando lies where a man is in Prison and not by special commandment of the King nor of his Iustices nor for the death of a man nor for the Kings Forest nor for such cause which is not replevisable then he shall have this Writ directed to the Sheriff that he cause him to be replevied This Writ is a Justcies
ustome of the Mannor and the Monstraverunt to discharge them when their Lord distrains them to do other Services than they ought This Writ of Monstraverunt ought to be brought against their Lord and these Tenants hold all by one certain Service and are free Tenants of Ancient Demesne Soccage in base Tenure is where a man holds in Ancient Demesne that may not have the Monstraverunt and for that it is called the base Tenure Sockmans SOckmans are the Tenants in Ancient Demesne that held their Lands by Soccage that is by Service with the Plow and therefore they are called Sockmans which is as much to say as Tenants or men that hold by Service of the Plow or Plow-men For Sok signifies a Plow And these Sockmans or Tenants in Ancient Demesne have many and divers Liberties given and granted them by the Law as well those Tenants that hold of a common person as those that hold of the King in Ancient Demesne as namely to be free from paying Toll in every Market Fair Town and City throughout the whole Realm as well for their Goods and Chartels that they sell to others as for those things that they buy for their Provision And thereupon every of them may sue to have Letters Patents under the Kings Seal directed to his Officers and to the Mayors Bayitffs and other Officers in the Realm to suffer them to be Toll-free to be exempt from Leets and Sheriffs Turns also to be quit of Pontage Murage and Passage as also of Taxes and Tallages granted by Parliament except that the King tax ancient Demesne as he may at his pleasure for some great cause to be free from payments toward the expences of the Knights of the Shire that come to the Parliament And if the Sheriff will distrain them or any of them to be contributary for their Lands in Ancient Demesne then one of them or all as the case requires may sue a Writ directed to the Sheriff commanding him that he do not compel them to be contributary to the expences of the Knights And the same Writ doth command him also that if he have already distrained them therefore that he redeliver the same Distress Also that they ought not to be impannelled nor put in Iuries and Enquests in the Country out of their Mannor or Lordship of Ancient Demesne for the Lands that they held there except that they have other Lands at the Common Law for which they ought to be charged And if the Sheriff do return in Pannels then they may have a Writ directed to him De non ponendis in Assisis Juratis And if he do the contrary there lies an Attachment against him And so it is also if the Bailiffs of Franchises that have return of Writs will return any of the Tenants which hold in Ancient Demesue in Assises or Iuries Sodomy SOdomy in the Indictment for this offence it is said Rem veneream habuit peccatum illud Sodomiticum inter Christianos non nominandum felonice commisit Spoliation SPoliation is a Suit for the Fruits of a Church or for the Church it self it is to be sued in the Spiritual Court and not in the Temporal And this Suit lies for one Incumbent against another where they both claim by one Patron and where the right of the Patronage doth not come in question or debate As if a Parson be created a Bishop and hath dispensation to keep his Benefice and afterward the Patron presents another Incumbent which is instituted and inducted now the Bishop may have against that Incumbent a Spoliation in the Spiritual Court because they claim both by one Patron and the right of the Patronage doth not come in debate and because the other Incumbent came to the possession of the Benefice by the course of the Spiritual Law that is to say by Institution and Induction so that he hath c â— lour to have it and to be Parson by the Spiritual Law for otherwise if he be not instituted and inducted c. Spoliation lies not against him but rather a Writ of Trespass or an Assise of Novel disseisin c. So it is also where a Parson who hath a Plurality doth accept another Benefice by reason whereof the Patron presents another Clerk who is instituted and inducted now the one of them may have Spoliation against the other and then shall come in debate whether he has a sufficiene Plurality or not And so it is of Deprivation c. The same law is where one saith to the Patron that his Clerk is dead whereupon he presents another there the first Incumbent who was supposed to be dead may have a Spoliation against the other And so it is in divers other like cases whereof see Fitz. Natura Br. f. 36. G. c. Stablestand STablestand is a term of the Forrest Laws when one is sound standing in the Forrest with his Bow bent ready to shoot at any Deer or with his Grey-hounds in a Lease ready to slip See Manw. Forest Laws cap. 18. fol. 133. b. Stallage STallage signifies money paid for pitching Stalls in Fairs or Markets or the right of doing it Standard STandard See Estandard Stannary STannary are Courts by ancient custom held in Cornwal for suits concerning the Trade of Tin Statute-Merchant TO hold by Statute-Merchant is where a man acknowledges to pay mony to another at a certain day before the Mayor Bailif or other Warden of any Town that hath power to make execution of the same Statute and if the Obligor pay not the Debt at the day and nothing of his Goods Lands or Tenements may be found within the Ward of the Mayor or Warden aforesaid but in other places without then the Recognisee shall sue the Recognisance and Obligation with a Certification to the Chancery under the Kings Seal and he shall have out of the Chancery a Capias to the Sheriff of the County where he is to take him and to put him in prison if he be not a Clerk till he have made satisfaction for the Debt And one quarter of a year after he is taken he shall have his Land delivered to himself to make gree to the party for the Debt and he may sell his Land while he is in prison and his sale shall be good And if he do not make satisfaction within a quarter of a year or if it be returned that he is not found and if he be not a Clerk then the Recognisee may have a Writ out of the Chancery called Extendi facias directed to any Sheriff to extend his Lands and Goods and to deliver the Goods to him and to scise him in his Lands to hold them to him his Heirs and Assigns till the Debt be levied or payed and for that tune he is Tenant by Statute-Merchant Note that in a Statute-Merchant the Recognisee shall have Execution of all the Lands which the Recognisor had the day of the Recognisance made and any time after by force of the
pur ceo que ascun Devorce dissolve le Matrimonie cest adire a vinculo Matrimonii bastard le issue barre le feme de Dower ascun a mensa thoro le quel ne dissolve le Matrimonie ne barre le feme de Dower ne bastard le issue Devorce est Judgment spiritual pur ceo sil soit cause covient estre reverse en le Spiritual Court. Veies Cok. lib. 7. Kenne's Case Si feme Copiholder de certeine Terre durante viduitate sua solonque le Custome del ManÌ„or emblea le Terre devant le severance des Emblements prist baron ore le Seigniour avera l' Emblements nemy le baron Mes si Lease soit fait al baron feme durant le Coverture le baron emblea le Terre puis ils sont devorce causa Praecontractus le baron avera les Emblements nemy le Lessor Dicker DIcker est un parol use en l' Statute 1 Jacobi cap. 22. signifie le quantitie des Dize Hides de Cuir Et semble de vener del Greeke parol Decas que signifie Dize Diem clausit extremum DIem clausit extremum est un Brief que gist lou le Tenant le Roy que tient en Chief morust donque cest Brief serrÌ„ direct al Escheator d' enquirer de quel Estate il fuit seisie que est prochein Heire de quel age de la certaintie value del Terre de que c ' est tenus cel InquisitioÌ„ serra returne en le Chancerie est communement appel Le Office apres le mort del tiel person Et est auter Brief de Diem clausit extremum agard hors del Exchequer apres mort del un Accomptant ou Dettor al Roy a levier le Dett de son Heire Executor Administrators terres ou biens Dies datus DIes datus est un Respite done al Tenant ou Defendant devant le Court Brook Tit. Continuance Dieta rationabilis DIeta ranionabilis est ascun foits use pur le Reasonable Journey 〈◊〉 un jour coÌ„e Bra. l. 3. part 2. c. 16. Il ad eÌ„ le Civile Ley auters interpretations qÌ„ ne besoigne destre cy insert Veies Vocab utriusque Juris Dieu son act DIeu de son act ceux sont parols plusors foits use eÌ„ nostre Ley la est uÌ„ MaximÌ„ Que le Act de Dieu serra prejud ce a nulluy Et pur ceo si Meason eschiust per Tempest ou auter Act de Dieu le Lessee pÌ„ vie ou pur ans non solemÌ„t serra quit en Action de Waste port vers luy mes ad ê‘ le Ley uÌ„ special interest a pÌ„nder l' merismÌ„ pÌ„ edifier l' Meason arerÌ„ sil voit pÌ„ son habitat ' Co. li. 4. 63. lib 11. 82. a. En mesmÌ„ le manner quant le Condition dun Obligation estoya sur deux parts eÌ„ le disjunctive ambideux sont possible al temps del Obligation fait puis lun de eux deveigne impossible per le Act de Dieu le Obligor nest tenus a ê‘former l'auter part car le condition serra prise beneficialment pur luy Cok. lib. 5. 22. Dignitie Ecclesiastical DIgnitie Ecclesiastical est un phrase de parlance use en l' Stat. de 26 H. 8. c. 3. per les Canonists est define destrÌ„ Administratio cum Jurisdictione potestate aliqua conjuncta Diminution EST quant le Plaintiff ou Defendant en un breif d Error allege al Court qÌ„ part del Record remaine en l' Inferiour Court nient certifie prie qÌ„ ceo serra certifie ê‘ Cerciorari Co. Ent. 232 242. 1 Cro. John versus Thomas 2 Cr. 479 131. Rolls Abridg. 765 20. Diocesse DIocesse est le Circuit del Jurisdiction de chescun Evesque car est Royalme ad deux sorts de Divisions l' un en Shires on Counties en respect del Temporal policy l'aut ' en Diocesses en respect del JurisdictioÌ„ Ecclesiastical Disabilitie DIsabilitie est quaÌ„t hoÌ„e per asc ' chose ou act ê‘ luy mÌ„ ou son ancestor fait ou coÌ„mit ou ê‘ asc ' aut ' cause est disabbe ou fait incapable a fairÌ„ de inheriter ou de prender benefit ou advantage d' uÌ„ chose que auterment il puit aver doÌ„e ou fait La sont plusors choses per queux hoÌ„e poit estre disable ceux sont communemeÌ„t ou ê‘ le act del Partie ou son Ancestor ou ê‘ l'act del Ley ou de Dieu Disabilitie per act del Ancestor coÌ„e si home soit attaint de Treason ou Felonie ê‘ cest Attainder son sangue est corrupt ê‘ ceo luy mesme ses issues disable d' inherit ' Disabilitie per le act del Partie mesme come si uÌ„ home fait Feoffment al aut ' home qÌ„ adonque est sole sur condition qÌ„ il enseofferÌ„ un tierce home devant M. devaÌ„t M. ou le FeoffmÌ„t fait le Feoffee prist feme il ad per ceo luy disable de performer le Condition accordant al trust en luy repose pÌ„ ceo le Feoffor poit enter luy ousta come est Lit. sect 357. Issint si le Feoffee charge le Terre ou enter en Statute-Staple ou Statute-Merchaut ê‘ ceux acts il ad luy mesme disable le Feoffor pÌ„ ceo poit enter come en le primÌ„ case Issint si jeo moy oblige qÌ„ sur Surrender â— un Lease jeo voile faire un novel Estate al Lessee puis jeo gran â— a ouster mon Reversion en ceo case comÌ„t que jeo en apres ceo repurchase acquire tout le Reversion a moy arere uncore jeo aye forfeit mon Obligat ' pÌ„ c ' qÌ„ jeo fuy un foits disable de ceo ê‘forme Cok. l. 5. f. 21. Aux ' si hoÌ„e soit excomÌ„enge il ne poit durant ceo temps suer asc ' Action mes serra per ceo disable Co. l. 8. f. 69. issint en plusors auters cases Disabilitie per act del Ley est puis ê“permÌ„t quant hoÌ„e per le sole act del Ley sans ascun original ou primÌ„ chose per luy fait est disable issint est Alien nee Et pur ceo si home nee hors de la liegeance de nostre Seignior le Roy voile suer asc ' Action le Tenant ou Defendant poit dire qÌ„ il fuit nee en tiel Pays hors de la liegeance le Roy demand judgment sil serra respondue car le Ley est nrÌ„e Birthright a qÌ„ un Alien est collateral estrang ' pÌ„ ceo disable pur prender ascuÌ„ benefit ê‘ ceo Per le Act de Dieu come destre Non compos mentis est un Disabilitie eÌ„ asc ' cases en asc ' nemy pÌ„ qÌ„ semble que cesÌ„t difference poit estrÌ„ prise que
ad billam Quel est use lou le Defendant doit plede ascun matters queux ne poient estre plede puis general Imparlance Encheson ENcheson est un ê‘ol Francois mult use eÌ„ les Livres de nrÌ„e Ley coÌ„e eÌ„ le Statute 50 E. 3. cap. 3. signifie tant come Occasion cause ou reason pur que ascun chose est fait Issint est use ê‘ Stamford lib. 1. cap. 12. en son description dun Deodand Encrochment ENcrochment venust â— l parol Franco â— s Acrocher id est Apprehendere Et signifie un Illoyal gainer sur le droit ou possessioÌ„â— un aut ' Et issint un Rent est dit estrÌ„ encroch qnÌ„t le SnÌ„r per coercion del Distres â— e ou auterment compel le Tenant pur paier plus Rent que besoigne ou que doit Veies Bucknal's Case 9 Rep. fol. 33. Issint quant home mist son Hay ou Mure en le terre son vicine que gist prochein a luy il est dit pur incrocher sur luy Enditement ENditement venust del Francois Enditer id est Indicare Et est un Bill ou Declaration in forme del Ley exhibit ê‘ voy del AccusatioÌ„ vers hoÌ„e pur ascun Offence ou criminal ou penall preferre as Jurors per lour Verdict trove presentus destre voyer devant uÌ„ Judge ou Officer que ad poyar de punier ou certifier l' Offence Endowment ENdowment Dotatio signifie propermÌ„t le Doner ou assurer del Dower al femÌ„ Mes est ascun foits use ê‘ un Metaphor pur le Mitter hors ou severance dun suffieient part ou portion al un Vicar pur son perpetual maintenance quant le Benefice est approprie Et issint est use en les Statutes 15 R. 2. cap. 6. 4 H. 4. cap. 12. Endowment de la pluis belle part ENdowment de la c. est quant un home morust seise de ascun Terres tien en Chivalry de auters eÌ„ Soccage la Vidue est accoÌ„mode de soÌ„ Dower eÌ„ les TrÌ„s tiem en Soccage come le pluis belle part Veies Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement est quant hoÌ„e est eÌ„corporate eÌ„ ascun Societie ou Corps politiqÌ„ Issint si Alien nee soit fait Denison â— Angleterre il est dit destre enfranchise cestuy qÌ„ est fait un Citizen de Londres ou aut ' Ville Corporate pur ceo que il est fait ê‘nour de ceux Franchises queux appent al Corporation en que il est enfranchise Et quaÌ„nt home est enfranchise eÌ„ un Citie ou Borough il ad Frank-tenement en son Freedom pur son vie ove auters en lour politique capacitie ad Enheritance en les Terres del dit Corporation pur que le matter que serra cause 〈◊〉 son Dis-infranchisement covient estre un Act ou fait nemy Conation ou enterprise dont il poit repent devant l'Execu â— ion â— ceo Et que serra sufficient cause de dis-infranchiser un Frank home que nemy veies Cok. lib. 11. en Bagg's Case fol. 98. Englesherie ENglesherie ou Englecerie est un veil parol qÌ„ riens aut ' imply forsque destrÌ„ uÌ„ home Anglois Car en auncieÌ„nt teÌ„ps come appiert ê‘ Bracton lib. 3. Tract 2. cap. 15. fol. 134. si uÌ„ home ad este tue ou murdre il fuit account destrÌ„ Francigena quel ê‘ol emplia chesc ' Alien jesque Englesherie fuit prove ceo est jesque il fuit fait manifest que il fuit un home Anglois Le commencement de quel fuit tiel Kanutus le Roy des Danes ayant establie son Estate cy en peace al prier de nostre Barons discharga le Terre de ses Armies en que il reposa son greinder safetie sur cest condition Que les Barons voilent doner consent a un Lev Que quecunque tuera un Alien fuit attache ne puit luy mesmÌ„ acquiter serroit subject al Justice Mes si le Homicide escap â— le Ville ou le home fuit 〈◊〉 forfeitera 66. Merques al Roy si le Ville ne fuit able de ceo paier donque le Hundred forfeitera paiera ceo al Trea ure le Roy ouster Que chescun home murdre serroit account Francigena sinon que Englesherie fuit prove coment il serroit ê“ve veies Bracton eÌ„ mesme le chap. num 7. Aux ' veies Horn's Mirrour de Justices l. 1. cap. Ä‘l Office del Coroner Fleta l. 1. c. 30. Cest Englisherie pÌ„ les abuses torts qÌ„ fueroÌ„t enapÌ„s ê‘ceive a surÄ‘ Ä‘ ceo fuit tout ousterment abolish ê‘ Statute Anno 14. E. 3. c. 4. Veies Coke l. 7. f. 16. Calvins Case Enheritance ENheritance est tiel Estate en TrÌ„es ou TenemÌ„ts ou autres choses qÌ„ poeÌ„t estre inherit ê‘ le Heir soit ceo d'Estate eÌ„ Fee-simple ou Taile ê‘ DisceÌ„t d'asc ' Ä‘ ses Ancest ' ou ê‘ son Purchase demesne Et est divide en Enheritance Corporate Enheritance Incorporate Enheritance Corporate sont Mesuages Terres Prees Pastures Rents tiels semblables que ont substance en eux mesmes point continuer tout temps Et ceux sont appel choses Corporal Enheritance Incorporate soÌ„t Advowsons Velleines Ways ComÌ„ons Courts Piscaries tiels seÌ„blables qÌ„ soÌ„nt ou poient estrÌ„ ap ê‘endant ou appurtenaÌ„t al Enheritance Iocorporate Enitia pars ENitia aut Einecia pars est ceo Part que sur Partition enter Coparceners eschue al eigne Soer ou eigne Coparcener coÌ„e appiert ê‘ Littleton sect 245. Est appeile Enitia pars del parol Francois Eigne ou Aisne id est Primogenitus Enquest ENquest est ceo Inquirie qÌ„ est fait ê‘ Jurors en touts Causes civil ou criminal touchant le matter en Fait Et tiel Enquest est ascun foits ex officio queux font appells Enquests 〈◊〉 Office sont traversable ascun foits ex prece partium Cest parol est use en les Statutes de 25 E. 3. c. 3. 28 E. 3. c. 13. fere en touts Statutes queux parlont des Trials per Jurors Entendment ENtendment est un common parol en nrÌ„e Ley quant ascun chose est en aurust donque ê‘ Entendment il serra ascun foits fait bone Come si InquisitioÌ„ soit trove devant le Coroner qÌ„ un â— oÌ„e fuit murdre al A qÌ„ est un Franchise nest dit en le Inquisition al A deins le Franchise de A uncore ceo serra bone ê‘ Extendment car ê‘adventure le Franchise poit exten â— ouster le Ville mes qÌ„ le Ville mesmÌ„ serra presume destre hors del Franchise â— l Ville est uÌ„ captious construction pÌ„ qÌ„ l'Inquisition serra bone per EntendmÌ„t Coke l. 5. f. 121. Veies Kitch f. 224. Enterpleader ENterpleader est quant en ascun
fuit determine Secundum consuetudinem Manerii l' Monstraverunt pur eux discharge quant lour SnÌ„r eux distreine pur faire auter Services que duissent Cest Breif d' Monstraverunt doit estre port envers lour SnÌ„r ceux Tenants teignent touts per un certaine Service sont franke Tenants de Ancient Demesne Soccage en base Tenure est lou home tient en Ancient Demesne que ne poit aver le Monstraverunt pur ceo il est appel le base Tenure Sockmans SOckmans sont les Tenants eÌ„ AncieÌ„t Demesne queux tient lour Terres ê‘ Soccage cest adire ê‘ Service â— l Carue pÌ„ ceo ils sont appelle Sockmans que est tant adire come TenaÌ„ts ou homes queux tient per Service del Carue ou hoÌ„es del Carue Car Sok signifie un Carue Et ceux Sockmaus ou Tenants en Ancient Demesne ont plusors divers Liberties done grant a eux ê‘ l' Ley cybien ceux Tenants qÌ„ux tient de un coÌ„mon person come ceux qÌ„ux tient del Roy eÌ„ Ancient Demesne come nosmement destre quite de payer Toll en chescun Market Fair Ville Citie per tout le Royalme cybien pÌ„ lour Biens Chattels que ils vende as auters come pur ceux choses que ils achateront pÌ„ lour provision Et sur ceo chescun de eux poit suer de aver Letters Patents desouth le Seale le Roy directe a ses Officers al Maiors Bailiffs auters Officers en le Royalme de suffer eux destre quit de Tolle destre exempt del Leers 〈◊〉 Turns de Vic' item destre quit de Pontage Murage Passage auxy de Taxes Tallages grant per Parliament s â—â— on que l' Roy taxe Ancient Demesne come il poit a son pleasure pur grand cause destre quit de payment a les expences del Chivalers del Shire queux vient al Parliament Et si le Viscount voil distreyner eux â— ou ascun de eux destre contributorie pur lour Terres en Ancient Demeine donques l' un de eux ou touts come le case require poir suer un Brief directe al Viscount luy commanda â— t que il ne compelle eux destre co tributories al expences de Chivalers Et m â— sme le Brief luy command auxy que si il ad distrain eux pur ceo que il redeliver mÌ„ le Distresse Item que ils ne deveront estre impannel ne mis en Juries Enquests en le Pays h â— rs de lour Mannor ou Seigniory de Ancient Demesne pÌ„ les Terres queux ils teigne la s â— non que ils out auters Terres al Common Ley pur queux ils deveront estre charge Et si le Viscount retourne eux en Pannels donques ils poyent aver un Brief direct a luy De non ponendis in Assisis Juratis Et sil face al contrary y gist Attachment envers luy Et issint est auxy si les Bailiffs des Franchises queux ont Retorn des Briefs voile returne ascun del Tenants queux reigne en Ancient Demesne en Assises ou Juries Sodomy SOdomy en le Indictment pÌ„ ceo offence est dit Rem veneream habuit peccatum illud Sodomiticum inter Christianos non nominandum felonice commisit Spoliation SPoliation est un Suit pÌ„ les Fruits dun Esglise ou pur le Esglise mesmÌ„ est destre sue en le Spiritual Court nemy en le Temporal Et cest Suit gist pur un Encumbent envers un auter lou i â— s ambideux claime per un Patron lou le droit del Patronage ne vient en question ou debate CoÌ„e si un Parson soit cree uÌ„ Evesque ad dispensation de tenÌ„ son Rectorie puis l' Patron ê‘sent aut ' EncumbeÌ„t qÌ„ est institute induct ore Evesque poit aver envers cestuy EncumbeÌ„t un Spoliatiâ—n en le Spiritual Court pur ceo que ils ambideux claime ê‘ un Patron le droit del Patronage ne vieÌ„t en debate pÌ„ ceo qÌ„ le auter Encumbent vient al possession del Benefice per le course del Ley Spiritual cestascavoir per Institution Induction issint que il ad colour de aver ceo destre Parson ê‘ le Spiritual Ley car anterment sil ne soit institute induct c. Spoliation ne gist envers luy mes pluistost un Brief de Trespass ou un Assise de Novel disseisin c. Issint auxy est lou un Parson que ad Pluralitie accept auter Benefice per reason de que le Patron present un aut ' Clerk a que est institute induct ore le un de eux poit aver Spoliation envers le auter donques viendra en debate si il ad un sufficient Pluralitie ou non Et issint est de Deprivation c. Mesme le ley est ou un dit a le Patron que son Clerke est mort sur que il present un auter la le primer Encumbent que fuit surmise destre mort poit aver un Spoliation envers le auter Et issint en divers auters seÌ„blables cases de ques veies Fitz. Nat. Br. fo 36. â— c. Stablestand STablestand est un terme del Forrest Leys quant un est trove esteant en le Forrest ove son Arc tend prist de escocher al un Dame ou ovesque ses Levriers en un Lesse prist de glisser Veies Manw. For. Leys Ca. 18. fo 133. b. Stallage STallage signifie argent pay pur pitching Stalles in Nundinis Mercat ' ou le droit de ceo faisant Standard STandard Veies Estandard Stannary STannary sont Courts ê‘ ancient Custom teigne en Cornwal pÌ„ suits concernant le Trade de Tin Statute-Merchant TEner per Statute-Merchant est lou hoÌ„e conust a payer deniers a un auter a certain jour devant l' Maior Bailiff ou auter Gardein de ascun Ville que ad poyar de faire execution de mesme le Statute si le Obligor ne pay a le Det a le jour rien de ses Biens Terres ou Tenements ne purront estre troves deins le Gard le Maior ou Gardein avantdit mes en auters lieux dehors donques le Recognisee suera le Recognisance Obligation ove un Certification a la Chancerie desouth le Seale le Roy il avera hors de la Chancerie un Capias al Viscount del County lou il est de luy prender mitter luy en prison si il ne soit Clerke tanque il ad fait gree de la Dette Et un quarter de le an apres ceo que il serra prise il avera sa Terre deliver a luy mesme pur faire gree a le partie de le Dette il poit vender sa Terre tanque il est en prison