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A28468 Nomo-lexikon, a law-dictionary interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern lawes : with references to the several statutes, records, registers, law-books, charters, ancient deeds, and manuscripts, wherein the words are used : and etymologies, where they properly occur / by Thomas Blount of the Inner Temple, Esq. Blount, Thomas, 1618-1679. 1670 (1670) Wing B3340; ESTC R19028 517,540 312

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Mixta quae dicitur Actio Hirciscundae locum habet inter eos qni communem habent haereditatem c. See Coke on Littl. fol. 262. b. Action is also according to the Form of the Writ divided into such as are conceived to recover either the simple value of the thing chalenged or the double trebble or quadruple As a Decies tantum lies against Embracers Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both parties And to be short any other Action upon a Statute that punishes any offence by Restitution or Fine proportionable to the Transgression Action is Pre-judicial otherwise termed Preparatory or else Principal Pre-judicial is that which grows from some question or doubt in the Principal As if a Man sue his younger Brother for Land descended from his Father and it is objected he is a Bastard Bracton lib 3. cap. 4. Numb 6. This point of Bastardy must be tryed before the cause can further proceed and therefore is termed Pre-judicialis quia prius judicanda Action is either Ancestrel or Personal Stamf. Pl. Cor. 59. Ancestrel seems to be that which we have by some right descending from our Ancestor and Personal which has beginning in and from our selves There is also Action Ancestrel Droiturel and Action Ancestrel Possessary which see in Cokes 2 Inst fol. 291. Action upon the Case actio super casum is a general Action given for redress of wrongs done to any Man without force and by Law not especially provided for and is now most in use For where you have any occasion of Suite that neither has a fit name nor certain Form already prescribed there the Clerks of the Chancery in ancient time conceived a sit Form of Action for the thing in question which the Civilians call Actionem in Factum and we Action upon the Case Action upon the Statute actio super Statutum is an Action brought against a Man upon an offence against a Statute whereby an Action is given and lay not before As where one commits Perjury to the prejudice of another he who is endamaged shall have a Writ upon the Statute and his Cause And the difference between an Action upon the Statute and Action Popular is Where the Statute gives the Suite or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where Authority is given by the Statute to every one that will so sue that is termed Action Popular Action is Perpetual or Temporal Perpetua vel Temporalis and that is called Perpetual whose force is by no time determined Of which sort were all Civil Actions among the Ancient Romans viz. Such as grew from Laws Decrees of the Senate or Constitutions of the Emperors whereas Actions granted by the Pretor died within the year So we have in England Perpetual and Temporary Actions and I think all may be called Perpetual that are not expresly limited As divers Statutes give Actions so they be pursued within the time by them prescribed namely the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed and no longer And the Statute of 7 Hen. 8. cap. 3. doth the like for four years and that of 31 Eliz. cap. 5. for one year and no more But as by the Civil Law no Actions were at the last so perpetual but that by time they might be prescribed against So in our Law though Actions may be called Perpetual in comparison of those that are expresly limited by Statute yet is there a means to prescribe against Real Actions after five years by a Fine levied or a Recovery suffered as you may see in the words Fine Recovery and Limitation of Assize Action of a Writ is a term used when one pleads some matter by which he shews the Plaintiff had no cause to have the Writ he brought yet it may be he might have another Writ or Action for the same matter Such a Plea is called A Plea to the Action of the Writ Whereas if by the Plea it should appear That the Plaintiff has no cause to have an Action for the thing demanded then it is called A Plea to the Action Cowel Acts of Parliament are Positive Laws which consist of two parts viz. Of the words of the Act and the sence of it and they both joyned together make the Law Acton-Burnel a Statute so called made 13 Edw 1. An. 1285. Ordaining the Statute Merchant for Recovery of Debts and was so termed because made at Acton-Burnel a Castle anciently of the Burnels afterward of the Lovels in Shropshire Actuary actuarius is the Scribe that Registers the Acts and Constitutions of the Convocation Addition additio signifies A Title given to a Man over and above his Christian and Sirname shewing his Estate Degree Mystery Trade Place of dwelling c. Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are those we call names of Dignity as Knight Lord Earl Marquess and Duke Additions of Mystery are Scrivener Painter Mason c. Addition of Town as Dale Thorp and such like And where a Man hath houshold in two places he shall be said to dwell in both of them so that his Addition in either may suffice By the Statute of 1 Hen 5. cap. 5. It was ordained That in Suits or Actions where Proces of Outlary lies such Additions should be to the name of the Defendant to shew his Estate Mystery and place where he dwells and that the Writs not having such Additions shall abate if the Defendant take exception thereto but not by the Office of the Court. And this was ordained to the intent that one Man might not be vexed or troubled by the Outlary of another but by reason of the certain Addition every person may bear his own burden See 2 Part. Institut fol. 595. 666. And the Statute 27 Eliz. cap. 7. Addoubors See Redoubors Adeling or Ethling from the Sax. Æðelan i. nobilis Was a Title of Honor among the Angles properly appertaining to the Successor of the Crown For King Edward being himself without issue and intending to make Eadgar to whom he was great Uncle by the Mothers side his heir to this Kingdom called him Adeling Hoveden parte poster Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept cap. ante-penult See more of this word in Spelmans Glossarium Adjournment from the Fr. adjournement Is when any Court is dissolved for the present or put off and assigned to be kept again at another day or place Adjournment in Eyre Anno 25 Edw. 3. Statute of Purveyers cap. 18. Is an appointment of a day when the Justices in Eyre mean to sit again And in 2 Edw. 3. cap. 11. Adjournment has the like signification See Prorogue Adjudication adjudicatio A giving by Judgment a Sentence or Decree An. 16 17 Car. 2. cap. 10. Ad inquirendum is a Writ
sayes that for a Lord of the Parliament to depart from the Parliament without the Kings licence is neither Treason nor Felony but Trespass But it is most commonly used for that wrong or dammage which is done by one private man to another or to the King in his Forest In which signification it is of two sorts Trespass-general otherwise termed vi armis and Trespass-special otherwise called Trespass upon the Case which seems to be without force howbeit sometimes they are confounded In an Action of Trespass the Plaintiff alwayes sues for Damages or the value of the hurt done him by the Defendant See Brokes Abridg. Tit. Trespass There is also Trespass local and Trespass transitory Trespass local is that which is so annexed to a place certain that if the Defendant joyn issue upon the place and traverse the place onely by saying absque hoc that he did the Trespass in the place mentioned in the Declaration and aver it it is enough to defeat the action Trespass transitory is that which cannot be defeated by the Defendants travense of the place because the place is not material but Actions of Trespass quare Clausum frogi● ought to be local Bracton lib. 4. ca. 34. num 6. divides transgressionem in majorem minor●m See also New Book of Entries verbo Trespass Trespassants Fr. Passengers so Britton uses it ca. 29. Trial Triatio Is used for the examination of all causes Civil or Criminal before a Judge according to the Laws of our Realm of which there are divers kinds as Matters of Fact shall be tryed by the Jurors Matters of Law by the Justices Matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tryed without any Oath by his Peers upon their Honors and Allegiance but in appeal at the Suit of any Subject they shall be try'd per bonos legales homines If ancient Demeasne be pleaded of a Mannor and deny'd this shall be try'd by the Record of Domesday Bastardy Excommengement lawfulness of Marriage and other Ecclesiastical matters shall be try'd by the Bishops Certificate Of the ancient manner of Trials by Combat and great Assize see Combat and Assise See Stamf. pl. Cor. lib. 2. ca. 1 2 3. And Twelve Men. Triatio est exactissima litis contestatae coram Judice per duodecemvirale sacramentum exagitatio Pat. 3. R. Joh. m. 3. in fidelitate Leulini Statuitur de triatione differentiarum dicti Leulini c. Tribuch Trebuchet Terbichetum A Tumbrel Cuckingstole or Gogingstole Haec omnia concedimus deo Ecclesiae Sancti Albani cum Soca Sacca on Stronde Streme on Wude Feld Toll Teym Tribuch Hamsoken Murdre Forestal Danegeld Infangenthef Utfangenthef Flemenefremthe Blodwite Wreck c. Carta Joh. Regis Dat. 11 Junii Anno 1 Regni Trihing or Trithing Sax. Trihinga contains three or four Hundreds or the third part of a Shire or Province Also a Court held within that Circuit which was the same we now call a Court-leet which is above a Court-Baron and inferior to the County Court Breve de Atturnato de loquelis c. Regist 266. Provisum est quod quilibet liber homo libere possit facere Atturnatum suum ad loquelas suas prosequendas defendendas motas in Trithyngis Comitatibus Wapentachiis aliis Curiis sine breve nostro Sur le Statute de Merton ca. 10. Fiat autem visus de Franciplegio sic viz. quod pax nostra teneatur quod Trithinga sit integra sicut esse consuevit c. Mag. Char. ca. 36. See Fleta lib. 2. ca. 61. Origin Jurid fo 26. See Lath. Et volo quod dicti Monachi sint quieti soluti ab omni scotto Geldo auxiliis vicecomitum Hydagio a secta in Schiris wapuntachis Hundredis Trithingis omnimodis aliis Curiis saeculi oneribus universis Carta Eadredi Regis Anno 948. Abb. Monachis Croiland Trinity-house Is a kind of Colledge at Debtford belonging to a Company or Corporation of Seafaring Men who have power by the Kings Charter to take knowledge of those that destroy Sea-marks and to redress their doings as also to correct the faults of Saylors c. and to take care of divers other things belonging to Navigation and the Seas Anno 8 Eliz. ca. 13. Trink Is a kind of Fishing-net or an Engin to catch fish Anno 2 Hen. 6. ca. 15. Cokes 12 Rep. fo 89. Mich. 9. Jac. Triours Are such who are chosen by the Court to examin whether a Challenge made to the Panel or any of them be just or no. Brook tit Challenge fo 122. and Old Nat. Br. fo 158. Trista In quo Rex cum caeteris superior constitisset secundum legem venandi quam vulgus Tristam vocant singulis proceribus cum suis canibus singula loca delegat ut obsessa undique bestia ubicunque eligeret exitum inveniret exitium c. Decem Scriptores fo 367. Servitium vel Officium plane sapit fiducia mixtum Origo in fallor a nostratium Trust Gloss in x. Script See Tristris Tristris Tristis Trista from Traist i. Trust Is an immunity whereby a Man is freed from his attendance on the Lord of a Forest when he is dispos'd to ch●se within the Forest and shall not be compel●d to hold a dog follow the chase nor stand at a place appointed which otherwise he might be under pain of amercement Manw. par 1. pa. 86. Et sint quieti c. de chevagio Honde-peny Buckstal Tristris de omnibus misericurdiis c. Privileg de Semplingham 4 Inst fo 306. Thrithing Trithingum In the Statute of Merton ca. 10. signifies a Court consisting of three or four Hundreds 2 Inst fo 99. See Trihing Tronage Tronagium Is Custom or Toll taken for weighing Wooll Fleta lib. 2. ca. 12. Sect. Item ulnas sayes that Trona is a Beam to Weigh with mentioned in West 2. ca. 25. Tronator from Trona i. Statera An Officer in the City of London who weighs the Wool that is brought thither See his Oath in the Book of Oathes fo 231. Trover Fr. Trouver i. Invenire Is the name of an action which a man hath against one who having found any of his Goods refuseth to deliver them upon demand See New Book of Entries verbo Trover Actions of detinue are of late much turned into Actions upon the Case sur Trover Conversion Preface to Rolls Abridgment Troy-weight Pondus Troiae See Weight Trug. Tres Trugge frumenti vel avenae faciunt 2 Bushels infra Prebendam de Hunderton in Ecclesia Heref. MS. de temp E. 3. And at Lempster at this day the Vicar has Trug Corn allow'd him for Officiating at some Chappels of ease as Stoke and Dorklay within that Parish Haply it may come from the Sax. Trog which signifies a great hollow Vessel or Trough Tumbrel Tumbrellum turbichetum Is an engine of punishment which ought to
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
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. 〈◊〉 praedict● 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 Collationi● Was a Writ that ●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 Dis●●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 Ha●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 Bag● 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 conveni● inter praedictum Robertum Johannem quod praedictus Johannes vendidit praedict● 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 s●●undum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti
Taille de Bois is a cloven peece of Wood to nick up an account upon For in the Stat. 10 Edw. 1. cap. 11. it is termed a Tail and so in Brooks Abridg. tit Tail d'Exchequer fol. 247. Tailes Talliae Are in these days called Tallies explicated before Of these we read in our Statutes two sorts long used in the Exchequer The one Tailes of Debt Anno 1 Rich. 2. cap. 5. which are a kinde of Acquittance for Debt paid to the King For example the University of Cambridge pays yearly 10 l. for such things as are by their Charter granted them in Fee-farm 5 l. at the Annunciation and 5 l. at Michaelmas He that pays these receives at each day a Tail or Talley for his discharge with both which or notes of them he repairs to the Clerk of the Pipes Office and there in stead of them receives an Acquittance in Parchment for his full discharge The other Tails of Reward mentioned Anno 27 Hen. 8. cap. 11. and in other Statutes which seem to be Tails or Tallies of allowances or recompence made to Sheriffs for such Matters as to their charge they have performed in their Office or for such Moneys as they by course have cast upon them in their accounts but cannot levy c. See Anno 2 3 Edw. 6. cap. 4. There are also Tallies of Debt used among Subjects Et si creditor habeat Talleam oportet creditorem probare illam per convicinos suos vel per alios per quorum fidelitatem Balivi alii praesentes illo tempore in Curia noticiam habere possunt si Creditor petat debitum per vocem suam simplicem tunc debitor potest esse ad suam legem manifestatam MS. Codex de LL. Statutis c. Burgivillae Mountgomer a Temp. Hen. 2. Tailage See Tallage Taint Attinctus Fr. Teinct i. Infectus Tinctus Signifies either a Conviction or a person convict of Felony or Treason c. See Attaint Tales a Latin word of known signification Is used for a supply of Men impannelled on a Jury or Enquest and not appearing or at their appearance challenged by either party as not indifferent in which case the Judge upon motion grants a supply to be made by the Sheriff of one or more such there present equal in reputation to those that were empannelled Whereupon the very act of supplying is called a Tales de Circumstantibus But he that hath had one Tales either upon default or challenge may not have another to contain so many as the former For the first Tales must be under the principal Pannel except in a Cause of Appeal and so every Tales less then other until the number be made up of such as are without exception Yet you may finde some exceptions to this general Rule in Stamf. Pl. Cor. lib. 3. cap. 5. These commonly called Tales may in some sort and indeed are called Meliores viz. When the whole Jury is challenged as appears by Brook tit Octo tales auter tales fol. 105. Tales Is also the name of a Book in the Kings Bench Office Coke lib. 4. fol. 93. b. Of such Jury-men as were of the Tales Tallage Tallagium From the Fr. Taille which originally signifies a peece cut out of the whole and metaphorically a share of a Mans substance paid by way of Tribute Toll or Tax Stat. De Tallagio non concedendo Tempore Edw. 1. And Stows Annals pag. 445. Thence comes Tailaigiers in Chawoer for Tax or Toll-gatherers See Subsidy These Tallages were anciently called Cuttings which word is still retained in Ireland in a not much different sense Tallage says Sir Edward Coke is a general word and includes all Taxes 2 Instit fol. 532. Talleys See Tailes Talsbide or Talwood Taliatura Is Fire-wood cleft and cut into Billets of a certain length Anno 34 35 Hen. 8. cap. 3. and An. 7 Edw. 6. cap. 7. Every Talshide marked one being round bodied shall contain sixtéen inches of Assise in compass c. Anno 43 Eliz cap. 14. Tangier An ancient City of Barbary lying within the Kingdom of Fesse and distant from the Streights about Thirty Miles mentioned in the Statute of 15 Car. 2 cap. 7. And is now part of the Dominion belonging to the Crown of England Tanistry Is a Law Tenure or Custom in some parts of Ireland of which thus Sir John Davies in his Reports fol. 28. b. Quant ascun person morust seisie des ascuns Castles Mannors terres ou tenements del nature tenure de Tanistry que donques mesme les Castles c. doent descender de temps dont memory ne court ont use de descender Seniori dignissimo viro sanguinis cognominis de tiel person issint morant seisie que le file ou le files de tiel person issint morant seisie de touts temps avantdit ne fueront inheritables de tiels terres ou tenements ou de ascum part de eux The name seems to be derived a Thanis See Sir James Wares Antiquitates Hibernia pag. 38. Tappa See Bosinnus Tare and Tret The first is the weight of Box Straw Cloaths c. wherein Goods are packed The other is a consideration allowed in the weight for wast in emptying and reselling the Goods Book of Rates Tasels Is a kinde of hard Bur used by Cloathiers and Cloath-workers in the dressing of Cloth Anno 4 Edw. 4. cap. 1. Tassum A Mow or Heap from the Fr. Tasser to heap or pile up Commissio facta fuit Roberto Hadham ad vendend blada alia bona diversarum Abbatiarum alienigenarum qui venit cognovit quod vendidit blada Prioris de Tickford in garbis in duabus Tassis existen pro 10 l. c. Hill 25 Edw. 3. Coram Rege Rot. 13. Tax Taxa from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quod non solum ordinem sed modum ratione temperatum significat atque ob id etiam taxationem tributum unde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dicuntur qui tributum imponunt Was such a Tribute as being certainly rated on every Town was wont to be yearly paid but now not without consent in Parliament as the Subsidy is And it differs from Subsidy in this that it is always certain according as it is set down in the Exchequer Book and levied in general of every Town and not particularly of every Man It is also called a Fifteenth Anno 14 Edw. 3. stat 1. cap. 20. and 9 Hen. 4. cap. 7. It seems that in ancient time this Tax was imposed by the King at His pleasure but Edward the First bound Himself and His Successors from that time forward not to Levy it but by consent of the Realm Anno 25 Edw. 1. cap. 5. See Gild Subsidy and Fifteenth Taxatio bladorum An Imposition on Corn. Taxers Two Officers yearly chosen in Cambridge to see the true gage of all Weights and Measures The name took beginning from Taxing or Rating the Rents of Houses which