Mines fol. 322. a. to be received in a sute before issue joyned upon an ayde prier Idem casu Dutchy of Lancaster fol 221. b. to be never in nonage codem f. 218. b. that a man indicted may not wage battel with him Idem casu nimes fol. 335. b. that no man upon any right may enter upon him being in possession but must be put to sute Dyer f. 139. nu 33 to seise the lands of his tenents that alienate without license Plowd casu Mines fol. 322. a. that no subject may wage his law against him Broke chose in action 9 Coke lib. 4. fol. 93. to present in the right of the youngest coparcener being his ward before the elder Plowd casu Mines fol. 332. b. fol. 333. a. that a benefice by institution is not full against him Coke Digbies c. f. 79. a. not to find pledges for the persecuting of any action For he cannot be amerced Fitzh na br f. 31. F. fo 47. C. To sue in what Court he will Fitz. na b. f. 7. B. 32. E. To sue the writ Ne adm ttas after 6 months Reg. or f. 31. a. That a mans villain having remained in his ancient demesn by the space of a year may not be recovered by the writ de nativo habendo Fitzh nat br fol. 79. A. To grant an office with the habendam post mortem alterius Dyer fol. 295. nu 1. to shorten the ordinary time of summons being 15 daies in writ of right Brit. ca. 121. To give what honour or place he listeth to his subjects anno 31 H. 8. cap. 10. To be owner of a forest See Forest To have free warren See Warren Not to be owted of his freehold Cromptons justice of peace fol. 59. b. et 16. a. To araign a man being both a Traitor and a Felon rather upon the Treason than upon the Felony because he may have the whole Escheats idem eodem fol. 99. a. To warrant the day of appearance to his subject being in his service and summoned to appear at a day certain Fitzh nat br fol. 17. a. Divers of these and many others did belong fisco imperatorum which you may find in the Digest de jure fisci et Co. lib. 10. tit 1. Besides these also many moe may be observed to belong unto our King out of the laws which I leave to their collection which are of longer reading and more painfull industry Prerogative of the Archbishop of Canterbury or York prerogativa Archiepiscopi Cantuariensis seu Eboracensis is an especial preeminence that these Sees have in certain cases above ordinary Bishops within their Provinces And that of the Archbishop of Canterbury principally consisteth of these points First in the confirmation of all elections made of Bishops by the Dean and Chapter of all Cathedral Churches as also the consecration of them Next in a power of visiting his whole Province of assembling Synods of supplying the defects and negligences of inferiour Bishops of receiving appeals from their Courts of assigning coadjutors to those Bishops that grow weak and insufficient to discharge their function of appointing Vicars general to those that have either none or an insufficient man employed in that office and of dispensing in all Ecclesiastical cases wherein the laws bear dispensation of taking oath of every Bishop at his confirmation to perform canonical obedience unto the See of Canterbury But these seem to belong unto him by an ordinary Archiepiscopal authority Certain other things there be that appertain unto him more than ordinarily to other Archbishops as the original calling of any person in any cause belonging to spiritual jurisdiction out of any part of his Province though not appealed But this point is now limited by the Statute made anno 23 H. 8. cap. 9. The receiving of an appeal from the lowest Judge Ecclesiastical within his Province immediately The appointing of a Keeper or Guardian of the spiritualties during the vacancy of any Bishoprick By which means all Episcopal rites of the Diocess for that time do belong unto him as Visitation Institution to benefices and such like The visitation of every Dioces within his province when and in what order it pleaseth him As also of all other privileged Churches The probat of Testaments and granting of Administrations in case where the party deceased hath goods of any considerable value out of the Diocess wherein he dyeth And that value is ordinarily five pounds except it be otherwise by composition between the said Archbishop and some other Bishop as in the Diocess of London it is ten pounds The probat of every Bishops Testament or the administration of his goods dying intestate though not having any goods chattels or debts without the compass of his own jurisdiction The bestowing of any one dignity or Prebend in any Cathedral church upon the creation of a new Bishop that himself thinketh good to make choice of There may be more particulars of this prerogative that I know not but these may be sufficient to express the thing that I desire to declare Who so desireth to read these more more at large and other privileges of this Church in temporal matters may resort to the book intituled De antiquitate Britannicae Ecclesia nominatim de privilegiis Ecclesiae Cantuariensis historia and especially to the eighth chapter of the said book pa. 25. Prerogative Court curia Praerogativa Archiepiscopi Cantuariensis is the Court wherein all Wills be proved and all Administrations taken that belong to the Archbishop by his prerogative which see in Prerogative And if any contention do grow between two or more touching any such Will or Administration the cause is properly debated and determined in this Court The Judge of this court is called Judex Curia praerogativâ— Cantuariensis The Archbishop of York hath also the like power and court which is termed his Exchequer but far inferiour to this in countenance and profit Prescription praescriptio is a course or use of any thing for a time beyond the memory of man as the exposition of the Law terms doth define it Kitchin fol. 104. saith thus Prescription is when for continuance of time whereof there groweth no memory a particular person hath particular right against another particular person And custom is where by continuance of time beyond memomory divers persons have gotten a right with whom agreeth Sir Edward Coke lib. 4. fol. 32. a. And usage is by continuance of time the efficient cause of them both and the life of both prescription and custome Thus saith Kitchin But as in the Civil law so I think likewise in the common Prescription may be in a shorter time As for example where the Statute anno 1 H. 8. cap. 9. saith that all actions popular must be sued within three years after the offence committed and the Statute anno 7 ejusdem cap. 3. That four years being past after the offence committed in one case and one year in another no sute can be commenced
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of 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 Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that 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 marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
portionis is a Writ that lyeth for a joint renent or renent in Common that is distreyned for more rent than the proportion of the Land commeth unto Reg. orig fol. 182. b. OP Open Law Lex manifesta Lex apparens is making of Law which by Magna Charta cap. 28. Bayliffs may not put men unto upon their own bare assertions except they have Witnesses to prove their imputation OR Orchel anno 1 R. 3. cap. 8. Orchall anno 24 H. 8. cap. 2. anno 3 4 Ed. 6. cap. 2. seemetst to be all one with Cork Ordinance of the Forest Ordinatio Forestae is a Statute made touching Forest causes in the 34 year of Edward 1. See Assise Ordinary Ordinarius though in the Civil law whence the word is taken it doth signifie any Judge that hath authority to take knowledge of Causes in his own right as he is a Magistrate and not by deputation yet in our Common law it is most commonly and for ought I remember alway taken for him that hath ordinary jurisdiction in causes Ecclesiastical See Brook hoc titulo Linwood in cap. exterior titulo de Constitutionibus verbo Ordinarii saith quòd Ordinarius habet locum principaliter in Episcopo et aliis superioribus qui soli sunt universales in suis ju isdictionibus sed sunt sub eo aliâ—ordinarii hii viz. quibus competit jurisdictio ordinaria de jure privilegio vgl consuetudine c. v. c. Ordinatione contra servientes is a Writ that lyeth against a Servant for leaving his Master against the Statute Register original fol. 189. Ordel Ordalium is a Saxon word signifying as much as Judgement in some mens opinions compounded of two Saxon words or a privative as a in Greek and dael 1. pars It signifieth as much as expers but it is artificially used for a kind of purgation practised in antient times whereby the party purged was judged expers criminis called in the Canon law purgatio vulgaris and utterly condemned There were of this two sorts one by fire another by water Of these see M. Lamberd in his explication of Saxon words verbo Ordalium where he expresseth it at large with such superstitions as were used in it Of this you may like wise read Holinshed in his description of Britain fol. 98. and also M. Manwood parte pri of his Forest laws pag. 15. But of all the rest Hotoman especially disput de feud p. 41. where of five kind of proofs which he calleth feudales probationes he maketh this the fourth calling it explorationem et hujus furiosae probationis 6. genera fuisse animadvertit per flammam per aquam perferrum candens per aquam vel gelidam vel ferventem per sortes et per corpus Domini of all which he allegeth several exemples out of History very worthy the reading See M. Skene also de verbor significatione verbo Machamium This seemeth to have been in use here with us in Henry the seconds dayes as appeareth by Glanvile lib. 14. c. 1 2. Read also of this in M. Verstegans Restitution of decayed intelligence cap. 3. pag. 63. seq Orfgild aliis Cheapegeld is a restitution made by the Hundred or County of any wrong done by one that was in plegio Lamberd Archaion page 125. 126. Org is anno 31. Ed. 3. stat 3. cap. 2. is the greatest sort of North sea-fish now a daies called Organ ling. Oredelf is a liberty whereby a man claimeth the Ore found in his soyl New exposition of Termes Ortelli is a word used in the book termed pupilla oculi in the chapter containing the Charter of the Forest parte 5. cap. 22. and signifyeth the clawes of a dogs foot being taken from the French orteils des pieds i. digiti pedum the Toes OS Osmonds anno 32. Henr. 8. cap. 14. OT Oth of the King Juramentum Regis is that which the King taketh at his Coronation which in Bract. is set down in these words Debet Rex in coronatione sua in nomine Jesu Christi praestito sacramento haec tria promittere populo sibi subdito Inprimis se esse praecepturum pro viribus opem impensurum ut ecclesiae dei et omni populo Christiano vera pax omnisuo tempore observetur Secundò ut rapacitates et omnes inquietates omnibus gradibus interdicat Tertiò ut in omnibus judciis aequitatem praecipat misericordiam ut indulgeat ei suam misericordiam clemens misericors Dens ut per justitiam suam firma gaudeant pace universi And in the old abridgment of Statutes set out in King Henry the eighths dayes I find it thus described This is the oath that the King shall swear at his Coronation That he shall keep and maintain the right and the liberties of the Holy Church of old time granted by the righteous Christian Kings of England and that hee shall keep all the Lands Honours and Dignities righteous and free of the Crown of England in all manner whole without any manner of minishment and the rights of Crown hurt decayed or lost to his power shall call again into the ancient estate and that he shall keep the peace of the Holy Church and of the Clergy and of the people with good accord and that he shall doe in all his judgements equity and right justice with discretion and mercy and that he shall grant to hold the Lawes and customes of the Realm and to his power keep them and affiem them which the folke and people have made and chosen and the evill Lawes and customes wholey to put out and stedfast and stable peace to the people of this Realm keep and cause to be kept to his power and that hee shall grant no Charter but where he may doe it by his oath All this I find in the foresaid Book titulo Sacramentum Regit and Charter of Pardon quinto Oth of the Kings Justices is That they well and truly shall serve the King and that they shall not assent to things that may turn to his dammage or disinheritance Nor that they shall take no fee nor livery of none but the King Nor that they shall take gift or reward of none that hath adoe before them except it be meat and drink of small value as long as the plce is hanging before them nor after for the cause Nor that they shall give counsell to none in matter that may touch the King upon pain to be at the Kings will body and goods And that they shall doe right to every person notwithstanding the Kings Letters c. Anno 18. Ed. 3. statut 4. which the old abridgement maketh to be anno 20. ejusdem statuâ—o perse Otho was a Deacon Cardinal of S. Nichens in carcere Tulliani and Legate for the Pope here in England anno 22 H. 3. whose constitutions we have at this day Stows An. p. 303. and see the first constitution of the said Legat Othobonus was a Deacon Cardinal
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto another as to his Lord and also that Attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the Writ termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
possession Conspiracie conspiratio though both in Latine and French it be used for an agreement of men to do any thing either good or bad yet in our Lawyers books it is alway taken in the evil part It is defined anno 34 Ed. pri stat 2. to be an agreement of such as do confeder and bind themselves by oath covenant or other aliance that every of them shall bear and ayde the other falsly and maliciously to indite or falsly to move or maintain Plees and also such as cause children within age to appeal men of Felonie whereby they are imprisoned and fore grieved and such as retain men in the Countries with liveries or fees to maintain their malicious enterprises And this extendeth as well to the takets as to the givers And Stewards and Bayliffes of great Lords which by their seignorie office or power undertake to bear or maintain quarrels plees or debates that concern other parties than such as touch the estate of their Lords or themselves anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more anno 1 H. 5. cap. 3. an 18 H. 6. cap. 12. as also in the new book of Entries ver Conspiraey Conspiracie in the places before mentioned is taken more generally is confounded with maintenance and champerty But in a more special signification it is taken for a confederacie of two at the least falsely to endict one or to procure one to be endicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Kings sute is that the party attainted leese his frank law to the intent that he be not empaneld upon Juries or Assises or such like éploiments for the testifying of truth And if he have to do in the Kings Court that he make his Atturney and that his lands goods and chattels be seised into the Kings hands his Lands estreaped if he find no better favour his trees raced and his body committed to prison 27 lib. assis 59. Cromptons Justice of Peace fol. 156. b. This is called villanous judgement or punishment See Villanous judgement But if the partie grieved sue upon the Writ of conspiracy then see Fitzh nat br fol. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fol. 116. A. c. See Frank Law Conspiratione is a Writ that lyeth against conspiratours Fitz. nat br fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable constabularius vel Conestabulis is a Saxon word compounded of cuning or cyng and staple which do signiffe the stay and hold of the King Lamb. duties of Constables num 4. But I have heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we have this Officer from France as most others and not from the Saxons And Tilius in his Commentaries de rebus Gallicis li. 2. c. de conistabili hath the same etymologie giving the reason thereof quia praeest stabulo i. equili regis which office is ancient here in England and mentioned by Bracton seeming to answer him that was called tribunus celerum under the first Kings of Rome and Magister equitum afterward The Germans that inhabite the side of the river Rhene note him by this title die constofler and in counterfeit Latine constofelerus and in older time constafolarius that the Romans were wont to tearm assessorem judicii And as Spiegelius in his Lexicon noreth derive the word à stafolo comitis i. gradu Judicis fiscalis For staffel in their language as he saith signifieth a grees or step of a pair of stairs And thereupon stafelstein being a word used in their very ancient writings signifieth as much as Praetorium But a man many times may shew in this kind more curiosity than discretion as perhaps some will judge me here to have done And therefore enough of this This word is diversly used in our Common law first for the Constable of England who is also called Marshall Stawnâ—â— pl. cor fol. 65. Of whose great dignity and authority a man may find many arguments and signes both in the Statutes and Chronicles of this Realm His sway consisteth in the care of the common peace of the Land in deeds of arms and matters of wars Lamb. ubi supra with whom agreeth the statut anno 13 R. 2. cap. 2. statut 1. Smith de Repub. Anglo lib. 2. cap. 25. Of this Officer or Magistrate M. Gwin in the Preface to his Reading saith to this effect The Court of the Constable and Marshal determineth contracts touching deeds of arms tout of the Realm and handleth things concerning warrs within the Realm as Combats blasons of armory c. But it may not deal with battel in appeals nor generally with any other thing that may be tryed by the Law of the Land And read Fortescue c. 32. This office was belonging heretofore to the Lords of certain mannors jure feudi why it is discontinued see Dyer f. 258. nu 39. Out of this high magistracie saith M. Lamberd were drawn these lower Constables which we calâ—oÌ„stables of Hundreds and franchises and first ordained by the Statute of Winchester anno 13 Ed. 1. which appointeth for the conservation of the peace and view of armour two Constables in every Hundred and franchise which in Latine are called constabularii capitales And these be now a dayes called high Constables because continuance of time and increase both of people and offences hath again under these made others in every Town called petit Constables in Latine subconstabularios which are of like nature but of inferiour authority to the other as you may read at large in that learned mans Treatise before named Of these also read S. Thomas Smith lib. 2. cap. 22. Beside these there be officers of particular places called by this name as Constable of the Tower Stawnf pl. cor fol. 152. anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict fol. 132. Constable of the Exchequer anno 51 H. 3. statute 5. Constable of Dover Castle Camdeni Britan. pag. 239. Fitzh nat br fol. 240. otherwise called castellane West i. cap. 7. anno 3 Ed. 1. But these be castellani properly as Master Lamberd noteth though conjoyned in name with the others See the Statute anno 32 H. 8. cap. 38. M. Manwood parte prima c. 13. of his Forest laws maketh mention of a Constable of the Forest Consuetudinibus servitiis is a Writ of right close which lyeth against the Tenant that deforceth his Lord of the rent or service due unto him Of this see more at large the Old nat br fol. 77. Fitzh eodem fol. 151. and the Register orig fol. 159. Consultation consultatio is a Writ whereby a cause being formerly removed by prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For the Judges of the Kings Court if upon comparing the libel with
Those of the new foundation are by a shorter course installed by vertue of the Kings Letters Patents without either election or confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chapels as the Dean of the Kings Chappel the Dean of the Arches the Dean of Saint George his Chapel in Windfor the Dean of Bocking in Essex Debet solet These words are divers times used in the Writers of the Common law and may trouble the mind of a young Student except he have some advertisement of them For example it is said in the Old nat br fol. 98. This Writ de secta molindini being in the debet and solet is a Writ of right c. and again fol. 69. A Writ of Quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and in the solet or the debet without the solet according as the Demandant claimeth Wherefore note that those Writs that be in this sort brought have these words in them as formal words not be omitted And according to the diversity of the case both debet and solet are used or debet alone that is if a man sue to recover any right by a Writ whereof his Ancester was disseised by the Tenant or his Ancestor then he useth onely the word debet in his Writ because solet is not fit by reason his Ancestor was disseised and the custome discontinued but if he sue for any thing that is now first of all denied him then he useth both these words debet solet because his Ancestors before him and he himself usually injoyed the thing sued for as sute to a Mill or common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appeareth by the Regist orig in the Writ de debito fol. 140. a. Debito is a VVrit which lyeth where a man oweth to another a certain summe of money upon an Obligation or other bargain for any thing sold unto him Fitzh nat br fol. 119. This VVrit is made sometime in the Detinet and not in the Debet which properly falleth out where a manoweth an Annuitie â—or a certain quantitie of wheat barley or such like which he refuseth to pay Old nat br fol. 75. See Debet Solet Denelage Denelagia is the law that the Danes made here in England out of which and Merchenlage and West-Saxonlage the Conquerour compounded certain ordinances for his subjects Camdeni Britan. pag. 94. pag. 183. Decens tales See Tales Decies tantum is a VVrit that lyeth against a Jurour which hath taken money for the giving of his Verdict called so of the effect because it is to recover ten times so much as he took It lieth also against Embracers that procure such an Enquest anno 38 Ed. 3. cap. 13. Reg. orig fol. 188. Fitzh nat br fol. 171. New book of Entries verbo Decies tantum Deceit deceptio fraus dolus is a subtile wily shift or devise having no other name Hereunto may be drawn all maner of craft subtilty guile fraud wylinesse slightnesse cunning covin collusion practice and offence used to deceive another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decanniers See Deciners Deceptione is a VVrit that lyeth properly against him that deceitfully doth any thing in the name of another for one that receiveth harm or Dammage thereby Fitzh nat br fol. 95. This VVrit is either original or judicial as appeareth by the Old nat br fol. 50. where you may read the use of both For some satisfaction take these words of that book This VVrit of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise evil intreated as it appeareth by the Register c. And when it is judicial then it lieth out of the Rolls of Record as in 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 return the Writ served whereas the said man was not warned by which the party that sueth the scire facias recovereth then the party which ought to have been warned shall have the said Writ against the Sheriff The Author of the Termes of Law verbo Deceit saith that the original VVrit of Deceit lieth where any Deceit is done to a man by another so that he hath not sufficiently performed his bargain or promise In the VVrit judicial he concurreth with the former book See the Reg. orig fol. 112. and the Reg. Judicial in the table verbo Deceptione Decintis solvendis pro possessionibus alienigenarune is a VVrit or Letters Patents yet extant in the Register which lay against those that had fermed the Priors aliens lands of the King for the Rector of the Parish to recover his tithe of them Regist orig fol. 179. Deciners aliâs desiners aliâs doziners decenarii cometh of the French dizeine i. decan ten in number or old of disenier i. decearchus It fignifieth in the ancient monuments of our law such as were wont to have the ouersight and check of ten Fribargs for the maintenance of the Kings peace And the limits or compalâ—e of their jurisdiction was called decenna Bracton lib. 3. tract 2. cap. 15. of whom you may also read Fleta lib. 1. cap. 27. and a touch in the Regist orig fol. 98. b. These seemed to have large authority in the Saxons time taking knowledg of causes within their Circuit and redressing wrongs by way of judgement as you may read in the Laws of King Edward set out by M. Lamberd num 32. In later times I find mention of these as in Britton cap. 12. who saith in the Kings person as he writeth his whole book in this manner VVe will that all those which be 14 years old shall make oath that they shall be sufficient and loyal unto us and that they will be neither Felons nor assenting to Felonsâ— and we will that all be endozeint plevis per dozeniers that is professe themselves to be of this or that Dozein and make or offer surety of their behaviour by these or those Doziniers except Religious persous Clerks Knights and their eldest Sons and Women Yet the same Author in his 29 Chapter something toward the end doth say that all of twelve years old and upward are punishable for not coming to the turn of the Sheriff Except Earls Prelates Barons Religious persons and women Stawnf pl. cor fol. 37. out of Fitzh hath these words The like Law is where the Dozeniers make presentment that a Felon is taken for Felonie and delivered to the Sheriff c. And Kitchin out of the Register and Britton saith thus Religious persons Clerks Knights or VVomen shall not be Deceniers fol.
the Ordinarie or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the stature anno 8 R. 2. cap. 4. Of this Petr. Gregor de beneficits cap. 11. num 10. hath these words Sitamen Capellaniae fundatâ—e per Laicos non fuerint à Diocesano approbatae et ut loquuntur spiritualiz atae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Joh. Fab. ad § Nullius De rerum diuis Iden fundatores et baeredes corum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profana beneficin Guido Papaeus descis 187. See also Gregorius lib. 15. cap. 29. sui syntagmatis num 11. I sinde in the Preface of M. Gwins readings that as the King might of ancient times found a free Chapel and exempt it from the jurisdiction of the Diocesan so he might also by his Letters Patents license a common person to found such a Chapel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be depriveable by the Founder and his Heirs and not by the Bishop And this is likest to be the original of these Donatives in England Fitzh saith that there be certain Chauntries which a man may give by his Letters Patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were Donative by the King Coke lib. 3. fol. 75. b. Dooms day Rotulus Wintoniae domus D i Coke in praefatione ad librum saum is a Book that was made in King Ed. the Confeâ—ors dates as the Author of the Old nat br faith f. 15. containing in it not onely all the Lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon words verbo jus Dacorum c. proveth out of Gervasius Tilburiensis that this Book was made in William the Conquerours time with whom agreeth M. Cambden in his Bretan pag. 94. proâ—ing it out of Ingulphus that flourished the same time And for the better commendation of the Book it is not amiste to set down the words of Ingulphus touching the contents thereof Totam terram descripsit Nec er at hyda in tota Anglia quin valorem ejus possessorem scivit nec lacus nec locus aliquis qâ—sin in Regis rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor regiae rotitiae manifestatus juxta taxatorum fidem qui electâ— de qualibet patria territorium oroprium deseribebant Ifte rotulus vocatns est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione which seemeth to be taken out of the Book called Liber Rubeus in the Exchequer It is termed Liber Judicatorius and the reason why quia in co totius Regni descriptio diligens continetuâ— tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr mitur Dorture dormitorium anno 25 H. 8. cap. 11. is the common room place or chamber where all the Friers of one Covent slept and lay all night Dote assignanda is a Writ that lieth for a Widow where it is found by office that the Kings Tenent was feised of Tenements in Fee or Fee-tail at the day of his death c. and that he holdeth of the King in chief c. For in this case the Widow cometh into the Chancery and there maketh oath that she will not marry without the Kings leave anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour for which see the Register Original fol. 297. and Fitzherb nat br fol. 263. And this sort of Widowes is called the Kings Widow See Widow Dote unde nihil habet is a Writ of Dower that lieth for the Widow against the Tenent which hath bought Land of her Husband in his life time whereof he was feised solely in Fee simple or Fee tail in such sort as the issne of them both might have inherited it Fitzh nat br fol. 147. Regist. fol. 170. Dotts admensuratione See Admensurement See the Reg. orig fol. 171. Dotkins a kind of Coin pl. cor fol. 37. Iâ—seemeth to come of the Dutch word ' Duytkin that is the eighth part of a Stufer or French Shilling which in Latine is called Solidus Gallicus Doubles anno 14 H. 6. cap. 6. fignifie as much as Letters Patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the Defendant allegeth for himself two several matters in barre of the action where of either is sufficient to effect his desire in debarring the Plaintiff And this is nor to be admitted in the Common law wherefore it is well to be observed when a Pâ—ee is double and when it is not For if a man allege several matters the one nothing depending of the other the Piea is accounted double If they be mutually depending one of the other then is it accounted but single Kitchin fol. 223. See Brook hoc titule But why this doublenesse for so Kitchin calleth it fol. 234. should be debarred I see no reason under correction all things being spoken For a man may have two good defences and happily in the issue he shall contrarily to his hope fail in proving the one and yet be able to carry the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur libr. 5 aract 5. cap. 5. num 4. whom also read libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alleging this to be the course of our proceeding because the trial is by twelve rude men whose heads are not to be troubled with over many things at once lib. 2. de Repub. Anglor cap. 13. Double quarrel duplex querela is a complaint made by any Clerk or other unto the Archbishop of the Province against an inferiour Ordinary for delaying of Justice in some cause Ecclesiastical as to give sentence or to Institute a Clerk presented or such like The effect whereof is that the said Arch-bishop taking knowledge of such delay directeth his Letters under his authentical Seal to all singular Clerks of his Province thereby commanding and authorizing them and every of them to admonish the said Ordinatie within a certain number of dayes namely 9 dayes to do the Justice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to allege the cause of his delay And lastly to intimate to the said Ordinary that if he neither perform the
hurried to the Kings Bench if the cause were too high for the County Court They differed from the Justices of Oyer and Terminer because they as is above-said were sent upon some one or few especial cases and to one place whereas the Justices in Eyre were sent through the Provinces and Counties of the land with more indefinite and general Commission as appeareth by Bracton lib. 3. cap. 11 12 13 and Britton cap. 2. And again they seem to differ in this because the Justices of Oyer and Terminer as it is before said were sent uncertainly upon any uproar or other occasion in the countrey but these in Eyre as M. Gwin setteth down in the Preface to his Reading were sent but every seven year once with whom Horn in his mirrour of Justices seemeth to agree lib. 2. cap. queux point estre actourrs c. and lib. 2. cap. des peches criminels c. al suyte de Roy c. and li. 3. ca. de Justices in Eyre where he also declarâ—th what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fol. 313. b. hath of them these words Justiciarii itinerantes constituti per Henricum secundum i. qui divisit regnum suum in sex partes per quarum singulas tres Justiciarios itinerantes constituit quorum nomina haec sunt c. Justices of Gaol delivery Justiciarii ad Gaolas deliberandas are such as are sent with Commission to hear and determine all causes appertaining to such as for any offence are cast into the Gaol part of whose authority is to punish such as let to Mainprise those prisoners that by law be not baileable by the Statute de finibus cap. 3. Fitz. nat br fol. 151. I. These by likelihood in antient time were sent to Countries upon this several occasion But afterward Justices of Assise were likewise authorised to this anno 4 Ed. 3. cap. 3. Their oath is all one with other of the Kings Justices of either Bench Old Abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of labourers were Justices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or have unreasonable wages See anno 21 Edvardi 3. cap. primo anno 25 ejusd cap. 8. an 31 ejusd cap. 6. Justices of Nisi prius are all one now adayes with Justices of Assises for it is a common Adjournment of a cause in the Gommon Plees to put it off to such a day Nisi prius Justiciarit venerint ad eas parte ad capiendas Assisas and upon this clause of Adjournment they are called Justices of Nisi Prius as well as Justices of Assises by reason of the writ or action that they have to deal in their Commission you may see in Cromptons Jurisdictions fol. 204. yet M. Crompton maketh this difference between them because Justices of Assise have power to give judgement in a cause but Justices of Nisi prius only to take the verdict But in the nature of both their functions this seemeth to be the greatest difference because Justices of Nisi prius have to deal in causes personal as well as real whereas Justices of Assise in strict acception deal only with the possessory writs called Assises Justices of trial baston alià s of trayl baston were a kind of Justices appointed by King Edward the first upon occasion of great disorder grown in the Realm during his absence in the Scotish and French warres they are called in the Old nat brev fol. 52. Justices of trial Baston but by Holynshed and Stow Ed. pri of Trail baston or trailing or drawing the staff as Holynshed saith Their office was to make inquisition through the Realm by the verdict of substantial Juries upon all officers as Maiors Sheriffs Bayliffs Escheators and others touching extortion briberies and other such grievances as intrusions into other mens lands and Barratours that used to take money for beating of men and also of them whom they did beat by means of which inqusitions many were punished by death many by ransome and so the rest flying the Realm the land was quieted and the King gained great riches toward the supporting of his wars Inquire farther of the name Baston is thought by some to be the beam of a pair of Scoales or Weights And this is in this place metaphorically applied to the just peising of recompence for offences committed My poor opinion is that the etymologie of this title or addition groweth from the French Treilles i. cancelli bars or lettises of what thing soever a grate with crosse bars or of the singular Treille i. pargula an house arbour a rail or form such as vines run upon and Baston a staff or pole noting thereby that the Justices imployed in this Commission had authority to proceed without any solemn Judgement Seat in any place either compassed in with railes or made Booth or Tent-wise set up with staves or poets without more work wheresoever they could apprehend the malefactors they sought for See libro Assisarum folio 57.141 Justices of Peace Justiciarii ad pacem are they that are aprointed by the kings Commission with others to attend the peace of the Countie where they dwell of whom some upon special respect are made of the Quorum because some businesse of importance may not be dealt in without the presence or assent of them or one of them Of these it is but folly to write more because they have so many things appertaining to their Office as cannot in few words be comprehended And again Justice Fitzherbert sometime sithence as also Master Lamberd and Master Crompton of late have written Bookes of it to their great commendation and fruitfull benefit of the whole Realm See also Sir Thomas Smith de repub Anglorum lib. 2. cap. 19. They were called Gardians of the Peace until the 36. year of king Edward the third cap. 12. where they be called Justices Lam. Eirenarcha lib. 4. cap. 19. pag. 578. Their oath see also in Lamberd lib. 1. cap. 10. Justices of Peace c. within Liberties Justiciarii ad pacem infra libertates be such in Cities and other Corporate Towns as those others be of any County and their authoritie or power is all one within their several precincts Anno 27 H. 8. cap. 25. Justicies is a Writ directed to the Sheriff for the dispatch of Justice in some especiall cause wherewith of his own authoritie he cannot deal in his County Court lib. 12. cap. 18. whereupon the Writ de Excommunicato deliberando is called a Justicies in the Old nat brev fol. 35. Also the Writ de homine replegiando eodem fol. 41. Thirdly the Writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Justicies the Sheriff may hold plee of a great summe whereas of his ordinary authoritie he cannot hold plees but
lying neer one another and consenting to have their bounds severally known It is directed to the Shyreeve commanding him to make perambulation and to set down their certain limits between them Of this read more at large in Fitz. nat br fol. 133. See Rationalibus divisis See the Regist orig fol. 157. and the new book of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is used with us for a rod or Pole of sixteen foot and a half in length Whereof Fourty in length and four in breath make an acre of ground Cromptons Jurisdict fol. 222. Yet by the custom of the country it may be longer as he there saith For in the Forest of Sherwood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Rood of land where he hath also these words in effect Three beer corns without tails set together in length make an inch of the which corns one should be taken off the middle ridge another of the side of the ridge another of the furrow Twelve inches make a foot of measure three foot and an inch make an elne six elnes long make one fall which is the common lineal measure and six elnes long and six broad make a square and superficiall fall of measured land And it is to be understood that one rod one raip one lineall fall of measure are all one for each one of them containeth six elnes in length Howbeir a rod is a staff or pole of wood a rasp is made of tow or hemp And so much land as fall thunder the rod or raip at once is called a fall of measure or a lineal fall because it is the measure of the line or length only Like as the superficiall fall is the measure both of length and bredth Item ten falls in length and four in breadth make a Rood four Roods make and acre c. This is the measure of Scotland whereof you may read more in the same place Perdonatio utlagariae in the Register judiciall fol. 28. is the form of pardon for him that for not comming to the Kings court is out-lawed and afterwards of his own accord yeeldeth himself to prison Peremptory peremptorius commeth of the verb perimere to cut off and joyned with a substantive as action or exception signifyeth a finall and determinate act without hope of renewing So Fitzh calleth a peremtory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q R. fol. 108. D. G. and non-sute peremptory idem eodem fol. 5. N. F. fol. 11. A peremptory exception Bracton li. 4. cap. 20. Smith derep Anglorum li. 2. cap. 13. calleth that a preremptory acception which can make the state and an issue in a cause Perinde valere is a dispensation graunted to a Clerk that being defective in his capacity to a benefice or other ecclesiastical function is de facto admitted unto it And it hath the appellation of the words which make the faculty as effectual to the party dispensed with as if he had been actually capable of the thing for which he is dispensed with at the time of his admission Perkins was a learned Lawyer fellow and bencher of the inner Temple that lived in the daies of Edw. the 6. and Queen Mary He wrote a book upon divers points of the common Law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexe cum ecclesia et praebenda is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist orig fol. 307. a. Pernour of profits cometh of the French verb. prendere i. acciperâ— and signifieth him that taketh as pernour of profits anno 1 H. 7 ca. pri Pernour de prosits et cesti que use is all one Coke li. i. casu Chuâ—ley fol. 123. a. See Pernour anno 21. R. 2. ca. 15. Per quae ervitia is a writ judicial issuing from the note of a fine and lyeth for the cognizee of a maner seignory chief rent or other services to compell him that is tenant of the land at the time of the note of the fine levyed to atturn unto him West parte 2. symbol titulo Fines-Sect 126. To the same effect speaketh the old nat br fol. 155. See also the new book of Entries verbo per quae servitia Perquesite perquesitum signifyeth in Bracton any thing purchased as per quisitum facere lib. 2. cap. 30. numb 3. lib. 4. cap. 22. perquisites of court be those profits that grow unto the Lord of a maner by vertue of his Court Baron over and above the certain and yearly profits of his land as escheats mariages goods purchased by villeins fines of copie holds and such like New Termes of the Law Person See Parson Personable signifyeth as much as inhabled to hold or maintain plee in a court For example the demaundant was judged personably to maintain this action Old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien born in Portingall without the ligeance of the King and judgement was asked whether she would be answered The Plaintiff saith she was made personable by Parliament that is as the Civilians would speak it habere personam standi in judicio Personable is also as much as to be of capacity to take any thing granted or given Plowden casu Colthirst fol. 27. b. Personal personalis hath in our common Law one strange signification being joyned with the substantive things goods or Chatels as things personal goods personal Chatels personal for thus it signifieth any corporeal and moveable thing belonging to any man be it quick or dead So it is used in Westm par 2. symbol titulo Inditements sect 58. in these words Theft is an unlawfull fellonious taking away another mans moveable personal goods And again fol. 61. Larcency is a felonious taking away of anothers mans moveable personall goods and Kitchin fol. 139. in these words Where personal things shall be given to corporation as a horse a cow an oxe sheep hogs or other goods c. and Stawnford pl. cor fol. 25. Contrectatio rei alienae is to be understood of things personal for in things real it is not felony as the cutting of a tree is not fellony The reason of this application see Chattel Personalty personalitas is an abstract of personall The action is in the personalty old nat br fol 92. that is to say brought against the right person or the person against whom in law it lyeth I find these contrary words Personalitas impersonalitas in the Author of the book called vocabularius utriusque juris as for example Personalitas significatur per has dictiones tu mihi ego tibt cum alio significato quod probbialiter oencluditur si nullo modo concludatur tunc est impersonalttas quia actum vitiat pront ratio dictat verbi gratia