other in the night with felonious intent to robbe or kil or to doe some other felony in which cases although he cary away nothing yet it is felony for which he shall suffer death Otherwise it is if it be in the day tyme or that hée breake the house in the night and enter not therin at that tyme. But if a seruant will conspire with other men to robbe his master and to that intent hee openeth his masters dores or windowes in the night for them and they come into the house by that way this is burglary in the straungers and the seruant is a théefe but noe burglar And this was the opinion of the right worshipfull Sir Roger Manwood knight most woorthy Lorde Chiefe Baron of the Eschequer at the quarter Sessions holden in CauÌ„terburie in Januarie last 1579. 21. Elizabeth Caruage CAruage that is to bée quite if the kinge shall taxe al hislaÌ„d by Carues Note that a Carue of land is a plowland Cession CEssion is when an Ecclesiasticall person is created bishop or wheÌ„ a person of a personage taketh an other benefice without dispensation or otherwise not qualified c. In both cases their first benefices are becoÌ„e void and to those that he had who was created Bishop the Quéene shal present for that tyme whosoeuer be patron of them And in the other case the patron may present Challenge CHallenge is where Jurours appeare to trie an issue then if any of the parties suppose y â— they are not indifferent they may there Challenge and refuse them There be diuers challenges one is challenge to the array the other to the polles Challenge to tharray is wheÌ„ the panel is fauourably made by the sherife or other officer Challenge by the poles are some principal and some by cause as they call it Principal is wheÌ„ one of the Juroures is the son brother or cosine to the plaintife or defendaunt or tenant to him or y â— he hath espoused the daughter of the pleintife for those causes hée shalbée withdrawen Also in a plée of y â— death of a maÌ„ in euery other accion reall in accions personall if the debt or daÌ„mages amount to xl markes it is a good challenge that he cannot dispende xl s. by the yeare of free holde Challenge by cause is where the party doth alledge a matter which is no principal chelleÌ„ge as y â— y â— son of one of y â— Jurrours hath espoused the daughter of the pleintif then he doth coÌ„clude therfore he is so fauorable which shal be tried by others of theÌ„quest whether he be fauorable or indifferent if they say that he is fauorable and not indifferent theÌ„ hée shalbée drawen out otherwyse hée shalbée sworn Also a felon that is arraigned may challenge xx Jurrours paremptory wythout any cause that is in fauour of life as many as hee wil with cause but then it shal be tried if for such cause he be indifferent or not Champertours CHampertours be they y t moue pleas suites or cause to be moued by own or others procurement sue them at their owne costs to haue part of the land or gaines in variance Charge CHarge is where a man grauÌ„teth a rent out of his grounde and that if the rent bée béehinde that it shal be lawfull for him his heires assignes to distraine till the rent be paide This is called a rent charge But if one graunt a reÌ„t charge out of the land of an other and after purchase the land the grauÌ„t is voide Charters of lands CHarters of lands are writings déeds euideÌ„ces instrumeÌ„ts made froÌ„ one man to an other vpoÌ„ some estate coÌ„ueied or passed betwene theÌ„ of lands or tenemeÌ„ts shewing the name place quantitie of the land the estate time maner of the doinge thereof the parties to the estate deliuered and takeÌ„ the witnesses pres eÌ„t at the same with other circumstaunces Chattels CHattels are in ij sortÊ’ that isto say Chattels Reals and Chattels personals Chattels Reals are leases for yeares wardes and to holde at wil c. Chattels personals ar al mouable goods as money plate householde stuffe horses kine corne such like Childewite CHildwite that is y â— you may take a fine of your bondwoman defiled and begotten w t childe w tout your licence Chimin CHimine is the hye way where euery maÌ„ goethe which is called via Regia and yet the Kynge hath noe other thinge there but the passage for hym and hys people for the frée holde is in the Lorde of the soyle and all the profyte growinge there as trees and other thinges Thing in action THinge in action is when a manne hath cause or may brynge an action for some duity due to him as an action of det vpon an obligation aÌ„nuity Rent Couenant warde goods trespas or such like And because they are thinges wherof a man is not possessed but for recouery of them is driuen to his actioÌ„ they are called things in action those thinges in action that are certen the Quéene may grauÌ„t the grauÌ„tee may vse an actyon for them in hys owne name onely But a common person cannot graunt his thing in actioÌ„ nor the Queene her felâ—e cannot grauÌ„t her thing in actioÌ„ which is vncerten as trespas such like Circuit of action CIrcuite of action is when an actyon is rightly brought for a duetie but yet about y e bush as it were for y â— it might as well bene otherwise aunswered and determined that suit saued and because that theÌ„ same actioÌ„ was more then néedful it is called circuite of action As if a manne graunt a rent charge of x. li. out of his manner of dale and after the grauntee disseise y â— grauÌ„tour of the same maner of dale and hée bringeth an assise and recouereth the lande and xx li. dammages which xx li. being paied the grauntee of the rent sueth his action for x. li. of his rent due duringe the time of the disseison which if noe disseisin had bene hée must haue had This is called circuit of action béecause it might haue bene more shortly aunswered for where as the grauntour should receyue xx li. dammages and pay x. li. rent he might haue receiued but the x. li. onely for the dammages and the grauntee might haue cut of and kept backe the other x. li. in his handes by way of detayner for his rent and soe thereby mought haue saued his action Claime CLaime is a challenge by any man of the propertie or ownershippe of a thinge which he hath not in possession but which is with holden froÌ„ him wrongfully Clergie CLergie is an auncyent libertye of the popishe Church which hath also béene confyrmed with vs in dyuers Parlyamentes And it is when a priest or one within holy orders as they terme it or any other whoesoeuer in whome is noe impedyment or impossibilitye to bée a priest is arraigned of felonye or such lyke
the heire Abbot ABbot was the soueraigne head or chiefe of those houses of popish religion which when they stood were called abbeies and this abbot together w t y e monkes of y e same house whoe were called the couent made a corporation Abbettours ABbettorÊ’ are indiuers cases diuersely taken one kinde of Abbettours are they that maliciously without iust cause or desert do procure other to sue false appeales of murder or felonie against menne to the entent to trouble and gréeue them and to bringe them into infamye and sclaunder Abbettours in murder are those that commaunde procure couÌ„sel or comfort others to murder And in some case such Abbettors shal be taken as principals and in some case but as Accessories Soe in other felonies And their preseÌ„ce at the deede doinge and their abseÌ„ce maketh a differeÌ„ce in the case There are abbettors also in Treason but they are in case as principalles for in Treason there are noe accessories Abeyance ABeyaunce is when a leas is made for terms of lyfe the remainder to the right heires of I. S. which I. S. is liuing at y â— time of the grauÌ„t Nowe this graunt of rem passeth from the grauntour presentlye yet it vesteth not presently nor taketh holde in the grauntee that is to say the right heire of I. S. but is sayde to be in abeyance or as the Logiciens terme it in power or in vnderstanding and as we say in the cloudes That is to wit in the consideration of the lawe That if I. S. die leauing a rightheire lyuinge and lyuynge the Lessee for lyfe then this is a good rem ' and nowe vesteth and commeth into that right heire in such sort as that hée may graunte forfayte or otherwyse dyspose the same and cesseth to bée anye more in abeyaunce for that there is one nowe of Abilitye to take it because that I. S. is deade hath left a right heire in life which coulde not bée liuinge I. S. for that duringe his life none coulde properlye bée sayed hys heire Also if a manne be patron of a church presentethe one to the same Nowe is the fee in the person but if the person die and the church is become voyde then is the fee in abeyaunce vntyll there bée a newe personne preseÌ„ted for y e patron hath not the fee but onely the right to present y e fee is in y t incuÌ„bent y e is presented after his death it is in noo body but in abeiaÌ„ce til therebe a new incuÌ„bent as aforesaid ¶ Abishersing ABishersinge and in some copyes mishersinge that is to be quite of amercements before whoÌ„ soeuer of transumptyon proued Abiuration ABiuration is an othe that a manne or womanne shall take when they haue committed felonye and flye to that church or church yarde for safegarde of their lyues chosinge rather perpetual banishement out of the Realme then to stand to the lawe and to bée tryed of the felonye And this lawe was instituted by Saynt Edwarde the confessour a Kinge of this Realme before the conqueste and was grounded vppon the lawe of mercys and for the loue and reuerence noe doubt that hée and other hys successours dyd beare vnto the house of God or place of prayer and administration of his woorde and sacraments which wée call the church But howe vncomely a thinge it was or is and howe farre from the nature of the house of god to make her a succorour and defender of horrible murderers theues you may consider brother Nicholas and the rather when you remeÌ„ber what our sauiour Chiste sayed reprehending the Jewes and parauenture also propheseinge of thys My house shalbée called the house of prayer but you haue made it a denne of théeues Abridgement of a plaint or demaund ABridgemeÌ„t of a plaint or demaunde is where one bryngeth an assyse writ of dower writte of ward or such like where the writ is de libero tenemento as in a writ of dower the writ is rationabilem dotem que eam contingit de libero tenemento W. her husband And in a writ of ward the writ is custod ' terr' et hered ' c. and the plaintife or demaundant demaundeth diuers acres or parcels of land and the tenant pleadeth non tenure or iointenancy or some other such like plea to parcell of the land demauÌ„ded in abatement of the writ then the plaintife or demaundant may abridge his plaint or demaunde to that parcell that is to say he may leaue that part out and pray that the tenaunt shall answere to the rest to which hee hath not yet pleaded any thinge The cause is for that in such writs the certeintie is not set downe but the demaunde runneth generally de libero tenemento and notwithstandinge the demaundaunt hath abridged his playnt or demaunde in part yâ—t the writ remayneth good stil de libero tenemento for the rest Acceptance ACceptance is a taking in good part and as it were an agreeinge vnto some act don before which might haue byne vndon and auoyded if such acceptance had not bin by him or them that so accepted As for example if an Abbot lease land of his house for terme of yeares reseruing rent and dieth and after an other is made abbot who accepteth that is to say taketh or receyueth the rent when it is due and ought to bee paied Nowe by this acceptance the lease is made perfect and good which els the Abbot might very well haue auoyded and made frustrate The like law is iâ— a man his wife seysed of land in y â— right of y â— wife â—ome and make a lease or feoffemeÌ„t reseruing rent and the husband dieth shee accepteth or receiueth the rent by which the feoffement or lease is made perfect and good and shall barre her to bring her writ called Cui in vita Accessories ACcessories are in ii sortes the one before the offence the other after the offence is done Accessorie béefore the fact or offence is hée that commaundeth or procureth an other to doe felony and is not there present him selfe when the other doth it but if hée bée present then hee is also principall Accessorie after the offence or fact is he that receyueth fauoureth or aydeth a felon knowing wel of the deede that hee hath done Also one may be accessorie to an accessorie as if one feloniously receiue an other that is accessorie of a felonie there the receyuer is an accessorie Accion ACcion is a suit geuen by the lawe to recouer a thing as an accion of debt and such like Accions personals ACcions personals bée such accions whereby a man claymeth debt or other goods or cattel or damage for them or damages for wrong done to his person Accion populer ACcion populer is an accion which is geuen vppon the breach of some penal statute which accion euery man that will may sue for him selfe and the Queene by information or otherwise as the statute alloweth and the case requireth And of
béefore a temporall Judge c. and the prisoner praieth his clergye that is to saye to haue hys booke which is as much as if hée desired to bée dismyssed from the Temporall Judge and to bee deliuered to the Ordinarie to purge hym selfe of the same offence This priuyledge at the firste was not soe generall in respect of the parties that should take benefite thereby as it afterwarde beecame to bée for at the beginninge beinge a popishe inuentyon the patrons thereof were very partial and wolde not that any should reape commodity thereby but their popish priestes only and such as were wythin orders as aforesayed and this arose amonge them partlye through their great pride dysdayninge to bee vnder the obedience of their natural kinges and temporall correctyon and partelye of polycie for shame lest the leude maners of their spiritualty should come to the open view examination of y e layetie as they distinguish them noe meruaile at al for w tin a fewe of the first yeres of king Henry y e secoÌ„ds raigne the clergie of the Realme had committed aboue one hundred seueral murders vppon hys subiectes as the Kinge was certenly informed besides many robberies and other outrages for remedy whereof order was taken by y e king his nobilitie and w t much a doe the Clergie consented therto y t if any clerke from thence forth committed felony or treason he should first be degraded and afterwarde deliuered to the lay power there to receiue as to his offence belonged c. at y â— last in fauor of life a thing to bee shewed indifferently towards al mankinde and for the loue of lerninge it was graunted to al men that could reade though they were neither priestes nor w tin orders And since in parliament made vpon good considerations it hath ben restreined and taken away in dyuers cases as in wilful murder Burglary and such others Clerke attaint Clerke conuict CLerkes are in ii sorts that is to say Clerkes attaint Clerkes conuict Clerke attaint is he which prayeth his clergy after iudgement gyuen vpon him of the felony and hath his clergy allowed such a Clerke may not make his purgatioÌ„ Clerke conuict is hée which prayeth his clergy before iudgment gyuen vppon him of the felony and hath hys clergy to him graunted such a clerke may make his purgation Colour COlour is a fayned matter which the defendant or tenant vseth in his barre when an accion of trespas or an assise is brought against him in which he gyueth the demandant or plaintife a shewe at the first sight that he hath good cause of accion where in troth it is no iust cause but onely a colour and face of a cause And it is vsed to the intent that the determynatyon of the accion should bée by the Judges and not by an ignorant Jury of xii men And therefore a colour ought to bée a matter in law or doubtfull to the common people as for example A. bringes an assise of land against B. and B. saith that hee hym selfe did let the same land to one C. for terme of life and afterwarde did graunt the reuersion to A. the demaundaunt and after C. the tenaunt for terme of lyfe died after whose decease A. the demaundaunt claiming the reuersion by force of that graunt whereto C. the tenaunt for life did neuer atturne entred vpoÌ„ whom B. entred against whom A. for y â— entre bringes this assise c. this is a good colour because the comoÌ„ people thinke that the land will passe by the grauÌ„t without atturnement where in déede it wil not passe c. Also in an accion of trespas colour must bée geuen and of them are an infinite number one for example In an accion of trespas for takinge away of the playntifes beastes the defendaunt saith that before y e pleintife had any thing in theÌ„ hée himselfe was possessed of theÌ„ as of his proper goodes and deliuered them to A. B. to redeliuer them to him againe when c. and A. B. gaue them vnto the plaintife the plaintife supposing the propertie to be in A. B. at y â— time of the gift tooke them and the defendant tooke them from the plaintife whereupon the plaintife bringeth y e accion this is a good colour and a good plea. Colour of office COlour of office is alwaies takeÌ„ in y e worst part signifieth an act euel done by the countenance of an office and it beareth a dissemblinge face of the right office where as the office is but auaile to the falsehod the thinge is grounded vpoÌ„ vice and the office is as a shadowe to it But reason of the office vertue of the office are taken alwayes in the best part and where the office is the iust cause of the thynge and the thynge is pursuing to the office Collusion COllusioÌ„ is where an accion is brought agaynst another by hys owne agreement if the plaintife recouer then such recouery is called by collusion and in some cases the collusion shall bée enquired of as in a Quare impedit an assise such like But in auowry nor in a writ of entrie or any accyon personall the collusion shall not bée inquyred Common law COmmon lawe is for the most part taken 3. waies first for the lawes of this Realme simple without any other lawe as customary lawe Ciuil lawe Spirituall lawe or whatsoeuurr els lawe ioyned vnto it as when it is disputed in our laws of England what ought of right to bée determyned by the comon lawe and what by the spirituall lawe or Admirales Court or such like Secondly it is taken for the kinges courtes as the kynges bench or common place onely to shewe a difference béetwéene them and y â— base courtes as Customary courts courtes barons county courtes pipouders and such like as when a plea of land is remoued out of auncient demesne because the laÌ„d is frank fée pleadable at the coÌ„mon lawe y t is to say in y â— kings court and not in auncien demesne or in any other base court Thirdly and most vsually by the comon law is vnderstoode such laws as were generally taken and holden for lawe before any statute was made to alter the same as for example Tenant for life nor for yeares were not to be punished for doinge wast at the common lawe tyll the statute of Glocester ca. 5. was made which doth giue an action of wast against them But tenant by the curteâ—y and tenaunt in dower were punishable of wast at the common law that is to say by the vsual and comon receiued laws of y â— Realme before the sayd statute of Glocester was made Comon COmmon is the right y t a maÌ„ hath to put his beastes to pasture or to vse to occupy the grouÌ„d that is not his owne And note y â— there be diuers comons that is to say comoÌ„ in grosse common appendaunt comon appurtenant comoÌ„ because of neighbourhod Common
will serue in that case to say that hymselfe was borne in Kent it is for good reason to be doubted â— And y t they ought not y e Eschetor of the kynge to choose nor euer in any time did they But the kinge shall take or cause to bée taken suche a one as it shal please hym to serue him in that whych shal be néedeful 3 And that they may their lands their tenemeÌ„ts giue and sel without licence asked of their lords Sauing vnto the Lordes the rents and y e seruices due out of the same tenements 4 And that al and euery of them may by writ of the king or by playnt plede for y e obtaininge of their right as wel of their Lordes as of other men 5 And they claime also y t the coÌ„minaltie of Gauelkind men which hold none other then tenemeÌ„ts of Gauelkind nature ought not to coÌ„e to y e coÌ„mon summons of y e Eire but onely by the Borsholder fower meÌ„ of the Borowe Except the townes which ought to aunswere by twelue men in the Eire The like to this priuiledge is enioyed at thys day in y â— sherifes Lathe where many whole borowes be excused by the onely apparaunce of a Borsholder two foure or sixe other of y â— inhabitants Borsholder is so named of y e saâ—oÌ„ wordes Borber caldor y t is to say the most auncient or elder of the pledges 6 And they claime also that if any tenant in gauelkynd bée attainted of selony for the which hée suffereth Judgement of death the kyng shal haue al hys goodes and hys heire sorthw t after hys death shal be inheritable to al his lands and tenemeÌ„ts which held in Gauelkind in fée and inheritance And he shal hold them by the same seruices customes as hys auncestors helde them whereuppon it is said in Kentish The father to the bough And the son to the plough But this rule holdeth in case of felony and of murder onely and not in case of Treason at alâ— And it holdeth also in case where y e offendor is iustised by order of lawe and not where he withdraweth himselfe after the fault committed will not abyde his lawfull tryall And because that thys custome shal not be coÌ„strued by equity but by a straight and literal interpretation it hath therefore bin doubted whether the brother or vncle shall haue y â— aduauntage therof because the woordes extend to y â— sonne onely See 22. E. 3. abridged by master Brooke tit Custome 54. 7 And if he haue a wife forthwith be shée endowed by the heire if hee be of age of the one halfe of al the landes and tenements which her husband held of Gauelkynd nature in fée to haue to hold accordyng to the forme hereafter declared And of such lands y â— kinge shall not haue the yere nor wast but onely the goodes as is béefore said The wife shall not lose her dower for the default of her husbande but in such case where the heire shal lose his inheritance for the offence of his father 8. Henry 3. 8 And if any manne of Gauelkinde eyther for felonie or for suspicion of felonie withdrawe him out of the countrey and bee demaunded in the countie as he ought be afterwarde vtlawed or put himselfe into the holy church and abiure the lande and the Realme the kinge shall haue the yeare and the wast of his landes and of al his tenementes together with al his goodes and chattels Soe that after the yeare and the day the next Lord or lordes shal haue their Eschetes of those landes and tenements euery lorde that which is immediatly holden of him So is it holden in the bookes 8. E. 2. abridged by master Fitz. ti PrescriptioÌ„ 50. 22. E. 3. abridged by master Brooke ti Custome 54. 9 And they claime also that if any tenaunt in Gauelkinde and bée an inheritor of lands tenemeÌ„ts in Gauelkind y â— al his sonnes shal part y â— inheritaÌ„ce by equal portioÌ„s 10 And if there bee noe heire male let y e partitioÌ„ be made betwene the females euen as betwene bro. But y â— statut of Praerog regis cap. 16. sayeth That the females shall not deuide wyth the males which is to bée vnderstode of such as bée in equall degrée of kynred as Brothers and sisters as in this ix and. x. deuision For if a man haue issue iij. sonnes the eldest haue issue a daughter and die in the life of his father and the father dieth In this case the daughter shalioyne with the two other brethren her vncles for that shée is not in equal degrée w t them as her father was whose heire neuerthelesse she must of necessity be 11 And let the messuage also be departed betwene them but the Astre shall remayne to the yongest sonne or daughter and be the value thereof deliuered to each of the parceners of y â— heritage froÌ„ xl féete from y t Astre if y â— tenement wil soe suffer By this worde Astre is ment as is coÌ„iectured either the hall or chéefe roome of the house â–ª eyther else the well for water or the south side of the buildinge for Astre beeinge sounded without s may come of the latin worde Atrium which signifieth a Hall or of Haustrum whichbe tokeneth the bucket of a wel or of Austrum the south side euery of which haue their particular coÌ„modities aboue the rest of y â— house or tenement Or otherwise being souÌ„ded with s it may be deduced from y e freÌ„ch word Asistre by contraction Astre which is as much as a site or situation and with the article le before it Lester a churchyarde or Court about a house But at this daye there is no such regarde made iÌ„ y â— particioÌ„ but oÌ„ly consideration had that the parts them selues be equal indifferent 12 And then let the eldest brother haue y â— first thoyse and the others afterwarde accordinge to their degrée 13 Likewise of houses which shal bee founde in such messuages let them be departed amongst the heires by equall portyons that is to wéete by foote if néede be Sauinge the Couert of the Astre which shal remain to the yongest sonne or daughter as is beforesaid Soe neuerthelesse that y â— yongest make reasonable amends to his parceners for the part which to them belongeth by the awarde of good men 14 And of the aforesayd tenements whereof one onely suit mas wont to be made before time be there not by reason of y â— particion but one sole suit made as it was before accustomed but yet let all the parceners make contribution to y â— parcener which maketh y â— sint for them 15 In like sortlet y â— goods of Gauelkind persons be parted into thrée partes after the funerals and y â— debts payed if there bée lawful issu on liue so y t y e dead haue one part his lawfull sonnes doughters an other part
great discretiō take the helpe and opinion of some skilful Surgeon to consider thereof before they determine vpon the case Mainprise MAinprise is when a mā is arrested by capi as then the Judges may deliuer his bodie to certeine menne for to keepe and to bringe him before them at a certaine daye and these be called mainpernours and if the partye appeare not at the daye assigned the mainpernoures shal be amerced Mannour MAnnour is a thinge compounde of diuers thinges as of a house lande arrable pasture meadowe woode rent auowson court baron and such like make a manor this ought to be by longe contynuaunce of time to the contrary◠whereof mans memory cannot tel for at this day a manor cānot be made because a court baron cānot nowe be made and a manour cannot be w tout a court baron suters or fréeholders two at the least for if all the fréeholdes except one escheate to the lord or if he purchase al except one there his manor is gone for that it cannot bée a mannor without a court Baron as is aforesaid and a court baron cannot bée holden but before suters not before one suter therfore where but one fréehold or fréeholder is there cannot bée a mannour Manumission MAnumission is in ii sortes the one is a manumission expressed the other a manumissiō implyed or secreat Manumission expressed is when the Lord maketh a déed to his villen to enfraunches hym by this word Manumittere which is as much to say as to let one goe out of an other mans hands or power The manner of manumittinge or infraunchising in old time most vsually was thus The Lorde in presence of hys neyghbours toke the bonde manne by the heade saying I wil that this manne be frée and therewyth shewed him forwarde out of hys handes and by this hée was frée without anye more a doe Manumissyon implyed wythout this woode Manumittere is when the lorde maketh an obligation to his villē to pay him money at a certein daye or suith him wher he might enter without sute or graunteth vnto his vyllen an annitie or lesseth lande to him by déede for yeres or for life in dyuers such like cases y e villen thereby is made frée Maximes MAximes be the foundations of the lawe the conclusions of reason and are causes efficient certein vniuersall propositions soe sure and perfect that they may not bée at any time impeached or impugned but ought alwaies to bée obserued and holden as strong principalles and aucthorities of thēselues although they cannot be proued by force of argument or demonstratiōs logicall but are knowen by enduction by y e way of sence memory As for example it is a maxime that if a man haue issue 2. sonnes by diuers women and the one of them purchase landes in fée and dieth wythout issue the other brother shall neuer be hys heyre c. Also it is an othermaxime that lāds shal discēd frō the father to y e sōne ▪ but not frō the sōne to y e father for that is an ascention c. diuers such like there be Maynour MAynour is when a théefe hath stolne and is followed with hue and cry and taken hauing y t founde about him which he stole that is called the maynour And so we cōmonly vse to saye when we finde one doing of an vnlawfull act that wée tooke him with the maynour or maner Misprision MIsprision is when on knoweth that an other hath committed treason or felony and will not discouer him to the Q. or to her councell or to any magistrat but doth conceale the same A chapleine had fixed an olde seale of a patent to a newe patent of non residence and this was holden to bée misprision of treason onely and noe counterfeiting of the Q. seale Also if a man knowe mony to be counterfet bringe the same out of Irelād hither into England and vtter it in payment this is but mysprision of treason and no treason soe it is in diuers such like cases And in al cases of misprision of treason y e partie offendor shall forfayt his goods for euer and y ◠profets of his landes for terme of his life and his body to prison at the Q. pleasure And for misprision of felonie or trespas y e offēdour shalbée committed to prison vntill hée haue founde suerties or pledges for his fine which shal be assessed by y e ducretion of y t Justices before whom he was conuict And note that in euerie treason or felonye is included misprision and where any hath cōmitted treason or felony the Q. may cause y e sāe to be indited and arramed but of misprision onely if she will Shewinge of deedes or Recordes SHewinge of déedes or Recordes is as if for example an actyon of dette be brought against one vppon an obligation or by Executors c. there after that the pleyntife hath declared he ought to shewe his obligatiō or y ◠executour the testamēt to the court and soe it is of Recordes And the diuersitye béetwene shewing of deeds or Recordes hering of déeds or records is thus he y ◠pleades the deede or record or declares vppon it to him it doth appertaine to shewe the same And the other agaynst whom such déede or record is pleaded or declared and is thereby to bée charged may demaunde hearing of the same déed or record which his aduersarie brigeth or pleadeth against him Mortgage or Morgage MOrtgage or Morgage is whē a mā maketh a feoffement to another on such condition that if the feoffour pay to the feoffée at a certaine day xl li. of money that then the feoffour may reenter c. In thys case the feffée is called tenaunt in morgage And as a mā may make a feoffement in fée in morgage so hée may make a gift in tayle or a lease for terme of life or for term of yeares in morgage And it seemeth that the cause why it is called morgage is for that it standeth in doubt whether the feoffor will pay the money at the day appointed or not and if hée fayle to pay then y ◠land which hée layed in gage vppon condition of paymēt of y e money is gone from him for euer so dead to him vpō cōditiō But if he pay y ◠money then is the gage dead as to y ◠tenāt y t is to say the feoffée for this cause it is called in latin mortuum vadium as master Littleton sayth or rather mortuum vas as I thinke Mortmaine MOrtmaine was whē lands were geuen to a house of religion or to a cōpany which be corporat by y e kings graūt then the land is cōe into mortmain that is to say in English a dead hand and the kynge or the lord of whō y e lād to holden may enter into thē Mulier MUlier is a word vsed in our lawe but howe aptly I cannot tell nor doe wel knowe howe
rent bée béehind and the grauntour dye the heire may not distrayne nor shal recouer the arrerages of the tyme of his father as it is before said of reÌ„t seruice And in the same maner it is to say of rent charge or annuel rent But in al these rentes before said the heire may haue for the arrerages in his owne time such aduauntage as hys father had in his life And note well that in rent secke if a manne bée not seysed of the rent and it bée behind hée is without recouery for that that it was his owne folly at the beginning when the rent was graunted to hym or reserued that hée tooke not seysin of the rent as a peny or two pence And note well that a manne may not haue a Cessauit ê‘ biennium or another writte of entre sur Cessauit for no rent secke béehynd by ii yeares but onely for rent seruice as it appeareth in the statute ¶ And note well that in reÌ„t secke it behoueth him that sueth for y â— rent seck for to shewe a déede to y e tenaunt or els the tenaÌ„t shal not be charged with the rent but where the rent secke was rent seruice before as in thys case lord mesne and tenaunt and euerie of theÌ„ holdeth of other by homage and fealtie and the tenant of the mesne x. s. of rent the lorde paramouÌ„t purchaseth y â— lands or tenementes of the tenaunt all the seignâ—orye of the mesne but the rent is extinict And for this cause thys rent is béecome rent secke and the rent seruyce chaunged for hée maye not dystrayne for thys rent and in this case hée that demanudethe the rent shal neuer be charged to shewe a déede Also in a writte of mordauncestour ayel or besayle of rent secke it néedeth not to shewe a specyaltie for that these writtes of possession doe comprehende a tytle wythin theÌ„ selues that is to say that the auncestour was seysed of the same rent and continued hys possession by cause of which seysine the lawe supposeth that it is alsoe auerrable by the countreye yet learne for some suppose that it béehoueth of necessity to shewe forthe a déede for that that rent secke is a thinge against coÌ„mon right as wel as rent charge But in assise of nouel disseisin and in a writte of entre sur disseisin brought of rent secke it béehoueth of necessitie to shewe forth a déede for that that rent secke is a thinge against a common right except in the case before sayed where it was rent seruice before And assise of nouel dysseisin a writte of entre sur disseisine conteygne within them no title but suppose a disseisine to be done to y â— plaintife of y â— entendement of the lawe the disseisin géeueth noe cause of auermeÌ„t against commen right but of necesâ—itye it behoueth to shewe forth a déede Suit seruice ¶ Suit seruice is to come to the court from thrée wéekes to thrée wéekes by the whole yere and for that a man shabe distrayned not amerced Suit real is to come to y â— court of léete and that is not but two times in the yere and for that a man shalbée amerced and not distrained Termes of the lawe ¶ Abatement de brief ou plaint ABatemeÌ„t de br'ou plaint est quaÌ„t vn accion est port perbr ' ou plaint en que faut suffic ' et bone matter ou autermeÌ„t le matt â–ª all' nest certeinemeÌ„t alledge ou si le pl ' ou defendant ou lieu soÌ„t misnosme ou sil appt variance â—enter le br ' et le specialtie ou record ou qÌ„ le brief ou declaration souÌ„t vncerteine ou pur mort del pl ' ou def et purdiuÌ„s aut's seÌ„blable causes qÌ„ux ieo omise de purâ— car de cÌ„ solemÌ„t vn poet faire vn graÌ„d discourse et ieo det'mÌ„ de satisfier vous boÌ„ frieâ—â—â—â—ich â—â—bnÌ„ q'ieo poy ouâ—cy moult breuit ' et cy petit troubl â–ª a moy mesme coÌ„c ieo poy doÌ„ques sur ceux defautes le def poet prie qÌ„le br ' ou plaint abatera ceÌ„ adire que le suite del pl ' enuers luy cessera pur cest temps et que il coÌ„meÌ„cer a auter temps son fuit et port ' vn nouel brief ou plaint sil soit issint dispose a faire Abatement en terres ABatement en terres ou tenÌ„tes est quant vn hoÌ„e morust seisie de terres ou tenemeÌ„ts vn estranger cest adire vn que nad droit entra en mÌ„s les terres ou tenÌ„ts deuant que le heire fayt son entrie cest entrie de le estrauÌ„ger est appel vn abatemeÌ„t et il vn abator Mes si le heire enter primes apres le mort de soÌ„ auÌ„cestour et le estraÌ„ger enter sur le possession del heire cest entrie de le estranger est vn disseisin al heire Abbe ABbe fuit le soueraignÌ„ hed ou principal de ceux measons de papish religioÌ„ qÌ„ux quant ils fuerent fuerent appel abbeis et cest abbe enseble oue les moignes d' mesme le meason queux fueront appel le couent fouÌ„t vn corporation Abbettours ABbettors souÌ„t en diuers cases diuÌ„semeÌ„t prise vn kynd de Abbettours soÌ„t ceux qÌ„ maliciousmeÌ„t sauns dr'turel caÌ„e ou desert procur ' aut's de suer faux appeals d' murd ' ou felony enuÌ„s hoÌ„es al entent de troubler greeuer eux pur faire eux en infamy slauÌ„der Abbettors en murder sont ceux qÌ„ coÌ„maund procure councel ou comfort auters de murder Et en ascuÌ„ case tiels Abbett ' serroÌ„t prises coÌ„e principals et en ascun case forsque coÌ„e accessories Issint en auter felonies et lour pÌ„seÌ„ce a le chose fait ou lour absence de la fayt vn difference en le case Il y ad Abbettoures auxi en treason mes ils souÌ„t en case come principals car eÌ„ tres il ny ad ascÌ„ accessories Abeyance Abeyance est quaÌ„tvn leas est fait pur terme de vie le remaind ' al droit hr's de I. S. le qÌ„l I. S. est en vie al temps del grant Ore ceÌ„ graÌ„t de rem ' passa hors del grauÌ„t ' maintenaÌ„t vnc ' il ne vesta maintenaÌ„t ne prist effect en le grauÌ„tee ceÌ„ adire le dr ' heire de I. S. mes est dit deste en abeiance ou coÌ„e les Logitiens appel ceo in potencia ou in Intellectu et come nous diomê° in nubibê° ceÌ„ a scauoier en le consideration d' le ley Que fi I. S. morust relinquens vn dr ' heire en vie et viuans le lessee pur vie don'que ceo est vn bon rem ' et a ore vest et vient en le dit droit heire eÌ„ tiel sort que il poit grauÌ„t forfait ou auterment dyspose ceo et cessa deste ore en abeiance
auant tiendroÌ„t Et sil ne veÌ„t deuant lan et le iour passe donc auage le seigniour al prochein CouÌ„te suiant oue test moinages de sa court et face la ê“nuncier cel proces pur testmoynage auer et ê‘ agard de sa court apres ceo Counte tenue entra et meynouera en cels terres et tenements sicoÌ„e en son demesne Et si la tenaunt vient apres et voyle reauer ses tenementes tener sicome il fist deuaunt face gree al seygniour sicome il est auncyentment dist Neghe sth selde ne ghe sith geld v pound for the were er hee become he alder Ily ad ascuns copies que ad le primer verse issint escript Nisith yelde and nisith gelde Et auters issint Nighesith yelde and nighesith gelde Mes ceux ne differ en signification auter copies on t ceo soloÌ„que cest sort Nigond sith selde and nigond sith gelde Cest a scauoier paiera il nouies foites nouies foits repaie Gauelkinde GAuelkinde est vn custoÌ„e aÌ„nexe et cur rant oue t'res en kent appel Gauelkind t'res tenê° eÌ„ auncieÌ„t Socage tenure Et est pense ê‘ les erudite en antiquities deste appel Gauelkinde de Giue al kin cest adire a touts les kyn en vn lyne accordaunt come est vse enter les GermaÌ„s de que nous Anglois et especialmÌ„t de Kent venemus Ou il eÌ„ appel Gauelkinde de giue al kynd ceÌ„ adir ' al touts les males car kynd en dutch signifie vn male Et diuers aut's seÌ„bl ' coniectures soÌ„t fait ê‘ eux d'l nosmÌ„ Gauelkinde le qÌ„lieo omit de purpose pur breuitie pur ceo q' cy vous expectes frere Nich. sicoÌ„e voê° moy requirast qÌ„ieo escriuera largemÌ„t coÌ„cernÌ„t aut'plê° needfull matt â–ª pur vr ' purpÌ„ qÌ„ux voê° desirast de scauoir coÌ„cernaÌ„t Gauelkind ter res et pur cÌ„ que vous lues nee en Kent et auxi es plus demurraÌ„t la et pur ceo voê° peÌ„ses patriae res nescire dedecus Pur satisfier vr'e dd ' en cest Ieo ay pur ceo mise pur vous cy les auncient customes de Kent sicome ils fuerouÌ„t verameÌ„t et carefully de puisne temps publye ouesque ascuns cases sur eux collect hors del ceux liuers qÌ„ fouÌ„t ascun mentioÌ„ de cest q'l voet ieo peÌ„se satistier vr'e desire alarge Et primÌ„mÌ„t voê° â—cauoies q' ceux Gauelkind custoÌ„es souÌ„t de boÌ„ antiquitie port eins cy ê‘ les Saxons Intes et Angles Germans de qÌ„ nous Angloys discend coÌ„e est auaÌ„tdit et fuerount ê‘ eux vse et relique cy et issint coÌ„tinue eÌ„ force tanq ' Guillam Duke de Normandie conquer ' tout Engleterr ' Kent â—auntsolement forsprise le q'il auoit per compositioÌ„ et nemy per conquest Et en cest coÌ„position les valiaunt Kentois obtaineroit vn grauÌ„t de le coÌ„tinuatioÌ„ de lour custoÌ„es d'Gauelkind le qÌ„l touts teÌ„ps puis ils ouÌ„t vse en mÌ„ l' pais et ils soÌ„t coÌ„e ensuist Les customes de Kent CEs soÌ„t les vsages et les custoÌ„es les qÌ„ux l' coÌ„mur alâ—ie de Kent claimaÌ„t auÌ„ en tenÌ„ts de Gauelkind et en geÌ„ts GauelkeÌ„deis allâ—â— es en Eire Iohn de Bervvike et ses companions Iustices en eire en Kent le 21. an le Roy Ed. fits le roye Henrie Cestassauoir que touis les cors de Kenteys soyent Francz auxi come les auters frauÌ„s cors Denglet ' Cest chose ad este puis confesse deeÌ„ veray comÌ„ il appiert en 30. E. I. en Fitzherbert titulo Villenage placit ' 46. Ou il est tenê° sufficient pur vn home de auoider lobiection de boÌ„dage adire que son pier fuit nee en Kent mes sil voet seruer en ceÌ„ case adire q il mÌ„ fuit neâ— en Kent il eÌ„ pur boâ— cause deste doubt 2 Et que ils ne duinent le Eschet ' le roy eslire ne vnques en nul temps ne fesoieÌ„t â–ª mes le roy prengne ou face prender tyel come luy plerra de ceo qui soit mistier a luy seruer 3 Et quilz puseÌ„t lour t'res lour tenÌ„ts donÌ„ vend ' sans conge dd'er a lour seignorages Saues a seignorages les reÌ„tset l's seruic ' dues de mÌ„s les tenÌ„ts 4 Et qÌ„ touz et chesc ' puseit ê‘ br ' le roy ou ê‘ pleit pled ' pur lour dr't purchaser auxâ—bnÌ„ de lour seignorages come des auters geÌ„ts 5 Et claiment auxi qÌ„ la coÌ„mune de Gauil-kind eis â–ª qÌ„ ne tenent mes que tenementes GauilekeÌ„deis ne deuient venera le commune summons del Eire mes q' per Borgesaldre et iiij homes de la Borgh horspris les villes que deuieÌ„t respond ' per xij hoÌ„es en le Eire Leâ—emble du ceÌ„ priuiledge eÌ„ enioy a cest iour en l' Lath d'l viscount ou diuÌ„s entyer Borghes souÌ„t excuse â—l ' apparaÌ„ce â—antsolemeÌ„t duÌ„ Borgesalder et ij iiij ou size auters de les enhabitaÌ„ts Borshold ' est issint nosme de les Saxon parolx Borher caldor ceÌ„ adire le plus aunc ' ou eigne de les pledges 6 Et claiment auxi qÌ„ si nul tenÌ„t en CauelkeÌ„d soit attaint de felony per que il suffre Iuise d'mort eit l' roy â—ouz ses chateux et soÌ„ eire maintenaÌ„t apÌ„s sa mort soit enherite de touts ses terres et tenements qÌ„ il tient en Gauelkinde en fee et en heritage et les tieÌ„dra ê‘ mesmes les seruices et customes sicome ses auÌ„cesters les tiendront dont est dit en Kentees Ye fader to ye bogh Ye sonne to ye plogh Mes cest rule tyent en case de felonie et de murder solement et nemy en case de treason Et il tient auxi en case ou le offeÌ„dour est Iustice per order del ley et nemy ou il se suthtrey apres le fact fayt et ne voet permit son loyal tryal Et pur ceo que cest custome ne serra construe per equitie mes per vn strict et literal enterpretation il ad este doubt pur ceo si le srere ou vncle auera le aduauntage de ceo pur ceo que les parolx extend al sits solement Vide 22. Edvv. 3. abridg per M. Brooke tit ' Custome 54. 7 Et si il eit femme meintenaÌ„t soit dovve ê‘ le heir ' sil soit dage de la moity de toutes les terres et tenemeÌ„tz q' son baron tient de Gauelkynde en fee A auer et a tener solonâ— la formÌ„ de suthdyte Et de tiels terres le roy ne auera an ne vvast mes taÌ„tsolement les chateux sicome il est auantdit Le femme ne perdra dovver pur le defaut de sa baroÌ„ mes en tiel