Hog R. answereth It is true that thou sayest and I delivered thee thy Hog which I am ready to prove Deraisnian he defineth to be a proof of a thing that one denieth to be done by himself which his adversary saith was done defeating or confounding his adversaries Assertion as you would say and shewing it to be without and against reason or likelihood which is avouched in our Common law it is used diversly first generally for to prove as Dirationavit jus suam hares propinquior Glanvil lib. 2. cap. 6. and Habea probos hemmer qui hoc viderum audierunt parati sunt hoc dirationare Idem lib. 4. cap. 6. and Dirationavit terram illam in curia mea Idem lib. 2. cap. 20. 1. he proved that land to be his own c. And pertinentiam eam dirationavit in vita sua vel alio modò juste perquisivit Idem lib. 6. cap. 12. and Bracton useth it after the same sort in these words Habeo sufficientem disratiocinationem probationem lib. 4. tract 6. cap. 16. and so he useth disrationare lib. 4. cap. 22. and so in Westm 2. anno 13 Ed. pri cap. 32. and to derein the warranty Old nat br fol. 146. and to derein the warranty Paramount anno 31 H. 8. cap. primo And dereigner le Warranty in Plowd casu Basset in fine 2. partis fol. 6 7. 8. a. hath the same signification So it is used West 2. cap. 5. anno 13 Ed. 1. in these words And when the parson of any Church is disturbed to demand Tithes in the next Parish by a Writ of Indicavit the patron of the Parson so disturbed to demand Tithes shall have a Writ to demand the Advowson of the Tithes being in demand and when it is deraigned then shall the Plee passe in the Court Christian as sarre forth as it is deraigned in the Kings Court. Bracton also lib. 3. tract 2. cap. 3. num 1. speaking of him that appealeth another for any Treason or Felony hath these words Proponat accufans appellum suum in hunc modum sc debet dicere se interfuisse vidisse certo loco certo die certa hora sciâ—isse ipsum accufatum praelocutum fuisse mortem regâ—s vel seâ—â—tionem suam vel exercitus sui vel consensisse vel anxiliant consilium impendisse vel ad hoc authoritxtem praestitisse hoc ego juxta considerationent curiae disrationare paratus sum He useth it like wise as the Normans use Disraisniam for him that offereth to justifie his denial as lib. 3. tract 2. cap. 2 S. num 1. in these words Rex consilio Episcoporum bonorum mrsit propter comitem ut statuto die ventret ad curiam ad disrationandum vel defendendum se si posset Lastly in some places I find the substantive dereinement used in the very literal signification of the French disrayer or defranger that is as a man would say turning out of course displacing or ferting out of order as dereinement or departure out of Religion anno 31 H. 8. cap. 6. and dereinment or discharge of their profession anno 33 H. 8. cap. 29. which is spoken of those Religious men which forsook their orders and professions as also anno 5 6 Ed. 6. cap. 13. So doth Kitchin use the verb fol. 152. in these words The Leasse entreth into Religion and afterward is dereigned And Britton useth these words Semounse desrenable for a summons that may be challenged as defective or not lawfully made cap. 21. Of this you may read something more in Skene de verb. signif verbo Disrationare where in one signification he confoundeth it with our waging and making of Law De son tort Demesne seem to be certain words of form in an action of trespasse used by way of reply to the Plee of the Defendant For example A. sueth B. in action of Trespasse B. answereth for himself that he did that which A. calleth a Trespasse by the commandement of C. his Master A. saith again that B. did it de son tort demesne sans ceoque C. luy commanda modo et forma that is B. did it of his own wrong without that C. commanded him in such form c. Detinet See Debito and Debet Detinew detinendo is a Writ that lyeth against him who having goods or chattels delivered him to keep refuseth to deliver them again See of this Fitzh nat br fol. 138. To this is answerable in some sort actio depositi in the Civil law And he taketh his action of detinew that intendeth to recover the thing delivered and not the Dammages sustained by the Detinew Kitchin fol. 176. See the new book of Entries verbo Detinew Devastaverunt bona testatoris is a Writ lying against Executors for paying Legacies and Debts without specialties to the prejudice of the creditours that have specialties before the debts upon the said specialties be due For in this case the Executors are as liable to action as if they had wasted the goods of the Testarour riotously or without cause New Terms of Law Devest Devestir is contrary to Invest For as Investire signifieth possessionem tradere So devestire is possessionem auferre feud lib. pri cap. 7. Devise alias divise cometh of the French diviser i. dispertiri discernere separare distinguere as diverser parici et par la distribuere This word is properly attributed in our Common Law to him that bequeaths his goods by his least Will or Testament in writing and the reason is because those that now appertain onely to the Devisour by this act are distributed into many parts Wherefore I think it better written divise then devise howbeit it were not absurd to derive this word from the French deviser i. sermâ—cinari fabulari conâ—ilium conferre For in this sense it agreeth in some sort with the nature of the act of the Testator and with the Etymology of a Testament set down by Justinian who saith that testamentum is quasimentis testatio titulo de testa ordinan in instit and testatio mentis cannot be so well as by talk and conference with our wise and skilful friends Devoires of Cales anno 2 R. 2. Stat. 1. cap. 3. et anno 5. ejusdem Stat. 2. cap. 2. were the customes due to the King for Merchandize brought to or carried out from Caleis when our Staple was there The word is French signifying as much as officium dutie Devorce alias divorce divortium is with our Common Lawyers accounted that separation between two de facto married together which is à vinculò matrimonii non solùm à mensa thoro And therefore the woman so divorced received all again that she brought with her This is not but only upon a nullity of the marriage through some essential impediment as consanguinity or affinity within the degrees forbidden precontract impotency or such like See the new Tearms of Law DI Diem clausit extremum is a Writ that lyeth for
Coursetour of the court and hath been chosen of some one of he clerks in the remembrancers offices or of the clerk of the Pipes office He at the days of prefixion taketh oath of all high Sheriffs and their under Sheriffs and of all Escheatours Bayliffs and other accountants for their true accounting He taketh the oath of all Collectours Controllers Surveyours and searchers of the Custom houses that they have made true entrances in their books He apposeth all Sheriffs upon their Summons of the Pipe in open Court He informeth the rest of the Barons of the course of the Court in any matter that concerneth the Kings Prerogrative He likewise as the other Barons taketh the declaration of certain receivers accounts and examineth the letters and sums of such of the former accountants as are brought unto him These Barons of the exchequer are antient officers for I find them named West 2. c. 11. an 13 Ed. 1. they be called Barons because Barons of the realm were wont to be employed in that office Fleta li. 2. c. 24. S. Tho. Smith saith of them that their office is to look to the accounts of the Prince and to that end they have Auditors under them as also to decide all causes appertaning to the Kings profits coming into the Exchequer by any means This is in part also proved by the Stat. an 20. Ed. 3. ca. 2. anno 27 ejusd stat 2. ca. 18. anno 5. R. 2. stat 1. ca. 9. 12. et anno 14. ejusd ca. 11. And hereupon they be of late men learned in the Common Law of the Realm whereas in autient times they were others viz. majores et discretiores in regno sive de clero essent sive de curia Ockam in his lucubrations de fisci regii ratione Horn. in his mirrour of Justices saith that Barons were wont to be two and they Knights cap. De la place del Eschequer Then be there in this signification Barons of the Cinque Ports anno 31 Ed. 3. stat 2. cap. 2. an 33 H. 8. cap. 10. which are two of every of the seven towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich that have places in the lower-house of Parliament Cromptons jurisd fol. 28. Baron in the third signification is used for the husband in relation to his wife which is so ordinary in all our law-writers that write in French as it were superfluous to confirm it by any one Baronet I read this word anno 13 R. 2. stat 2. cap. 1. But I hold it falsly printed for Baneret or else to signifie all one with it Baronye baronia baronagium is the fee of a Baron In which account are not onely the fees of Temporal Barons but of Bishops also who have two respects One â—s they are Spiritual men without possessions as was the Tribe of Levie among the Israelites being susteined by the onely First fruits and Tenths of the other Tribes Josh cap. 13. vers 14. The other respect they have groweth from the bounty of our English Kings whereby they have Baronies at the least and are thereby Barons or Lords of the Parâ—iament This Baronie as Bracton saith lib. 2. cap. 34. is a right indivisible and therefore if an inheritance be to be divided among Co-parteners Though some capital messuages may be divided yet si capitale messuagium sit caput Comitatus vel caput Baroniae he faith they may not be parcelled The reason is ne sic caput per pluâ—es particulas dividatur plura jura comitatuum baroniarium deveniant ad nihilum per quod deficiat Regnum quod ex Comitatibus Baroniis dicitur esse constitutuÌ„ Barre Barra commeth of the French barre or barriere i. repagulum obex vectis It is used in our Common law for a peremptory exception against a Demand or plaint and is by the Author of the terms of Law defined to be a Plee brought by the Defendant in an Action that destroyeth the Action of the Plaintiff for ever It is divided into a Barre to common intent and a Barre scecial A Barre to a common intendment is an ordinary or general Barre that ordinarily disableth the Declaration or Plee of the Plaintiff A Barre special is that which is more than ordinary and falleth out in the case in hand or question upon some special circumstance of the fact Plowden casu Colthirst fol. 26. a.b. For example an Executor being sued for his Testators debt pleadeth that he had no goods left in his hands at the day when the Writ was purchased or taken out against him This is a good barre to common intendment or prima facie But yet the case may so fall out that more goods might come to his hands sithence that time which if the Plaintiff can shew by way of replication then except he have a more especial plee or barre to allege he is to be condemned in the action See also Plowden in the case aforenamed fol. 28. a. b. and Broke tâ—â—ulâ— Barre num 101. and Kitchin fol. 215. Barre also in the same signification is divided into barre material and barre at large Kitchin fol. 68. A barre material as it seemeth may otherwise be called a barre special as when one in the stop of the Plaintiffes Action pleadeth some particular matter as a descent from him that was the undoubted owner a Feoffment made by the Ancester of the Plaintiff or such like A bar at large is when the Tenent or Defendant by way of exception doth not traverse the Plaintiffs title by pleading not guilty nor confe ie and avoid it but onely maketh to himself a title in his barre As if in an Assise of novel disseisin the Tenent plead a Feoffment of a stranger unto him and gives but a colour onely to the Plaintiff Of this there is an apt example to be found 5 H. 7. fol. 29. Barre is also in regard of the effect divided into barre perpetual and barre pro tempore Perpetual is that which overthroweth the action for ever Barre pro tempore is that which is good for the present and may fail hereafter look an example or two in Broke titu Barre nu 23. where he saith that to plead plenè administravit is good until it may appear that more goods come to the Executors hands afterward which also holdeth for an heir that in an action of his Ancesters debt pleadeth rien per discent This word is also used for a material bar as the place where Sergeants or Councellers stand to plead causes in Court or Prisoners to answer to their Indictment Of which our Common lawyers that be licensed to plead in other Countries called licentiati are termed Baristers anno 24 H. 8. cap. 24. Barrator barectator cometh from the French Barat i. astutia and is neer the French it self in signification For barateur in that tongue betokeneth a deceiver and a barator in our Common law is a common wrangler that setteth men at ods and is
men upon any cause anno 25 Ed. 3. stat 4. cap. 2. Cathedrall See Church Casu matrimonii praelocuti is a Writ which lyeth in case where a woman giveth lands to a man in fee simple to the intent he shall marry her and refusesh so to do in reasonable time being required thereunto by the woman The form and farther use thereof learn in the Register orig fol. 233. and in Fitzh nat br fol. 205. Causam nobis significes is a Writ which lyeth to a Maior of a Town or City c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke l. 4. casu communalty des Sadlers fol. 55. b. Cautione admittenda is a Writ that lyeth against the Bishops holding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy Church from thenceforth The form and farther effect whereof take out of the Regist orig pag. 66. and Fitzh nat br fol. 63. CE Century centuria See Hundred Cepicorpus is a return made by the Sheriff that upon an exigend he hath taken the body of the party Fitzh nat br Fol. 26. Certiorari is Writ issuing out of the Chancery to an inferior Court to call up the records of a cause therein depending that conscionable Justice therein may be ministred upon complaint made by bill that the party which seeketh the said Writ hath received hard dealing in the said Court. Terms of the Law See the divers forms and uses of this in Fitzh nat br fol. 242. as also the Register both original and judicial in the tables verbo Certiorari Crompton in his Justice of peace f. 117. saith that this Writ is either returnable in the Kings Bench and then hath these words nobis mittatis or in the Chauncerie and then hath in caucellaria nostra or in the Common Bench and then hath Justiciariis nostris de banco The word Certiorare is used divers times in the digest of the Civil Law but our later Criticks think it so barbarous that they suspect it rather to be foisted in by Tribonian than to be originally used by those men of whose works the said digest is compiled Prataeus in suo lexico Certificat certificatorium is used for a writing made in any Court to give notice to another Court of any thing done therein As for example a certificat of the cause of attaint is a transcript made briefly and in few words by the Clerk of the Crown Clerk of the Peace or Clerk of Assise to the Court of the Kings Bench containing the tenure and effect of every endictment outlawrie or convictior and Clerk attainted made or pronounced in any other Court anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque Broke fol. 119. Certification of assise of novel disseisin c. Certificatio assisae novae disseisinae c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices and is called certificatione novae dissessinae Old nat br fol. 181. Of this see also the Register original fol. 200. and the new book of entries verb. Certificat of assise This word hath use where a man appearing by his Bailiff to an assise brought by another hath lost the day and having something more to plead for himself as a deed of release c. which the Bailiff did not or might not plead for him desireth a farther examination of the cause either before the same Justices or others obtaineth Letters patents unto them to that effect The form of these Letters Patents you may see in Fitzh nat br fol. 181. and that done bringeth a Writ to the Sheriff to call both the party for whom the assise passed and the Jurie that was empaneled upon the same before the said Justices at a certain day and place And it is called a certificate because in it there is mention made to the Sheriff that upon the parties complaint of the defective examination or doubts yet remaining upon the assise passed the King hath directed his Letters patents to the Justices for the better certifying of themselves whether all points of the said assise were duly examined yea or not See farther Old nat br and Fitzh ubi supra Of this also you may read Bractoâ— lib. 4. cap. 19. num 4. in fine 5 6. where he discusseth the reason of this point very learnedly and lastly Horn in his Mirrour of Justices lib. 3. cap. finali § en eyde des memoyees c. Certificando ' de recognitione Stapulae it is a Writ directed to the Major of the Staple c. commanding him to certifie the Chauncellor of a statute of the staple taken before him between such and such in case where the party himself detaineth it and refuseth to bring it in Regist orig fol. 152. b. In like manner may be said of certificando de statuto mercatorio eodem fol. 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fol. 195. and certificando quando recognitio c. and certificando quid actum est de brevi super statutum mercatorium fol. 151. and certificando si loquela Warantiae fol. 13. Cessor is he that ceaseth or neglecteth so long to perform a duty be longing unto him as that by his cesse or cessing he incurreth the danger of Law and hath or may have the Writ cessavit brought against him Old nat br fol. 136. And note that where it is said in divers places the Tenent cesseth without any more words such phrase is so to be understood as if it were said the Tenent cesseth to do that which he ought or is bound to do by his Land or Tenement Cessavit is a Writ â—hat lyeth in divers cases as appeareth by Fitzh nat br fol. 280. upon this general ground that he against whom it is brought hath for two years foreslown to perform such service or to pay such rent as he is â—ed unto by his Tenure and hath not upon his Land or his Tenement sufficient goods or cattels to be distreined Consult more at large with Fitz. upon this ubi supra with Fleta lib. 5. cap. 34. § visa sunt and with the Terms of law See Cessavit de cantaria Register orig fol. 238. Cessavit de feod firma eodem fol. 237. Cessavit per biennium eodem folio etiam eodem See the new book of Entries verbo Cessavit Cestui qui vie is in true French Cestui a vie de qui. i. he for whose life any Land or Tenement is graunted Perkins graunts 97. Cestus qui use ille cujus usui vel ad cujus usum is broken French and thus may be bettered Cestui all use de qui. It is an ordinary speech among our Common
fol. 102. calleth the Coroner of the Kings house of whose authority see S. Edw. Cokes reports lib. 4. fol. 46. a. b. And I know certain Charters belonging to Colleges and other corporations whereby they are licensed to appoint their Coroner within their own precincts Farther of this office see also Fitzh nat br fol. 76. A. B. Sir Thomas Smith lib. 2. cap. 21. de repub Anglo and Lamb. Eirenarcha lib. 4. cap. 3. pag. 380. And the office of the Coroner in Scot land what it is read M. John Skene de verbo signif verbo Iter. Corporation Corporatio is that which the Civil law calleth Vniversitatem or Collegium A bodie Politick authorised by the Kings Charter to have a common Seal a head Officer one or more and members able by their common consent to grant or to receive in law any thing within the compasse of their Charter even as one man may do by Law all things that by law is not forbidden and bindeth the Successours as a single man bindeth his Executor or Heir See Brokes his abridgement titulo Corporation and the new Terms of Law Eodem Corpus cum causa is a Writ issuing out of the Chancerie to remove both the body and the record touching the cause of any man lying in execution uâ—on a judgment for debt into the Kings Bench c. there to lye until he have satisfied the judgement Fitzh nat br fol. 251. E. Corrector of the staple is an officer or Clerk belonging to the Staple that writeth and recordeth the bargains of Merchants there made anno 27 Ed. 3. stat 2. cap. 22 23. The Romans called them Meâ—sarios Corruption of blood is an infection growing to the state of a man attainted of Felony or Treason and to his issue For as he leeseth all to the Prince or other Lord of the Fee accordingly as his case is so his issue cannot be heirs to him or to any other Ancestor of whom they might have claimed by him And farther if he were noble or a Gentleman before he and his children are made unnoble and ungentle in respect of the father New Terms of the Law Corse present are words borrowed from the French signifiing a Mortuarie anno 21 H. 8. c. 6. The true French is corps praesenté i. the body presented or tendered The reason why the Mortuarie is thus also termed seemeth to be for that where a Mortuarie was wont to be due the body of the best Beast was according to the law or custome offered or presented to the Priest Corselet is a French word signifying a little Body in Latine corpusculum It is used with us for an armour to cover the whole body or trunk of a man anno 4 5. Ph. Mar. cap. 2. where with the Pikemen commonly set in the front and flanks of the battel are armed for the better resistance of the enemies assaults and the surer guard of the Gunners placed behind or within them being more sleightly armed for their speedier issuing in and out to discharge their Pieces See Barrets discourse of War lib. 3. dialog 2. Cosenage cognatione is a Writ that lyeth where the Tresail that is Tritavus the father of the Befail or of the great Grand-father is seised in his Demesn as of Fee at the day of his death of certain lands or tenements and dyeth and then a Stranger entreth and abateth For then shall his Heir have this Writ of Cosenage the form whereof see in Fitzh nat br fol. 221. Of this also read Britton at large cap. 89. Cosening is an offence unnamed whereby any thing is done guilefully in or out of contracts which cannot be fitly termed by any especial name West parte 2. Symbolaeogr titulo Indictments sect 68. It is called Stellionatus in the Civil law of Stellio the beast which is lacertae genus versutissimum as Cujacius in his paratitles calleth it and quo nullum an mal homini invidet fraudulentius Plinie lib. 3. cap. 10. Cotage cotagium is a house without land belonging unto it anno 4. Ed. pri statut prima And the inhabitant of such a house is called a Cotager But by a later statute no man may build a Cotage but he must lay 4. Acres of ground unto it 31 Eliz. cap. 7. Cote is a kind of reffuse wool clung or clotted together that it cannot be pulled asunder anno 13. R. 2. stat 1. cap. 9. It lignineth also as much as Cotage in many places as also it did among the Saxons Verstegan in his Restitut of decayed intelligence in entiquities Covenable rationabilis is a French word signifying fit or convenient or suitable convenably endowed anno 4. H. 8. ca. 12. it is antiently written convenable as in the statute an 27. Ed. 3. stat 2. cap. 17. Covenant conventio is the consent of two or more in one self thing to doe or give somewhat West parte 2. symbol lib. 1. sect 4. It seemeth to be as much as pactum conventum with the Civilians which you read oftentimes in Tullie Pactum conventum quod et vulgo vesticum vocant opponitur nudo pacto vetue ab omni juris solennitate destatuto Hujus exempla ponere difficile esse Jason existimavit Conventum aiunt quod vestitur autre aut verbis aut literis aut contractus cohaerentiâ aut rei interventu Oldendorpius And covenant in this signification is either a covenant in law or a covenant in fact Coke li. 4. Nokes case fol. 80. or covenant expresse and covenant in law idem li. 6. fo 17. a. Covenant in law is that which the law intendeth to be made though in words it be not expressed as if the lessour doe demise and grant c. to the Leassee for a certain term the Law intendeth a covenant of the Leassers part that the Leassee shall during his whole term quietly enjoy his Lease against all lawfull encumbrance Covenant in fact is that which is expresly agreed between the parties There is also a covenant meerly personall and a covenant reall Fitzh nat br fo 145. And he seemeth to say that a covenant reall is whereby a man tyeth himself to passe a thing reall as land or tenements as a covenant to levy a Fine of land c. A covenant meerly personal of the other side is where a man covenanteth with another by deed to build him a house or any other thing or to serve him or to in feoff him c. Covenant is also the name of a writ for the which see Conventione Instruments of covenant you may see good store in West parte 1. Symbolaeog lib. 2. sectio 100. See also the new book of Entries verbo Covenant Covent conventus signifieth the sooiety or fraternity of an abby or priorie as societas signifieth the number of fellowes in a College Bracton lib. 2. cap. 35. It commeth of the French convent i. coenobium Coverture is a French word signifying any thing that covereth as apparell a coverlet c. and deduced
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
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
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self but as dom or hood and such like be in these English words Christendom and Manhood or such others Others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his Description of England cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own costs and to answer the cause there c. Fitzh nat br fol. 250. h. And the order is in this case first to procure a Certiorari out of the Chancery directed to the said Justices for the removing of the Inditement into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. jud fol. 81. where you shall find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of the habendum is to limit the estate so that the general implication of the estate which by construction of law passeth in the Premisses is by the habendum controlled and qualified As in a Lease to two persons the habendum to one for life the remainder to the other for life altereth the general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth where a man hath recovered lands in the Kings Court directed to the Sheriff and commanding him to give him seisin of the land recovered Old nat br fol. 154. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo Fines Sect. 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of lands to the Lord of the Fee after the King hath taken his due of his lands that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
feudale beneficium adeptus est quasi qui in vassi fide et clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is divided into Homologum et non homologum Homologus is he that sweareth service with exception of a higher Lord and non homologus is he that sweareth without exception all one with Ligeus And the same Author verb. Vassallus saith that it is vassallus quosi bassallus id est inferior socâ—us From the French bas i. humilis dimissus and the Dutch word gesel i. sccius his reason is because the vassal is inferiour to his Master and must serve and reverence him and yet he is in manner his companion because each of them is obliged one to the other He saith farther out of Cujaceus lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a little after he saith thus In the laws of the Feuds vassallus is called fidelis quia fidelit atem jurat Amongst vassals the first place of dignity is given to them that are Duces Marchiones Comites and are called Capitanei Regni The second is granted to Barons and others of like estate and are called Valvasores Majores The third to them who are called Gentlemen or Nobles holding of Barons which also may have under them vassals that be Gentlemen And such vassals holding in chief of Barons are called Valvasores Minores And they which hold of Gentlemen are called Vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called Subvassores Thus sar Master Skene Vasto is a writ that lyeth for the heir against the Tenent for term of life or of years for making waste or for him in the Reversion or Remainder Fitzh nat br fol. 55. Regist orig fol. 72 76. and Regist. Judicial fol. 17.21 23 69. v. anno 6 Edw. pri cap. 5. Vavasour vavasor alià s valvasor is one that in dignity is next unto Baron Cambden Britan. pag. 109. Bracton lib. prim cap. 8. saith thus of this kind of men Sunt alii potentes sub rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magne dignitatis Vavasor enim nibil melius dici poterit quà m vas sortitum ad valetudinem Jacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them Valvasores and giveth this reason of it Quia assident valvae i. portae domini in festis in quibus consueverunt homines curtizare eis reverentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Brâ—tan pag. 108. hath these words of them Primis etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores majores si illis qui de feudis cribunt oredimus iidâ—m fuerunt Barones VE Vendiâ—soni expoâ—as is a writ ludicial directed to the under-Sheriff commanding him to sell goods that he hath formerly by commandement taken into his hands for the satisfying of a judgement given into the Kings Court Register judscial fol. 33. b. Venire facias is a writ judicial and goeth out of the record lying where two parties plead and come to issue sc upon the saying of the Country For then the party Plaintiff or Defendant shall have this writ directed to the Sheriff that he cause to come twelve lawfull men of the same Country to say the truth upon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall go a Habcas corpora and after a Distress untill they come Old nar br fol. 157. See how diversly this writ is used in the table of the Registor judicial There is also a writ of this name that is original as appeareth in the Register orig fol. 200. b. which M. Lamberd in his Processes annexed to his Eirenarcha saith to be the common Processe upon any presentment not being felony nor especially appointed for the fault presented by Statute Wherof he setteth down an example in the same place See also the new book of Entries verbo Enquest fol. 253. columma 1 2 3. Venire sacias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or near place As for example twelve of the Assize ought to be of the same Venew where the demand is made Old nat br fol. 115. and in the statute anno 4 H. 4. cap. 26. anno 25 H. 8. cap. 6. I find these words And also shall return in every such panell upon the venire facias six sufficient Hundreders at the least if there be so many within the hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that saith she is with child and thereby with-holdeth land from him that is the next heir at the common law Register original fol. 227. a. Verdour viridarius commeth of the French verdeur i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his Forest laws pag. 332. defineth him a Iudicial Officer of the Kings forest chosen by the King in the full County of the same Shire within the Forest where he doth dwell and is sworn to maintain and keep the Assises of the Forest and also to view receive and and inroll the Attachments and presentments of all manner of Trespasses of the Forest of vert and venison And the same Author upon the first article of Canutus Charter in the beginning of the same part saith that these in the Saxons times were called Paegened being four in number and they chief men of the Forest as then they were Their Fee was in Canutus time each of them every year of the Kings allowance two horses one of them with a saddle another of them without a saddle one Sword fiue Iavelings one Spear one Shield and ten pounds in mony These four as appeareth by the said Charter num 11. had regalem potestatem and might proceed to a three-fold judgement And if any man offered them or any of them violence if he were a free man he should lose his freedome and all that he had if a villein he should lose his right hand And all the Officers of the Forest were to be corrected and punished by them Ibidem num 10. The Verdour is made by the Kings writ Cromptons jurisd fol. 165. the form of which writ you have in Fitzh nat brev fol. 164. which is directed to the Sheriff for the choise of him in a full County by the assent of the said County Yet if a Verdour be suddenly sick or dead at the time of the Iustice seat a new may be chosen without a writ Manwood parte prim pag.