have been taken for such as a man retains to speak for him in any Court as Advocates and Pledeurs to be another sort as Attorneys for one that is present himself but suffers another to speak for him Countours according to M. Horne are such Sergeants skilful in the Law which serve the common people to defend their Actions in Iudicature for their fee. Countee COuntee so called a comitando because they accompany the King was the most eminent and high dignity from the conquest untill the 11 year of King Ed. 3. when the Black Prince was created Duke of Cornwall and those who of ancient time were created Countees were of the Blood-Royal aud at this day the King in all his appellations stiles them by the name of Our most dear Cousin And for these causes the Law gives them high and great Priviledges and therefore their body shall not be arrested for Debt Trespasse c. because the Law intends that they assist the King with their counsel for the publick good and keep the Realm by their prowesse and valour Also for the same cause they shall not be put in Iuries although it be for the service of the Country And if issue be taken whether the Plaintiff or Defendant be a Countee or not this shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of favour against a Lord of the Parliament because he is intended to attend the publick And of ancient time the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County and now the Sheriff hath all the authority for administration and execution of Iustice which the Countee had Cok. lib. 9. fol. 49. and therefore he is called Viscount Countenance COuntenance seems to be used for Credit or Estimation Old Nat. Brev. 111. in these words The Attaint shall be granted to poor men that will take their oaths they have not any thing whereof to make their Fine saving their Countenance In the same manner it is used 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings Debtors with as much as they may levy with their oaths without abating the Debtors Countenance Countermand COuntermand is where a thing formerly executed is afterward by some act or ceremony made void by the party that hath first done it As if a man hath made his last Will whereby he devises his Land to J. S. and afterwards he infeoffs another of the same Land there this Feoffment is a Countermand to the Will and the Will as to the disposition of the Land is void If a woman seised of Land in fee makes a Will in writing and devises that if A. of B. survives her then she devises and bequeaths to him and his heirs her Land and afterward she entermarries with the said A. of B. there by taking him to husband and coverture at the time of her death the Will is Countermanded But if a Baroness widow retains two Chaplains according to the Statute and takes one of the Nobility to husband and afterwards the husband dies the Reteiner of those two Chaplains remains and they without new Reteiner may take two Benefices for their Reteiner was not determined nor countermanded by such Marriage If a woman makes a Lease at will and afterwards takes an husband this Marriage is no Countermand to the Lease without express matter done by the Husband after the Marriage to determine the Will Also if a Lease be made at will to a woman and she takes an Husband the Lease continues notwithstanding the Marriage and is no Countermand thereunto Counterplea COunterplea is when one brings an Action and the Tenant in his Answer and Plea vouches or calls any man to warrant his Title or prayes in aid of another who hath better Estate than he as of him that is in the Reversion or if one that is a stranger to the Action come and pray to be received to save his Estate if the Demandant reply thereto and shew cause that he ought not to vouch such a one or of such a one to have aid or that such a one ought not to be received this Plea is called a Counterplea to the Voucher Aid or Resceit as the case is But when the Voucher is allowed and the Vouchee comes in and demands what cause the Tenant hath and the Tenant shews his cause and the Vouchee pleads any thing to avoid the Warranty that is called a Counterplea in the Warranty Countie COuntie signifies as much as Shire both containing a compasse or portion of the Realm into which all its land is divided for the better government thereof and more easie administring of Iustice so that there is not any part of the Kingdom that lies not within some County and every County is governed by a yearly Officer whom we call Sheriff who among other duties belonging to his Office puts in execution all the Commandments and Iudgments of the Kings Courts that are to be executed within the compasse Fortesc ' cap. 24 Of these Counties there are four more remarkable than others called County Palatines as Lancaster Chester Durham and Ely an 5. El. c. 23. There was also the County Palatine of Hexam an 33 H. 8. cap. 10. but thereof quaere A County Palatine is of so high a nature that whereas all Pleas touching the life or maihem of a man called Pleas of the Crown are usually held and sped in the Kings name and cannot be passed in the name of any other the chief Governours of these by special Charter from the King heretofore did send out all Writs in their own name and did all things touching Iustice as absolutely as the Prince himself in other Counties onely acknowledging him to be their Superiour and Soveraigne But by the Statute of 27 H. 8. cap. 25. this power was much abridged which fee and Cromp. Jurisdict 137. Besides these two sorts of Counties there are also Counties corporate as appears by the Statute of 3 Ed. 4. 5. and these are certain Cities or ancient Boroughs of the Land upon whom the Princes of this Nation have bestowed such extraordinary Liberties as London York Chester Gloucester and many others County in another signification is used for the County Court which the Sheriff keeps every moneth within his charge either by himself or his Deputy See for this Dal â— on s Office of Sheriffs Of these Counties or Shires there are reckoned to be 37 in England besides the twelve in Wales Court COurt is diversly taken sometimes for the House where the King remains with his ordinary retinue and also the place where Iustice is judicially ministred of which you may find 32 several sorts in Cromp. Jurisd well described And of those the greater part are Courts of Record some are not and therefore accounted Base Courts in comparison of the others Besides these there are also Courts Christian so called because they handle matters chiefly
the Statute of Mag. Charta cap. 14. speaks And therefore if a man be outragiously amerced in a Court not of Record as in a Court-Baron c. there is a Writ called Moderata Misericordia to be directed to the Lord or his Baily commanding them that they take moderate Amerciaments according to the quantity of the fault And of that see Fitzh N. B. fol. 75. A. and Moderata Misericordia after Misnomer MIsnomer is the Mistake of a Name or the using of one Name for another See Broke tit Misnomer Misprision MIsprision is when one knows that another hath committed Treason or Felony and will not discover him to the King or his Council or to any Magistrate but conceals the same Divers other offences are called Misprision as when a Chaplain had fixed an old Seal of a Patent to a new Patent of Non-residence this was held to be Misprision of Treason only and no counterfeiting of the Kings Seal So it is holden in 37 H. 8. Bro. tit Treason 3. in Fine but 2 H. 4. f. 25. A. it is adjudged contrary and Stamf. Pl. cor fol. 3. B. cites it Treason and so it is holden at this day And if a man know Money to be counterfeit and bring the same from out of Ireland hither and utter it in payment yet this is but Misprision of Treason and no Treason and so it is in divers like cases In all cases of Misprision of Treason the Party offendor shall forfeit his Goods for ever and the profits of his Lands for his life and his Body to Prison at the Kings pleasure And for Misprision of Felony or Trespass the Offendor shall be committed to Prison until he have found Sureties or Pledges for his Fine which shall be assessed by the discretion of the Iustices before whom he was convict And note That in every Treason or Felony is included Misprision and where any man hath committed Treason or Felony the King may cause him to be Indicted and Arraigned of Misprision only if he will See more hereof Stamf. lib. 1. cap. 39. Mittimus MIttimus is a Writ by which Records are transferred from one Court to another sometimes immediately as it appears in the Statute of 5. R. 2. cap. 15. as out of the Kings Bench into the Exchequer and sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 H. 8. Dyer fol. 29. a b. 29 H. 8. Dyer fol. 32. a b. This word is used also for the Precept that is directed by a Iustice of Peace to a Goaler for the receiving and safe keeping of a Felon or other Offendor committed by the said Iustice to the Goal Moderata Misericordia MOderata Misericordia is a Writ that lies where a man is amerced in Court-Baton or County more then he ought to be then he shall have this Writ directed to the Sheriff if it be in the County or to the Bayliff if it be in Court-Baron commanding them that they amerce him not but with regard to the quantity of the Trespass and if they obey not this Writ then shall go forth against them a Sicut alias and Causam nobis significes and after that an Attachment Modus decimandi MOdus decimandi is Mony or other thing of value given annually in lie â— of Tithes The tryal of which appertains to the Common Law and not to any Court-Christian Ridley's view del Civil Law 141. In which he says There was one modus decimandi pro omnibus rebus per totum regnum Monstrans de Droit MOnstrans de Droit is a Suit in Chancery for the Subject to be restored to Lands and Tenements which he shews to be his Right but are by Office found to be in the possession of another that is lately dead by which Office the King is intitled to a Chattel Free-hold or Inheritance in the said Lands And this Monstrans de Droit is give by the Statutes of 34 E. 3. cap. 14. and 37 E. 3. cap. 13. See Coke lib. 4. fol. 54. B. in the Case of the Wardens and Commonalty of Sadlers Shewing of Deeds or Records SHewing of Deeds or Records is thus An Action of Debt is brought against A upon an Obligation by B or by Executors c. After the Plaintiff hath declared he ought to shew his Obligation and the Executor the Testament to the Court. And so it is of Records And the diversity between Shewing of Deeds or Records and Hearing of Deeds or Records is this He that pleads the Deed or Record or Declares upon it ought to shew the same and the other against whom such Deed or Record is pleaded or declared and is thereby to be charged may demand hearing of the same Deed or Record which his Adversary brings or pleads against him Monstraverunt MOnstraverunt is a Writ that lies for the Tenants in Ancient Demesne and is directed to the Lord him commanding not to Distain his Tenant to do other Service then he ought and they may have this Writ directed to the Sheriff that he suffer not the Lord to distrain the said Tenant to do other Service If the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Iustices and all the names of the Tenants shall be put in the Writ though but one of them be grieved Also if any Land in ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ which is called of Right close after the Custome of the Mannor and that shall be alway brought in the Lords Court and thereupon he shall declare in the nature of what Writ he will as his case lies and this Writ shall not be removed but for a great cause or non-non-power of the Court. Also if the Lord in another place out of ancient Demesne distrain his Tenant to do other Service then he ought he shall have a Writ of Right called Ne Injuste vexes and it is a Writ of Right Patent which shall be tried by Battel or Grand Assise Mortdancester MOrtdancester See before in the Title Cosinage MOrtgage or Morgage MOrtgage or Morgage is when a Man makes a Feoffment to another on such condition that if the Feoffor pay the Feoffee at a certain day 40 li. of money then the Feoffor may re-enter c. In this case the Feoffee is called Tenant in Morgage And as a Man may make a Feoffment in Fee in Morgage so he may make a Gift in Tail or a Lease for Life or Years in Morgage And it seems the cause why it is called Morgage is for that it stands it doubt whether the Feoffoe will pay the mony at the day appointed or not and if he fail then the Land which he laid in gage upon condition of payment of the money is gone from him for ever and so dead to him upon condition but if he pay the mony then is the gage dead
ustome of the Mannor and the Monstraverunt to discharge them when their Lord distrains them to do other Services than they ought This Writ of Monstraverunt ought to be brought against their Lord and these Tenants hold all by one certain Service and are free Tenants of Ancient Demesne Soccage in base Tenure is where a man holds in Ancient Demesne that may not have the Monstraverunt and for that it is called the base Tenure Sockmans SOckmans are the Tenants in Ancient Demesne that held their Lands by Soccage that is by Service with the Plow and therefore they are called Sockmans which is as much to say as Tenants or men that hold by Service of the Plow or Plow-men For Sok signifies a Plow And these Sockmans or Tenants in Ancient Demesne have many and divers Liberties given and granted them by the Law as well those Tenants that hold of a common person as those that hold of the King in Ancient Demesne as namely to be free from paying Toll in every Market Fair Town and City throughout the whole Realm as well for their Goods and Chartels that they sell to others as for those things that they buy for their Provision And thereupon every of them may sue to have Letters Patents under the Kings Seal directed to his Officers and to the Mayors Bayitffs and other Officers in the Realm to suffer them to be Toll-free to be exempt from Leets and Sheriffs Turns also to be quit of Pontage Murage and Passage as also of Taxes and Tallages granted by Parliament except that the King tax ancient Demesne as he may at his pleasure for some great cause to be free from payments toward the expences of the Knights of the Shire that come to the Parliament And if the Sheriff will distrain them or any of them to be contributary for their Lands in Ancient Demesne then one of them or all as the case requires may sue a Writ directed to the Sheriff commanding him that he do not compel them to be contributary to the expences of the Knights And the same Writ doth command him also that if he have already distrained them therefore that he redeliver the same Distress Also that they ought not to be impannelled nor put in Iuries and Enquests in the Country out of their Mannor or Lordship of Ancient Demesne for the Lands that they held there except that they have other Lands at the Common Law for which they ought to be charged And if the Sheriff do return in Pannels then they may have a Writ directed to him De non ponendis in Assisis Juratis And if he do the contrary there lies an Attachment against him And so it is also if the Bailiffs of Franchises that have return of Writs will return any of the Tenants which hold in Ancient Demesue in Assises or Iuries Sodomy SOdomy in the Indictment for this offence it is said Rem veneream habuit peccatum illud Sodomiticum inter Christianos non nominandum felonice commisit Spoliation SPoliation is a Suit for the Fruits of a Church or for the Church it self it is to be sued in the Spiritual Court and not in the Temporal And this Suit lies for one Incumbent against another where they both claim by one Patron and where the right of the Patronage doth not come in question or debate As if a Parson be created a Bishop and hath dispensation to keep his Benefice and afterward the Patron presents another Incumbent which is instituted and inducted now the Bishop may have against that Incumbent a Spoliation in the Spiritual Court because they claim both by one Patron and the right of the Patronage doth not come in debate and because the other Incumbent came to the possession of the Benefice by the course of the Spiritual Law that is to say by Institution and Induction so that he hath c â— lour to have it and to be Parson by the Spiritual Law for otherwise if he be not instituted and inducted c. Spoliation lies not against him but rather a Writ of Trespass or an Assise of Novel disseisin c. So it is also where a Parson who hath a Plurality doth accept another Benefice by reason whereof the Patron presents another Clerk who is instituted and inducted now the one of them may have Spoliation against the other and then shall come in debate whether he has a sufficiene Plurality or not And so it is of Deprivation c. The same law is where one saith to the Patron that his Clerk is dead whereupon he presents another there the first Incumbent who was supposed to be dead may have a Spoliation against the other And so it is in divers other like cases whereof see Fitz. Natura Br. f. 36. G. c. Stablestand STablestand is a term of the Forrest Laws when one is sound standing in the Forrest with his Bow bent ready to shoot at any Deer or with his Grey-hounds in a Lease ready to slip See Manw. Forest Laws cap. 18. fol. 133. b. Stallage STallage signifies money paid for pitching Stalls in Fairs or Markets or the right of doing it Standard STandard See Estandard Stannary STannary are Courts by ancient custom held in Cornwal for suits concerning the Trade of Tin Statute-Merchant TO hold by Statute-Merchant is where a man acknowledges to pay mony to another at a certain day before the Mayor Bailif or other Warden of any Town that hath power to make execution of the same Statute and if the Obligor pay not the Debt at the day and nothing of his Goods Lands or Tenements may be found within the Ward of the Mayor or Warden aforesaid but in other places without then the Recognisee shall sue the Recognisance and Obligation with a Certification to the Chancery under the Kings Seal and he shall have out of the Chancery a Capias to the Sheriff of the County where he is to take him and to put him in prison if he be not a Clerk till he have made satisfaction for the Debt And one quarter of a year after he is taken he shall have his Land delivered to himself to make gree to the party for the Debt and he may sell his Land while he is in prison and his sale shall be good And if he do not make satisfaction within a quarter of a year or if it be returned that he is not found and if he be not a Clerk then the Recognisee may have a Writ out of the Chancery called Extendi facias directed to any Sheriff to extend his Lands and Goods and to deliver the Goods to him and to scise him in his Lands to hold them to him his Heirs and Assigns till the Debt be levied or payed and for that tune he is Tenant by Statute-Merchant Note that in a Statute-Merchant the Recognisee shall have Execution of all the Lands which the Recognisor had the day of the Recognisance made and any time after by force of the
but he may enter and his Entry is lawful by R. Thorpe chief Justice 28 E. 3. 96. 45 E. 3. 25. Tales TAles is a Supply of men impannelled upon a Iury or Inquest and not appearing or at their appearance challenged for the Plaintiff or Defendant as not indifferent and in this case the Iudge upon Petition grants a Supply to be made by the Sheriff of some nien there present equal in Reputation to those that are impanneled and hereupon the very act of supplying is called a Tales de circumstantibus This Supply may be one or more and of as many as shall either make Default or else be challenged by each party Stamf. Plac. Cor. l. 3. c. 5. Howbeit he that hath had one Tales either upon default or challenge though he may have another yet he may not have the latter to contain so many as the former for the first Tales ought to be under the number of the principal Pannel except in a cause of Appeal and so every Tales less then other until the number be made up of men present in Court and such as are without exception to the party or parties See Stamford in the place before where you may find some exceptions to this general Rule See Brook f. 105. and Coke l. 10. f. 99. Bewfages Case Talwood TAlwood is a term used in the Statutes of 34 35 H. 8 c. 3. and 7 E. 6. c. 7. and 43 Eliz. cap. 14. and signifies such Wood as is cut into shore Billets for the sizing whereof those Statutes were made Tax and Tallage TAx and Tallage are Payments as Tenths Fifteens Subsidies or such like granted to the King by Parliament The Tenants in Ancient demesne are quit of these Taxes and Tallages granted by Parliament except the King to tax Ancient demesne as he may when he thinks good for some great cause See Ancient demesne Tenant Paravail TEnant Paravail See Paravail Tender TEnder is an act done to save a penalty of a Bond and of Mony for Rent or Contract before Distress or Action brought and where it may be pleaded and where refusal is peremptory Vide Coke 1 Institut 207 208 211. uncore prist Tenure in Capite TEnure in Capite is where any hold of the King as of his Person being King and of his Crown as of a Lordship by it self in gross and in chief above all other Lordships And not where they hold of him as of any Mannor Honor or Castle except certain ancient Honors which appears in the Exchequer See the Stat. 12 Car. 2. cap. 24. Term of years TO hold for term of years is but a Chattel in effect 〈◊〉 no Action is maintainable against the Termour for recovery of the Free-hold no Free-hold being in him A Lease for Term of years is a Chattel real and all Goods which are removeable are Chattels personal Testament TEstament is thus defined in Plowdens Commentaries A Testament is a Witness of the mind and is compounded of these two words Testatio and Mentis which so signifie Truth it is that a Testament is witness of the mind but that it is a compound word Aulus Gelius lib. 6. cap. 12. doth deny to an excellent Lawyer Servius Sulpitius and saith it is a simple word as are these Calceamentum Paludamentum Paviamentum and divers such like And much less is Agreeamentum a compound Word of Aggregatio and Mentium as is said before in the Title of Agreement for there is no such Latine word simple or compound but it may nevertheless serve well for a Law-Latine word And therefore thus it may better be defined A Testament is the true Declaration of our last Will in that we would to be done after our death c. Of Testaments there are two sorts namely a Testament in Writing and a Testament in Words which is called a Nuncupative Testament which is when a Man being sick and for fear lest death want of memory or speech should come so suddenly upon him that he should be prevented if he staid the writing of his Testament desires his Neighbors and Friends to bear witness of his last Will and then declares the same presently by words before them which after his decease is proved by Witnesses and put in writing by the Ordinary and then stands in as good force as if it had at the first in the life of the Testator been put in Writing except onely for Lands which are not devisable but by a Testament put in Writing in the Life of the Testator Thanus THanus is a word which sometimes signifies a Noble-man sometimes a Free-man a Magistrate an Officer or Minister Lambert in the word Thanus Skene saith it is a name of dignity and appears to be equal with the son of an Earl And Thanus was a Free-holder holding his Lands of the King and a man taken with the manner accused of Larceny no sufficient proof being brought against him must purge himself by the Oath of 27 men or 3 Thanes The Kings Thanage signifies a certain part of the Kings Lands or property whereof the rule and government appertains unto him who therefore is called Thanus for the Kings Demains and the Kings Thanage signifies one and the same thing Theftbote THeftbote is when a man takes any Goods of a Thief to favor and maintain him and not when a man takes his own Goods that were stoln from him c. The punishment in ancient time of Theftbote was of Life and member But now at this day Stamford saith it is punished by Ransom and Imprisonment But enquire farther for I think it is Felony Them THem that is That you shall have all the generations of your Villains with their Suits and Cattel wheresoever they shall be found in England except that if any Bond-man shall remain quiet one year and a day in any Priviledged Town so that he shall be received into their Communalty or Guild as one of them by that means he is delivered from Villenage Tithes TIthes See Dismes Title TItle is where a lawful cause is come upon a Man to have a thing which another hath and he hath no Action for the same as Title of Mortmain or to enter for breach of Condition Title of Entry TItle of Entry is when one seised of Land in Fee makes a Feoffment thereof upon Condition and the Condition is broken after which the Feoffor hath Title to enter into the Land and may so do at his pleasure and by his Entry the Free-hold shall be said to be in him presently And it is called Title of Entry because he cannot have a Writ of Right against his Feoffee upon Condition for his right was out of him by the Feoffment which cannot be reduced without Entry and the Entry must be for the breach of the Condition Toft TOft is a place wherein a House once stood but is now all fallen or pulled down Tol or Tolne TOl or Tolne is most properly a payment used in Cities Towns Markets and
Winchester 13 Edw. 1. which appoints for the conservation of the Peace and view of Armour two Constables in every Hundred and Liberty and these are at this day called High Constables because the increase of people and offences hath again under these made others in every Town called Pe ◠ie Constables who are of the like nature but of inferiour authority to the other Besides these there are Officers of particular places called by this name as Constable of the Tower Stan. 152. 1 H. 4. 13. Constable of the Exchequer 15 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. pag. 239. F. N. B. otherwise called Castellain Manw. part 1. cap. 13. of his Forest Law makes mention of a Constable of the Forest Customes and Services See Prescription CUstomes and Services is a Writ and lies where I or my ancestors after the limitation of Assise for which see the Title of Limitation in the Collection of Statutes were not seised of the Customes or Services of the Tenant before then I shall have this Writ to recover those Services Also the Tenant may have this Writ against his Lord but after the Tenant hath declared the Lord shall defend the words of the Declaration and replying shall say that he distrained not for the Customes whereof the Declaration is and then he shall declare all the Declaration of the Customes and Services and then the Tenant who was Plaintiff shall become Defendant and shall defend by Battel or great Assise Consultation COnsultation is a Writ whereby a Cause being formerly removed by Prohibition out of the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Iudges of the Kings Court comparing the Libell with the Suggestion of the party find the Suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a Consultation Of this you may read the Regist Orig. fol. 44. untill fol. 58. Old Nat. Brev. fol. 32. Fitzh Nat. Brev. fol. 50. Contenement COntenement seems to be the Freehold-land that lies to the Tenement or Dwelling-house that is in his own occupation for in Magna Charta cap. 14. there are these words A Free-man shall not be amerced for a small fault but according to the quantity of the fault and for a great fault according to the manner thereof saving unto him his Conteuement or Free-hold And a Merchant shall also be amerced saving to him his Merchandizes and a Villain saving to him his Wainage Continual Claime COntinual claim is where a man hath right to e ◠ter into certain lands whereof another is seised in Fee or Fee-tail and dares not enter for fear of death or beating but approaches as nigh as he dares and makes Claim thereto within the year and day before the death of him that hath the Lands if that he who hath the Land die seised and his Heir is in by discent yet he that makes such Claim may enter upon the Heir notwithstanding such discent because he hath made such Continual claim But such Claim must always be made within the year and the day before the death of the Tenant for if such Tenant do not die seised within a year and a day after such Claim made and yet he that hath right dares not enter then it behoves him that hath such right to make another Claim within the year and day after the first Claim and after such second Claim to make the third Claim within the year and day if he will be sure to save his Entry But if the Disseisor die seised within the year and day after the Disseisin and no Claim made then the entrie of the Disseisee is taken away for the year and day shall not be taken from the time of the title of the Entry to him grown but only from the time of the last Claim by him made as is aforesaid See more hereof in Littl. li. 3. c. 7. and see the Stat. 32 H. 8. cap. 33. Continuance COntinuance in the Common Law is of the same signification with Prorogatio in the Civil as Continuance until the next Assise Fitzh Nat. Brev. 154. f and 244. d. in both which places it is said That if a Record in the Treasury be alledged by the one party and denyed by the other a Certiorari shall be sued to the Treasurer and the Chamherlain of the Exchequer and if they do not certifie in the Chancery that such Record is there or that it is like to be in the Tower the King shall send to the Iustices repeating the said Certificate and commanding them to continue the Assise In this signification it is also used by Kitchen 202. and 119. also Anno 11 H. 6. cap. 4. Contract COntract is a Bargain or Covenant between two parties where one thing is given for another which is called Quid pro quo as if I sell my Horse for money or if I covenant to make you a Lease of my Mannor of Dale in consideration of twenty pound that you shall give me these are good Contracts because there is one thing for another But if a man make promise to me that I shall have xx s. and that he will be debtor to me thereof and after I ask the xx s. and he will not deliver it yet I shall never have any Action to recover this xx s. because this Promise was no Contract but a bare Promise and Ex nudo Pacto non oritur Actio But if any thing were given for the twenty shillings though it were but to the value of a peny then it had been a good Contract Contra forma Collationis COntra formam Collationis is a Writ that lies where a man hath given Lands in perpetual Almes to any of the late Houses of Religion as to an Abbot and Convent or other Soveraign or to the Warden or Master of any Hospital and his Covent to find certain poor men and to do other Divine Service if they alien the Lands then the Donor or his heirs shall have the said Writ to recover the Land But this Writ shall be alway brought against the Abbot or his successor and not against the Alienee although he be Tenant but in all other Actions where a man demands Free-hold the Writ shall be brought against the Tenant of the Land See the Stat. West 2. cap. 41. Contra formam Feoffamenti COntra formā Feoffamenti is a Writ that lies where a man before the Statute of Quia emptores terrarum made 18 Edw. 1. infeoffed another by Deed to do certain Service if the Feoffor or his heirs distrain him to do other Service then is comprised in the Deed then the Tenant shall have this Writ commanding him not to distrain him to do other Service then is comprised in the Deed. But this Writ lies not for the Plaintiff who
grieve Auxy si a â— cun Terre en Ancient demesne soit en variance enter les Fenants donques le Tenant issint grieve avera vers auter Brief quod vocatur Droit close secundum Confuetudinem Manerit ceo serra touts foits port en le Court le Seigniour sur ceo il countera en le nature de quel brief il voit come son case gist cest Brief ne serra remove si non pÌ„ grand cause ou non-non-power de le Court. Auxy si le SnÌ„r en auter lien hors de ancient Demesne distraine son Tenant de faire auter Service que il doit il avera Brief de Droit appelle Ne injuste vexes cest un Brief de Droit Patent que serra trie per Battel ou Grand Assise Mortdancester MOrtdanc st â— r â— Vide devant en le Title Cosinage Mortagage ou Morgage MOrtgage ou Morgage est quant un fait un Feoffment a un auter sur tiel condition que si le Feoffor paya al Feoffee a certain jour 40 l. â— argent que adonque le Feoffor poit re-enter c. En ceo case le Feoffee est appel Tenant en Morgage Et ficome un home poit faire Feoffment en Fee en Morgage issint il poit faire DonÌ„ en taile ou Lease pÌ„ vie ou pÌ„ ans en Morgage Et il semble que la cause pÌ„ que il est appel Morgage est pur ceo que il estdit en anrust si le Feoffor voile payer al jour limit l' argent ou non si il ne paya pas donque le Terre que il mist en gage sur condition 〈◊〉 paymÌ„t â— le money est ale de luy a touts jours issint mort a luy sur coÌ„dition mes si il paya le money donques est le gage mort qnÌ„t a le Tenant cestascavoit le Feoffee Et pÌ„ cest cause il est appel en Latine Mortuum vadium come Littleton dit ou Mortuum vas come jeo pense Auxy si FeoffmÌ„t soit fait eÌ„ Morgage sur condition que si le Feoffor paya tiel summe a tiel jour c. le Feoffor morust devant le jour unco â— si le Heire le Feoffor paya le summe a mesme le jour al Feoffee le Feoffee ceo refusa le Heire le Feoffee poit enter Mes en tiel case si n â— soit ascun jour de payment expresse donques tiel Tender del Heire est voide pur ceo que quant le Feoffor morust le temps del Tender est passe autermÌ„t les Heires le Feoffor averont temps del Ten â— a touts jours que serra inconvenient qÌ„ un avera un Fee-simple a luy ses HeirÌ„s defeasible touts foits a le pleasure volunt de auters Mes en le primer case l' teÌ„ps del sender ne fuit expire per la mort le Feoffor Mortmaine MOrtmaine lou Terres sont dones a Meason 〈◊〉 Religion ou a un auter Companie qÌ„ sont corporate ê‘ le Grant le Roy cest TreÌ„ est devenus eÌ„ Mortmaine cest adire en Anglois a dead hand donque le Roy ou le SnÌ„r de que le TrÌ„e est tenus poit entre come appiert per le Statute de Religiosis Auxy cy un fait Feoffment sur confidence a certain persons al oeps de un meason de Religion ou al oeps de ascun G â— ld ou Fraternity corporate il serra dit Mortmain il encourage mesmÌ„ le pain ut patet per l' Statute Anno 15 R. 2. Mortuary MOrtuary Mortuarium est ceo Aver ou auter Chattel moveable que apres le mort del owner per le Custome des ascuns lieus accrue al Parson Vicar ou Priest del Paroche en lieu ou satisfaction des Dismes ou Oblations oblites on nient duement payes ê‘ cestuy que est mort Veies ore l' Statute de 21 H. 8. cap. 6. que limit le course order del payment de ceux Mortuaries ou de deniers pur eux Mulier MUlier est up ê‘ol use en nostre Ley mes coÌ„e aptmÌ„t jeo nepoy dier car accordaÌ„t al ê“per significatioÌ„ Mulier est Foemina corrupta sicome il est use ê‘ Ulpianus en tiel manÌ„ Si ego me VirginÌ„ emere putarem cum esset Mulier emptio non valebat Per c ' poyes veir que Mulier est un Feme que ad ew le coÌ„panie â— uÌ„ hoÌ„e Mes a relinquisher l' droit significant Mulier est prise en nostre Ley pur uÌ„ que est loyalment engeÌ„der nee est touts foits contradistinguished ovesque uÌ„ Bastard solemÌ„t pÌ„ monstre un differeÌ„ce pent ' eux coÌ„e pÌ„ example Un hoÌ„e ad un Fitz ê‘ un Feme devant Marriage cest issue est un Bastard illoyal apÌ„s il marrie ove le Mere del Bastard ont un aut ' Fitz cest second Fitz est appelle Mulier cest adire loyal serra Heire a son pere mes le auter ne poit estre Heire al ascun home pur ceo que il nest conus ne certaine en le judgement del Ley que fuit son Pere pur cest cause est dit destre nullius filius ou filius populi issint sans Pere accordant al cestuy veil verses Cui Pater Populus Pater est sibi nullus omnis Cui Pater est Populus non habet ipse Patrem Et touts foits vous troves cest addition al eux Bastard eigne Mulier puisne quant ils sont compare ensemble Muniments MUniments Munimenta sont EvideÌ„ces ou Escripts touchants le Possession ou Inheritance dascun home per queux il est able pur defâ—nd ' l'Eâ—â—ate que il ad Et ils sont issint appels del Latin parol Muvio que signifie pur defender ou fortifier Et 35 H. 6. f. 37. b. Wangford dit que cest parol Muniment include touts manners des Evidences viz. Charters Releases auters Murage MUrage Muragium est un Tolle ou Tribute levie pur l' Repairer ou edifier des publique Mures Veies Fitzh N. B. fol 227. D. l' Stat. 3 E. 1. cap. 30. Murder MUrder est un voluntarie Occider 〈◊〉 un home sur malice prepense semble â— e vener de le Saxon parol Mordren que issint signifie Et Mordridus eÌ„ le Murderer tanque al cest jour ent ' eux in Saxony â—que nous avomus mults 〈◊〉 nostrÌ„ parolx come ad estre sovent dit Ou poit estre derive de Mort dire quasi Mors dira Veies Stanf. Plees del Coron lib. 1. Muster MUster venust del parol Francois Monstrer id est Monstrare car de muster nest riens forsque de monstre homes lour Armes d'eux inroller en un Livre come appiert ê‘ l'Stat de 18 H. 6. cap. 19.