Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors 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 and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
Cosoning and New Book of Entries verbo Disceit Decenna and Decenniers See Deciners Decennary Decennaria The Limits or Compass of ten Friburghs See Deciners Deceptione Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another Fitz. Nat. Br. fol. 95. And is either Original or Judicial as appears by Old Nat. Br. fol. 50. where you may read the use of both to this effect This Writ of Deceit when it is Original lies where deceit is used to a Man by another by not sufficiently performing a Bargain or Promise or by using some Guile whereby he may be disinherited or evil intreated c. And when Judicial it lies out of the Rolls of Record as in the Case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff returns the Writ served whereas the Party was not warned whereby he that sues the scire facias recovers then the Party who ought to have been warned shall have the said Writ against the Sheriff See Reg. of Writs fol. 112. and Reg. Judicial in the Table verbo Deceptione Decies tantum Is a Writ that lies against a Juror who hath taken Money for giving his Verdict called so of the effect because it is to recover ten times so much as he took It lies also against Embracers that procure such an Enquest Anno 38 Ed. 3. ca. 13. Reg. of Writs fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries verbo Decies tantum Decimation Decimatio the punishing every tenth Souldier by Lot was termed Decimatio Legionis Also a tithing or paying the tenth part What Decimation was in the late Usurpers time 1655 is still in the Memory of many good Subjects of this Realm See Tenths Decimis solbendis pro possessionibus alienigenarum Is a Writ or Letters Patent yet extant in the Register which lay against those that had farmed the Priors aliens Lands of the King for the Rector of the Parish to recover his Tyth of them Reg. of Writs fol. 179. Deciners alias Decenniers alias Doziners Decenarii Decearchi Signifie in the Ancient Monuments of our Law such as were wont to have the oversight and check of the Friburghs for Maintenance of the Kings Peace And the limits or compass of their Jurisdiction was call'd Decenna Bracton lib. 3. Tract 2. ca. 15. of whom you may also read Fleta lib. 1. ca. 27. And Reg. of Writs fol. 98. b. These seemed to have large Authority in the Saxons time taking knowledge of Causes within their Circuit and redressing Wrongs by way of Judgment and compelling Men thereunto as you may read in the Lawes of K. Edward the Confessor published by Lambert Numb 32. In later times I find mention of them as in Britton ca. 12. who sayes in the Kings Person for so he Writes his whole Book We will that all those who are 14 years old shall make Oath That they shall be sufficient and loyal to Us and neither be Felons nor assenting to Felons And We will That all Profess themselves to be of this or that Dozein and make or offer Surety of their Behaviour by these or those Doziners except Religious Persons Clerks Knights eldest Sons and Women Yet the same Author in his 29th Chap. sayes all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn except Earles Prelates Barons Religious persons and Women Stamf. Pl. Cor. fol. 37. has these words The like Law is where the Dozeniers make Presentment that a Felon is taken for Felony and delivered to the Sheriff c. And Kitchin fol. 33. thus Religious persons Clerks Knights or Women shall not be Deceniers A Dozein seems now to extend so far as every Leet extends because in Leets onely this Oath is Ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the Precinct of the Leet where they are sworn Fitz. Nat. Br. fol. 261. a. The particulars of this Oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. who sets down fifteen years for the age of those that are to be sworn to the Kings Peace but afterwards names twelve years See Inlaugh We may note out of the Premisses a diversity between the ancient and these modern times in this Point of Law and Government as well in the age of those who are to be sworn as also that Decennier is not now used for the chief Man of a Dozein but for him that is sworn to the Kings Peace and lastly That now there are no other Dozeins but Leets and that no Man ordinarily gives other security for keeping the Kings Peace but his own Oath and that therefore no Man answers for anothers transgression but every Man for himself See Frank-pledge and 2 Part. Inst fol 73. Declaration Declaratio Is properly the shewing forth or laying down in writing the Cause of Action in any sute at Law wherein the party supposes to have wrong This in an Action Real is properly called a Count which ought to contain Demonstration Declaration and Conclusion In Demonstration are contained three things viz. Who complains against whom and for what matter In the Declaration there ought to be comprised how and in what manner the Action rose between the parties when what day year and place and to whom the Action shall be given And in the Conclusion he ought to aver and proffer to prove his sute and shew the damage he hath sustained by the wrong done him Terms de la Ley. Decretals Decretales Are a Volume of the Canon Law so called or Books containing the Decrees of sundry Popes or a Digestion of the Canons of all the Councils that pertained to one Matter under one Head Dedi as if it be said in a Feoffment I. S. hath Given granted c. It is a Warranty in Law to the Feoffee and his Heirs Coke on Littl. fol. 384. a. Dedimus Potestatem i. We have given power Is a Writ whereby Commission is given to one or more private persons for the speeding of some Act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party who is to do something before a Judge or in a Court is so weak he cannot travel It is used in divers Cases as to take a Personal Answer to a Bill of Complaint in Chancery to examine witnesses in a Cause depending in that Court to levy a Fine c. West part 2. Symbol tit Fines sect 112. and divers other as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs verbo Dedimus Potestatem Déed Factum Is an Instrument written in Parchment or Paper consisting of three things viz. Writing Sealing and Delivery and comprehending a Contract or Bargain between party and party Of which there are two sorts Deeds Indented and Deeds
a long time first sending to the Sheriff of Middlesex to Summon the Party and if he could not be found there then to apprehend him wheresoever But afterwards by the contrivance of Clerks and upon a pretence of Expedition of Justice it was at last devised to put both these Writs into one and so to attach the party complained of upon a Supposal or Fiction that he was not within the County of Middlesex but lurking elswhere and that therefore he was to be apprehended in any place else where he was presumed to lie hid by a Writ directed to the Sheriff of the County where he is suspected to be Launcegays Anno 7 Rich. 2. cap. 13. A kinde of offensive Weapons now disused and prohibited by the said Statute Law Lex From the Saxon Lag or Laugh The Law of England is divided into Three Parts The Common Law which is the most Ancient and General Law of the Realm Statutes or Acts of Parliament and thirdly Particular Customs I say particular for if it be the General Custom of the Realm it is part of the Common Law Coke on Littl. fol. 15. b. Bracton defines it to be Sanctio justa jubens honesta prohibens contraria And the Divine Schoolman says Lex humana est quoddam dictamen rationis quo diriguntur humani actus See Merchenlage Law hath also a special signification wherein it is taken for that which is lawful with us and not elswhere As Tenant by the curtesie of England Anno 13. Edw. 1. cap. 3. To Wage Law Vadiare Legem and to make or do Law Facere Legem Bracton lib. 3. tract 2. cap. 37. When an Action of Debt is brought against one upon some secret Agreement or Contract as in an Action of Detinue for Goods Money or Chattels lent or left with the Defendant the Defendant may wage his Law if he will that is swear and certain persons with him that he detains not the Goods or ows nothing to the Plaintiff in Manner and Form as he hath declared which is intended by Law to be onely in case of the Plaintiffs want of Evidence and when he cannot prove his Surmise by any Deed or open Act. When one wages his Law he shall bring with him so many of his Neighbors as the Court shall assign Sir Edward Coke says Eleven to swear with him That they think in their Consciences he hath sworn truly who in the Civil Law are called Compurgators The offer to make the Oath is called Wager of Law and when it is accomplished it is called The making or doing of Law See Glanvil lib. 1. cap. 9. 12. Anciently Laga was used as Latin for Law Lagam Regis Edwardi vobis reddo c. Magna Char. Hen. 1. Anno 1 Rich. 3. cap. 2. 31 Hen. 6. cap. 6. Coke on Littl. fol. 155. 295. who says it is called Wager of Law because in old time the party did ingage with surety to make his Law by such a day Legem vadiare est cautionem dare de perimplendo Legis exigentiam in re litigata ut de praestando Sacramento ad indictam diem cum indicto consacramentalium seu conjuratorum numero Spelman And was a Custom anciently used among the Egyptians as Boemus in his Book De moribus Gentium informeth us Lawyer Legista Legisperitus Jurisperitus Our Saxons called him Lahman Law of Merchants Lex Mercatoria Is become a part of the Laws of this Realm for if there be two Joynt-Merchants of Wares and Merchandise and one of them dies his Executor shall have the moyety which is not so in the case of others not Merchants Coke on Littl. fol. 182. Anno 13 Edw. 1. stat 3. 27 Edw. 3. cap. 8. Law Spiritual Lex Spiritualis Is the Ecclesiastical Law allowed by the Laws of this Realm which is not against the Common Law whereof the Kings Prerogative is a principal part nor against the Statutes and Customs of the Realm And regularly according to such Ecclesiastical Laws the Ordinary and other Ecclesiastical Judges do proceed in Causes within their Cognizance Coke on Littl. fol. 344. Law of the Staple 27 Edw. 3. stat 2. cap. 22. Is the same with Law-Merchant See 4 Inst fol. 237 238. And Staple Law of Marque Anno 27 Edw. 3. stat 2. cap. 17. From the German word March i. Limes a Bound or Limit because they that are driven to make use of this Law do take the Shipping or Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can take them within their own Bounds or Precincts See Reprisals Law-day Is otherwise called View of Frank-pledge or Court Leet Anno 1 Edw. 4. cap. 2. it is used for the County Court. Et quod terrae eorum imperpetuum quietae sint de sectis Comit atuum Hundredorum nostrorum de visu Franci plegii Lawdayorum de Turno auxilio Vicecomitum c. Carta 39 Hen. 3. m. 5. Lawing of Dogs Mastiffs must be lawed every three years Cromp. Jur. fol. 163. that is Three Claws of the Fore-foot shall be cut off by the Skin Char. Forestae cap. 6. or the Ball of the Forefoot cut out See Expeditate and Pèllota Lawless Court On Kingshil at Rochford in Essex on Wednesday morning next after Michaelmas day at Cockscrowing Is held a Court vulgarly called The Lawless Court They whisper and have no Candle nor any Pen and Ink but a Coal and he that ows Sute or Service and appears not forfeits double his rent every hour he is missing This Court belongs to the Honor of Raleigh and to the Earl of Warwick and is called Lawless because held at an unlawful or lawless hour or Quia dicta sine lege The Title of it in the Court Rolls runs thus Kingshil in Rochford ss CUria de Domino Rege Dicta sine Lege Tenta est ibidem Per ejusdem consuetudinem Ante ortum solis Luceat nisi polus Senescallus solus Nil scribit nisi culis Toties voluerit Gallus ut cantaverit Per cujus soli sonitus Curia est summonita Clamat clam pro Rege In Curia sine Lege Et nisi citò venerint Citiùs paenituerint Et nisi clam accedant Curia non attendat Qui venerit cum lumine Errat in regimine Et dum sunt sine lumine Capti sunt in crimine Curia sine cura Jurati de injuria Tenta ibidem die Mercurii ante Diem proximi post Festum Sancti Michaelis Arch angeli Anno regni Regis c. This Court is mentioned in Cam. Britan though imperfectly who says this servile attendance was imposed on the Tenants for conspiring at the like unseasonable time to raise a Commotion fol. 441. Lawless-Man Sax. Laugheles-Man exlex Is otherwise called an Outlaw Pro exlege tenebitur cum Principi non obediat nec legi tunc utlagabitur sicut ille qui est extra legem sicut Laugheles-man Bract. lib. 3. Corona
it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâ—isum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of common-Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
revoked When a Parson is made Bishop there is a Cession of his Benefice by the Promotion but if the King gives him power to retain his Benefice he shall continue Parson and is said to hold it in Commendam Hob. Rep. fol. 144. Latches Rep. fol. 236 237. See Ecclesia commendata in Gloss x. Scriptor Comminalty Fr. Communauté Includes all the Kings Subjects So in Art super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre signifies all the People of England 2 Inst fol 539. Commissary Commissarius Is a Title of Ecclesiastical Jurisdiction appertaining to such a one as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City as the Chancellor cannot call the Subjects to the Bishops Principal Consistory without their too great molestation This Commissary is by the Canonists called Commissarius or Officialis foraneus Lyndwoods Provin cap. 1. And is ordained to this special end that he supply the Bishops Jurisdiction and Office in the out places of the Diocess or else in such Parishes as are peculiar to the Bishop and exempted from the Jurisdiction of the Arch-deacon For where either by Prescription or Composition Arch-deacons have Jurisdiction within their Arch-deaconries as in most places they have this Commissary is but superfluous and oft-times vexations to the people Therefore the Bishop taking Prestation Money of his Arch-Deacons yearly Pro exteriori Jurisdictione as it is ordinarily called does by super-onerating their circuit with a Commissary not onely wrong Arch-deacons but the poorer sort of Subjects much more Cowel and see 4 Inst fol. 338. Commission Commissio Is with us as much as delegatio with the Civilians and is taken for the Warrant or Letters Patent which all Men exercising Jurisdiction either ordinary or extraordinary have to authorise them to hear or determine any cause or action Of these see divers in the Table of the Reg. of Writs and see Broke tit Commission yet this word is sometimes extended farther then to Matters of Judgment as the Commission of Purveyors or Takers Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute for taking away Purveyance Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament 17 Car. 1. cap. 11. and that again explained by another Act 13 Car. 2. cap. 12. Commission of Association mentioned 18 Eliz. cap. 9. Is a Commission under the Great Seal to associate two or more learned persons with the several Justices in the several Circuits and Counties in Wales Commission of Anticipation Was a Commission under the Great Seal to collect a Subsidy before the day Anno 15 Hen 8. Cokes 12 Rep. fol. 120. Comission of Rebellion Commissio Rebellionis Is otherwise called a Writ of Rebellion and Issues when a Man after Proclamation issued out of the Chancery and made by the Sheriff to present himself under pain of his allegiance to the Court by a certain day appears not And this Commission is directed by way of command to certain persons three two or one of them to apprehend or cause to be apprehended the party as a Rebel or contemner of the Kings Laws wheresoever they finde him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned The Form of it you have in West Tract Touching proceedings in Chancery Sect. 24. Commissioner Commissionarius Is he that hath Commission as Letters Patent or other lawful Warrant to execute any Publick Office as Commissioners of the Office of Licences of Alienation West Part. 2. Symb. Tit. Fines Sect. 106. Commissioners in Eyr Anno 3 Edw. 7. cap 26. With many such like Committée Is he or they to whom the consideration or ordering of any matter is referred either by some Court or Consent of Parties to whom it belongs As in Parliament a Bill being read is either consented to and passed or denied or neither but referred to the consideration of some certain persons appointed by the House farther to examine it who thereupon are called a Committee Committee of the King West pa. 2. Symb. tit Chancery Sect. 144. This word seems to be strangely used in Kitchin fol. 160. where the Widdow of the Kings Tenant being dead is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Commoigne Fr. A Fellow-Monk that lives in the same Convent 3 Part. Instit fol. 15. Common Commune i. quod ad omnes pertinet Signifies that Soil or Water whereof the use is common to this or that Town or Lordship as Common of Pasture Commune Pasturae Bracton lib. 4. cap. 19. 40. Commun of Fishing Commune Piscariae Idem lib. 2. cap. 34. Common of Turbary Commune Turbariae i. Of digging Turves Idem lib. 4. cap. 41. Common of Estovers Commune Estoveriorum Kitchin fol. 94 c. Common is divided into Common in Gross Common Appendant Common Apportenant and Common per cause de Vicinage i. By reason of Neighborhood Common in Gross Is a liberty to have Common alone that is without any Land or Tement in another Mans Land to himself for life or to him and his heirs and it is commonly passed by Deed of Grant or Specialty Old Nat. Br. fol. 31. 37. Common Appendant and Common Appurtenant are in a manner confounded as appears by Fitz. Nat. Br. fol. 180. And are defined to be a Liberty of Common Appurtaining to or Depending on such or such a Freehold which Common must be taken with Beasts Commonable as Horses Oxen Kine and Sheep being accounted fittest for the Ploughman and not of Goats Geese and Hogs But some make this difference That Common Appurtenant may be severed from the Land whereto it pertains but not Common Appendant which according to Sir Edw. Coke lib. 4. fol. 37. had this beginning When a Lord enfeoffed another in Arabic Lands to hold of him in Soccage the Feoffce to maintain the service of his Plough had at first by the Curtesie or Permission of the Lord Common in the Wastes of his Lord for his necessary Beasts to ear and compost his Land and that for two Causes one for that as then it was taken it was tacitly implied in the Feoffment by reason the Feoffee could not Till nor Compost his Land without Cattle and Cattle could not be sustained without Pasture and so by consequence the Feoffee had as a thing necessary and incident Common in the Wastes and Land of the Lord. And this appears by the ancient Books Temp. Ed. 1. tit Common 24. and 17 Edw. 2. tit Common 23. and 20 Edw. 3. tit Admeasurement 8. and by the rehearsal of the Statute of Merton cap. 4. The second reason was for maintenance and advancement of Tillage which is much regarded and favored by the Law Common per cause de Vicinage i. Common by reason of Neighborhood Is
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde 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 Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries 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 Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 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 See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
Book so called because it was of old kept at Winchester among other Records and Monuments of the Kingdom See Domesday Some say there was a more ancient Record or Book of like nature with Domesday but made long before by King Alfred called Rotulus Wintonia Rouge Cross See Herald Roundlet See Runlet Rout Fr. Route i. A company or number Which signifies an Assembly of three persons or more going forcibly to commit an unlawful act though they do it not and is the same which the Germans yet call Rot meaning a Band or great company of Men gathered together and going to execute or are executing indeed any Riot or unlawful act See the Stat. 18. Edw. 3. stat 1. and 2 Rich. 2. cap. 6. It is a Rout whether they put their purpose in execution or no if they go ride or move forward after their meeting Brook tit Riot 4. 5. So as a Rout seems to be a special kinde of unlawful Assembly and a Riot the disorderly fact committed generally by any unlawful Assembly Howbeit two things are common both to Rout Riot and Unlawful Assembly The one that three persons at the least be gathered together the other that they being together do disturb the Peace either by words shew of arms turbulent gesture or actual violence c. See Lamb. Eiren. lib. 2. cap. 5. See Riot and Unlawful Assembly Royal Assent Regius Assensus Is that Assent or Approbation which the King gives to a thing formerly done by others as to the election of a Bishop by Dean and Chapter which given then he sends a Special Writ to some person for the taking of Fealty The form whereof you may see in Fitz. Nat. Br. fol. 170. C. And to a Bill passed in both Houses of Parliament Cromp. Jur. fol. 8. Which Assent in Parliament being once given the Bill is Endorsed with these words Le Roy Veult i. It pleaseth the King If he refuse to agree to it then thus Le Roy Averisa i. The King will Advise upon it Royalties Regalia vel Regalitates Are the Rights of the King otherwise called the Kings Prerogative some of which are such as the King may grant to common persons some so high as may not be separated from his Crown Privative as the Civilians term it though some may be Cumulative Vide Bracton lib. 2. cap. 5. And Mathaeum de Afflictis upon the title of the Feuds Quae sint Regalia where are set down Twenty five particulars or several sorts of Royalties See Prerogative and Regalia Rudge-washed Kersey Is that which is made of Fleece-wool washed onely on the Sheeps back Anno 35 Eliz. cap. 10. Runcinus from the Ital. Runzino Is used in Domesday for a Load-horse or Sumpter-horse and sometimes a Cart-horse which Chaucer calls a Rowney Rune from the Sax. Rununge i. A Course or Running A Water-course so called in the Marshes of Sommersetshire Hist of Imbanking and Draining fol. 106. a. Runlet alias Roundlet Is a certain Measure of Wine Oyl c. containing Eighteen Gallons and a half Anno 1 Rich. 3. cap. 13. Rural Deanes Decani Rurales Sunt Decani Temporales ad aliquod ministerium sub Episcopo vel Archiepiscopo exercendum constituti qui nec habent Institutionem Canonicam secundum Doctores Hos eosdem esse existimo qui in LL. Edouardi Confess cap. 31. Decani Episcoporum appellantur See Dean Each Diocess hath in it one or more Arch-Deaconries for dispatch of Ecclesiastical business and every Arch-Deaconry subdivided into Rural Deanries fewer or more according to the bigness and extent thereof Heylins Cosmog fol. 304. These were anciently called Archi-Presbyteri Decani Christianitatis See Dean Rusca When the King himself says Domesday tit Cestre came in person to Chester every Carrucata yielded him two hundred Hesta's and one Tun of Ale and one Rusca of Butter Quaere What the quantity was Rusca apum is a Hive of Bees S. SAbbatum in Domesday is used for Peace Postquam Willielmus Rex advenit sedebat in Sabbato Willielmus Mallet fecit suum Castellum de Eia c. Tit. Sudsex Sac Saca vel Sacha Is a Royalty or Priviledge which a Lord of a Mannor claims to have in his Court of holding Plea in Causes of Debate arising among his Tenants and Vassals and of imposing and levying Fines and Amerciaments touching the same But Rastal and some others define Sac to be the forfeiture it self In the Laws of King Edward set forth by Lambert fol. 144. it is written Sacha Sacha autem est si quilibet aliquem nominatim de aliquo calumniatus fuerit ille negaverit forisfactura probationis vel negationis si evenerit sua erit Which may be called the Amerciament paid by him who denies that which is proved against him to be true or affirms that which is not true Fleta says Sake significat acquietantiam de secta ad Comitatum Hundredum lib. 1. cap. 47. Sac is a Saxon word and signifies Causa lis certamen as we still say For Christs sake 1. Pro causa Christi See Keilweys Rep. fol. 145. Praecipio ut S. Benedictus de Ramefia ita bene libere habeat Socam Sacam suam c. Breve Hen. 2. Justiciariis de Norfolc V. Saka Sacaburth alias Sacabere Is he that is robbed or by theft deprived of his Money or Goods Britton cap. 15. 29. With whom agrees Bracton lib. 3. tract 2. cap. 32. num 2. Furtum vero manifestum est ubi latro deprehensus sit seisitus de aliquo latrocinio sc Hondhabend Backberend insecutus fuerit per aliquem cujus res illa fuerit qui dicitur Sacaburth c. It may come from â—ac or â—aca i. lis causa prosecutio and burh pignus quia res furtiva sit quasi causa pignus hoc est furti Symbolum Spelman But Sir Edward Coke says Sacabere or Sakebere is derived of Sak and Bere that is He that did bear the bag 3 Inst fol. 69. Saccus cum brochia Was a Service or Tenure of finding a Sack and a Broach to the King for the use of his Army Bracton lib. 2. cap. 16. num 6. and lib. 2. tract 1. cap. 6. See Brochia Sacerborgh or rather Sickerborgh Securus Plegius A sufficient Pledge or Cautioner Skene See Sacaburth Sack of Wool Saccus Lanae Contains Twenty six Stone and a Stone Fourteen pounds Anno 14 Edw. 3. stat 1. cap. 2. See Sarplar In Scotland it is Twenty four Stone and the Stone Sixteen Pound Sacrafield Rents Are certain small Rents paid by some Tenants of the Mannor of Chuton in Com. Somerset to Sir Charles Waldegrave Lord thereof but why so called Quaere Sacramento Recipiendo quod vidua Regis se non maritabit sine licentia Regis Was a Writ or Commission to one for the taking an Oath of the Kings Widow that she shall not marry without the Kings Licence Reg. of Writs fol. 298. a. Sacrobarra Lib. MS. de Officio
be in every liberty that has view of Frankpledge for the correction and cooling of Scoldes and unquiet Women Kitchin fo 13. See Cucking-stool Item si aliquis qui in libertatem nostram per assensum consensum Comburgensium nostrorum admissus fuerit fecerit aliquod delictum per quod ad penam publicam seu vile Judicium ut ad Collistrigium vel Tumbrellum vel aliquod aliud hujusmodi adjudicatus fuerit pro perjuro reputabitur ipso facto amittet libertatem suam MS. Codex de LL. Statutis Corfuetud Burgi villae Mountgom fo 11. Tun Is a measure of Oyl or Wine containing twelve score and twelve Gallons or four Hogsheads Anno 1 Rich. 3. ca. 12. 2 Hen. 6. ca. 11. and 12 Car. 2. ca. 4. a Tun of Timber is 40 solid feet a Load 50. Tun-greve Sax. Tungeraefa i. Villae praepositus A Reeve or Bailiff qui in villis quae dicimus Maneriis Domini personam sustinet ejusque vice omnia disponat moderatur Spelman Tunnage al. Tonnage tunnagium tonnagium Is a Custom or Impost due for Merchandise brought or carried in Tuns and such like vessels from or to other Nations after a certain rate for every Tun An. 12 Edw. 4. ca. 3. 6 Hen. 8. ca. 14. 1 Ed. 6. ca. 13. 1 Jac. ca. 33. 12 Car. 2. ca. 4. It is sometimes used for a duty due to the Mariners for unloading their Ship arrived in any Havens after the rate of so much a Tun. Tunnage and Poundage began in the 45th of Edward the third Cottoni posthuma fo 172. See 4 Inst fo 32. Turbary turbaria from turba a turf Is a right or interest to dig turves on another mans ground Kitchin fo 94. And Common of Turbary is a liberty which some Tenants have by prescription to dig turves on the Lords Waste Turbaria is sometimes also taken for the ground where turves are digged Turn turnum Is the Sheriffs Court kept twice every year viz. within a Moneth after Easter and Michaclmas Mag. Charta ca. 35. 3 Edw. 3. ca. 15. From this Court are exempt onely Arch-bishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept Anno 25 Hen. 3. ca. 10. Britton ca. 29. calls it Tour i. ambitus circuitus It is a Court of Record in all things that pertain to it it is the Kings Leet through all the County and the Sheriff is Judge and this Court is incident to his Office See Cromp. Jur. fo 230. and 4 Inst fo 260. Turney or Tournement Fr. Tourney i. Decursorium Signifies a Martial exercise of Knights or Gentlemen fighting on horseback one with another in disport and is thus defined Torneamenta dicuntur nundinae vel feriae in quibus milites ex condicto convenire ad ostentationem virium suarum audaciae temere congredi solent This word is used in the Statute 24 Hen. 8. ca. 13. but the thing it self is now disused Turno vicecomitum Is a Writ that lies for those that are called to the Sheriffs Turn out of their own Hundred Reg. of Writs fo 174. Twaite Signifies a wood grubbed up and turned to Arable Coke on Litt. fo 4. b. Twa nights geste Hospes duarum noctium If he did harm to any his Host was not answerable for it but himself Hoveden parte poster fo 345. b. See Third-nights-awn-hine Twelve men duodecim homines legales otherwise called the Jury or Enquest is a number of twelve persons or upwards to twenty four by whose Oath as to matters of Fact all Trials pass both in Civil and Criminal Causes through all Courts of the Common Law in this Realm In Civil Causes when proof is made of the matter in question the point of the Fact on which they are to give their verdict is deliver'd likewise to them which we call the Issue then they are put in mind of their Oath to do right and are by the Judges summing up the evidence sent out of the Court by themselves to consider upon the Evidence on both sides untill they are agreed which done they return to the Court and deliver their verdict by the Mouth of their Foreman according to which if the matter be not arrested or staid by the discretion of the Judge or the Court the Judgment passeth In Causes Criminal there are two sorts of Enquests one called the Grand Enquest the other the Enquest of life and death The first is so called either because it consists of sixteen at the least or else because all causes Criminal or Penal first pass through them whereas the other Enquest is especially appointed for one or few matters touching life and death Those of the Grand Enquest are called by Bracton 12 Milites because they were wont to be Knights if so many could be had And their Function is to receive all Presentments of any Offence and accordingly to give their general opinion of them by writing either these words billa vera upon the Bill of Presentment which is an Inditement of the Party presented or else Ignoramus which is a doubting of the Fact presented Of this read more in Inditement Assise Jury See the Statute 35 Hen. 8. ca. 6. 37 ejusdem ca. 22. 2 Ed. 6. ca. 32. 5 Eliz. ca. 25. Tymber of skins Is 40 skins Book of Rates fo 18. Tympeny Abbas Monachi Rading Sint quieti de tributis lastagiis stallagiis de Thething-peny Tympeny de summonitionibus de Assisis super assisis c. In Memorand Scacc. de Anno 20 Ed. 3. in t Record de Trin. Rot. 3. I find it elsewhere written Tinpeny Mon. Angl. 1 Par. fo 419. a. Quaere U. VAcation Vacatio Is all the time respectively betwixt the end of every Term and beginning of the next when such times began and ended in our Ancestors dayes See Hovedens Annals Par post fo 343. a. where you shall find that this intermission was called Pax dei Ecclesiae Also the time from the death of a Bishop or other Spiritual person till the Bishoprick or other Dignity be supplyed with another is called Vacation Westm 1. ca. 21. 14 Edw. 3. ca. 4. 5. See Plenarty Uaccarie alias Uaccharie Vaccaria al. Vaccharia and Vacheria Is a House or place to keep Cowes in Fleta lib. 2. ca. 41. Domus sive locus quo vaccae aluntur vel quo negotium quod ad eos attinet perficitur Spelm. A Dairy-house Without warrant no Subject may have a Vaccary within the Forrest Crom. Jur. fo 194. But in the Stat. 37 Hen. 8. ca. 16. Vacchary seems to be a special name of a certain compass of ground within the Forest of Ashdown Uaga See Waga Uagabond Vagabundus One that wanders about and has no certain dwelling an idle Fellow Rogues Vagabonds and sturdy Beggars mentioned in divers Statutes De Vagabundis aliis hominibus mendicantibus qui se
diverted to this kind of search these thirty years as my Glossographia will in some measure witness For whil'st my Contemporaries studied the Law it self and gain'd Riches I was hunting after the difficult and uncuth Terms of it and got nothing but my own satisfaction Nor can I otherwise judge but a Noâ—o lexicon may be as necessary and useful in our Law-Common-wealth even from the Coif to the puny-Clerk as a Lexicon Juridicum among the Civilians or Lexicon-Medicum with the Physitians since I am by this time perswaded that no Law or Science has more abstruse Terms then ours Now that I may in some measure prevent the Readers suspition that my abilities are not commensurate with so great an Undertaking I 'le tell him freely I have in this Meadow made little hay with my own fork but in the more common words have made use of Cowel Lambert Crompton West Terms of the Law Skene c. yet seldom without Corrections Contractions or Additions In the Supplementals Bracton Britton Flâ—ta Spolman Camden Cake our several Reporters and divers other Authors have been my Guides And in such Words wherein Printed Books afforded me no light I have consulted Records Charâ—ers ancient Manuscripts and some of the best Antiquaries of these times from whom I received both encouragement and assistance To many Words I have added their Etymologies where I found them apposite encouraged thereto by the opinion of a Learned Judge Etymologies if they be rightly us'd and drawn from the final cause or from the Effect do not onely yield an Argument of good consequence but also afford much illustration and delight I have briefly inserted all the old Writs out of the Registers though many of them are worn out of use and have not omitted even the Mechanick Words mentioned in our Statutes since there may be use of such knowledge in Pleadings And Lawyers as Cowel well observes professing true Philosophy should not be ignorant of such nor even of Trees from the Cedar of Lebanon to the Hysop that springs out of the Wall Though to gratify the young Student I have inserted some Words which will seem very common to the more Learned yet I have rejected divers I found in Cowel as too mean and indeed not at all deserving an explication such are Groome Sluce Copie Revels Toile VVedding Baubels c. And the names of our common Drugs and Spices mentioned in the Statute of 1 Jac. Besides the general design of this Dictionary in explaining the difficult Law-terms both ancient and modern I conceive the Student may make a further use of it as a Repertory or Common-place Since many Statutes Law-books Charters and Records are cited or referr'd to in most words For I have heard the learned Lord Keeper Littleton made use of Cowels Interpreter for the like service If I have sometimes committed a Jeofaile or hunted Counter in any explication or Etymology in so large a field of words and stor'd with such variety of Game it will be no wonder and I hope will draw no censure upon me from the Ingenuous Quis enim mortalium in argumento tam vario immenso tam nodoso rigido caliginoso alias non erret alias non caecutiat Besides the learned Spelman sometimes concludes a Word with a fateor me ignorare and even Sir Edward Coke has err'd pardon the boldness of that word at least in Etymons as in Atin Hotchpot Panel Heriot Domicellus c. Therefore if I leave some words with a Quaere or a Fortasse to be resolved or corrected by the more learned it is but what Cowel frequently and Spelman has sometimes done Facile est recolere laboriosum condere Advertisements TO the end the Reader may readily know the Series of our Kings from the Conquest and for the most part in what Kings Reign a Charter without Date is made by His Title and again in what Year of our Lord every King Reigned and how long I have prefix'd a Necessary Table to that purpose Such also of the Saxon Characters as are different from the Common since through the want of some knowledge in that Language Authors have committed many Errors The word Gersuma being by some miswritten Gressume by others Grossome and by some Gressame Grithbreche occurs in some Gethbreche Grithbrich Greatbreach Grichbreach and Greachbreach So for Æ¿ere Æ¿ite Were Wite we meet with Pere Pite and the like of divers other words Before the Conquest Charters were usually dated sometimes by Olympiads sometimes by Calends Nones Ides but most frequently by the year of our Lord. After the Conquest Dates were commonly omitted especially in the Deeds of Subjects till King Edward the Second and Edward the Thirds dayes and thenceforth the year of the Kings Reign or that of our Lord was constantly inserted So that Deeds made since the Conquest and found without date may be presumed to be in time before those Kings Reigns Witnesses names were added in the body of the Deed and with the same Hand the Deed was written till and in King Henry the Eighths time but now changed into Endorsements where the Witnesses subscribe their own Names Additions to persons Names in publick Writings and Pleadings were very rarely used till the Statute of 1 Hen. 5. In my Progress where any ancient Charters or Records were judged to be extraordinary either for matter or form I have transcribed them at large but the generality are abridg'd to avoid prolixity One onely Seal of King Edward the Fourth as he was Earl of March I was induced as well for the rarity as preservation of it to exhibit in Sculpture though without the limits of my Province I need not Apologize the Latin where it occurs since both in ancient as well as the modern times our Law-pleadings Charters and Records were alwayes expressed forensi latinitate which is acknowlodged not to be of the purer sort And ae Dipthongs of old seldome used though I have mostly supply'd them To some Words I have added the variae lectiones I met with as Churchesset Flemenefyrinthe Lairwite Scavage c. To others the Etymons which sometimes proved the more difficult in that divers of our Law-Terms of birth since the Conquest are voces hybridae mungrel words one part Saxon the other French or Latin not without a mixture sometimes of British and other Languages The Records and Charters I cite were for the most part copied from the Originals some from printed Books of unquestionable Authority others from the Collections and Manuscripts of faithful and industrious lovers of Antiquity The SAXON CHARACTERS which differ from the VULGAR d f g h M r s t Æ¿ þ d f g h M r s t w th A Titular and Chronological TABLE of our KINGS and QUEENS from the Conquest to the present 1670. Kings NAMES and Titles Began their Reigns Reigned Ye Mo Da. Since they Reigned 1 WIlhelmus Rex Wilhelmus Rex Anglorum Wilhelmus Rex Anglorum Princeps
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
Mixta quae dicitur Actio Hirciscundae locum habet inter eos qni communem habent haereditatem c. See Coke on Littl. fol. 262. b. Action is also according to the Form of the Writ divided into such as are conceived to recover either the simple value of the thing chalenged or the double trebble or quadruple As a Decies tantum lies against Embracers Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both parties And to be short any other Action upon a Statute that punishes any offence by Restitution or Fine proportionable to the Transgression Action is Pre-judicial otherwise termed Preparatory or else Principal Pre-judicial is that which grows from some question or doubt in the Principal As if a Man sue his younger Brother for Land descended from his Father and it is objected he is a Bastard Bracton lib 3. cap. 4. Numb 6. This point of Bastardy must be tryed before the cause can further proceed and therefore is termed Pre-judicialis quia prius judicanda Action is either Ancestrel or Personal Stamf. Pl. Cor. 59. Ancestrel seems to be that which we have by some right descending from our Ancestor and Personal which has beginning in and from our selves There is also Action Ancestrel Droiturel and Action Ancestrel Possessary which see in Cokes 2 Inst fol. 291. Action upon the Case actio super casum is a general Action given for redress of wrongs done to any Man without force and by Law not especially provided for and is now most in use For where you have any occasion of Suite that neither has a fit name nor certain Form already prescribed there the Clerks of the Chancery in ancient time conceived a sit Form of Action for the thing in question which the Civilians call Actionem in Factum and we Action upon the Case Action upon the Statute actio super Statutum is an Action brought against a Man upon an offence against a Statute whereby an Action is given and lay not before As where one commits Perjury to the prejudice of another he who is endamaged shall have a Writ upon the Statute and his Cause And the difference between an Action upon the Statute and Action Popular is Where the Statute gives the Suite or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where Authority is given by the Statute to every one that will so sue that is termed Action Popular Action is Perpetual or Temporal Perpetua vel Temporalis and that is called Perpetual whose force is by no time determined Of which sort were all Civil Actions among the Ancient Romans viz. Such as grew from Laws Decrees of the Senate or Constitutions of the Emperors whereas Actions granted by the Pretor died within the year So we have in England Perpetual and Temporary Actions and I think all may be called Perpetual that are not expresly limited As divers Statutes give Actions so they be pursued within the time by them prescribed namely the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed and no longer And the Statute of 7 Hen. 8. cap. 3. doth the like for four years and that of 31 Eliz. cap. 5. for one year and no more But as by the Civil Law no Actions were at the last so perpetual but that by time they might be prescribed against So in our Law though Actions may be called Perpetual in comparison of those that are expresly limited by Statute yet is there a means to prescribe against Real Actions after five years by a Fine levied or a Recovery suffered as you may see in the words Fine Recovery and Limitation of Assize Action of a Writ is a term used when one pleads some matter by which he shews the Plaintiff had no cause to have the Writ he brought yet it may be he might have another Writ or Action for the same matter Such a Plea is called A Plea to the Action of the Writ Whereas if by the Plea it should appear That the Plaintiff has no cause to have an Action for the thing demanded then it is called A Plea to the Action Cowel Acts of Parliament are Positive Laws which consist of two parts viz. Of the words of the Act and the sence of it and they both joyned together make the Law Acton-Burnel a Statute so called made 13 Edw 1. An. 1285. Ordaining the Statute Merchant for Recovery of Debts and was so termed because made at Acton-Burnel a Castle anciently of the Burnels afterward of the Lovels in Shropshire Actuary actuarius is the Scribe that Registers the Acts and Constitutions of the Convocation Addition additio signifies A Title given to a Man over and above his Christian and Sirname shewing his Estate Degree Mystery Trade Place of dwelling c. Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are those we call names of Dignity as Knight Lord Earl Marquess and Duke Additions of Mystery are Scrivener Painter Mason c. Addition of Town as Dale Thorp and such like And where a Man hath houshold in two places he shall be said to dwell in both of them so that his Addition in either may suffice By the Statute of 1 Hen 5. cap. 5. It was ordained That in Suits or Actions where Proces of Outlary lies such Additions should be to the name of the Defendant to shew his Estate Mystery and place where he dwells and that the Writs not having such Additions shall abate if the Defendant take exception thereto but not by the Office of the Court. And this was ordained to the intent that one Man might not be vexed or troubled by the Outlary of another but by reason of the certain Addition every person may bear his own burden See 2 Part. Institut fol. 595. 666. And the Statute 27 Eliz. cap. 7. Addoubors See Redoubors Adeling or Ethling from the Sax. Æðelan i. nobilis Was a Title of Honor among the Angles properly appertaining to the Successor of the Crown For King Edward being himself without issue and intending to make Eadgar to whom he was great Uncle by the Mothers side his heir to this Kingdom called him Adeling Hoveden parte poster Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept cap. ante-penult See more of this word in Spelmans Glossarium Adjournment from the Fr. adjournement Is when any Court is dissolved for the present or put off and assigned to be kept again at another day or place Adjournment in Eyre Anno 25 Edw. 3. Statute of Purveyers cap. 18. Is an appointment of a day when the Justices in Eyre mean to sit again And in 2 Edw. 3. cap. 11. Adjournment has the like signification See Prorogue Adjudication adjudicatio A giving by Judgment a Sentence or Decree An. 16 17 Car. 2. cap. 10. Ad inquirendum is a Writ
Et cest ma Lettre serra son Garrant En tesmoignage de quel chose a y ceste jay mise mon Seal Don a Lemestre le xi jour de Julet le ann de Regne le Roy Henric. le quart apres le Conquest quarte See 2 Part. Instit fol. 474. Quod nullus libere tenens infra Baroniam illam se appruira posset de vasto suo c. Aquage aquagium q. aquae agium i. aquae ductus aquaegangium Non liceat alicui de caetero facere dammas vel fordas aut alia impedimenta in aliquibus landeis watergangiis fossatis sive aquagiis eommunibus in marisco praedicto Ordinatio Marisci de Romeney facta tempore Hen. 3. Edw. 1. pag. 72. See Watergage Arbitrator Lat. Is an exttaordinary Judge or Commissioner in one or more Causes between party and party chosen by their mutual consents This Arbitrement is either general that is including all Actions Quarrels and Demands or Special which is or one or more Matters Facts or Things specified The Civilians make a difference between Arbiter and Arbitrator For though they both ground their power upon the comprimise of the parties yet their liberty is divers For Arbiter is tied to proceed and judge according to Law with Equity intermingled Arbitrator is permitted wholly to his own discretion without solemnity of Process or Course of Judgment to hear or determine the Controversie committed to him so it be Juxta Arbitrium boni viri See Alto Basso Arbitrement See Arbitrator Arches Court Curia de Arcubus Is the chief and ancientest Consistory that belongs to the Archbishop of Canterbury for debating Spiritual Causes and is so called from Bow-Church in London dedicated to the Blessed Virgin where it was kept And the Church is so called of the fashion of the Steeple or Clochier thereof whose top is raised of Stone-pillars built Arch-wise like so many Bent-Bows The Judge of this Court is termed The Dean of the Arches or The Official of the Arches Court Dean of the Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of Thirteen Parishes in London termed a Deanry being exempted from the Authority of the Bishop of London and belonging to the Archbishop of Canterbury of which the Parish of Bow is one and the chief because the Court was there kept The Jurisdiction of this Judge is ordinary and extends it self through the whole Province of Canterbury So that upon any Appeal made he forthwith and without any further examination of the Cause sends out his Citation to the Appealee and his Inhibition to the Judge from whom the Appeal was made Of this read more in Historia de Antiq. Eccles Britan. And 4 Part. Instit fol. 337. Archive archivum from arca a Press or Chest The Rolls or a place wherein Ancient Records Charters and Evidences that belong to the Crown and Kingdom are kept also the Chancery or Exchequer Office Armes arma In the understanding of Law are extended to any thing that a Man wears for his defence or takes into his hands or useth in his wrath to cast at or strike another Crompt Just of Peace fol. 65. a. So Armorum appellatio non utique scuta gladios galeas significat sed fustes lapides Armes are also what we call in Latin Insignia Ensigns of Honor. Argentum Dei Gods-penny i. Earnest Money or Money given in earnest In Lincolnshire called Erles Arpen or Arpent Fr. An Acre or Furlong of Ground the most ordinary one called L'Arpent de France is One hundred Perches square after Eighteen Foot to the Perch This word is often found in Doomsday Quatuor Arpenni vineae noviter plantatae Tit. Middlesex Array an old Fr. word signifies the ranking or setting forth a Jury or Enquest of Men empannelled upon a Cause 18 Hen. 6. cap. 14. Hence the Verb to Array a Pannel An. 3. H. 5. cap. 5. and Old Nat. Br. fol. 157. That is to set forth the Men empannelled one by another The Array shall be quashed ibidem By the Statute every Array in Assize ought to be made four days before Br. tit Pannel num 10. To challenge the Array Kitchin fol. 92. See Challenge To lead and conduct persons armed and arrayed 14 Car. 2. cap. 3. Arrayers arraiatores Is used in the Statute 12 Ri 〈…〉 cap. 6. for such Officers as had care of the Soldiers Armor and see them duly accoutred in their kindes Such were the Commissioners of Array appointed by King Charles the First in the year 1642. Edw. Dei gratia Rex Angliae Dominus Hib. Dux Aquit dilectis fidelibus suis Johanni de Occlesthorp Johanni de Fenton electoribus Arraiatoribus hominum in Wapentachio de Barkeston salutem Cum ad repellendam Scotorum maliciam qui regnum nostrum hostiliter sunt ingressi homicidiam depredationes incendia alia mala citia perpetrando versus partes Marchiae Scotiae c. Inde Scoti cum toto posse suo ut pro certo didiscimus propè ciâ—itatem nostram Karleoli ista die Martis se congregare proponunt c. Nos considerantes periculum c. Omnes homines defensibiles potentes ad pugnandum ejusdem Wapentagii tam milites quam alii c. I. me ipso apud North-Alverton xiii die Junii Anno regni nostri primo Arraine or Arraigne from the French Arranger i. to set a thing in order or in his place hath the same signification in Law For he is said to Arraine a Writ of Novel Disseisin who prepares and fits it for Tryal before the Justices of the Circuit Old Nat. Br. fol. 109. Littleton pag. 78. useth the word in the same sence viz. The Lease arraineth an Assize of Novel Disseizin To arraign the Assize is to cause the Tenant to be called to make the Plaint and to set the Cause in such order as the Tenant may be enforced to answer thereto Coke on Littl. fol. 262. b. Also a Prisoner is said to be arraigned when he is endicted and brought forth to his Tryal Arraigned within the Verge upon Murder Stamf. Pl. Cor fol. 150. The manner of this Arraignment you may read in Sir Thomas Smith de Rep. Angl. lib. 2. cap. 23. The Learned Spelman is of opinion it should be written Arrame from arramare and that from the old French arramir i. juraâ—e promittere solenniter profiteri Arrearages from the Fr. arriere retrò The remain of an Accompt or a Sum of Money remaining in the hands of an Accomptant It is sometimes used more generally for any Money unpaid at a due time as Arrearages of Rent Arrentation from the Span. arrendare q. ad certum reditum dimittere Ordin Forestae 34 Edw. 1. cap. 6. Signifies the licencing an owner of Lands in the Forest to enclose them Bassa haya parvo fossato i. with a low Hedge and small Ditch which is according to the Assize of the Forest under a Yearly Rent Saving of
fourth and last manner is Assise of Right of Damages that is when the Tenant confessing an Ouster and referring it to a Demurrer in Law whether it were rightly done or not is adjudged to have done wrong For then shall the Demandant have a Writ to recover damages called an Assise to recover damages as also the whole Process Assise is further taken for the Court place or time when and where the Writs and Processes of the Assise are handled or taken And in this signification Assise is general as when the Justices go their several Circuits with their Commission to take all Assises twice in the year that is called the General Assise It may likewise in this signification be special as if an especial Commission be granted to certain persons as was often done in ancient time Bracton lib. 3. cap. 11. for taking an Assise upon one Disseisin or two this would be called a Special Assise And in this very signification Glanvile uses it Lib. 9. cap 12. See Cokes 4 Inst fol. 158. Concerning the General Assise in the most usual signification thus the Learned Sir Fr. Bacon ALl the Counties of this Realm says he are divided into six Circuits and two Learned Men are assigned by the Kings Commission to every Circuit who ride twice a year through those Shires allotted to that Circuit these we call Justices or Judges of Assise who have five several Commissions by which they sit The first is a Commission of Oyer and Terminer directed to them and many others of the best account in their Circuits But in this Commission the Judges of Assise are of the Quorum so as without them there can be no proceeding This Commission gives them power to deal with Treasons Murders and all manner of Felonics and Misdemeanors and this is their largest Commission The second is of Goal Delivery and that onely to the Judges themselves and the Clerk of the Assise Associate by this Commission they are to deal with every Prisoner in Goal for what offence soever he be there The third Commission is directed to themselves onely and the Clerk of Assise to take Assises by which they are called Justices of Assise and the Office of these Justices is to do right upon Writs called Assise brought before them by such as are wrongfully thrust out of their Lands The fourth Commission is to take Nisi Prius directed to none but the Judgee themselves and their Clerks of Assises by which they are called Justices of Nisi Prius The fifth is a Commission of Peace in every County of their Circuit And all the Justices of Peace having no lawful impediment are bound to be present at the Assises to attend the Judges as occasion shall fall out if any make default the Judges may set a Fine upon him at their pleasure and discretions The Sheriff of every Shire is also to attend in person or by a sufficient Deputy allowed by the Judges who may Fine him if he fail c. See more in Sir Fr. Bacons Use of the Law fol. 13. usque 21. Assisa Continuanda Is a Writ directed to the Justices assigned to take an Assise for the continuance of the Cause in case where certain Records alleaged cannot in time be procured by the party that would use them Reg. of Writs fol. 217. Assisa Proroganda Is a Writ directed to the Justices of Assise for stay of proceeding by reason of the Kings business wherein the party is employed Reg. of Writs fol. 208 221. Assisors assisores sunt qui Assisas condunt aut taxationes imponunt Spelman In Scotland according to Skene they are the same with our Jurors and their Oath is this We shal leil suith say And na suith conceal far na thing we may Sa far as we are charg'd upon this Assise Be God himself and be our part of Paradise And as we wil answear to God upon The Dreadful day of Dome Association associatio Is a Patent sent by the King either of his own motion or at the suit of the Plaintiff to â—ustices appointed to take Assises of Novel Disseisin or of Oyer and Terminer c. to take others unto them as Fellows and Collegues in that affair The examples and sundry uses hereof you may finde in Fitz-Nat Br. fol. 185 111. But more particularly in Reg. of Writs fol. 201 206 223. Assoile absolvere Signifies to deliver pardon or set free from an Excommunication Stamf. Pl. Cor. fol. 72. to this effect otherwise the Defendant should remain in prison till the Plaintiff were assoiled that is delivered from his Excommunication So in 1 Hen. 4. cap. 10. Mention being made of King Edward the Third it is added Whom God assoil Henric. Duc de Lancastre Count de Leicestre de Derby de Senescal Dengletre A touts ceux que ceste endentnre verront ou orront salut en Dieu Come nostre chere bien ame cousin John de Blount eit en nostre mein renduz seissaunte acres de terre ou les appurtenances en Salford en nostre Ducbee de Lancastre les quels il avoit a luy a ses Heirs du don Feofment nostre tres honore Seigneur pere que Dieu assoile c. Dat. 30 Edw. 3. Assumpsit from Assumo Is a voluntary promise made by word whereby a man assumes or takes upon him to pay or perform any thing to another This word comprehends any verbal promise made upon consideration which the Civilians express diversly according to the nature of the promise calling it sometimes Pactum sometimes Promissionem Pollicitationem or Constitutum Astrihilthet or Atrihilthet Sax. Hi qui pacem Regis habent vel manu vel brevi ei fideles existant Qui si nimis confidens in pace quam habet per superbiam alicui forisfecerit damnum restauret iterum tantundem quod Angli vocant Astrihilthet LL. divi Edwardi cap. 30. See Hovedon pag. 606. Atia See Odio Atia At large See Verdict at large Littl. fol. 98. To vouch at large Old Nat. Br. fol 108. To make title at large Kitchin fol. 68. See Bar. Attache attachiare From the Fr. attacher i. figere nectere alligare Signifies to take or apprehend by Commandment or Writ Lamb. in his Eiren. lib. 1. cap. 16. makes this difference between an Arrest and an Attachment that an Arrest proceeds out of an Inferior Court by Precept and an Attachment out of higher Courts by Precept or Writ and that a Precept to Arrest hath these formal words Duci facias c. And a Writ of Attachment these Praecipimus tibi quod attachies talem habeas cum coram nobis c. Whereby it appears that he who Arrests carries the party Arrested to another higher person to be disposed of forthwith he that attacheth keeps the party attached and presents him in Court at the day assigned in the Attachment Yet an Attachment sometimes issues out of a Court Baron which is an Inferior Court
Aulneger See Alnager Aumone Fr. aumosne i. an Alms Tenure in Aumone is a Tenure by Divine Service so says Britton fol. 164. As when Lands or Tenements are given in Alms to some Church or Religious House with Condition that some Service or Prayers shall be offered at certain times for the good and quiet of the Donors Soul or otherwise See Frank Almoin Aumonier Fr. Aumosnier See Almner Auncel-weight quasi Hand-sale weight or from Ansa i. The handle of the ballance Is a kinde of weight with Scales hanging or Hooks fastned at each end of a Beam or Staff which a Man lifted up upon his fore-finger or hand and so discerned the equality or difference between the weight and the thing weighed In which because there was wont to be great deceit it was forbidden 25 Edw. 3. Stat. 5. cap. 9. 34 Ejusdem cap. 5. and 8 Hen. 6. cap. 5. And the even ballance onely commanded notwithstanding it is still used in some parts of England By a Constitution made by Henry Chicheley Archbishop of Canterbury Anno 1430. Pro abolitione ponderis vocati Le Auncel weight seu Scheft seu Pounder c. Doloso quodam staterae genere qui utitur Excommunicandus Auncient Demeasn See Ancient Demeasn Avoidance hath two significations the one when a Benefice becomes void of an Incumbent the other when we say in Pleadings in Chancery confessed or avoided traversed or denied c. See Voidance Avowè advocatus Britton cap. 29. saith That Avowè is he to whom the right of Advowzen of any Church Appurtains so that he may present thereunto in his own name And is called Avowè for a difference from those that sometime present in another Mans name as a Guardian that presents in the name of his Ward and for a difference also from those who have the Lands whereto an Advowzen appertains but onely for term of their lives or of years by Intrusion or Disseisin See Advowè Avowry Fr. Advouerie Is where one takes a Distress for Rent or other thing and the other sues Replevin then the taker shall justifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking which is called his Avowry But if he took it in the right of another then when he has shewed the Cause he shall make Conusance of the taking as Bailiff or Servant to him in whose right he did it Terms of the Law Anno 21 Hen. 8. cap. 19. For the more speedy and effectual proceeding upon Distresses and Avowries for Rents see the Stat. 17 Car. 2. cap. 7. Avoir du pois Fr. avoir du poids i. Habere pondus aut justi esse ponderis Signifies First a kinde of weight different from that which is called Troy-weight containing but Twelve ounces to the pound whereas this hath Sixteen And in this respect it is probably so called because it is of more weight then the other 2. It signifies such merchandises as are weighed by this weight and not by Troy-weight as in the Statute of York 9 Edw. 3. in Proaem 27 Edw. 3. Stat. 2. cap. 10. and 2 Rich. 2. cap. 1. See Weights Aurum Reginae Rot. Pat. Anno 52 Hen. 3. in 26. See Queen-Gold Austureus A Goshawk whence we usually call a Faulkoner who keeps that kinde of Hawks an Ostringer Some ancient Deeds have reserved Unum Austurcum as a Rent to the Lord. Await 13 Rich. 2. cap. 1. It is Ordained That no Charter of Pardon from thenceforth shall be allowed before any Justice for Murder or for the Death of a Man stain by Await Assault or Malice prepensed Lreason or Rape of a Woman unless the same be specified in the Charter c. Seems to signifie that which we now call Way-laying or lying in Wait. Award from the Fr. agarder Propriè est Judicium ejus qui nec à lege nec à Judice datur ad dirimendam litem sed ab ipsis litigantibus eligitur Is the judgment of him who is chosen by two or more parties at variance to determine the Controversie between them Dictum quod ad custodiendum seu observandum partibus imponitur Spel. Awm 1 Jac. cap. 33. and 12 Car. 2. cap. 4. A Measure of Rhenish-wine containing forty Gallons Yet I finde in a very old Printed Book thus The Rood of Rhenish-wine of Dordreyght is ten Awames and every Awame is fifty Gallons Item the Rood of Antwarp is xiiij Awames and every Awame is xxxv Gallons Auxilium ad filium militem faciendum et filiam maritandam Was a Writ directed to the Sheriff of every County where the King or other Lord had any Tenants to levy of them reasonable Aid towards the Knighting His Son and the Marriage of His eldest Daughter See Aid Fitz. Nat. Br. fol. 82. and An. 12 Car. 2. cap. 24. Ayd See Aid B. BAchelor bachalaureus of the Fr. Bachalier i. tyro Whence I gather those that are called Bachelors of the Companies in London are such of each Company as are springing towards the estate of those that are employed in Council but as yet are inferiors For every Company of the Twelve consists of a Master two Wardens the Livery which are Assistants in Matters of Council or at the least such as the Assistants are chosen out of and the Bachelors who are yet but in expectance of Dignity among them and have their Function onely in attendance upon the Master and Wardens Bachelor was anciently attributed to the Lord Admiral of England if he were under a Baron This word is used Anno 13 Rich. 2. Stat. 2. cap. 1. and signifies as much as Knight-Batchelor does 3 Edw. 4. cap. 5. that is a Simple Knight not a Knight Baneret or Knight of the Bath Sachez nous Roger de Mortimer Seigneur de Wygemore avoir donne grante a nostre chier Bachiler Monseur Robert de Harley pour son bon service pour cent livres de argent la garde du Corps Gilbert Filz heir Sir Johan de Lacy ensemblement ove le marriage mesmes celuy Gilbert deyns age esteant en nostre garde c. Donne a Penebrugge l'an du regne le Roy Edward Filz le Roy Edward unzyme See Baneret Backberend Sax. Signifies bearing upon the back or about a Man Bracton uses it for a sign or circumstance of manifest theft called by the Civilians Furtum manifestum which he defines thus Ubi latro deprehensus est seisitus de aliquo latroâ—imio sc Handhabend Backberend insecutus fuerit per aliquem cujus res illa fuerit Lib. 3. tract 2. cap 32. Manwood 2 pa. For. Laws Notes it for one of the four Circumstances or Cases wherein a Forester may arrest the Body of an Offender against Vert or Venison in the Forest For by the Assise of the Forest of Lancaster says he taken with the manner is when one is found in the Kings Forest in any of these four degrees
Stable Stand Dog-draw Back-bear and Bloody-hand Which see in their proper places Badger from the Fr. Bagagier i. A Carrier of Luggage Signifies with us one that buys Corn or Victuals in one place and carries it to another to make profit by it See Cromptons Just of Peace fol. 69 70. Bail from the Fr. noun Bail i. A Guardian or Goaler Is properly used for the freeing or setting at liberty of one arrested or imprisoned upon Action either Civil or Criminal under surety taken for his appearance at a day and place certain Bracton lib. 3. tract 2. cap. 8. num 8 9. The reason why it is called Bail is Because by this means the party Restrained is delivered into the hands of those that bind themselves for his forth-coming There is both common and special Bail Common Bail is in Actions of small prejudice or concernment being called Common because any Sureties in that case are taken whereas in Causes of greater weight as Actions upon Bond or Specialty Special Bail or Surety must be taken as Subsidy Men at least and they according to the value Manwood in his first part of Forest Laws pag. 167. says there is a great diversity between Bail and Mainprise For he that is Mainprised is always said to be at large and to go at his own Liberty out of Ward from the time he is Mainprised till the day of his appearance But otherwise it is where a Man is let to Bail by four or two Men by the Lord Chief Justice in Eyre until a certain day for there he is always accounted by the Law to be in their Ward and custody for the time And they may if they will keep him in Ward or Prison So that he who is so bailed shall not be said by the Law to be at large or at his own liberty See Lamb. Eiren lib. 3. cap. 2. pag. 330. Bail is also a certain Limit within the Forest as it is divided into the charges of several Foresters Crompton in the Oath of Bow-bearer fol. 201. See Mainprise and 4 Instit fol. 178. Bailiff Balivus As the name so the Office it self in ancient time was answerable to that of France where there are Eight Parliaments which are high Courts whence lies no Appeal and within the Precincts of those several parts of that Kingdom which belong to each Parliament there are several Provinces to which Justice is ministred by certain Officers called Bailiffs So in England we see many several Counties in which Justice hath been ministred to the Inhabitants by the Officer whom we now call Sheriff or Vicount the one name descending from the Saxons the other from the Normans And though I cannot expresly prove That this Sheriff was ever called a Bailiff yet it is probable that was one of his names also because the County is often called Baliva a Bailywick As namely in the Return of a Writ Non est inventus in Baliva mea c. Kitchin Returna Brevium fol. 285. And in the Sheriffs Oath the County is called his Bailiwick I think the word Bailiff used in Magna Chart. cap. 28. and 14 Edw. 3. Stat. 1. cap. 9. compriseth as well Sheriffs as Bailiffs of Hundreds But as the Realin is divided into Counties so every County is again divided into Hundreds within which it is manifest that in ancient time the Kings Subjects had justice ministred to them by the several Officers of every Hundred which were called Bailiffs as those Officers do in France and Normandy being cheif Officers of Justice within every Province Grand Customary of Norm cap. 1. And it appears by Bracton lib. 3. tract 2 cap. 34. num 5. that Bailiffs of Hundreds might hold Plea of Appeal and Approvers But since that time these Hundred Courts certain Franchises excepted are by the said Statute of 14 Edw. 3. swallowed into the County Courts as you may read in County and Hundred And now the Bailiffs name and office is grown into such contempt at least these Bailiffs of Hundreds that they are now but bare Messengers and Mandataries within their Liberties to serve Writs and such vile Offices for which see Crompt Just of Peace fol. 49. a. Yet is the name otherwise still in good esteem for the chief Magistrates in divers Corporate Towns are called Bailiffs as of Ludlow Leominster c. And again there are certain persons to whom the Kings Castles are committed who are called Bailiffs as the Bailiff of Dover Castle These ordinary Bailiffs are of two sorts Bailiffs Errant and Bailiffs of Franchises Bailiffs Errant Balivi Itinerantes are those whom the Sheriff appoints to go up and down the County to serve Writs Summon the County Sessions Assises and such like Bailiffs of Franchises Balivi Franchesiarum aut Libertatum are those who are appointed by every Lord within his Liberty to do such Offices therein as the Bailiff Errant does at large in the County Of these read Sir Tho. Smith de Repub. Angl. lib. 2. cap. 16. There are also Bailiffs of the Forest Manwood part 1. pag. 113. and Bailiffs of Husbandry belonging to private Men of good Estates who are so called because they dispose of the under servants every Man to his labor and task check them for misdoing their business gather the profits to their Lord and Masters use and deliver an account thereof at the years end or otherwise as it shall be called for The Office or Duty of a Bailiff of a Manor or Houshold which in ancient time seems to have been all one Fleta well describes Lib. 2. cap. 72 73. The word Balivus is derived from Baal i. Dominus quia Balivi Dominantur suis subditis quasi corum Magistri Domini Bailiff of the Moot See Moot Bale Fr. A Pack or certain quantity of Merchandise as a Bale of Spicery of Books or Thred I finde the word in the Statute 16 Rich. 2. cap. 1. and still in use And Ballot Fr. a little Pack Balenger Seems to have been a kinde of Barge or Water-vessel by the Statute 28 H. 6. cap. 5. Baliva Statute of Marlbridge 52 Hen. 3. cap. 2. Ubi Balivam habeat vel jurisdictionem Here Baliva is well expounded by the Statute it self for in this place it signifies Jurisdiction Cokes 2 Inst fol. 105. Balivo amovendo Is a Writ to remove a Bailiff out of his Office for want of sufficient living within his Bailiwick Reg. of Writs fol. 78. Balkers or Balcors See Conders Ban or Bans Bannum from the British Ban i. Clamor Is a Proclamation or publick notice given of any thing This word Bans we use in publishing Matrimonial Contracts in the Church before Marriage to the end If any Man can speak against the intention of the parties either in respect of Kinred Pre-contract or otherwise they may take their Exception in time And in the Canon Law Banna sunt Proclamationes sponsi sponsae in Ecclesiis fieri solitae Yet our word Banning seems to come thence being an Exclamation
Berghmaysters that they faithfully Perform their Duties on the Minery And make Arrests and eke impartially Impanel Jurors Causes for to try And see that Right be done from time to time Both to the Lord and Farmers on the Minc Bernet Incendium from the Sax. byrnan to burn Is one of those crimes which by Henry the First 's Laws cap. 13. Emendari non possunt See Opentheff Bery or Bury from the Sax. Byr i. Habitatio A dwelling place a Mansion-house or Court a chief Farm The cheif House of a Mannor or the Lords Seat is still so called in some parts of England as in Herefordshire there are the Beries of Stockton Luston Hope c. Anciently also used for a Sanctuary Berton Bertona a Sax. bere hordeum ton villa Est area in aversa parte aedium ruralium primartarum in qua horrea stabula vilioris officii aedificia sita sunt in qua fodentur domestica animalia negotiationes rusticae peraguntur Rex Thesaurario Baronibus suis de Scaccario salutem Quia volumus quod Castrum nostrum Glocestriae nec-non Tina Bertona Gloc. corpori dicti Comitatus nostri Gloc. annectantur c. Claus 32 Edw. 1. m. 17. Berwica A Hamlet or Village appurtenant to some Town or Mannor often found in Doomsday from the Sax. bereƿica a Corn-Farm or Villa frumentaria Manerium minus ad maius pertinens non in gremio Manerii sed vel in confinio vel dis-junctiùs interdum situm est Spel. Besaile Fr. Bisayeul i. The Father of the Grand-father Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple the day he died and after his death a stranger abates or enters the same day uppn him and keeps out his Heir c. The form and further use of this Writ read in Fitz. Nat. Br. fol. 221. Besca A Spade or Shovel From the Fr. bescher to Dig or Delve In communi pastura turbas cum una sola besca fodient nihil dabunt Prior. Lew. Custamar de Hecham pa. 15. Hence perhaps Una bescata terrae inclusa Mon. Angl. p. 2. fol. 642. a. may signifie a peice of Land usually digged such as Gardiners sow Roots in Bestials Fr. Bestiails i. Beasts or Cattle of any sort Anno 4 Edw. 3 cap. 3. It is written Bestail and is generally and properly used for all kinde of Cattle Mentioned also in 12 Car. 2. cap. 4. Bidale or Bid-all Precaria potaria from the Sax. biddan i. To pray or sapplicate Is the invitation of Friends to drink Ale at the House of some poor Man who thereby hopes a charitable contribution for his relief still in use in the West of England and falsly written Bildale in some Copies of Bracton lib. 4. cap. 1. num ult And mentioned 26 Hen. 8. cap. 6. See Sothale Bidding of the Beads Anno 27 Hen. 8. cap. 26. Was anciently an invitation or notice given by the Parish Priest to his Parishioners at some special times to come to Prayers either for the Soul of some Friend departed or upon some other particular occasion And to this day our Ministers do usually on the Sunday precedent bid such Festivals as happen in the week following Holidays that is desire or invite their Parishioners to observe them Bidding comes from the Sax. biddan i. To desire or intreat and Bead in that language signifies a Prayer Bidripe Bidripa See Bederepes Biga Properly a Cart or Chariot drawn with two Horses coupled side to side but in our ancient Records it is used for any Cart Wain or Waggon Et quod eant cum Bigis carris caeteris falleris super tenementum suum c. 2 Mon. Angl. fol. 256. b. Bigamus Is he that hath married two or more Wives or a Widdow as appears in the Statutes 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst fol. 273. Bigamy Bigamia Signifies a double marriage or the marriage of two Wives it is used for an impediment to be a Clerk Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy Chap. 5. 2. Oportet ergo Episcopum irreprehensibilem esse unitis uxoris virum Upon which the Canonists founded that Doctrine That he that hath married a Widow is by their interpretation taken to have been twice married And both these they not onely exclude from holy Orders but deny them all Priviledges that belong to Clerks But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks though not within Orders the benefit of Clergy in case of Felony not especially excepted by some other Statute Brook tit Clergy Bilanciis deferendis Is a Writ directed to a Corporation for the carrying of Weights to such a Haven there to weigh the Wools that such a Man is licenced to transport Reg. of Writs fol. 270. a. Bilawes or rather By-laws from the Gothish By pagus and lagen Lex or from the Sax. Bilage i. Leges obiter pro re nata conditae are particular Orders made in Court Leets or Court Barons by common assent of the Resiants for the good of those that make them in some particular Cases whereto the Publick Law does not extend Coke Vol. 6. fol. 63. Kitchin fol. 45 79. In Scotland they are called Laws of Burlaw or Birlaw which are made and determined by consent of Neighbors elected by common consent in the Birlaw Courts wherein Knowledge is taken of Complaints betwixt Neighbor and Neighbor which men so chosen are Judges and Arbitrators to the effect aforesaid and are called Birlaw-men For Bawr or Bawrsman in Dutch is Rusticus and so Birlaw or Burlaw Leges Rusticorum Skene By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs are impowred to make By-Laws c. Anno 20 Car. 2. cap. 6. Bilinguis Signifies in the generality a double-tongued Man or one that can speak two Languages yet it is used for that Jury which passeth in any Case betwixt an Englishman and an Alien whereof part must be Englishmen and part strangers Anno 28 Edw. 3. cap. 13. Bill Billa Is diversly used First it is a security for Money under the Hand and Seal of the Debtor and is without condition or forfeiture for non-payment 2. Bill is a Declaration in Writing expressing either the wrong the Complainant hath suffered by the party complained of or else some fault committed against some Law or Statute of the Realm This Bill is most commonly addressed to the Lord Chancellor of England especially for unconscionable wrongs done sometimes to others having Jurisdiction according as the Law whereon they are grounded does direct It contains the Fact complained of the Damages thereby sustained and Petition of Process against the Defendant for redress See more in West par 2. Symbol tit Supplications Bill of Store Is a kinde of
to the Jurors Is either made to the Array or to the Polls To the Array is when the whole number is excepted against as partially empanelled To or by the Poll is when some one or more are excepted against as not indifferrnt Challenge to the Jurors is also divided into Challenge Principal and Challenge per Cause i. Upon Cause or Reason Challenge Principal otherwise called Peremptory is that which the Law allows without cause alleaged or further examination Lamb. Eiren. lib. 4. cap. 14. As a prisoner at the Bar arraigned upon Felony may peremptorily Challenge 20 one after another of the Jury empanelled upon him alleaging no cause but his own dislike and they shall be still put off and new taken in their places But in case of High Treason no Challenge Peremptory is allowed Anno 33 Hen. 8. cap. 23. Yet there seems to be a difference between Challenge Principal and Challenge Peremptory this being used onely in matters criminal and barely without cause alleaged more then the prisoners own fancy Stams Pl. Cor. fol. 124. That in civil actions for the most part and with assigning some such cause of Exception as being found true the Law allows For example if either party alleage That one of the Jurors is the Son Brother Cosin or Tenant to the other or married his Daughter this Exception is good if true without further examination of the parties credit How far this Challenge upon Kinred extends see in Plowden Casu Vernon fol. 425. Also in the Plea of the Death of a Man and in every Real Action and in every Action Personal where the Debt or Damages amount to forty Marks it is a good Challenge to any Juror that he cannot dispend 40â— per annum of Freehold Anno 11 Hen. 7. cap. 21. The ground of this Challenge you may see in Fleta lib. 4. cap. 8. Challenge upon Reason or Cause is when the party does alleage some such Exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgment of the truth of it but rather arbitrable and considerable by the rest of the Jurors as if the Son of the Juror have married the Daughter of the adverse party Kitchin fol. 92. where you may read what Challenges are commonly accounted Principal and what not See the New Book of Entries on this word Challenge which was anciently Latined by Calumnia as appears by Bracton lib. 3. tract 2. cap. 18. See Coke on Littl. fol. 156 157 c. and Calangium Chamberdekins or Chaumberdakins Were certain Irish begging Priests banished England Anno 1 Hen. 5 cap. 7 8. Chamberer Is used for a Chamber-maid Anno 33 Hen. 8. cap. 21. Chamberlain Camerarius Is diversly used in our Chronicles Laws and Statutes as Lord Great Chamberlain of England Lord Chamberlain of the Kings House the Kings Chamberlain Anno 13 Edw. 3. cap. 41. 17 Rich. 2. cap. 6. to whose Office it especially appertains to look to the Kings Chambers and Wardrobe and to govern the under Officers belonging thereto Fleta lib. 2. cap. 6 7. Chamberlain of any of the Kings Courts 7 Edw 6. cap. 1. Chamberlain of the Exchequer 51 Hen. 3. Stat. 5. and 10 Edw. 3. cap. 11. Chamberlain of North-Wales Stow pag. 641. Chamberlain of Chester and Chamberlain of the City of London Crompt Jurisd fol. 7. To which Chamberlainships of London and Chester do belong the receiving all Rents and Revenue appertaining to those Cities and to the Chamberlain of Chester when there is no Prince of Wales and Earl of Chester the receiving and return of all Writs coming thither out of any of the Kings Courts There are two Officers of this name in the Exchequer who keep a Controlment of the Pells of Receipt and â—xitus and certain Keys of the Treasure and Records and the Keys of the Treasury where the Leagues of the Kings Predecessors and divers ancient Books as Domesday and the Black Book of the Exchequer remain This Officer is mentioned in the Statute 34 35 Hen. 8. cap. 16. There are also Under Chamberlains of the Exchequer which see in Under Chamberlain The Latin word seems to express the Function of this Officer For Camerarius dicitur a Camera i. Testudine sivè fornice quia custodit pecunias quae in Cameris praecipuè reservantur Champarti from the Fr. Champ a Field and Parli divided because the Field or Land in question is commonly divided between the Champartor who maintains the sute and the person in whose name and right he sues Signifies a Maintenance of any Man in his sute upon condition to have part of the thing be it Land or Goods when it is recovered This seems to have been an ancient grievance in our Nation for nowithstanding the several Statutes of 3 Edw. 1. cap. 25. 13 Edw. 1. c. 49. 28 Edw. 1. c. 11. 33 Edw. 1. Stat. 2 3. and 1 Rich. 2. cap. 4. And a Form of Writ framed to them yet 4 Edw. 3. cap. 11. it was again Enacted That whereas a former Statute provided Redress for this in the Kings Bench onely which in those days followed the Court from thenceforth it should be lawful for Justices of the Common Pleas and Justices of Assise in their Sessions to enquire hear and determine this and such like Cases as well at Sute of the King as of the Party How far this Writ extends and the divers Forms of it applied to several Cases see Fitz. Nat. Br. fol. 171. Reg. of Writs fol. 183. And New Book of Entries verbo Champarti Every Champarti implies a Maintenance Crompt Jurisd fol. 39. See also 2 Part. Inst fol. 208. Champartors Be they who move Pleas or Sutes or cause them to be moved either by their own procurement or by others and sue them at their proper costs to have part of the Land in variance or part of the gains Anno 33 Edw. 1. Stat. 2. in fine Champion campio Is taken not onely for him that fights the Combat in his own case but for him also that does it in the place or quarrel of another Bracton lib. 3. tract 2. cap. 21. num 24. who also seems to use this word for such as held of another by some service as Campiones faciunt Homagium Domiuo suo lib. 2. cap. 35. Hottoman de verbis feudalibus Defines it thus Campio est Certator pro alio datus in duello a Campo dictus qui circus erat decertantibus definitus And therefore it is called Campfight See Combate and Sir Edward Bishes Notes upon Upton where fol. 36. you will finde that Henricus de Fernbureg for thirty Marks Fee did by a Charter under his Seal Covenant to be Champion for Roger Abbot of Glastonbury Anno 42 Hen 3. see 3 Inst fol. 221. Champion of the King Campio Regis Whose Office is at the Coronation of our Kings to ride into Westminster Hall armed Capâ—aâ—pe when the King is at dinner there and throw down his Gantlet by way of Challenge pronounced by a
Herauld That if any Man shall deny or gain-say the Kings title to the Crown he is there ready to defend it in single Combat c. Which being done the King drinks to him and sends him a gilt Cup with a Cover full of Wine which the Champion drinks and hath the Cup for his Fee This Office ever since the Coronation of King Richard the Second when Baldwin Frevile exhibited his Petition for it was adjudged from him to Sir John Dymock his Competitor both claiming from Marmion as producing better Records and Evidence and hath continued ever since in the worthy family of Dymock who hold the Mannor of Scrivelsby in Lincolnshire hereditarily from the Marmions by Grand Sergeanty viz. That the Lord thereof shall be the Kings Champion as abovesaid Camd. in part Fin. Mich. 1 Hen. 6. Accordingly Sir Edward Dymock performed this Office at the Coronation of His Majesty King Charles the Second 23 April 1661. Chancellor Cancellarius This Officer in late times is greatly advanced not onely in our but in other Kingdoms For he is the chief Administrator of Justice next to the Soveraign All other Justices in this Kingdom are tied to the Law and may not swerve from it in Judgment but the Chancellor hath the Kings absolute power to moderate the Written Law governing his Judgment by the Law of Nature and Conscience and ordering all things juxta aequum bonum Wherefore Stanford in his Praerog cap. 20. fol. 65. says The Chancellor hath two powers one absolute the other ordinary meaning that though by his ordinary power in some cases he must observe the form of proceeding as other Inferior Judges yet in his absolute power he is not limitted by the Written Law but by Conscience and Equity according the Circumstances of Matter And though Polydor Virgil an alien undertaking to write the History of England supposed he did not mistake when he makes our William the Conqueror the Founder of our Chancellors yet our industrious Antiquary Mr. Dugdale can shew us his Error in the many Chancellors of England long before that time which are mentioned in his Origines Juridiciales and Catalogue of Chancellors whose great Authorities under their Kings were in all probability drawn from the reasonable Customs of Neighbor Nations and the Civil Law He that bears this Magistracy is called The Lord Chancellor of England and is made so Per traditionem magni Sigilli sibi per Dominum Regem and by taking his Oath And by the Statute 5 Eliz. cap. 18. the Lord Chancellor and Keeper have one and the same Power and therefore since that Statute there cannot be a Lord Chancellor and Lord Keeper at one and the same time but before there might and hath been Yet see Keeper See Fleta lib. 2. cap. 12 13. and Cokes 4 Instit fol. 78 79. Divers Inferior Officers are also called Chancellors As Chancellor of the Exchequer Anno 25 Hen 8. cap. 16. Whose Office hath been thought by many to have been created for the qualifying extremities in the Exchequer He sits in the Court and in the Exchequer Chamber and with the rest of the Court orders things to the Kings best benefit He is always in Commission with the Lord Treasurer for letting the Lands that came to the Crown by the dissolution of Abbeys or otherwise and hath by the Statute of 33 Hen. 8. cap. 39. power with others to compound for the Forfeitures upon Penal Statutes Bonds and Recognizances entred unto the King He hath also a great Authority and Jurisdiction in the manage and dispose of the Royal Revenue and concerning the First Fruits as appears by the Acts for uniting them to the Crown Chancellor of the Dutchy of Lancaster Anno 3 Edw. 6. cap. 1. and Anno 5 Ejusdem cap. 26. Whose Office is principal in that Court to judge and determine all Controversies between the King and His Tenants of the Dutchy-Land and otherwise to direct all the Kings Affairs belonging to that Court Chancellor of the Order of the Garter Stows Annals pag. 706. Chancellor of the Universities Anno 9 Hen. 5. cap. 8. and Anno 2 Hen. 6. cap. 8. Chancellor of the Court of Augmentations 27 Hen. 8. cap. 27. 32 Ejusdem cap. 20. 33 Ejusdem cap. 39. Chancellor of the First Fruits 32 Hen. 8. cap. 45. Chancellor of Courts 32 Hen. 8. cap. 28. Chancellor of the Diocess 32 Hen. 8. cap. 15 c. Chance medley from the Fr. Chance i. Lapsus and Mesler i. Miscere Signifies the casual slaughter of a Man not altogether without the fault of the slayer Stanf. Pl. Cor. lib. 1 cap. 8. calls it homicide by misadventure West calls it Homicide mixt Part. 2. Symbol tit Indictments Sect. 5. and there defines it thus Homicide mixt is when the Killers ignorance or negligence is joyned with the Chance As if a Man lop Trees by a Highway side by which many usually travel and cast down a bough not giving warning to beware of it by which bough one passing by is by chance slain In this case he offends because he gave no warning that the party nigh have taken better heed See Skene verbo Melletum who says this is called Chaudmelle in Scotland Chancery Cancellaria Is the Grand Court of Equity and Conscience moderating the rigor of other Courts most strictly tied to the Letter of the Law whereof the Lord Chancellor of England is the chief Judge Crompt Jurisd fol. 41. or else the Lord Keeper of the Great Seal since the Statute of 5 Eliz. cap. 18. The Officers belonging to this Court are the Lord Chancellor or Keeper of the Great Seal who is sole Judge here the Master of the Rolls anciently called Gardein des Rolls who in the Lord Chancellors absence heareth Causes and gives Orders 4 Instit fol. 97. Twelve Masters of the Chancery who are Assistants and sit by turns on the Bench the Six Clerks who have each of them about Fifteen Clerks under them in nature of Atturneys in the Court Two chief Examiners who have five or six Clerks a piece One chief Register who hath usually four or five Deputies The Clerk of the Crown the Warden of the Fleet the Usher Sergeant at Arms and Crier of the Court the Cursiters and their Clerks the Clerks of the Petty-Bag the Clerk of the Hanaper the Comptroller of the Hanaper the Clerk of Appeals the Clerk of the Faculties the Scaler the Chafe-Wax the Clerk of the Patents Clerk of Presentations Clerk of Dismissions Clerk of Licences to alienate Clerks of the Enrolments Clerks of the Protections Clerk of the Subpenas Clerk of the Affidavits c. which see described in their several places See Cokes 4 Inst fol. 82. Changer Is an Officer belonging to the Kings Mint whose Function cheifly consists in exchanging Coyn for Bullion brought in by Merchants or others Anno 2 Hen. 6. cap. 12. where it is written after the old way Chaungeour Chantry See Chauntry Chapel Capella Fr. Chapelle i. aedicula Is of two sorts
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
tenenda in Scarcario Is a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Plea between common persons in that Court where neither of them belong thereto Reg. of Writs fol. 187. b. Comorth Comortha From the British Cymmorth Subsidium A Contribution Subsidium à pluribus collatum Anno 4 Hen. 4. cap. 27. And 26 Hen. 8. cap. 6. Prohibits the Levying any such in Wales or the Marches c. It seems this Commorth was gathered at Marriages and when young Priests said or sung their first Masses and sometimes for redemption of Murders or Felonies Companion of the Garter Is one of the Knights of that most Noble Order Anno 24. Hen. 8. cap. 13. See Garter Compositio Mensurarum Is the Title of an ancient Ordinance for Measures not Printed and is mentioned in the Statute of 23 Hen. 8. cap 4. Compromise Compromissum Is a mutual promise of two or more parties at difference to refer the ending of their Controversies to the Arbitrement and Equity of one or more Arbitrators West defines a Compromise or Submission to be the faculty or power of pronouncing Sentence between Persons at Controversie given to Arbitrators by the Parties mutual private consent without publick Authority Par. 2. Symbol Tit. Compromise Sect. 1. Computation Computatio Is the true account and construction of time to the end that neither party do wrong to the other nor that the determination of time be so left at large as to be taken otherways then according to the just Judgment of the Law As if Indentures of Demise are engrossed bearing date 11 May 1669. To have and to hold the Land in S. for three years from henceforth and the Indentures are delivered the Fourth day of June following In this Case from henceforth shall be accounted from the day of the Delivery and not from the date and if the Indenture be delivered at four of the Clock in the Afternoon of the said Fourth day of June the Lease shall end the Third day of June in the Third year For the Law in this Computation rejects all fractions or divisions of the day for the incertainty which always is the Mother of Contention So where the Statute of Enrolments made 27 Hen. 8. cap. 16. is That Writings shall be enrolled within six Moneths after the date thereof if such Writings have date the Six Moneths shall be accounted from the date and not from the Delivery but if they want date then it shall be accounted from the Delivery Coke lib. 5. fol. 1. If any Deed be shewed to a Court at Westminster it shall remain in Court by Judgment of the Law all the Term in which it is shewed for all the Term in Law is but as one day Coke lib. 5. fol. 74. If a Church be void and the Patron does not present within Six Moneths then the Bishop of the Diocess may collate his Chaplain but these Six Moneths shall not be Computed according to Twenty eight days in the Moneth but according to the Kalendar See Kalendar-moneth Computo Lat. Is a Writ so called of the Effect which compels a Bailiff Chamberlain or Receiver to yield his account Old Nat. Br. fol. 58. It is founded on the Statute of Westm 2. cap. 2. And it lies also for Executors of Executors 15 Edw. 3. Stat. de provis victual cap. 5. Thirdly Against the Guardian in Soccage for Waste made in the Minority of the Heir Marlbr cap. 17. And see further in what other Cases it lies Reg. of Writs fol. 135. Fitz. Nat. Br. fol. 116. Conabel Fr. Convenable i. Convenient or fitting We ordain that there be made a Hache of Conabyl heythe crestyd with Pikes of Herne to sore the entry of your Kechyne that no strange peopille may enter with certain Clekets advised be you and be your Steward to such persons as you and them think honest and Conable Artic. Decani Capit. S. Pauli Priorat S. Helenae Dat. 21 Junii 1439. Concealers Concelatores Are such as finde out concealed Lands that is such Lands as are privily kept from the King by common persons having nothing to shew for their Title or Estate therein Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. They are so called a Concelando as Mons à Movendo per Antiphrasin See 3 Part. Inst fol. 188. Where the Author calls them Turbidum hominum genus Concessi a word much used in Conveyances In Law it creates a Covenant as Dedi does a Warranty Coke on Littl. fol. 384. Concord Concordia Agreement Is by a peculiar signification defined to be the very Agreement between Parties who intend the levying a Fine of Lands one to the other how and in what manner the Land shall pass But in the form of it many things are to be considered West pa. 2. Symb. tit Fines and Concords Sect. 30. whom read at large Concord is also an Agreement made upon any Trespass committed betwixt two or more and is divided into a Concord Executory and a Concord Executed See Plowden in Reniger and Fogassa's Case fol. 5 6 8. where it appears by some opinion That the one bindes not as being imperfect the other absolute and ties the party Yet by some other opinion in the same Case it is affirmed That Agreements Executory are perfect and binde no less then Agreements executed Concubinage Fr. Signifies properly the keeping a Whore for ones own filthy use but it is used as an exception against her who sues for Dower alleaging thereby that she was not Wife lawfully married to the party in whose Lands she seeks to be endowed but his Concubine Britton cap. 107. Bracton lib. 4. tract 6. cap. 8. Conders from the Fr. Conduire i. to conduct Are such as stand upon high places near the Sea-coast at the time of Herring-Fishing to make signs with Boughs c. to the Fishers which way the shole of Herrings passeth which may better appear to such as stand upon some high Cliff on the shore by a kinde of blew colour they cause in the Water then to those that are in the Ships These are otherwise called Huers of the Fr. Huyer i. Exclamare and Balkers Directors and Guiders as appears by the Statute 1 Jac. cap. 23. Condition Conditio Is a Manner Law Quality or Restriction annexed to Mens Acts qualifying or suspending the same and making them uncertain whether they shall take effect or no. West pa. 1. Symb. lib. 2. sect 156. In a Lease there may be two sorts of Conditions Condition collateral or Condition annexed to the Rent Coke lib. 3. Penants Case fol. 64. Collateral Condition is that which is annexed to any Collateral Act as that the Lessee shall not go to Paris Ibidem fol. 65. Condition is also divided into Condition in Deed or Fact and Condition in Law which otherwise may be termed Condition expressed and Condition implied Perkins tit Conditions Condition in Deed Is that which is knit and annexed by express words to the Feoffment Lease
the devil or some evil spirit to know any secret or to effect any purpose Anno 5 Eliz. cap. 16. The difference between Conjuration and Witchcraft seems to be because the one endeavors by Prayers and Invocation of Gods powerful names to compel the divol to say or do what he commands him the other deals rather by friendly and voluntary conference or agreement with the devil or familiar to have her or his desires served in lieu of blood or other gift offered him ospecially of his or her Soul And both these differ from Enchantments or Sorcâ—ries because those are personal conferences with the Divel as is said and these are but Medicines and Ceremonial Forms of words called commonly Charms without Apparition Cowel Consanguineo Is a Writ which see in the Reg. of Writs de Avo. Pro avo Consanguineo fol. 226. Conservator of the Truce and safe Conducts Conservator induciarum salvorum Regis Conductuum Was an Officer appointed in every Sea-Port under the Kings Letters Patent and had forty pound for his yearly stipend at the least His charge was to enquire of all offences done against the Kings truce and safe Conducts upon the main Sea out of the Franchises of the Cinque Ports as the Admirals of Custom were wont and such other things as are declared Anno 2 Hen. 5. cap. 6. Touching this matter also see the Statute of 4 Hen. 5. cap. 7. Conservator of the Peace Conservator vel custos Pacis Is he that hath an especial charge by vertue of his Office to see the Kings Peace kept Which Peace Lambert defines to be a with-holding or abstinence from that injurious force and violence which boisterous and unruly persons are in their nature prone to use towards others were they not restrained by Laws and fear of punishment He farther adds that before the time of King Edward the Third who first erected Justices of Peace there were sundry persons who by the Commmon Law had interest in keeping the Peace Of those some had that charge as incident to the Offices they bore and so included in the same that they were called by the name of their Office onely others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace The former and later sort he again subdivides in his Eyren lib. 1. cap. 3. The Corporation of the great Level of the Fens does consist of one Governor Six Bailiffs Twenty Conservators and Commonalty as by the Act of Parliament 15 Car. 2. cap. 17. appears The Chamberlain of Chester is a Conservator of the Peace in that County by vertue of his Office 4 Inst fol. 212. And Petty Constables are by the Common Law Conservators of the Peace c. Conservators of the Priviledges of the Hospitalers and Templers c. Westm 2. cap. 43. See 4 Inst fol. 341. Consideration Consideratio Is the material cause the Quid pro quo of any Contract without which no Contract binds This Consideration is either expressed as if a Man bargain to give Five pounds for a Horse or implied as when the Law it self inforces a Consideration as if a Man come into a Common Inn and there stay some time taking Meat and Lodging or either for himself and his Horse the Law presumes he intends to pay for both though there be no express Contract betwixt him and his Host and therefore if he discharge not the House the Host may stay his Horse Fulb. Paral. tract Contracts fol. 6. Consistory Consistorium Signifies as much as Praetorium or Tribunal It is commonly used for a Council-House of Ecclesiastical Persons or the place of Justice in the Court Christian a Session or Assembly of Prelates Every Archbishop and Bishop of every Diocess hath a Consistory Court held before his Chancellor or Commissary in his Cathedral Church or other convenient place of his Diocess for Ecclesiastical Causes See 4 Inst fol. 338. Sciatis vos omnes caeteri mei fideles qui in Anglia manent quod Espicopales Leges quae non bene secundum Sanctorum Canonum praecepta usque ad mea tempora in Regno Anglorum fuerunt communi Concilio Archiepiscoporum meorum caeterorum Episcoporum Abbatum omnium Principum Regni mei emendendas judicavi Propterea mando Regia Authoritate praecipuo ut nullus Episcopus vel Archi-Deaconus de Legibus Episcopalibus amplius in Hundret placita teneant nec causam quae ad regimen animarum pertinet ad judicium secularium hominum adducant c. This Law made by the Conqueror seems to give the original of the Bishops Consistory as it sits with us divided from the Hundred or County-Court wherewith in the Saxon time it was joyned And in the same Law of his is further added Hoc etiam defendo ut nullus laicus homo de Legibus quae ad Episcopum pertinent se intromittat c. Seldens Hist of Tithes pag. 413 414. Consolidation Consolidatio Is used for the combining and uniting two Benefices in one Broke tit Union and Anno 37 Hen. 8. cap. 21. This word is taken from the Civil Law where it signifies properly an uniting of the possession occupation or profit with the property As if a Man have by Legacy Usum-fructam fundi and afterwards buy the Property or Fee-simple as we call it of the Heir this is called a Consolidation See Union and Unity of Possession Conspirators Are according to the Statute those that do confeder or â—ind themselves by Oath Covenant or other Aliance that every of them shall aid and hear the other falsly and maliciously to indite or cause to indite or falsly to move or maintain Pleas And also such as cause Children within age to Appeal Men of â—elony whereby they are imprisoned and sore grieved and such as retain Men in the Countrey with Liveries or Fées to maintain their malicious enterprises And this extendeth as well to the takers as to the givers And Stewards and Bailiffs of great Lords which by their Seigniory Office or Power undertake to hear or maintain Quarrels Pleas or Debates that concern other Parties then such as touch the estate of their Lords or themselves Anno 33 Edw. 1. Stat. 2. 2 Part. Inst â—ol 384. and 562. Conspiracy Conspiratio Though both in Latin and French it be used for an Agreement of Men to do any thing either good or bad yet in our Law-Books it is always taken in the evil part Anno 4. Edw. 3. cap. 11. 3 Hen. 7. cap. 13. 1 Hen. 5. cap. 3. and 18 Hen. 6. cap. 12. As also New Book of Entries verbo Conspiracy In which places Conspiracy is taken more generally and confounded with Maintenance and Champerty but in a more special signification it is used for a Confederacy of two at the least falsly to endite one or to procure one to be endited of Felony And the punishment of it upon an Indictment of Felony at the Kings suit anciently was That the
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
Poll which names arise from the form or fashion of them the one being cut in and out in the top or side which we call Indented the other being plain A Deed Indented is a Deed consisting of two parts or more for there are Tripartite and Quadripartite Deeds in which it is expressed That the parties thereto have to every part thereof interchangably set their several Seals The cause of their Indenting is that it may appear they belong to one business or contract A Deed Poll or polled anciently called Charta de una parte is a plain Deed without Indenting as if we should say The Indenting is polled or cut off and is used when the Vendor for example onely Seals and there is no need of the Vendees sealing a Counterpart by reason the nature of the Contract is such as it requires no Covenant from the Vendee unless in such case the Vendor will out of caution or curiosity have a Counterpart to see upon any occasion what Covenants himself hath given See Coke on Littl. fol. 35. b. Déemsters or Demsters from the Saxon dema i. a Judge or Umpire All Controversies in the Isle of Man are decided without Process Writings or any Charges by certain Judges whom they chuse from among themselves and call Déemsters Camd. Brit. tit British Islands Deer-Hays Are Engins or great Nets made of Cords to catch Deer Anno 19 Hen. 7. cap. 11. De essendo quietum de Tolonio Is a Writ that lies for those who are by priviledge freed from the payment of Toll which read at large in Fitz. Nat. Br. fol. 226. De expensis militum Is a Writ commanding the Sheriff to levy four shillings per diem for the expences of a Knight of the Shire And a like Writ De expensis Civium Burgensium to levy two shillings per diem for every Citizen and Burgess of Parliament 4 Inst fol. 46. De facto Anno 12 Car. 2. cap. 30. Which is actually done done indeed Default Fr. Defaut Is an Offence in omitting that which we ought to do Of this Bracton hath a whole Tract lib. 5. tract 3. By whom it appears that Default is most notoriously taken for non-appearance in Court at a day assigned Of this you may also read Fleta lib. 6. cap. 14. and Coke on Littl. fol. 259. b. Defeizance of the Fr. Desfaire i. to undo or defeat Signifies a Condition relating to a Deed as to a Recognizance or Statute which being performed by the Recognizor the Deed is disabled and made void as if it never had been done The difference between a Proviso or Condition in Deed and a Defeizance is That those are inserted in the Deed or Grant this is usually in a Deed by it self Of which you may read West at large Par. 1. Symb. lib. 2. sect 156. Defend Fr. Defendre Signifies in our ancient Laws and Statutes to prohibit or forbid As Usuarios defendit quoque Rex Edwardus ne remanerent in Regno LL. Ed. Conf. cap. 37. 5 Rich. 2. cap. 7. Of which thus Chaucer Where can you say in any manner age That ever God defended Marriage And in 7 Edw. 1. we have a Statute entituled Statutum de defensione portandi arma c. It is defended by Law to Distrain in the Highway Coke on Littl. fol. 161. To this day in divers parts of England we say God defend instead of God forbid And the Fench Moneth is more truly called the Defence Moneth i. the Forbidden Moneth See Fench Moneth Defendant Defendens Is he that is sued in an Action Personal as Tenant is he who is sued in an Action Real See Impediens Defendemus Is a word used in Feofments and Donations and hath this force that it binds the Donor and his Heirs to defend the Donce if any Man go about to lay any servitude on the thing given other then is contained in the Donation Bracton lib. 2. cap. 16. num 10. See Warranty Defender of the Faith Defensor fidei Is a peculiar title given to the Kings of England by the Pope as Catholicus to the King of Spain Christianissimus to the King of France and Advocatus Ecclesiae to the Emperor Which title was given by Pope Leo the Tenth to King Henry the Eighth for writing against Martin Luther in behalf of the Church of Rome and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth fol. 105. Deforcement Deforciamentum Matth. Paris fol. 422. Quicunque deforciaverit eis dotem de ipso deforciamento convicti fuerit id est Per vim abstulerit A withholding Lands or Tenements by force from the right owner See Deforceor and Coke on Littl. fol. 331. b. Deforciant Anno 23 Eliz. cap. 3. The same with Deforceor Deforceor Deforciator of the Fr. Forceur i. expugnator Is one that overcomes and casts out by force and differs from Disseisor First in this because a Man may disseise another without force which is called Simple Disseisin Britton cap. 53. Next because a Man may deforce another that never was in possession For example if more have right to Lands as Common Heirs and one entring keeps out the rest the Law says He deforceth them though he do not disseise them Old Nat. Br. fol. 118. And Littleton cap. Discontinuance fol. 117. says He who is inseoffed by the Tenant in Tail and put in Possession by keeping out the Heir of him in Reversion being dead doth deforce him though he did not disseise him because he entered when the Tenant in Tail was living and the Heir had no present right A Deforceor differs from an Intruder because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Possessor And a Deforceor is he that holds out the right Heir as abovesaid Bracton lib. 4. cap. 1. Degrading See Disgrading Delegates Anno 25 Hen. 8. cap. 19. Are Commissioners so called because delegated or appointed by the Kings Commission under the Great Seal to sit upon an Appeal to the King in the Court of Chancery in three Cases First When a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly When any Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When a Sentence is given in the Admiral Court in Sutes Civil and Marine by order of the Civil Law 4 Part. Inst fol. 339. Anno 8 Eliz. cap. 5 Deliverance See Replegiare Delf from the Sax. delfan to dig or delve Is a Quarry or Mine where Stone or Coal is dug Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth there is mention of a Mine or Delf of Copper Camd. Demain or Demesn Dominicum Gallis Domanium Italis Demanium Accipitur multipliciter says Bracton Est autem Dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands Anglicè i. Dominicum ad mensam Item dicitur Dominicum
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
in Jamaica Granadillo The tree is low and small seldom bigger then a mans leg Jampnum Furze or Gorse and Gorstyground 1 Part Croke fo 179. A word much used in Fines and seemes to be taken from the Fr. Jaulne i. Yellow because the blossomes of Furze or Gorse are so Yet Sir Edw. Coke on Litt. pa. 5. sayes Jampna signifies a waterish place quaere Jarr Span. Jarro i. An Earthen Pot with us it is taken for an Earthen pot or Vessel of Oyl containing twenty Gallons Jarrock Anno 1 Rich. 3. ca. 8. Is a kind of Cork so called with which this Statute prohibits Dyers to Dye Cloth Identitate nominis Is a Writ that lies for him who is taken upon a Capias or Exigent and committed to prison for another man of the same name whereof see the form and further use in Fitz. Nat. Br. fo 267. and Reg. of Writs fol. 194. Idemptitate nominis maintainable by Executors c. Anno 9 Hen. 6. ca. 4. Ides Idus Eight dayes in every Moneth so called In March May July and October these eight dayes begin at the eighth day of the Moneth and continue to the fifteenth in other Moneths they begin at the sixth day and continue to the thirteenth Note that the last day onely is called Ides and the first of these dayes the eighth Ides the second the seventh Ides that is the eighth or seventh day before the Ides and so of the rest Therefore when we speak of the Ides of such a Moneth in general it is to be understood of the 15th or 13th day of that Moneth See Calends Ideot Is a Greek word properly signifying a private man who has no publick Office Among the Latins it is taken for illiteratus imperitus and in our Law for non compos mentis vulgarly a natural fool The words of the Statute 17 Ed. 2. ca. 9. are Rex habebit custodiam terrarum fatuorum naturalium Whereby it appears he must be a natural fool that is a Fool a Nativitate For if he were once wise and became a Fool by chance or misfortune the King shall not have the custody of him Stam. Praerog ca. 9. Fitz. Nat. Br. fol. 232. If one have so much understanding as to measure a yard of Cloth number 20 pence or rightly name the dayes in the week or beget a Child he shall not be accounted an Ideot or Natural Fool by the Laws of the Realm See Cokes 4 Rep. Beverlys Case Idiota inquirenda vel examinanda Is a Writ directed to the Escheator or Sheriff of any County where the King hath notice of an Idiot naturally born so weak of understanding that he cannot manage his inheritance to call before him the party suspected of Idiocy and examine him and to enquire by the oaths of Twelve Men whether he be sufficiently witted to dispose of his own Lands with discretion or not and to certifie accordingly into Chancery For the King hath by his Prerogative the Protection of his Subjects and the Government of their Lands and Substance who are naturally defective in their discretion Stat. 17 Edw. 2. cap. 9. Reg. of Writs fol. 267. Jeman Sometimes used for Yeoman Sciant quod ego Johannes Smith de Bromyard in Com. Heref. Jeman dedi Ricardo Wiggemore Arm. omnia terr Tenementa c. Dat. 10 Jan. Anno 9 Hen. 6. Jeofaile Is a corruption from the Fr. I'ay faille i. Ego lapsus sum and signifies an oversight in Pleading or other Law proceedings And by the Stat. 32 Hen. 8. cap. 30. it is enacted That if the Jury have once passed upon the Issue though afterwards there be found a Jeofail in the Pleading yet judgment shall be given according to the Verdict See Broke tit Repleader A Jeofail is when the parties to a Sute have proceeded to Issue and this Pleading or Issue is so badly pleaded or joyned or the proceedings so defective that it will be Error if they proceed Then some of the said parties might by their Council shew it to the Court which occasioned many delays in Sutes for redress whereof the foresaid Statute with others in Queen Elizabeth and King James Raigns were made and yet the fault not much amended Jetsen Jetzon and Jotson from the Fr. jetter i. ejicere Is any thing cast out of a Ship being in danger of Wreck and driven to the shore by the Waves See Flotson Jews Judaei See Judaism Anciently we had a Court of the Justices assigned for the Government of the Jews See 4 Instit fol. 254. Rex Vic. Wigorn. salutem Praecipimus tibi quod clamari observari facias per totam Balivam tuam quod omnes Judaei deferant in supeperiori indumento suo ubicunque ambulaverint vel equitaverint infra villam vel extra quasi duas tabulas albas in pectore factas de lineo panno vel de pergameno ita quod per hujusmodi signum manifestè possint Judaei a Christianis discerni T. Comite apud Oxon. 30 Martii Claus 2 Hen. 3. p. 1. m. 10. in Dorso Ignitegium See Curfeu Ignoramus i We are ignorant Is properly written on the Bill of Indictments by the Grand Enquest empanelled in the Inquisition of Causes Criminal and Publick when they mislike their Evidence as defective or too weak to make good the Presentment The effect of which word so written is that all farther enquiry upon that party for that fault is thereby stopped and he delivered without farther Answer It hath a resemblance with that custom of the ancient Romans where the Judges when they absolved a person accused wrote A. upon a little Table provided for that purpose i. Absolvimus If they judged him guilty they wrote C. i. Condemnamus If they found the Causes difficult and doubtful they wrote N. L. i. Non Liquet Ikenild-stréet Stratum Icenorum Is one of the four famous ways which the Romans made in England taking name Ab Icenis who were the Inhabitants of Norfolk Suffolk and Cambridgshires Cam. Brit. fol. 343. See Watling-street and LL. Edovardi Confess cap. 12. Illeviable That ought not or may not be levied As nihil is a word set upon a debt Illeviable Imbargo Span A stop or stay commonly upon Ships by publick Authority Anno 18 Car. 2. cap. 5. Imbezle or Imbesil To steal pilfer or purloyn Mentioned Anno 14 Car. 2. cap. 31. Imbracery See Embracery Imparlance interlocutio or interloquela Is a Motion or Petition made in Court by the the Tenant or Defendant upon the count of the Demandant or Declaration of the Plaintiff whereby he craves respight or a further day to put in his Answer See Broke tit Continuance Imparlance is general or special Special is with this clause Salvis omnibus advantagiis tam ad jurisdictionem Curiae quam Breve Narrationem Kitchin fol. 200. General is that which is made at large without inserting that or the like cause See Emparlance Imparsonée As Parson imparsonee persona impersonata is he that is inducted and in
adulteration of Wines in which last use it is prohibited by Stat. 12 Car. 2. ca. 25. Issue Exitus Hath divers applications sometime being used for the Children begotten between a Man and his Wife sometime for Profits growing from Amercements or Fines sometimes for Profits of Lands or Tenements Westm 2. An. 13 Ed. 1. ca. 39. Sometime for that point of matter depending in Suite whereon the parties joyn and put their Cause to the Trial of the Jury And in all these it has but one signification which is an effect of a Cause preceding as Children are the effect of the Marriage the Profits growing to the King or Lord from the punishment of any mans Offence is the effect of his Transgression the point referr'd to 12 Men is the effect of pleading or process Issue in this last signification is either general or special General Issue seems to be that whereby it is referr'd to the Jury to bring in their Verdict whether the Defendant have done any such thing as the Plaintiff lays to his charge For example if it be an Offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General Issue See Doctor and Student fo 158. b. The Special Issue then must be that where special matter being alledged by the Defendant for his defence both parties joyn thereupon and so grow either to a demurrer if it be quaestio juris or to a Trial by the Jury if it be quaestio facti An. 4 Hen. 8. ca. 3. See the New Book of Entries verbo Issue and 18 Eliz. ca. 12. Itinerant Itinerans i. That takes a journey Those were anciently called Iustices itinerant who were sent with Commission into divers Counties to hear such causes specially as were termed Pleas of the Crown See Iustices in Eyre Judaism Iudaismus The Custom Religion or Rites of the Iews This word was often used by way of exception in old Deeds as Sciant Quod ego Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti unum croftum Habend de me heredibus meis sibi haeredibus ejus vel ejus assignatis eorum heredibus cuicunque quocunque vel quandocunque dictum Croftum dare vendere legare invadiare vel aliquo modo assignare voluerint in quocunque statu fuerint libere quiete integre bene in pace excepta Religione Judaismo c. Sine dat The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament the King had a Fifteenth granted him Pro expulsione Iudaeorum Iudaismus was also anciently used for a Morgage Pro hac autem donatione dederunt mihi dicti Abbas Canonici sex Marcas Sterl ad acquietandam terram praedictam de Judaismo in quo fuit impignorata per Rob. fratrem meum c. Ex magno Rot. Pipae de Anno 9 Edw. 2. Judgment Iudicium quasi juris dictum The very voice of Law and Right and therefore Iudicium semper pro veritate accipitur The ancient words of Iudgment are very significant Consideratum est c. because Iudgment is ever given by the Court upon consideration had of the Record before them and in every Judgment there ought to be three persons Actor Reus Iudex Of Iudgments some are final and some not final c. See Coke on Littl. fol. 39. a. Judicium Dei The Judgment of God so our Ancestors called those now probibited Tryals of Ordael and its several kindes Si se super defendere non posset Judicio Dei scil Aquâ vel ferro fieret de eo justitia LL. Divi Edw. Confess cap. 16. See Spelm. Gloss on this word Judgment or Tryal by the Holy Cross long since disused See Cressy's Church-History fol. 960. Jugum terrae In Domesday contains half a P o 〈…〉 and. Jun 〈…〉 ia from juncus A Soil where Rushes grow Coke on Littl. fol. 5. Cum Piscariis Turbariis Juncariis communibus Pasturis ad Messuagium praedictum pertin Pat. 6 Edw. 3. pa. 1. m. 25. Jura Regalia See Regalia Jurats Iurati Anno 2 3 Edw. 6. cap. 30. As the Major and Iurats of Maidstone Rye Winchelsey Tenterdon c. are in the nature of Aldermen for Government of their several Corporations and the name is taken from the French where among others there are Major Iurati Suessenses c. Vide Choppin Doman Fran. lib. 3. Tit. 20. sect 11. p. 530. So Iersey hath a Bailiff and Twelve Iurats or sworn Assistants to govern the Island Cam. Romene◠Marsh is incorporate of one Bailiff xxiiii Iurats and the Commonalty thereof by Charter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist of Imbanking and Draining fol. 34. b. Jury Iurata from Iurare to swear Signifies Twenty four or twelve Men sworn to inquire of the matter of Fact and declare the Truth upon such Evidence as shall be delivered them touching the matter in question of which Iury who may and who may not be impaneld see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England one by Battel the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5 6 7. who adds a third by Parliament The Tryal by Assise be the Action Civil or Criminal Publick of Private Personal or Real is referred for the Fact to a Iury and as they finde it so passeth the Judgment which by Bracton lib. 2. cap. 7. is called Regale beneficium c. This Iury is not onely used in Circuits of Justices but in other Courts and Matters of Office as if the Coroner enquire how a subject found dead came to his end he useth an Enquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bailiff of a Hundred the Steward of a Court Leet or Court Baron if they enquire of any offence or decide any Cause between party and party do it by the same manner So that where it is said all things are tryable by Battel or Assise Assise in this place is taken for a Iury or Enquest empanelled upon any Cause in a Court where this kinde of Tryal is used This Iury though it pertain to most Courts of the Common Law yet is it most notorious in the half-yearly Courts of the Justices Itinerants or of the Great Assises and in the Quarter Sessions where it is usually called a Iury and that in Civil Causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron a Iury of the Homage In the General Assise there are usually many Iuries because there are many Causes both Civil and Criminal commonly to be tryed whereof one is called the Grand Iury or Great Enquest and the rest Petit Iuries whereof it seems there should be one for every Hundred Lamb. Eiren. lib. 4. cap. 3. pag. 384. The Grand Iury consists ordinarily of Twenty four grave and substantial Gentlemen or some of them of the better sort of Yeomen chosen
Lord by his Office and hath the hearing and determining all offences within the Forest committed against Venison or Vert of these there are two whereof the one hath Jurisdiction over all the Foresta on this side Trent the other over all beyond The cheifest point of their Jurisdiction consists in the Articles of the Kings Charter called Charta de Foresta made 9 Hen. 3. See Cam. Britan. pag. 214. The Court where this Iustice sits is called the Iustice Seat of the Forest held once every three years See Manwood par 1. pag. 121. 154. He is also called Iustice in Eyre of the Forest This is the onely Iustice that may appoint a Deputy by Stat. 32 Hen. 8. cap. 35. Justice of Assise Iusticiarii ad capiendas Assisas Are such as were wont by special Commission to be sent as occasion was offered into this or that County to take Assises for the ease of the people And it seemes the Iustices of the Common Pleas had no power to take Assises until the Statute of 8 Rich. 2. cap. 2. for by that they are enabled thereto and to deliver Goals And the Iustices of the Kings Bench have by that Statute such power affirmed unto them as they had One hundred years before Of later years it is come to pass that these Commissions Ad capiendas Assisas are executed in the Lent and long Vacation when the Iustices and Lawyers are most at leasure to attend them Hence the matters accustomed to be heard by more general Commission of Iustices in Eyre are heard all at one time with the Assises which was not so of old as appears by Bracton lib. 3. cap. 7. num 2. Yet no Iustice of either Bench nor any other may be Iustice of Assise in his own Countrey Anno 8 Rich. 2. cap. 2. and 33 Hen. 8. cap. 24. And these who are in one word called Iustices of Assise and twice every year go the circuit by two and two through all England have one Commission to take Assises another to deliver Goals another of Oyer and Terminer c. See Assise and Cromp. Iuris fol. 210. That Iustices of Assise and Iustices in Eyre did anciently differ appears Anno 27 Edw. 3. cap. 5. And that Iustices of Assise and Iustices of Goal Delivery were divers is evident by Anno 4 Ed. 3. cap. 3. The Oath taken by Iustices of Assise is all one with that taken by the Iustices of the Kings Bench. Old Abridgment of Statutes titulo Sacramentum Iusticiariorum Justices of Oyer and Terminer Justiciarii ad audiendum terminandum were Justices Deputed upon some special or extraordinary occasion to hear and determine some particular Causes Fitz. in his Nat. Br. saith The Commission of Oyer and Terminer is directed to certain persons upon any Insurrection heinous Demeanor or Trespass committed And because the occasion of granting this Commission should be maturely weighed it is provided by the Statute 2 Edw. 3. cap. 2. That no such Commission ought to be granted but that they shall be dispatched before the Iustices of the one Bench or the other or Iustices Errants except for horrible Trespasses and that by special favor of the King The Form of this Commission see in Fitz. Nat. Br. fol. 110. Justices in Eyre Justiciarii itinerantes alias Errantes alias Perlustrantes are so termed of the old French word Erre i. iter as a grand Erre i. magnis itineribus proverbially spoken These in ancient time were sent with Commission into divers Counties to hear such Causes specially as were termed the Pleas of the Crown and that for the ease of the Subject who must else have been hurried to the Courts at Westminster according to their several Jurisdictions if the Cause were too high for the County Court These Justices according to Gwin in his Preface to his Reading were anciently sent but once in seven years with whom Horn in his Mirror of Justices seemes to agree Lib. 2. cap. Queux point estre actors c. And Lib. 3. cap. De Justices in Eyre where he also declares what belonged to their Office but that they were sent oftner see Orig. Iuridiciales They were instituted by Henry the Second Cam. Brit. pag. 104. and were much like in some respect to the Iustices of Assise at this day although for Authority and manner of proceeding far different Coke on Littl. fol. 293. b. Justices of Goal Delivery Iusticiarii ad Goalas deliberandaâ— Are such as are sent with Commission to hear and determine all Causes appertaining to those who for any offence are cast into the Goal part of whose authority is to punish such as let to Mainprise those Prisoners who by Law are not bailable Fitz. Nat. Br. fol. 151. These probably in ancient time were sent into the Counties upon this several occasion But afterwards Iustices of Assise had this in Commission also Anno 4 Edw. 3. cap. 3. Their Oath is all one with other of the Kings Iustices of either Bench. Justice of the Hundred Iusticiarius Hundredi Erat ipse Hundredi Dominus qui Centurio Centenarius Hundredique Aldermannus appellatus est Praeerat omnibus Hundredi Friborgis cognovitque de causis majusculis quae in eisdem finiri non potuerunt Spelm. Justicements from Iustitia All things belonging to Justice Coke on Westm 1. fol. 225. Justices of Laborers Were Iustices appointed in former times to redress the frowardness of Laboring men who would either be idle or have unreasonable wages Anno 21 Edw. 3. cap. 1. 25 Ejusdem cap. 8. And 31 Ejusdem cap. 6. Justices of Nisi Prius Are now all one with Iustices of Assises For it is a common Adjournment of a Cause in the Common Pleas to put it off to such a day Nisi prius Iusticiarii venerint ad eas partes ad capiendas Assisas Upon which Clause of Adjournment they are called Iustices of Nisi Prius as well as Iustices of Assises by reason of the Writ or Action they have to deal in Their Commission you may see in Cromp. Iuris fol. 204. Yet he makes this difference between them because Iustices of Assise have power to give Judgment in a Cause and Iustices of Nisi Prius onely to take the Verdict But in the nature of both their Functions this seems to be the greatest difference that Iustices of Nisi Prius have Jurisdiction in Causes Personal as well as Real whereas Iustices of Assise in strict acception deal onely in the Possessory Writs called Assises Cowel Justices of Trail-baston Were Justices appointed by King Edward the First Anno 1305. upon occasion of great disorders in the Realm during his absence in the Scotish and French Wars They were so called according to Holinshed of trailing or drawing the Staff of Justice or for their summary proceeding according to Coke 12 Rep. fol. 25. where it is said they were in a manner Iustices in Eyre and their Authority founded on the Statute of Ragman What their Office was take from a coetaneous Author
to real and mixt Actions and Mainpernors to personal lib. 3. ca. des Pledges Mainpernors See 4 Inst fo 179. â—ainsworn in the North signifies as much as Forsworn Brownl Rep 4. Hâ—b rep 8. Maintainor Anno 19 Hen. 7. ca. 14. Is he that maintains or seconds a Cause depending in Sute between others either by disbursing Money or making Friends for either party towards his help Maintenance Manutenentia Signifies the upholding or maintaining a Cause or Person eithor by Word Writing Countenance or Deed Metaphorically taken from the succoring a young Child that learns to go by ones hand and is used in the evil part Anno 32 Hen. 8. ca. 9. When a Mans Act in this kind is by Law accounted Maintenance and when not See Brooke tit Maintenance and Kitchin fo 202. There lies a Writ against a Man for this offence called a Wrâ—t ef Maintenance See Coke on Litt. fo 368. b. Maison dieu Fr. An Hospital or Alms-house See Meason dieu Make Facere Signifies to perform or execute as to make his Law is to perform that Law which he has formerly bound himself unto that is to clear himself of an Action commenced against him by his Oath and the Oathes of his Neighbors Old Nat. Br. fo 267. Kiâ—câ—in fo 192. Which Law seems to be borrowed of the Feudists who call those Men that swear for another in this Case Sacramenâ—ales The formal words used by him that makes his Law are commonly these Hear O ye Iustices that I do not oâ—â— this summ of Money demanded neither all nor any part thereof in Manner and Form declared So help me God and the Contents of this Book To make Services or Custom is nothing else but to perform them Old Nat. 〈◊〉 fo 14. â—alediction Maledictio A Curse which was of old usually annexed to Donations of Land made to Churches and Religious Housâ—â— Si quic autem quod no◠〈◊〉 〈…〉 c â—ostram Donationem infringero 〈◊〉 pâ—rpâ—ssâ—◠〈◊〉 gelidâ—â— glaci 〈…〉 â—â—â—tibus maligâ—orum Spiriâ—uâ—m terribiles 〈◊〉 cruciatâ—◠〈◊〉 sisse non quiâ—scaâ— nâ—sâ— priâ—â— in riguâ—â— p 〈…〉 gâ—mit 〈…〉 purâ—â—mendatione emendaâ—â—rit Carta Regis Athelstani Monast dâ— Wilâ—unâ— Anno 933. Again Bolial sâ— qâ—iâ— filiâ—â— cartaâ—â— haâ—â— j 〈…〉 〈◊〉 conscriptam inimicali zelâ— corrumperâ— deâ—idâ—r 〈◊〉 〈◊〉 non dâ—biâ—â—t a 〈◊〉 〈◊〉 mei servientibus deo nunc 〈◊〉 usque in sâ—mpiternum abdicatum excommunicatum sine fine cruciandum unde post mortem a Tartariis rapsus Ministris in profundum pestiferae mortis inferni flammigera concludetur in Domo ibidem in quandam ollam Vulcani ligatis projicietur membris quae assidue bulliente pice repleta esse testatur a talibus frangentibus seu minuentibus intolleratissime atrociterque absque ulla misericordia sentitur nisi hoc ante mortem paenitentiae lamentis emendaverit Carta Eadredi Regis Mon. Angl. 2 Par. fo 867. Quod si forte post haec aliquis haeredum meorum de biis Elemosynis a pr 〈…〉 fata Ecclesia aliquid abstulerit ex ore meo in conspectu Dei sit ille maledictus in tremendo Iudicio nisi resipuerit condemnatus Amen Carta Roberti Camerarii Comitis Richmundiae in Bibl. Cotton Malefesance From the Fr. Malfaire i. To offend or transgress A doing of evil a transgressing Crokes Rep. 2 Par. fo 266. Maletent or Maletolte Fr. Maletoste i. Malum vel indebitum Telonium In the Statute called the Confirmation of the Liberties c. Anno 25 Edw. 1. ca. 7. Is interpreted to be a Toll of 40s for every sack of Wool Stow in his Annals calls it a Maletot fo 461. See the Stat. de Tallagio non concedendo Anno 35 ejusdem Nothing from henceforth shall be taken of Sacks of Wool by color or occasion of Maletent In France they had an extraordinary Tax called Maletoste Malin See Marle Malveis procurors in Art super Chartas ca. 10. Is understood of such as use to pack Juries by nomination or other practise or procurement 2 Inst fo 561. Manbote Sax. Man-bot A recompense for Homicide or a compensation due to the Lord for the slaughter of his Man or Vassal Manbote vero i. compensatio Domino persolvenda pro homine suo occiso Anglorum lege Regi Archiepiscopo tres Marcas de hominibus eorum propriis sed Episcopo ejusdem Comitatus Consuli dapifero Regis viginti solidos Baronibus autem aliis decem solidos c. Spel. de Concil Vol. 1. fol. 622. See Hoveden parte poster annal fo 344. Bote. Manca Charta Regis Eadgari Eccles Sancti Pauli Anno 867. Indictione 15. cum lato digno pretio i. lx Mancas in auro purissimo was a square piece of Gold commonly valued at 30 pence Mancusa was as much as a Mark of Silver Notes upon Canutus Lawes id est Manucusa Coyned with the hand Manciple Manceps A Clerk of the Kitchin or Caterer An Officer anciently so called in the Inner-Temple now he is called Steward there and still in Colledges of whom Jeoffrey Chaucer our ancient Poet and a Student in this House thus A Manciple there was in the Temple Of which all Catours might taken ensemple Mandamus Is a Writ that lay after the year and day where in the mean time the Writ called Diem clausit extremum had not been sent out to the Escheator Fitz. Nat. Br. fo 253. b. See Diem clausit extremum Mandamus was also a charge to the Sheriff to take into the Kings hands all the Lands and Tenements of the Kings Widow who against her Oath formerly given Married without the Kings consent Reg. fo 295. b. See Widow Mandatary Mandatarius He to whom a Commandement or Charge is given Also he that comes to a Benefice by a Mandamus Mandate Mandatum Is a Commandement judicial of the King or his Justices to have any thing done for the dispatch of Justice whereof you may see diversity in the Table of the Register Iudicial on this word The Bishops Mandat to the Sheriff Anno 31 Eliz. ca. 9. Manentes Was anciently used for Tenentes or Tenants Concil Synodal apud Clovesho Anno 822. Also Manses or Hides of Land Cressy's Ch. History fo 723. Manning Manopera A dayes Work of a Man in some ancient Deeds I have seen reserved so much Rent and so many Mannings Manor Manerium a Manendo of abiding there because the Lord of it did usually reside there Est feodum nobile partim vassallis quos Tenentes vocamus ob certa servitia concessum partim Domino in usum Familiae suae cum jurisdictione in vassallos ob concessa praedia reservatum Quae vassallis conceduntur terras dicimus tenementales quae domino reservantur dominicales Totum vero feodum dominium appellatur olim Baronia unde Curia quae huic praeest jurisdictioni hodie Curia Baronis nomen retinet Touching its original There was antiently a certain compass of Ground granted by the
an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any Sute in Law as Praemuniri Outlary Villenage professed in Religion Excommunication or because he is a stranger born howbeit the last holds only in actions real or mixt and not in personal except he be a stranger and an Enemy The Civilians say such a Man has not Personam standi in judicio See Brooke hoc tit and Fitz. Nat. Br. fo 35. 65 and 77. Non admittas See Ne admittas Nonage Is all the time of a Mans age under one and twenty years in some cases or 14 in others as Marriage See Broke tit Age. See Age. Non capiendo Clericum See Clericum non capiendo Non-claim Is an omission or neglect of a Man that claims not within the time limited by Law as within a year and day where continual claim ought to be made or within five years after a Fine levied Vide Coke lib. 4. in Proaem and Continual Claim Non compos mentis Is a Man of no sound Memory and understanding of which there are four sorts 1. An Ideot who from his Nativity by a perpetual infirmity Is Non compos mentis 2. He that by sickness grief or other accident wholly loseth his Memory and Understanding 3. A Lunatick that has sometimes his understanding and sometimes not aliquando gaudet lucidis intervallis Lastly He that by his own act for a time deprives himself of his right mind as a Drunkard but that kind of Non compos mentis shall give no priviledge or benefit to him or his heirs and a Descent takes away the Entry of an Ideot albeit the want of understanding was perpetual Coke lib. 4. Beverly's Case Non diâ—â—ringendo Is a Writ comprizing divers particulars according to divers cases which you may see in the Table of Reg. of Writs Non est culpabilis Is the general Plea to an action of Trespass whereby the Defendant does absolutely deny the fact charged on him by the Plaintiff whereas in other special Answers the Defendant grants the fact to be done but alleages some reason in his defence why he lawfully might do it And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the Sute of the King or other wherein the Defendant denies the Crime objected to him See New Book of Entries tit non Culp Stamf. pl. Cor. lib. 2. ca. 62. Non est factum Is a Plea to a Declaration whereby a Man denies that to be his deed whereupon he is impleaded Brooke hoc titulo Non implacitando aliquem de libero tenemento fine brevi Is a Writ to inhibit Bailiffs c. from Distreming any Man without the Kings Writ touching his Freehold Reg. of Wrtis 171. b. Non intromittendo quando breve Praecipe in capite subdole impetratur Is a Writ which had dependence on the Court of Wards and therefore now obsolete Reg. of Writs fo 4. b. Non merchandizando victualia Is a Writ directed to the Justices of Assise commanding them to enquire whether the Officers of such a Town do sell Victuals in gross or by retain during their Office contrary to the Statute and to punish them if they find it true Reg. of Writs fo 184. Non molestando Is a Writ that lies for him who is molested contrary to the Kings protection granted him Reg. of Writs fo 24. Non obstante notwithstanding Is a word or clause usual in Statutes and Letters Patent All grants of such PensioÌ„ns and every non obstante therein contained shall be void Stat. 14 Car. 2. ca. 11. v. 3 Part Crokes Rep. fo 196. and Plow Com. fo 501 502. In Henry the Thirds time says Sir Richard Baker the Clause non obstante brought in first by the Pope was taken up by the King in his Grants and Writings See Pryns Animadversions on fourth Inst fo 129. Non omittas Is a Writ lying where the Sheriff delivers a former Writ to a Bailiff of a Franchise in which the party on whom it is to be served dwels and the Bailiff neglects to do it In this case the Sheriff returning that he delivered it to the Bailiff this shall be directed to the Sheriff charging him to execute the Kings command himself Old Nat. Br. fo 44. Of this the Reg. of Writs has three sorts fo 82. b. 151. Non ponendo in Assisis Juratis Is a Writ founded upon the Stat. Westm 2. ca. 38. and the Stat. Articuli super Chartas ca. 9. which is granted upon divers causes to Men for the freeing them from serving upon Assises and Juries as by reason of old age c. See Fitz. Nat. Br. fo 165. and Reg. fo 179. 181. Non procedendo ad Assisam Rege inconsulto Is a Writ to stop the Trial of a Cause appertaining to one who is in the Kings service c. until the Kings pleasure be farther known Reg. fo 220. Non residentia pro Clericis Regis Is a Writ directed to the Ordinary charging him not to molest a Clerk imployd in the Kings Service by reason of his Non-residence Reg. of Writs fol 58. b. Non Residence Anno 28 Hen. 8. cap. 13. Is applied to those Spiritual Persons that are not Resident but do absent themselves by the space of one Moneth together or two Moneths at several times in one year from their Dignities Prebends or Benefices For Regularly Personal Residence is required of Ecclesiastical Persons upon their Cures See 2 Part Instit fol. 625. Non solvendo pecuniam ad quam Clericus mulctatur pro non Residentia Is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the Kings for Non-residency Reg. of Writs fol. 59. Non-sute i Non est Prosecutus c. Is a Renunciation of the Sute by the Plaintiff or Demandant most commonly upon the discovery of some Error or Defect when the Matter is so far proceeded in as the Jury is ready at the Bar to deliver their Verdict Anno 2 Hen. 4. cap. 7. See the New Book of Entries verbo Nonsute The Civilians term it Litis Renunciationem Non-tenure Is an Exception to a Count by saying That he holdeth not the Land mentioned in the Count or at least some part of it Anno 25 Edw. 3. stat 4. cap. 16. West par 2. Symb. tit Fines sect 138. Mentions Non-tenure general and Non-tenure special This is an Exception alleaging that he was not Tenant the day whereon the Writ was purchased General is where one denies himself ever to have been Tenant to the Land in question See New Book of Entries Aerbo Non tenure Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae Is an Exception taken to any Act declared by the Plaintiff or Demandant to be done by another and whereon he grounds his Plaint or Demand And the effect of
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
return of Cattle to the owner unjustly taken by another as Damage-Feisant and so found by the Jury before Justices of Assise in the County or otherwise by default of Prosecution For which see Reg. of Writs Judic fol. 27. â—eve alias Greve Germanicè Grave Sax. gerefa Praefectus Praepositus Signifies the Bailiff of a Franchise or Mannor especially in the West parts Hence Shire-reve a Shiref See Kitchin fol. 43. See Greve and Shiref and Tun-greve See Verstegan cap. 10. and Church-reve Reveland See Teinland Revenue Fr. Revenu Signifies properly the Yearly Rent and Profits that accrews to every Man from his Lands and Possession Reversion Reversio Signifies a returning again Therefore Reversio terrae est tanquam terra revertens in possessione Donatori sive haeredibus suis post donum finitum Coke on Littl. fol. 142. b. It hath a double acception the one is Jus revertendi cum status possessionis defecerit and this is but an interest in the Land when the Occupation and Possession of it shall fall and so it is commonly taken 2. When the Possession and Estate which was parted with for a time ceaseth and is determined in the persons of the Alienees Assignees Grantees or their Heirs or effectually returns to the Donor his Heirs or Assigns whence it was derived This is the most proper signification of the word which is derived from Revertor apte dici non potest Reversio antequam revertatur in facto See Littl. lib. 2. cap. 12. And see Remainder Review Fr. Reveue A Bill of Review in Chancery is where the Cause hath been heard and the Decree signed and enrolled and some Error in Law appears in the Body of the Decree or new matter discovered in time after the Decree made Which Bill must be exhibited by leave of the Court and not otherwise Coll. of Orders in Chanc. pag. 69. Reviving Is a word metaphorically applied to Rents and Ac 〈…〉 and signifies a renewing them after they 〈◊〉 extinguished Whereof see divers examples in Brook tit Revivings of Rents Action c. fol. 223. Bill of Revivor Is where a Bill hath been exhibited in Chancery against one who answers and before the Cause is heard or if heard the Decree be not inrolled and either party dies In this Case a Bill of Revivor must be brought to the end the former proceedings may stand Revived and the Cause be finally determined Revocation Revocatio Is the recalling a thing granted Of which you have divers in the Register of Writs As Revocationem brevis de audiendo terminando fol. 124. Revocationem Praesentationis fol. 304 305 c. Rewey Anno 43 Eliz. cap. 10. So as the same Cloaths being put in water are found to shrink Rewey Squally Cockling Light and notable faulty c. i. Unevenly wrought or full of Rews Ribaud Fr. Ribauld A Rogue Rascal Fornicator Whoremonger Rot. Parl. 50 Edw. 3. num 61. Petition against Ribauds and sturdy Beggars Rider-Roll See in Roll. Ridge or Rig of Land Riga Terram quam è pluribus sulâ—u in aggâ—rem efferunt arantes ita ut sicca sedes frumentis habeatur Romani strigam atque inde agros strigatos nos a Ridge of Land Spel. Yet I have seen in the Exemplification of a Writ of Partition Anno 20 Eliz. Teste Jacobo Dyer Mil. unam acram terrae arabil continen quinque porcas terrae Anglico Ridges Ridings Are the names of the Parts or Divisions of Yorkshire being three viz. East-Riding West-riding and North-Riding and mentioned in the Statute of 22 Hen. 8. cap. 5. and 23 Ejusdem cap. 18. In Indictments in that County it is requisite that the Town and the Riding be expressed West par 2. Symb. tit Indictnents sect 70. Q. Riens passe per le fait Is the form of an Exception taken in some Cases to an Action See Brook tit Estraunger al fait ou Record Riens arrear Is a kinde of Plea used to an Action or Debt upon Arrearages of Account whereby the Defendant does alleage that there is nothing arrear Book of Entries Riens per descent i. Nothing by descent Is the Plea of an Heir where he is sued for his Ancestors Debt and hath no Land from him by descent See 3 Part Cokes Rep. fol. 151. Riens deins le gard Was a challenge to a Jury or Enquest within London c. But it is abrogated by the Statute 7 Hen. 7. cap. 5. Rier County Retro comitatus From the Fr. Arriere i. Posterior in the Stat. 2. Edw. 3. cap. 5. is opposite to open County And by comparing that Statute with West 〈…〉 2. cap. 38. it appears to be some publick place which the Sheriff appoints for Receipt of the Kings Money after the end of his County Fleta says it is Dies crastinus post comitatum Lib. 2. cap. 67. Right Jus In general signification includes not onely a right for which a Writ of Right lies but also any Title or Claim either by force of a condition Morgage or the like for which no Action is given by Law but onely an Entry Coke on Littl. lib. 3. cap. 8. sect 445. 447. There is Jus Proprietatis A Right of Ownership Jus Possessionis A Right of Seisin or Possession And Jus Proprietatis Possessionis A Right both of Property and Possession which was anciently called Jus Duplicatum See Recto Droit Right in the Court See Rectus in Curia Rime Rima Is taken for a mean kinde of Verse commonly made by some unskilful Poetaster Of a Libellous and Rebellious Rime I have thought fit to insert this Abstract of an ancient and memorable Record Placita coram Domino Rege apud Ebor. de Termino Pasche Anno Regni Regis Ricardi Secundi 16. Quamplurimi de Cotingham Villis circumjacentibus indictantur quod ipsi alligati fuerint quilibet ad alterum sustinendum manutenendum omnes querelas suas versus quoscunque Et quod modo guerrino obsiderunt villam de Kingston super Hull pontes circumjacentes diripuerunt ita quod nullus ire vel redire posset ad dictam villam ac insuper fecerunt Rimam in Anglicis verbis dictam Rimam publice apud Beverley proclamari fecerunt die c. quae Rima sequitur in haec verba IN the Countrey hard was we That in our Soken shrews should be With all for to bake Among you Friers it is soe And other Orders many moe Whether they sléep or wake And yet will ilke an help up other And maintain him al 's his brother Both in wrong and right And also will in strand and stoure Maintain our Neighbour With all our might Ilke Man may come and goe Among us both to and fro Say you sickerly But bethning wil we suffer none Neither of Hob nor of John With what may he merry be For unkinde we ware If we suffered lesse or mare Any villan hethning But it were quite double again And accord and be â—ul faine To byde dressing And on that
sayes that for a Lord of the Parliament to depart from the Parliament without the Kings licence is neither Treason nor Felony but Trespass But it is most commonly used for that wrong or dammage which is done by one private man to another or to the King in his Forest In which signification it is of two sorts Trespass-general otherwise termed vi armis and Trespass-special otherwise called Trespass upon the Case which seems to be without force howbeit sometimes they are confounded In an Action of Trespass the Plaintiff alwayes sues for Damages or the value of the hurt done him by the Defendant See Brokes Abridg. Tit. Trespass There is also Trespass local and Trespass transitory Trespass local is that which is so annexed to a place certain that if the Defendant joyn issue upon the place and traverse the place onely by saying absque hoc that he did the Trespass in the place mentioned in the Declaration and aver it it is enough to defeat the action Trespass transitory is that which cannot be defeated by the Defendants travense of the place because the place is not material but Actions of Trespass quare Clausum frogiâ— ought to be local Bracton lib. 4. ca. 34. num 6. divides transgressionem in majorem minorâ—m See also New Book of Entries verbo Trespass Trespassants Fr. Passengers so Britton uses it ca. 29. Trial Triatio Is used for the examination of all causes Civil or Criminal before a Judge according to the Laws of our Realm of which there are divers kinds as Matters of Fact shall be tryed by the Jurors Matters of Law by the Justices Matters of Record by the Record it self A Lord of Parliament upon an Indictment of Treason or Felony shall be tryed without any Oath by his Peers upon their Honors and Allegiance but in appeal at the Suit of any Subject they shall be try'd per bonos legales homines If ancient Demeasne be pleaded of a Mannor and deny'd this shall be try'd by the Record of Domesday Bastardy Excommengement lawfulness of Marriage and other Ecclesiastical matters shall be try'd by the Bishops Certificate Of the ancient manner of Trials by Combat and great Assize see Combat and Assise See Stamf. pl. Cor. lib. 2. ca. 1 2 3. And Twelve Men. Triatio est exactissima litis contestatae coram Judice per duodecemvirale sacramentum exagitatio Pat. 3. R. Joh. m. 3. in fidelitate Leulini Statuitur de triatione differentiarum dicti Leulini c. Tribuch Trebuchet Terbichetum A Tumbrel Cuckingstole or Gogingstole Haec omnia concedimus deo Ecclesiae Sancti Albani cum Soca Sacca on Stronde Streme on Wude Feld Toll Teym Tribuch Hamsoken Murdre Forestal Danegeld Infangenthef Utfangenthef Flemenefremthe Blodwite Wreck c. Carta Joh. Regis Dat. 11 Junii Anno 1 Regni Trihing or Trithing Sax. Trihinga contains three or four Hundreds or the third part of a Shire or Province Also a Court held within that Circuit which was the same we now call a Court-leet which is above a Court-Baron and inferior to the County Court Breve de Atturnato de loquelis c. Regist 266. Provisum est quod quilibet liber homo libere possit facere Atturnatum suum ad loquelas suas prosequendas defendendas motas in Trithyngis Comitatibus Wapentachiis aliis Curiis sine breve nostro Sur le Statute de Merton ca. 10. Fiat autem visus de Franciplegio sic viz. quod pax nostra teneatur quod Trithinga sit integra sicut esse consuevit c. Mag. Char. ca. 36. See Fleta lib. 2. ca. 61. Origin Jurid fo 26. See Lath. Et volo quod dicti Monachi sint quieti soluti ab omni scotto Geldo auxiliis vicecomitum Hydagio a secta in Schiris wapuntachis Hundredis Trithingis omnimodis aliis Curiis saeculi oneribus universis Carta Eadredi Regis Anno 948. Abb. Monachis Croiland Trinity-house Is a kind of Colledge at Debtford belonging to a Company or Corporation of Seafaring Men who have power by the Kings Charter to take knowledge of those that destroy Sea-marks and to redress their doings as also to correct the faults of Saylors c. and to take care of divers other things belonging to Navigation and the Seas Anno 8 Eliz. ca. 13. Trink Is a kind of Fishing-net or an Engin to catch fish Anno 2 Hen. 6. ca. 15. Cokes 12 Rep. fo 89. Mich. 9. Jac. Triours Are such who are chosen by the Court to examin whether a Challenge made to the Panel or any of them be just or no. Brook tit Challenge fo 122. and Old Nat. Br. fo 158. Trista In quo Rex cum caeteris superior constitisset secundum legem venandi quam vulgus Tristam vocant singulis proceribus cum suis canibus singula loca delegat ut obsessa undique bestia ubicunque eligeret exitum inveniret exitium c. Decem Scriptores fo 367. Servitium vel Officium plane sapit fiducia mixtum Origo in fallor a nostratium Trust Gloss in x. Script See Tristris Tristris Tristis Trista from Traist i. Trust Is an immunity whereby a Man is freed from his attendance on the Lord of a Forest when he is dispos'd to châ—se within the Forest and shall not be compelâ—d to hold a dog follow the chase nor stand at a place appointed which otherwise he might be under pain of amercement Manw. par 1. pa. 86. Et sint quieti c. de chevagio Honde-peny Buckstal Tristris de omnibus misericurdiis c. Privileg de Semplingham 4 Inst fo 306. Thrithing Trithingum In the Statute of Merton ca. 10. signifies a Court consisting of three or four Hundreds 2 Inst fo 99. See Trihing Tronage Tronagium Is Custom or Toll taken for weighing Wooll Fleta lib. 2. ca. 12. Sect. Item ulnas sayes that Trona is a Beam to Weigh with mentioned in West 2. ca. 25. Tronator from Trona i. Statera An Officer in the City of London who weighs the Wool that is brought thither See his Oath in the Book of Oathes fo 231. Trover Fr. Trouver i. Invenire Is the name of an action which a man hath against one who having found any of his Goods refuseth to deliver them upon demand See New Book of Entries verbo Trover Actions of detinue are of late much turned into Actions upon the Case sur Trover Conversion Preface to Rolls Abridgment Troy-weight Pondus Troiae See Weight Trug. Tres Trugge frumenti vel avenae faciunt 2 Bushels infra Prebendam de Hunderton in Ecclesia Heref. MS. de temp E. 3. And at Lempster at this day the Vicar has Trug Corn allow'd him for Officiating at some Chappels of ease as Stoke and Dorklay within that Parish Haply it may come from the Sax. Trog which signifies a great hollow Vessel or Trough Tumbrel Tumbrellum turbichetum Is an engine of punishment which ought to