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
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
the Arrentations Is saving power to give such Licences for a Yearly Rent Arrest Fr. a stop or stay and is metaphorically used for a Decree or Determination of a Cause debated or disputed pro and con as Arrest du Senat. i. Placitum Curiae with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice and a Man stopped staid or apprehended for Debt c. is said to be Arrested which may be called The beginning of Imprisonment To move or plead in Arrest of Judgment is to shew cause why Judgment should be staid notwithstanding the Verdict be given To plead in Arrest of taking the Enquest upon the former Issue is to shew cause why an Enquest should not be taken c. Brook tit Repleader For preventing Arrests of Judgments see the Statute 16 17 Car. 2. cap. 8. Arrestandis bonis ne dissipentur Is a Writ which lies for him whose Cattle or Goods are taken by another who during the controversie doth or is like to make them away and will hardly be able to make satisfaction for them afterward Register of Writs fol. 126. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars and hides himself when he should go Register of Writs fol. 24. b. Arresto facto super bonis mercatorum alienigenorum c. Is a Writ which lies for a Denizen against the Goods of Strangers of any other Countrey found within this Kingdom in recompence of Goods taken from him in that Countrey after he hath been denied restitution there Register of Writs fol. 129 a. This among the Ancient Civilians was called Clarigatio now barbarously Reprisalia Arretted arrectatus quasi ad rectum vocatus That is convented before a Judge and charged with a crime It is sometimes used for imputed or laid unto as no folly may be arretted to one under age Littleton cap. Remitter Chaucer useth the Verb Arretteth i. Layeth blame as it is interpreted Bracton says Ad rectnm babere Malefactorem i. To have the Malefactor forth coming so as he may be charged and put to his Tryal Lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis charged with the death of a Man Arrura Hoc Scriptum factum apud Sutton Courtenay 20 Dic Dec. 4 Edw. 3. Inter Dominum Hugonem de Courtenay ex parte una Ric. de Stanlake Johannam uxorem ejus ex altera testatur quod idem Dominus Hugo in excambium remisit eisdem Ricardo Johannae omnimoda opera VIZ. Arruras Messiones Cariagia alia quaecunque opera Et ipsi non dabunt Medfee c. Penes Tho. Wollascot de Sutton praedict Ar. q. If not here used for Ploughing and Harrowing Arthel An. 26 H. 8. cap. 6. And that no person or persons shall hereafter at any time cast any thing into any Court within Wales or in the Lordships Marchers of the same by the mean or name of an Arthel by reason whereof the Court may be letted disturbed or discontinued for that time upon pain of c. Is a British word and is more truly written Arddelw which the Southwales men write Arddel and signifies according to Dr. Davies Dictionary Astipulari Asserere Vindicare Assertio Vindicatio Anglicè Avouch Example O delir Dyn ' ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon i fwrw ei ledrad oddiwrtho i. It a Man be taken with stoln Goods in his hands he must be allowed a lawful Arddelw Vouchee to cleer him of the Felony Which is part of the Law of Howel Dda but probably was so abused in Henry the Eighths time by the delay of or exemption of Felons and other Criminals from Justice that provision by this Statute was made against it Thus explicated by the Learned Meredith Lloyd Esquire Articles of the Clergy Articuli Cleri Are certain Statutes made touching Persons and Causes Ecclesiastical Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3. Assart Fr. Essarter to glade or make Glades in a Wood to make Plain to Grub up or clear a ground of Bushes Shrubs c. Is according to Manwood cap. 9. numb 1. an offence committed in the Forest by plucking up those Woods by the Roots which are Thickets and Cover for the Deer and by making them plain as arable Land which is the greatest Offence or Trespass that can be done in the Forest to Vert or Venison containing as much or more then Waste For whereas Waste of the Forest is but the Felling and Cutting down the Coverts which may grow again Assart is a Plucking them up and Destroying them which is confirmed out of the Red Book in the Exchequer in these words Assarta verò occasiones nominantur quando Forestae nemora vel Dumeta pascuis latibulis ferarum oportuna succiduntur Quibus succisis radicitus avulsis terra subvertitur excolitur And again out of Register of Writs fol. 257. in the Writ Ad quod Damnum sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest and to make it several for Tillage So that it is no offence if done with Licence To this Bracton may be added Lib. 4. cap. 38. who saith That these words Boscus efficitnr Assartum signifie as much as Redactus ad culturam Of this you may read more in Cromp. Jursid fol. 203. and in Charta de Foresta Anno 9 Hen. 3. cap. 4. where it is written Assert not Assart And in Manwood part 1. pag. 171. That which we call Assartum is elswhere termed Disboscatio Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First to the Abbot of Rames Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19. Et quibusdam Sartis quae sartaverunt homines ipsius Ecclesiae c. Assart was also anciently used for a parcel of Land assarted as appears by this Charter of Roger Earl of Mortimer Sciant praesentes futuri quod ego Rogerus de Mortuo mare Dedi concessi Ade Pistori pro servitio suo tresdecem acras terrae super Mughedone inter pratum quod fuit Petri Budelli viam quae vadit per medium Mughedone Dedi etiam eidem Ade Duo Asarta en la Hope quae appellantur Ordrichesruding Aldicheruding in quibus Asartis continentur quinque acrae ad eandem mensuram tresdecem acrarum super Mughedone Ad tenendum de me haeredibus meis sibi haeredibus suis in feo do haereditate libere quiete Reddendo inde annuatim mihi haeredibus meis ille haeredes sui duos solidos ad Festum Sancti Michael pro omni servitio salvo servitio Domini Regis Ut autem haec mea Donatio concessio firma sit stabilis eam hac cartā meā
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
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
Originally or upon Assignation and sometimes for the Returns of Writs For example Dayes in Bank are Dayes set down by Statute or Order of the Court when Writs shall be returned or when the Party shall Appear upon the Writ served for which you may read the Statutes 51 Hen 3. ca. 1 2. Marlb ca. 12 52 Hen. 3. and the Statute de Anno Bissextili 21 Hen. 3. and lastly 32 Hen. 8. ca. 21. To be dismissed without Day is to be finally discharged the Court He had a Day by the Roll that is he had a day of Appearance Assigned him Kitchin fol. 193 197. Day Year and Wast See Year Day and Wast And see Dies Deadly Feud Feuda Faida Is a Profession of an Irreconcileable Enmity till we are revenged even by the death of our Enemy It is deduced from the German word Feed which as Hottoman in verbis Feudalibus saith Modo bellum modo capitales inimicitias significat It is used Anno 43 Eliz. ca. 13. Dead Pledge mortuum vadium See Morgage De-afforested That is discharged from being Forest or that is freed and exempted from the Forest-Laws Anno 17 Car. 1. ca. 16. Johannes Dei Gratia c Archiepiscopis Episcopis c. Sciatis nos omnino Deafforestaise Forestam de Brewood de omnibus quae ad Forestam Forestarios pertinent Quare volumus firmiter praecipimus quod praedicta Foresta homines in illa manentes haeredes eorum sint Deafforestati imperpetuum c. Dat. apud Brug 13 Martii Anno regni nostri 5. Dean Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 decem Is an Ecclesiastical Magistrate so called because he presides over Ten Canons or Prebends at the least We call him a Dean that is under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum the Chapter But how diversly this word is used read Lindwood Tit. de Constitut ca. 1. verbo Decani Rurales where Rural Deans are said to be certain persons that have Jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned them by the Bishop and Arch-Deacon being placed and displaced by them Such are the Dean of Croiden in Surrey Dean of Battel in Kent c. As there are two Foundations of Cathedral Churches in England the old and the new the new are those which Henry the Eighth upon Suppression of Abbies transformed from Abbot or Prior and Convent to Dean and Chapter so are there two means of Creating these Deans For those of the Old Foundation were exalted to their Dignity much like Bishops the King first sending out his Conge d'Eslire to the Chapter the Chapter then chusing the King yielding His Royal Assent and the Bishop Confirming him and giving his Mandate to enstal him Those of the New Foundation are by a shorter course Enstalled by Vertue of the Kings Letters-Patent without either Election or Confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chappels as the Dean of the Kings Chappel the Dean of the Arches the Dean of St. Georges Chappel in Windsor c. Nec Collegio alicui praefecti nec jurisdictione ulla donati nomine tamen velut honoris gratia insignes sayes Spelman De bene esse Are three common Latin words but their signification more mysterious conceiv'd to be thus To take or do any thing De bene esse is to accept or allow it as well done for present but when it comes to be more fully examin'd or try'd to stand or fall to be allowed or disallowed according to the Merit or Well-being of the thing in its own nature or as we say Valeat quantum valere potest So in Chancery upon motion to have one of the less-principal Defendants in a Case examin'd as a Witness the Court not then throughly examining the justice of it or not hearing what may be objected on the other side often orders such a Defendant to be examined de bene esse i. That his Depositions shall be allowed or suppressed at the Hearing of the Cause upon the full debate of the Matter as the Court shall then think fit but for the present they have a well-being or conditionalallowance It is used in Langhams Caso Croke 3 Part. fol. 68. Debentur Was by a Rumâ— Act in 1649 ordained to be in the nature of a Bond or Bill to charge the Common-wealth forsooth to pay the Souldier-Creditor or his Assignes the Sum due upon Auditing the Account of his Arrears The Form of which Debentur as then used you may see in Scobels Rump-Acts Anno 1649 ca. 63. The word is also mention'd in the Act of Oblivion 12 Car. 2. ca. 8. Sect. 7. and is used in the Exchequer See Auditor of the Receipts Debet solet Are Latin words often used in our Law-Writers In old Nat. Br. fol. 98. it is said This Writ De secta molendini being in the debet and solet is a Writ of Right c. And again fol. 69. A Writ of quod permittat may be pleaded in the County before the Sheriff and it may be in the debet and solet or in the debet without the solet according as the Demandant claims Wherefore note that those Writs which are in this sort brought have these words in them as Formal words not to be omitted And according to the diversity of the Case both debet and solet are used or debet alone That is if a man sue to recover any Right whereof his Ancestor was disseis'd by the Tenant or his Ancestor then he useth only the word debet in his Writ because solet is not fit by reason his Ancestor was disseis'd and the Custom discontinued but if he sue for any thing that is now first of all denyâ—d him then he useth both these words because his Ancestors before him and he himself usually enjoyed the thing sued for as sute to a Mill or Common of Pasture until this present refusal of the Tenant The like may be said of debet and detinet as appears by the Reg. of Writs in the Writ De debito fol. 140. a. Debito or De debito Is a Writ which lies where a Man ows another a Sum of Money by Obligation or Bargain for any thing sold him Fitz. Nat. Br. fo 119. This Writ is made sometime in the detinet and not in the debet which properly falls out where a Man owes an Annuity or a certain quantity of Wheat Barley or such like which he refuseth to pay Old Nat. Br. fo 75. See Debet and solet Decem tales See Tales Deceit Deceptio dolus Is a Subtile wily Shift or Trick whereunto may be drawn all manner of Craft Subtilty Guile Fraud Slight Cunning Covin Collusion and Practise used to Deceave another Man by any Means which hath no other more proper or particular Name then Deceit or Offence West pa. 2. Symbol tit Inditements Sect. 68. See
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
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
Students therein do there not onely study the Laws but use such other exercises as may make them more serviceable to the Kings Court Fortescu cap. 49. Of these there are four well known viz. The Inner Temple Middle Temple Lincolns Inn and Greys Inn. These with the Two Serjants Inns and Eight Inns of Chancery do altogether to use Sir Edward Cokes words make the most famous University for Profession of Law onely or of any one Humane Science in the World Of which see Mr. Dugdales Origines Juridiciales at large Innotescimus Letters Patent so called which are always of a Charter of Feofment or some other Instrument not of Record and so called from the words in the Conclusion Innotescimus per presentes An Innotescimus Vidimus are all one See Pages Case 5 Rep. Innuendo from innuo to beck or nod with the Head to signifie a word used in Writs Declarations and Pleadings and the Office of it is onely to declare and ascertain the person or thing which was named or left doubtful before as to say he Innuendo the Plaintiff is a Theif when as there was mention before of another person Innuendo may not enlarge the sence of the words nor make a supply or alter the Case where the words are defective Huttons Rep. fol. 44. Inpeny and Outpeny In the Register of the Monastery of Cokesford pag. 25. Thus De Inpeny Outpeny consuetudo talis est in villa de East Rudham de omnibus terris quae infra Burgagium tenentur viz. Quod ipse qui vendiderit vel dederit dictam tenuram alicui dabit pro exitu suo de eadem tenurâ unum denarium pro ingressu suo Et si predicti Denarii a retro fuerint Ballivus domini distringet pro eisdem denariis in eadem tenura These words and Custom are also mentioned in the Rolls of a Court there held about the Feast of the Epiphany Anno 12 Rich. 3. Spelm. Inquirendo Is an Authority given to any person to enquire into something for the Kings advantage in what case it lies See Reg. of Writs fol. 72 85 124 265. Inquisition Inquisitio Is a manner of proceeding by way of search or examination in matters criminal by the great Enquest before Justices in Eyre It is also used in the Kings behalf in Temporal Causes and Profits in which sence it is confounded with Office Stanf. Praerog fol. 51. Inquifitors Inquisitores Are Sheriffs Coroners Super visum Corporis or the like who have power to enquire in certain Cases Stat. of Marlbridge cap. 18. Britton fol. 4. And in Westm 1. Enquirors or Inquisitors are included under the name of Ministri 2 Part. Inst fol. 211. Inrolment Irrotulatio The Registring Recording or Entring any lawful Act in the Rolls of the Chancery Exchequer Kings Bench or Common Pleas in the Hustings of London or by the Clerk of the Peace in any County As a Statute or Recognizance acknowledged or a Deed of Purchase enrolled Anno 27 H. 8. cap. 16. See West par 2. Symb. tit Fines sect 133. Insidiatores viarum Way-layers Are Woods which by the Stat. 4 Hen. 4. cap. 2. Are not to be put in Indictments Arraignments Appeals c. Insimul tenuit Is one Species of the Writ of Partition See Formdon Insinuation Anno 21 Hen. 8. cap. 5. A creeping into a Mans Minde or Favor covertly Insinuation of a Will is among the Civilians the first Production of it or the leaving it Penes Registarium in order to its Probat Inspeximus Letters Patent so called and is the same with Exemplification which begins thus Rex Omnibus Inspeximus irrotulamentum quarund literarum Patent ' c. It is called Inspeximus because it begins after the Kings title with this word Inspeximus See Pages Case 5 Rep. Instalment Anno 20 Car. 2. cap. 2. A Settlement Establishment or sure placing in sometimes it is confounded with Abatement Institution Institutio Is when the Bishop says to a Clerk who is presented to a Church-Living Instituo te Rectorem talis Ecclesiae cum cura animarum accipe curam tuam meam Every Rectory consists of a Spiritualty and a Temporalty as to the Spiritualty viz. Cura animarum he is a compleat Parson by Institution but as to the Temporalties as Gleab-land c. he has no Frank-tenant therein till Induction Cokes 4 Rep. Digbies Case The first beginning of Institutions to Benefices was in a National Synod held at Westminster by John de Crema the Popes Legate Anno 1124. which see in Seldens Hist of Tythes pag. 375. In super Anno 21 Jac. cap. 2. Is used by Auditors in their Accounts in the Exchequer when they say so much remains in super such an Accoantant that is so much is charged upon him in his account Intakers Were a kind of Theeves in Redesdale and the furthest parts of the North of England mentioned 9 Hen. 5. ca. 8. So called because they dwelling in that liberty did take in and receive such booties of Cattel and other things as their Complices the Outparters brought in to them from the borders of Scotland See Outparters Intendment of Law Fr. Entendement intellectus the Understanding Judgment Intention or true meaning of the Law Regularly Judges ought to judge according to the common Intendment of Law Coke on Litt. fo 78. Inter canem lupum Margeria filia Nicholai de Okele appellat Johannem Chose pro raptu pace Regis fracta die Martis prox c. inter canem lupum i. In crepusculo scilicet Anglice twylight i. Inter diem noctem c. Inter Plac. de Trin. 7 Edw. 1. Rot. 12. Glouc. In placito de domo combusta maliciose hora vespertina scilicet inter canem lupum venerunt malefactores c. Plac. Cor. apud Novum Castrum 24 Ed. 1. Rot. 6. Intercommoning Is where the Commons of two Mannors lie contiguous and the Inhabitants of both have time out of mind depastured their Cattel promiscuously in each of them Interdiction Interdictio Has the same signification in the Common as it hath in the Canon Law which thus defines it Interdictio est censura Ecclesiastica prohibens administrationem divinorum And so it is used 22 Hen. 8. ca. 12 25. ejusdem cap. 20. Interdicted of Water and Fire Were in old time those who for some crime were banished which Judgment though it was not by express sentence pronounced yet by giving order That no man should receive them into his house but deny them Fire and Water the two necessary elements of life they were condemned as it were to a Civil death and this was called legitimum exilium Livie Interest Interesse Is vulgarly taken for a term or Chattel real and more particularly for a future term in which case it is said in pleading that he is possessed de interesse termini But ex vi termini in legal understanding it extends to Estates Rights and Titles that a man hath of in to
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
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
Mint see in Cowels Interpreter verbo Mint Minute tythes Minutae sive minores decima Small Tythes such as usually belong to the Viccar as of Herbs Seeds Eggs Honey Wax c. See 2 Part Inst fo 649. and Udal Tindals case Hill 22 Jac. where the tyth of Woad was adjudged to be minuta decima 3 Part Crokes Rep. fo 21. See Tithes Misaventure or Misadventure Fr. Mesadventure i. Infortunium Has an especial signification for the killing a man partly by negligence and partly by chance As if one thinking no harm carelesly throwes a stone or shoots an Arrow wherewith he kills another In this case he commits not Felony but onely loseth his goods and has a Pardon of course for his life Stam. Pl. Cor. lib. 1. ca. 8. Britton ca. 7. distinguishes between Aventure and Misavonture The first he makes to be meer chance as if a Man being upon or near the Water be taken with some sudden sickness and so fall in and is drowned or into the fire and is burnt Misaventure he says is where a man comes to his death by some outward violence as the fall of a Tree the running of a Cart-wheel the stroke of a Horse or such like So that Misadventure in Stamfords opinion is construed somewhat more largely then Britton understands it West part 2. Symbol tit Inditement Sect. 48 49. makes Homicide casual to be meerly casual or mixt Homicide by meer chance he defines to be when a man is slain by meer fortune against the mind of the killer as if one hewing the Axe flies off the haft and kills a man And this is al one with Brittons Misaventure Homicide by chance mix'd he defines Sect. 50. to be when the killers ignorance or negligence is joyned with the chance as if a man lop Trees by a high-way side in which many usually travel and cast down a Bough not giving warning c. by which Bough a man is slain Miscognisant Ignorant or not knowing In the Stat. 32 Hen. 8. ca. 9. against Champertie and Maintenance It is ordained that the Justices of Assise shall twice in the year in every County cause open Proclamation to be made of this present Act and of every thing therein contained c. to the intent that no person should be ignorant or miscognisant of the dangers and penalties therein contained Miscontinuance Kitchin fo 231. the same with Discontinuance which see Mise A French word signifying expence or disbursement sometimes written Missum in Lat. and sometimes Misa has divers significations first it is a kind of honourable gift or customary present with which the People of Wales are wont to salute every new King and Prince of Wales at their entrance into that Principality It was anciently given in Cattel Wine and Corn for sustentation of the Princes Family but when that Dominion was annexed to the English Crown the Gift was changed into Money and the Summ is 5000 l. Sterling or More and it hapned to be thrice paid in King James's Reign First at his own coming to the Crown and that Principality Secondly when Prince Henry was created Prince of Wales And Thirdly When King Charles the First succeeded him in that Principality Anno 27 Hen. 8. ca. 26. it is ordained That Lords Mayors shall have all such Mises and profits of their Lands as they have had in times past c. Misae etiam dicuntur praestationes illae quas ob fruendas pristinas immunitates Cestriae Palatinatus subditi novo cuique Comiti impendunt i. 3000 Marks for that County Sometimes Mises are taken for Taxes or Tallages Anno 25 Edw. 1. ca. 5. Sometimes for Costs or Expences as pro misis custagiis for Costs and Charges in the Entries of Judgments in personal Actions Mise is also a word of Art appropriated to a Writ of right so called because both parties have put themselves upon the meer right to be tryed by the grand Assise or by Battel so as that which in all other Actions is called an Issue in a Writ of Right in that case is called a Mise But in a Writ of Right if a collateral point be tryed there it is called an Issue and is derived from missum because the whole cause is put upon this point Coke on Litt. fol. 294. b. Anno 37 Ed. 3. ca. 16. To joyn the Mise upon the Meer is as much as to say to joyn the Mise upon the cleer right and that more plainly to joyn upon this point whether has the more right the Tenant or Demandant Mise is sometimes used as a Participle for cast or put upon Cokes 6 Rep. Saffins Case and sometimes corruptly for Mease a Messuage or Tenement As a Mise-place in some Mannors is taken to be such a Messuage or Tenement as answers the Lord a Herriot at the death of its owner 2 Inst fo 528. which in our French is written Mees Ceste Endenture temoigne que come Will. Terrye de Dounham tiegne de Johan de Veer Coonte d'Oxenford un Mees sys acres de terre c. dat 14 Ed. 3. penes Wil. Andrew Baronet Miserere Is the name and first word of one of the Paenitential Psalmes most commonly that which the Ordinary gives to such guilty Malefactors as have the benefit of the Clergy allowed by Law and it is usually called the Psalm of mercy Misericordia Is used for an Arbitrary Amerciament or Punishment imposed on any Person for an offence For where the Plaintiff or Defendant in any Action is amerced the Entry is always Ideo in misericordia c. And it is called Misericordia as Fitzherbert says Nat. Br. fol. 75. for that it ought to be but small and less then the offence according to the tenor of Magna Charta cap. 14. Therefore if a Man be unreasonably amerced in a Court not of Record as in a Court Baron c. there is a Writ called Moderata Misericordia directed to the Lord or his Bailiff commanding them that they take Moderate Amerciaments according to the quality of the fault Est enim misericordia Domini Regis says Glanvile quà quis per juramentum legalium hominum de viceneto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat And again Mulcta lenior sic dicta quòd lenissima imponitur misericordia graviores enim mulctas Fines vocant atrocissimas Redemptiones See Glanv pag. 75. a. And see Moderata Misericordia He shall be in the great Mercy of the King Westm 1. cap. 15. Misfeasans Misdoings or Trespasses Jury to enquire of all Purprestures Misfeasans 2 Part Croke fol. 498. And Misfeasor a Trespasser 2 Inst fol. 200. Mishering Est de estre quit de amerciemenz pur quereles en aucun Courts devant qui que il seyt nent ordinament ou proprement demonstre MS. LL. Temp. E. 2. See Abishersing and Miskering Miskenning Meskenninga LL. Hen. 1. cap. 12. Iniqua vel injusta in jus vocatio inconstanter loqui in
signatus sculptus in pariete Cancellae Ecclesiae de Edwynstone in Ecclesia B. Mariae de Nottingham Et dictus Pes continet in longitudine octodecim Pollices Et in arrentatione quorundam vastorum Pertica 20 21 24 pedum usa fuit c. Ex Regist Abb. de novoloco in Com. Nott. Pesage Pesagium Custom paid for weighing Wares or Merchandise MS. temp E. 3. For Peisa we find used for Pondus hence to Peise or Poise Ponderare Pessona Mast Md. quod anno regni Regis Hen. filii Regis Joh. 37. Dominus de Fretchevil homines sui in bosco de Derley apud Cruche Pessonam scil glandes nuces virgis cortis excussisset querela inde deducta in Comitatu c Anno gratiae MCCLXIII Mon. Angl. 2 Par. fo 231. b. So tempore Pessonae often occurs for Mast-time or the season when Mast is ripe which in Norfolk they call Shacking-time Quod habeat decem porcos in tempore de Pesson in boscomeo c. fo 113. 10. Pestarable wares Seem to be such Wares or Merchandise as pester and take up much room in a Ship Anno 32 Hen. 8. ca. 14. Peter-Corne Rex Athelstanus concessit Deo beato Petro Ebor. Colideis praedictis de qualibet Caruca arante in Episcopatu Eboraci unam Travam bladi Anno Domini 936 quae usque in praesentem diem dicitur Peter-corne Ex Reg. S. Leonardi Ebor. in Bibl. Cottoniana fo 5. a. Peter-pence Denarii Sancti Petri otherwise called in the Saxon Romefeoh i. The Fee of Rome also Rome-scot and Romepennyng was a Tribute given by Inas King of the West-Saxons being in Pilgrimage at Rome in the year of our Lord 720 towards the maintenance of a Saxon-School which was a Peny for every house Lamb. Expl. of Saxon words verbo Nummus And fo 128. in St. Edwards Laws num 10. thus Omnes qui habent 30 denariatus vivae pecuniae in domo sua de suo proprio Anglorum lege dabit Denarium Sancti Petri lege danorum dimidiam markam Iste vero denarius debet summoniri in solemnitate Apostolorum Petri Pauli colligi ad festivitatem quae dicitur ad Vincula ita ut ultra illum diem non detineatur c. King Edgars Lawes fo 78. ca. 4. contain also a sharp constitution touching this matter See Romescot St. Peter ad vincula Anno 4 Edw. 4. ca. 1. 17 Ed. 4. ca. 5. See Gule of August Petit cape See Cape Petit larceny Parvum latrocinium See Larceny Petit-treason Fr. Petit trahizon i. Proditio minor Is Treason of a lesser or lower kind For whereas High-Treason is an offence committed against the person of the King and the security of the King and Common-wealth Petit-Treason is where a Servant kills his Master a Wife her Husband a Secular or Religious Man his Prelate Anno 25 Edw. 3. ca. 2. whereof see Cromptons Just of P. fo 2. And for the punishment of it the Stat. 22 Hen. 8. ca. 14. Petition Petitio Signifies in general a Supplication made by an Inferior to a Superior and especially to one having Jurisdiction Anno 13 Car. 2. ca. 5. Petra lanae A Stone of Wool See Stone Petty-fogger from the Fr. Petite Small and Sax. Fogere A Wooer Suiter or Solliciter A silly Advocate a petty Attorney or Lawyer or rather a trouble-Town having neither Law nor Conscience Pharos A Watch-tower No man can build or erect Light-houses Pharos Sea-marks or Beacons without lawful warrant and authority 3 Inst fo 204. Philiser See Filazer Picards A kind of great Boats of fifteen Tun or upwards on the River Severne mentioned 34 35 Hen. 8. ca. 9. Also a Fishers boat Anno 13 Eliz. ca. 11. Piccage Piccagium from the Fr. Piquer i. Effringere Effodere Money paid in Fairs to the Lord of the Soil for leave to break the ground to set up Booths Stalls or Standings Piccage i. Aliquis veniens ad forum nostrum de Rudham cum rebus suis frangendo vel pictando aliquam placcam in dicto foro Prior habebit inde redemptionem Ex registro Priorat de Cokesford Pickards No Person shall use any Iron Cards or Pickards in rowing any Woollen Cloth upon pain to forfeit the same and xx s. for every offence Anno 3 4 Edw. 6. ca. 2. Picle alias Pightel Pictellum Pightellum A small parcel of Land enclosed with a hedge a little Close perhaps from the Italian Picciola i. Minutus which the common people in some parts of England do usually call a Pingle Piepowder Court Curia pedis pulverizati From the Fr. Pied i. Pes Pouldreux i. Pulverulentus Is a Court held in Fairs to yield Justice to Buyers and Sellers and for redress of all disorders committed in them So called because they are most usual in Summer and Suiters to this Court are commonly Country Clownes with dusty feet or from the expedition intended in the hearing of Causes proper thereunto before the dust goes off the Plaintiffs and Defendants feet Of this Court read the Statute 17 Edw. 4. ca. 2. 4 Inst fo 272. and Cromp. Jur. fo 221. This among our old Saxons was called Ceapung-gemot i. A Court for Merchandise or handling matters of buying and selling See Justices of the Pavilion Pig of Lead See Fother Pike or Pick. See Polein Pille of Foddray or Fouldrey In the County of Lancaster Anno 2 Hen. 6. ca. 5. seems to be a defence built on a Creek of the Sea and called Pille by the Idiom of the Country for a Pile or Fort built for the safegard or protection of any place This Pile was erected there by the Abbot of Fornesse in the first year of Edw. 3. Cam. Brit. Rex Dedimus Henrico Comiti Northumb. Insulam Castram Pelam Dominium de Man c. Ror Pat. 1 Hen. 4. m. 36. Pillory Collistrigium q. Collum stringens Pilloria from the Fr. Pilleur i. Depeculator Is an Engin made of Wood to punish Offenders well known By the Statute of 51 Hen. 3. you may see who were then subject to this punishment In the Laws of Canutus ca. 42. it is called Halsfange Sir Henry Spelman says 't is supplicii Machina ad ludibrium magis quam paenam Item utimur tenere Statuta Pistorum omnino sicut antecessores nostri tenuerunt viz. Quod si Pistor in male agendo puniatur per tres vices si post terciam monicionem culpabilis inveniatur Balivi Capitales si ipsum poterint invenire ipsum capiant pro toto puniant habebit vile odibile Judicium de Collistrigio i. the Pillory MS. Codex de LL. Consuetud Burgi-villae Montgom a temp Hen. 2. fo 12. b. See Healfange Pioneers Fr. Pionniers i. Fossores Such Labourers as are taken up for the Kings Army to east up Trenches or undermine Forts Anno 2 3 Ed. 6. ca. 20. Pipe Pipa Is a Roll in the Exchequer otherwise called the great Roll
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
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
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