a long time first sending to the Sheriff of Middlesex to Summon the Party and if he could not be found there then to apprehend him wheresoever But afterwards by the contrivance of Clerks and upon a pretence of Expedition of Justice it was at last devised to put both these Writs into one and so to attach the party complained of upon a Supposal or Fiction that he was not within the County of Middlesex but lurking elswhere and that therefore he was to be apprehended in any place else where he was presumed to lie hid by a Writ directed to the Sheriff of the County where he is suspected to be Launcegays Anno 7 Rich. 2. cap. 13. A kinde of offensive Weapons now disused and prohibited by the said Statute Law Lex From the Saxon Lag or Laugh The Law of England is divided into Three Parts The Common Law which is the most Ancient and General Law of the Realm Statutes or Acts of Parliament and thirdly Particular Customs I say particular for if it be the General Custom of the Realm it is part of the Common Law Coke on Littl. fol. 15. b. Bracton defines it to be Sanctio justa jubens honesta prohibens contraria And the Divine Schoolman says Lex humana est quoddam dictamen rationis quo diriguntur humani actus See Merchenlage Law hath also a special signification wherein it is taken for that which is lawful with us and not elswhere As Tenant by the curtesie of England Anno 13. Edw. 1. cap. 3. To Wage Law Vadiare Legem and to make or do Law Facere Legem Bracton lib. 3. tract 2. cap. 37. When an Action of Debt is brought against one upon some secret Agreement or Contract as in an Action of Detinue for Goods Money or Chattels lent or left with the Defendant the Defendant may wage his Law if he will that is swear and certain persons with him that he detains not the Goods or ows nothing to the Plaintiff in Manner and Form as he hath declared which is intended by Law to be onely in case of the Plaintiffs want of Evidence and when he cannot prove his Surmise by any Deed or open Act. When one wages his Law he shall bring with him so many of his Neighbors as the Court shall assign Sir Edward Coke says Eleven to swear with him That they think in their Consciences he hath sworn truly who in the Civil Law are called Compurgators The offer to make the Oath is called Wager of Law and when it is accomplished it is called The making or doing of Law See Glanvil lib. 1. cap. 9. 12. Anciently Laga was used as Latin for Law Lagam Regis Edwardi vobis reddo c. Magna Char. Hen. 1. Anno 1 Rich. 3. cap. 2. 31 Hen. 6. cap. 6. Coke on Littl. fol. 155. 295. who says it is called Wager of Law because in old time the party did ingage with surety to make his Law by such a day Legem vadiare est cautionem dare de perimplendo Legis exigentiam in re litigata ut de praestando Sacramento ad indictam diem cum indicto consacramentalium seu conjuratorum numero Spelman And was a Custom anciently used among the Egyptians as Boemus in his Book De moribus Gentium informeth us Lawyer Legista Legisperitus Jurisperitus Our Saxons called him Lahman Law of Merchants Lex Mercatoria Is become a part of the Laws of this Realm for if there be two Joynt-Merchants of Wares and Merchandise and one of them dies his Executor shall have the moyety which is not so in the case of others not Merchants Coke on Littl. fol. 182. Anno 13 Edw. 1. stat 3. 27 Edw. 3. cap. 8. Law Spiritual Lex Spiritualis Is the Ecclesiastical Law allowed by the Laws of this Realm which is not against the Common Law whereof the Kings Prerogative is a principal part nor against the Statutes and Customs of the Realm And regularly according to such Ecclesiastical Laws the Ordinary and other Ecclesiastical Judges do proceed in Causes within their Cognizance Coke on Littl. fol. 344. Law of the Staple 27 Edw. 3. stat 2. cap. 22. Is the same with Law-Merchant See 4 Inst fol. 237 238. And Staple Law of Marque Anno 27 Edw. 3. stat 2. cap. 17. From the German word March i. Limes a Bound or Limit because they that are driven to make use of this Law do take the Shipping or Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can take them within their own Bounds or Precincts See Reprisals Law-day Is otherwise called View of Frank-pledge or Court Leet Anno 1 Edw. 4. cap. 2. it is used for the County Court. Et quod terrae eorum imperpetuum quietae sint de sectis Comit atuum Hundredorum nostrorum de visu Franci plegii Lawdayorum de Turno auxilio Vicecomitum c. Carta 39 Hen. 3. m. 5. Lawing of Dogs Mastiffs must be lawed every three years Cromp. Jur. fol. 163. that is Three Claws of the Fore-foot shall be cut off by the Skin Char. Forestae cap. 6. or the Ball of the Forefoot cut out See Expeditate and Pèllota Lawless Court On Kingshil at Rochford in Essex on Wednesday morning next after Michaelmas day at Cockscrowing Is held a Court vulgarly called The Lawless Court They whisper and have no Candle nor any Pen and Ink but a Coal and he that ows Sute or Service and appears not forfeits double his rent every hour he is missing This Court belongs to the Honor of Raleigh and to the Earl of Warwick and is called Lawless because held at an unlawful or lawless hour or Quia dicta sine lege The Title of it in the Court Rolls runs thus Kingshil in Rochford ss CUria de Domino Rege Dicta sine Lege Tenta est ibidem Per ejusdem consuetudinem Ante ortum solis Luceat nisi polus Senescallus solus Nil scribit nisi culis Toties voluerit Gallus ut cantaverit Per cujus soli sonitus Curia est summonita Clamat clam pro Rege In Curia sine Lege Et nisi citò venerint Citiùs paenituerint Et nisi clam accedant Curia non attendat Qui venerit cum lumine Errat in regimine Et dum sunt sine lumine Capti sunt in crimine Curia sine cura Jurati de injuria Tenta ibidem die Mercurii ante Diem proximi post Festum Sancti Michaelis Arch angeli Anno regni Regis c. This Court is mentioned in Cam. Britan though imperfectly who says this servile attendance was imposed on the Tenants for conspiring at the like unseasonable time to raise a Commotion fol. 441. Lawless-Man Sax. Laugheles-Man exlex Is otherwise called an Outlaw Pro exlege tenebitur cum Principi non obediat nec legi tunc utlagabitur sicut ille qui est extra legem sicut Laugheles-man Bract. lib. 3. Corona
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
15. this County Palatine of Hexham was stript of its Priviledge and reduced to be a part of the County of Northumberland The cheif Governors of these Counties Palatines by special Charter from the King did heretofore send out all Writs in their own names and did all things touching Justice as absolutely as the Prince himself in other Counties onely acknowledging him their Superior and Soveraign But by the Statute 27 Hen. 8. cap. 24. This power is much abridged to which I refer the Reader as also to Cromp. Jurisd fol. 137. and 4 Instit fol. 204 221. Besides these Counties of both sorts there are likewise unto some Cities some Territory or Lands or Jurisdiction annexed as the County of Middlesex by King Henry the First to the City of London The County of the City of York Anno 32 Hen. 8. cap. 13. Chester Anno 43 Eliz. cap. 15. Canterbury Lamb. Eiren. lib. 1. cap. 9. Norwich Worcester Coventry Exeter c. The County of the Town of Kingston upon Hull 32 Hen. 8. cap. 13. Newcastle upon Tine c. The County of the Town of Haverford West 35 Hen. 8. cap. 16. County is in another signification used for the County Court which the Sheriff keeps every Moneth either by himself or his Deputy Anno 2 Edw. 6. cap. 25. Cromp. Jur. fol. 221. Bracton lib. 3. cap. 7. and lib. 3. tract 2. cap. 12. The word Comitatus is also used for a Jurisdiction or Territory among the Feudists County Court Curia Comitatus Is by Lambert otherwise called Conventus and divided into two sorts one retaining the general name as the County Court held every Moneth by the Sheriff or his Deputy the Under-Sheriff The other called the Turn held twice every year of both which you may read in Cromp. Jurisd fol. 231. This County Court had in ancient times the cognition of great matters as may appear by Glanvile lib. 1. cap. 2 3 4. by Bracton and Britton in divers places and by Fleta lib. 2. cap. 62. but was abridged by Magna Charta cap. 17. and much by 1 Edw. 4. cap. unico It had also and hath the Determination of certain Trespasses and Debts under Forty shillings Britton cap. 27. 28. Counting-House of the Kings Houshold Domus Computus Hospitii Regis Commonly called the Green-Cloth in respect of the Green-cloth on the Table where sit the Lord Steward the Treasurer of the Kings House the Comptroller Master of the Houshold Cofferer and two Clerks Comptrollers for daily taking the Accompts of all Expences of the Houshold making provisions and ordering payment for the same for the good Government of the Kings Houshold Servants and for paying the Wages of those below Stairs Vide 39 Eliz. cap. 7. and 4 Inst fol. 131. Courratier Fr. A Horse-courser 2 Inst fol. 719. Coursitour See Cursiter Court Curia Signifies the Kings Palace or Mansion and more especially the place where Justice is judicially administred of which you may finde Thirty two several sorts in Cromptons Jurisdictions well described whereof most are Courts of Record some not and therefore are accounted Base Courts in comparison of the rest Besides these there are also Courts Christian Smith de Rep. Angl. lib. 3. cap. 6. which are so called because they handle matters especially appertaining to Christianity and such as without good knowledge in Divinity cannot be well judged of being held heretofore by Archbishops and Bishops as from the Pope because he challenged the superiority in all Causes Spiritual but since his ejection they hold them by the Kings Authority Virtute Magistratus sui as the Admiral of England doth his Court Whereupon they send out their Precepts in their own names and not in the Kings as the Justices of the Kings Courts do And therefore as the Appeal from these Courts did lie to Rome now by the Stat. 25 Hen. 8. cap. 19. it lies to the King in his Chancery Court Baron Curia Baronis Is a Court which every Lord of a Mannor who in ancient times were called Barons hath within his own Precincts Barons in other Nations have great Territories and Jurisdiction from their Soveraigns But here in England what they are and have been heretofore see in Baron Of this Court and Court Leet read Kitchin Sir Edward Coke lib. 4. among his Copihold Cases fol. 26. b. says That this Court is twofold after a sort and therefore if a Man having a Mannor grant the Inheritance of the Copiholders to another the Grantee may keep a Court for the Customary Tenants and accept Surrenders to the use of others and make both Admittances and Grants the other Court is of Freeholders which is properly called the Court Baron wherein the suters that is the Freeholders are Judges whereas of the other the Lord or his Steward is Judge Court of Py-powders See Py-Powders Court of Requests Curia Requisitionum Was a Court of Equity of the same nature with the Chancery but inferior to it principally instituted for the relief of such Petitioners as in conscionable Cases addressed themselves by Supplication to His Majesty Of this Court the Lord Privy Seal was chief Judge assisted by the Masters of Requests and had beginning about 9 Hen. 7. according to Sir Julius Caesars Tractate on this subject Mich. 40 41 Eliz. in the Court of Common Pleas it was adjudged upon solemn Argument That this Court of Requests or the Whitehal was no Court that had power of Judicature c. See 4 Part. Inst fol. 97. Court of the Legat Was a Court obtained by Cardinal Woolsey of Pope Leo the Tenth in the Ninth year of Henry the Eighth wherein he had power to prove Wills and dispence with Offences against the Spiritual Laws c. And was but of short continuance Court Christian Curia Christianitatis So called because as in the Secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should rule and direct for which Cause the Judges in those Courts are Divines as Archbishops Bishops Arch-Deacons c. Linwoods words are these In Curia Christianitatis i. Ecclesiae in qua servantur Leges Christi cum tamen in foro regio serventur Leges mundi 2 Part. Inst fol. 488. See before in Court Court of Delegates See Delegates Court of Chivalry Curia Militaris Otherwise called the Marshal Court the Judges of it are the Lord Constable of England and the Earl Marshal of England This Court is the Fountain of the Marshal Law and the Earl Marshal is both one of the Judges and to see execution done See Constable and 4 Part. Instit fol. 123. JEhan filz frere uncle au Roys Duc de Bedford d'Anjou Conte Richemond de Kendal Conestable d'Angleterre a nostre treschere Cousin Jehan Due de Norfolk Mareshal d'Angleterre salus Nous vous mandons chargeons qui vous facez arrestre venir devant nous ou nostre Lieutenant a Westminster a la Quinsiesm du Saint
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
Dicebatur terra servilis seu tenementalis quod de procinctu terrarum Dominicalium quae Inland nuncupatae sunt in exteriorem agrum rejiciebantur Vide Inland Utlary or Utlawry Utlagaria vel Utlagatio Is a punishment for him who being called into Law and lawfully sought does after an Original Writ with a Nihil habet Three Writs of Capias Alias and Pluries Returned by the Sheriff with a Non est inventus and an Exigent with a Proclamation thereupon Awarded contemptuously refuse to appear He must also be called at Five County-Court days a Moneth between each one and if he appear not within that time Pro exlege tenebitur cum principi non obediat nec legi ex tunc Utlagabitur that is he shall be pronounced to be out of the Kings Protection and deprived of the benefit of the Law The effect of which is divers For if he be outlawed at the sute of another in a civil Cause he shall forfeit all his Goods and Chattels to the King if upon Felony then all his Lands and Tenements which he hath in Fee or for Life and his Goods and Chattels Et tunc gerit caput Lupinum ita quod sine judiciali inquisitione rite pereat secum suum judicium portet merito sine lege pereat qui secundum legem vivere recusavit c. Says Bracton lib. 3. tract 2. cap. 11. A Minor or Woman cannot be outlawed but where a Man is termed outlawed a Woman is said to be waived How an Outlaw is inlawed again and restored to the Kings Peace and Protection See Bracton lib. 3. tract 2. cap. 14. And Fleta lib. 1. cap. 27. 28. See Outlaw Utlepe Significat escapium hoc est Evasionem latronum Fleta lib. 1. cap. 47. And 18 Hen. 6. Pat. 2. m. 22. Utrum See Assise Utter Barrasters Jurisconsulti Are such who for their long study and great industry bestowed upon the knowledge of the Common Law are called out of their contemplation to practise and in the view of the World to take upon them the Protection and Defence of Clients In other Countreys they are called Licenciati in Jure The time before any one ought to be called to the Bar by the Ancient Orders was heretofore eight years now reduced to seven And the exercise done by him if he were not called Ex gratia was Twelve Grand Moots performed in the Inns of Chancery in the time of the Grand Readings and Twenty four Petty Moots at the Inns of Chancery in the Term times before the Readers of the Respective Inns of Chancery A Barraster newly called is to attend the six next long Vacations the Exercise of the House viz. In Lent and Summer and is thereupon for those three years called a Vacation Barraster And they are called Utter Barrasters i. Pleaders without the Bar to distinguish them from Benchers or those who have been Readers who are sometimes admitted to plead within the Bar as the King Queen or Princes Council are W. WAftors Waftores Edward the Fourth constituted a Triumvirate of Officers with Naval Power whom the Patent 22 Edw. 4. Membr 2. stiles Custodes Conductores and Waftores and these were cheifly to guard our Fishermen on the Coast of Norfolk and Suffolk We still retain the word to Waft over i. To Convey or Conduct over Sea Waga alias Uaga A Weigh which is a Measure of Cheese Wool c. contraining Two hundred fifty six pound of Averdupois according to Cowel for by the Statute of 9 Hen. 6. cap. 8. a Weigh of Cheese ought to contain Thirty two Cloves and the Clove eight pound though some say but seven Unam Wagam salis de salinis suis de Terincton Mon. Angl. 1 par fol. 515. See Weigh Wage Vadiare Fr. Gager Signifies the giving security for the performance of any thing as to Wage Deliverance which see in Gage to Wage Law see in Law None wageth Law against the King Brook tit Chose in Action num 9. See Coke on Littl. fol. 294. b. Tit. Ley-gager Wager of Law See Law Waif or Weyf Waivium Or goods waived are those which a Theif hath stoln and being pursued or over-charged with the burden flies and leaves the goods behinde him Then the Kings Officer or the Bailiff of the Lord of the Mannor within whose jurisdiction they were left who by prescription or grant from the King hath the Franchise of Waif may seise the Goods to his Lords use except the owner come with fresh sute after the Felon and sue an Appeal within a year and a day or give in evidence against him at his arraignment and he be attainted In which Cases the owner shall have restitution of his Goods though Waif is properly spoken of Goods stoln yet it may be also of Goods not stoln as if a Man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods these shall be forfeit as Goods stoln and are properly called Fugitives Goods See Coke lib. 5 Foxleys Case Waifs Things lost and Estrays must by the Lord of the Franchise where they are found be caused to be cried and published in Markets and Churches near about else the year and day does not run to the prejudice of him that lost the M. Briton cap. 17. Plac. coram Joh. de Berewel Sociis suis Justic Itin. apud Salop. in Octab. Sancti Michaelis 20 Ed. 1. Rot. 29. in Dorso Richardus fil Alani Comes Arundel summonitus fuit ad respondend Domino Regi de placito quo Warranto clamat habere placita Coronae habere Wayf in Manerio suo de Upton subtus Haweman c. in Com. Salop. Et Comes dicit quod ipse clamat habere Infangenethef Wayf eadem placita libertates habuerunt ipse omnes antecessores sui eisdem usi sunt a tempore quo non extat memoria eo Warranto clamat c. Et Hugo de Lowther qui sequitur pro Domino Rege dicit quod Wayf est quoddam grossum de Corona ita Coronae Domini Regis annexum quod nullus eo gaudere possit nisi inde habeat speciale Warrantum a Domino Rege vel antecessoribus suis concessum Weyf i. Si aliquis adduxerit aliqua animalia ut oves boves equos hujusmodi vel aliquas alias res inde suspectus arrestatus fuerit a Balivis Prioris donec probaverit per fideles homines quod illae res furatae non fuerant ille dimissus non redierit Dictae res seu animalia servabuntur per unum annum unum diem si ille non redierit res suas esse probaverit erunt Prioris c. Si aliquis alius venerit res suas legitime esse probaverit datis expensis illas habebit Ex Registro Prior. de Cokesford Wainnable That may be Ploughed or Manured Tillable Dedimus in loco qui vocatur Shiplade la Moreis la terre
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
as well as in other Lords Of which I finde mention in the Statute of 27 Hen. 8. cap. 10. This Imposition seems to have descended to us from Normandy or rather from a more ancient Original viz. The Feodal Laws For in the Grand Custumary cap. 35. you have a Tractat entituled 〈◊〉 aides Chevelz i. De auxiliis capitalibus whereof the first is A faire Paine filz de son seigneur Chevalier i. To make the eldest son Knight The second Son ainee fille marier i. To marry the eldest daughter c. Both these and all charges incident thereunto are taken away and discharged by Statute 12 Car. 2. cap. 24. This word Aid is also particularly used in Matter of Pleading for a Petition made in Court for the calling in of help from another that hath an interest in the Cause in question and is likely to give strength both to the party that prays in Aid of him and also to avoid a prejudice growing toward his own right if not prevented But this course of proceeding is of late much disused Fitz-Herbert mentions both Prier in Ayde and Prier Ayde de Patron c. Auxilium petere à patrono Nat. Br. fol. 50. d. And the New Book of Entries verbo ayde de parcener fol. 411. col 4. The word is also found in 13 Rich. 2. cap. 17. This Ayd-prier or Aid-prayer is sometime also used in the Kings behalf that there be no proceeding against him till his Council be called and heard what they can say for avoiding the Kings prejudice or loss in the cause in hand Also a City or Borough that hath a Fee-Farm of the King may pray in Ayd of him if any thing be demanded of them relating thereto Of this you may read the Statute De Bigamis An. 4 Edw. 1. cap. 1. 2 3. 14 Edw. 3. Stat. 1. cap. 14. 19 Car. 2. cap. 8. Vide Resceit Aile of the Fr. aieul i. avus signifies a Writ that lies where the Grand-father or great Grand-father called by us Besaile but in true French Bisaycul was seised of any Land or Tenement in Fee-simple the day he died and a Stranger abateth or enters the same day and dispossesseth the Heir Fitz. Nat. Br. fol. 222. See Plowden fol. 449. b. Airie of Hawks See Aerie Alba firma Census annalis qui Centenario sive Domino Hundredi penditur Ideo alba dicta quod non ex more prisci saeculi in anuon â quae tunc Black mail nuncupata fuit hoc est census vel firma nigra sed argento quasi censu albo reddebatur Spelman Duplex est tenura in Com. Westmerland scil una per Albam firmam alia per Cornagium c. 2 Part. Inst fol. 10. Alderman Sax. Ealdorman i. Senior Was among the Saxons as much as Earl among the Danes Camb. Brit. fol. 107. Also an Elder Senator or Statesman At this day we call them Aldermen who are associates to the Civil Magistrate of a City or Town Corporate 24 H. 8. cap. 13. See Spelmans Glossarium at large on this word where you shall finde that we had here anciently a title of Aldermannus totius Angliae Hic requiescit D. Ailwinus inclyti Regis Eadgari cognatus totius Angliae Aldermannus hujus sacri Caenohii i. Ramesien miraculosus Fundator Alepiman alepimannus Omnis Alepiman de tota Soca de Hecham debet singulis annis unum Denarium de Chevagio operabitur per tres Dies in antumpno exceptis illis qui ab hac servitute liberi sunt Consuetudinar de Hecham Prior. Lew. M. S. pag. 21. Videtur Alepimannos istos mancipia fuisse Chevagii enim solutio servitutis judicium est Spelman Aler sans jour Fr. Is verbatim to go without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 104 Ale-silver A Rent or Tribute yearly paid to the Lord Major of London by those that sell Ale within the City Antiq. of Purveyance fol. 183. Aletaster Is an Officer appointed in every Court Leet and sworn to look to the Assize and goodness of Bread and Ale or Beer within the Precincts of that Lordship Kitchin fol. 46. where you may see the Form of his Oath Alias vide Capias alias Alien alienare signifies to transfer the property of any thing to another person To Alien in Mortmain is to make over Lands or Tenements to a Religious House or other Body Politick See Mortmain To alien in Fee is to sell the Fee-simple of any Land or Tenements or of any Incorporeal right Westm 2. cap. 25. Anno 13 Edw. 1. Alien alienus One born in a strange Countrey It is usually taken for the contrary to Denizen or a natural subject that is a stranger never here enfranchised Brook Denizen 4 c. Yet a man born out of the Land so it be within the limits of the Kings obedience beyond the Seas or of English Parents out of the Kings obedience so the Parents at the time of the Birth be of such obedience is no Alien in account but a Subject to the King Stat. 2. 25 Edw. 3. commonly called the Statute De natis ultra mare Also if one born out of the Kings alleagiance come and dwell in England his Children begotten here are not Aliens but Denizens See Denizen Alimony alimonia Nourishment maintenance But in a modern legal sence it signifies that portion or allowance which a married Woman sues for upon any occasional separation from her Husband wherein she is not charged with Elopement or Adultery This Alimony was anciently expressed by rationabile estoverium for reasonable maintenance Rex Vic. Bucks salutem Praecipimus tibi quod de Maritagio Emmae de Pinckeney uxoris Laurentii Penire qui excommunicatus est eo quod praedictam Emmam affectione maritali non tractat eidem Emmae rationabile estoverium suum invenias donec idem Laurentius vir suue eam tanquam uxorem suam tractaverit ne iteratus clamor ad nos inde perveniat T. 29 Aug. Anno Regni nostri 7. Rot. Claus 7. Hen. p. 1. m 3. Allay Fr. Is used for the temper or mixture of other Metals with Silver or Gold Anno 9 Hen. 5. Stat. 2. cap. 4. and Stat. 1. cap. 11. The reason of which Allay is with a baser metal to augment the weight of the Silver or Gold so much as may countervail the Princes charge in the Coyning and to make it the more fusile Anto. Faber de Nummariorum debitorum solutionibus cap. 1. Anno 4 Hen. 7. cap. 2 Allocation allocatio A placing or adding unto also allowance made upon an account used in the Exchequer Allocatione facienda Is a Writ directed to the Lord Treasurer and Barons of the Exchequer upon a Complaint of some Accomptant commanding them to allow him such sums as he hath by vertue of his Office lawfully and reasonably expended Register of Writs fol. 206. b. Allodium See Fee Alluminor
ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy Attainder attincta and attinctura Is when a Man hath committed Treason or Felony and after Conviction Judgment hath passed upon him The Children of a person Attainted of Treason cannot be Heirs to him or any other Ancestor And if he were noble and gentle before he and his posterity are made base and ignoble This corruption of Blood cannot be salved but by Act of Parliament See Attainted and Felony Attendant attendens Signifies one that ows a duty or service to another or depends on him For example there is Lord Mesn and Tenant the Tenant holds of the Mesn by a penny the Mesn holds over by two pence The Mesn releases to the Tenant all the right he hath in the Land and the Tenant dies his Wife shall be endowed of the Land and she shall be Attendant to the Heir of the third part of the penny and not of the third part of the two pence For she shall be endowed of the best Possession of her Husband And where the Wife is endowed by the Guardian she shall be Attendant to the Guardian and to the Heir at his full age Kitchin fol. 209. With whom agrees Perkins in Dower 424. Attermining Also such as will purchase attermining of their Debts shall be sent into the Exchequer Ordinatio de libertatibus perquirendis Anno 27 Edw. 1. It comes from the Fr. Attermoye i. That hath a term or time granted for the payment of a debt So in this Statute it seems to signifie the Purchasing or gaining a longer time for payment of a debt Atterminent quaerentes usque in proximum Parliamentum Westm 2. cap. 24. Atturney atturnatus Is he that is appointed by another Man to do any thing in his stead as much as Procurator or Syndicus in the Civil Law West defines them thus Atturneys are such persons as by the Consent Commandment or Request of others see to and take upon them the charge of their business part 1. Symbol lib. 2. sect 559. In ancient time those of Authority in Courts had it in their power whether to suffer men to appear or sue by another then themselves as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attornato faciendo where it is shewed That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them but it is since provided by Statutes that it should be lawful so to do without any such circuit as appears by 20 Hen. 3. cap. 10. 6 Edw. 1. c. 8. 27 ejusdem Stat. 2. 12 Edw. 2. cap. 1. 15 ejusdem cap. unico 7 Rich. 2. cap. 14. 7 Hen. 4. cap. 13. 3 Hen. 5. cap. 2. 15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register wherein the King by his Writ commands the Judges to admit of Atturneys whereby there grew at last so many unskilful Atturneys and so many mischiefs by them that for restraining them it was enacted 4 Hen. 4. cap. 18. that the Justices should examine them and displace the unskilful And again 33 Hen. 6. cap. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a Man at this day may have an Atturney and in what not see Fitz. ubi supra Atturney is either general or special Atturney General is he who by general Authority is appointed to manage all our Affairs or Suits As the Atturney General of the King which is as much as Procurator Caesaris was in the Roman Empire Atturney General of the Duke Cromp. Juris fol. 105. Atturney Special or Particular is he that is employed in one or more causes particularly specified of whom you may read more at large in Glanvile lib. 11. cap. 1. and Britton cap. 126. There are also in respect of the divers Courts Atturneys at large and Atturneys special belonging to this or that Court onely The name is borrowed of the Normans as appears by the Customary cap. 65. Our old Latin word for it seems to be Responsalis Bracton lib. 4. cap. 31. Atturney of the Court of the Dutchy of Lancaster Atturnatus Curiae Ducatus Lancastriae Is the second Officer in that Court and seems for his skill in Law to be there placed as Assessor to the Chancellor of that Court being for the most part some Honorable Person and chosen rather for some especial trust reposed in him to deal between the King and his Tenants than for any great Learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment from the Fr. Tourner i. vertere Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life and he in Reversion grants his right to another it is necessary the Tenant for Life agree thereto which is called Attornment without which nothing passeth by the grant But if the Grant be by Fine in Court of Record he shall be compelled to Attourn Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these I agree me to the Grant made to you or more commonly Sir I attourn to you by force of the same Grant or I become your Tenant or deliver to the Grantee a penny by way of Attournment Littl. lib. 3. cap. Attournment where you may finde divers other Cases whereto Attournment appertains and that it is the transposing those duties which the Tenant owed his former Lord to another as his Lord. Attournment is either by word or by act voluntary or compulsory by the Writ Per quae servitia Old Nat. Br. fol. 155. or sometimes by Distress Fitz. Nat. Br. fol. 147. It may be made to the Lord himself or to his Steward in Court Kitchin fol. 70. There is Attournment in Deed and Attournment in Law Coke vol. 6. fol. 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law it is of equal force Coke on Littl. fol. 309. Atturnato faciendo vel recipiendo Is a Writ which a Man owing sute to a County Hundred or other Court and desiring to make an Atturney to appear for him there whom he doubts the Sheriff or Steward will not otherwise admit purchaseth to command him to receive such a Man for his Atturney and admit his appearance by him The form and other Circumstances whereof See in Fitz. Nat. Br. fol. 156. Avage or Avisage Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex upon St. Leonards day 6 Novemb. pays to the Lord viz. for every Pig under a year old ob for every yearling Pig 1 d and for every Hog above a year old 2 d for the priviledge of Pawnage in the Lords Woods Tob. Edmonds Gen. Senescal ibidem Audience Court Curia Audientiae Cantuariensis Is a Court belonging to the
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. paâ—d to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries If issue be taken whether the Plaintiff or Defendant be a Countee or not This shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
Cosoning and New Book of Entries verbo Disceit Decenna and Decenniers See Deciners Decennary Decennaria The Limits or Compass of ten Friburghs See Deciners Deceptione Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another Fitz. Nat. Br. fol. 95. And is either Original or Judicial as appears by Old Nat. Br. fol. 50. where you may read the use of both to this effect This Writ of Deceit when it is Original lies where deceit is used to a Man by another by not sufficiently performing a Bargain or Promise or by using some Guile whereby he may be disinherited or evil intreated c. And when Judicial it lies out of the Rolls of Record as in the Case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff returns the Writ served whereas the Party was not warned whereby he that sues the scire facias recovers then the Party who ought to have been warned shall have the said Writ against the Sheriff See Reg. of Writs fol. 112. and Reg. Judicial in the Table verbo Deceptione Decies tantum Is a Writ that lies against a Juror who hath taken Money for giving his Verdict called so of the effect because it is to recover ten times so much as he took It lies also against Embracers that procure such an Enquest Anno 38 Ed. 3. ca. 13. Reg. of Writs fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries verbo Decies tantum Decimation Decimatio the punishing every tenth Souldier by Lot was termed Decimatio Legionis Also a tithing or paying the tenth part What Decimation was in the late Usurpers time 1655 is still in the Memory of many good Subjects of this Realm See Tenths Decimis solbendis pro possessionibus alienigenarum Is a Writ or Letters Patent yet extant in the Register which lay against those that had farmed the Priors aliens Lands of the King for the Rector of the Parish to recover his Tyth of them Reg. of Writs fol. 179. Deciners alias Decenniers alias Doziners Decenarii Decearchi Signifie in the Ancient Monuments of our Law such as were wont to have the oversight and check of the Friburghs for Maintenance of the Kings Peace And the limits or compass of their Jurisdiction was call'd Decenna Bracton lib. 3. Tract 2. ca. 15. of whom you may also read Fleta lib. 1. ca. 27. And Reg. of Writs fol. 98. b. These seemed to have large Authority in the Saxons time taking knowledge of Causes within their Circuit and redressing Wrongs by way of Judgment and compelling Men thereunto as you may read in the Lawes of K. Edward the Confessor published by Lambert Numb 32. In later times I find mention of them as in Britton ca. 12. who sayes in the Kings Person for so he Writes his whole Book We will that all those who are 14 years old shall make Oath That they shall be sufficient and loyal to Us and neither be Felons nor assenting to Felons And We will That all Profess themselves to be of this or that Dozein and make or offer Surety of their Behaviour by these or those Doziners except Religious Persons Clerks Knights eldest Sons and Women Yet the same Author in his 29th Chap. sayes all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn except Earles Prelates Barons Religious persons and Women Stamf. Pl. Cor. fol. 37. has these words The like Law is where the Dozeniers make Presentment that a Felon is taken for Felony and delivered to the Sheriff c. And Kitchin fol. 33. thus Religious persons Clerks Knights or Women shall not be Deceniers A Dozein seems now to extend so far as every Leet extends because in Leets onely this Oath is Ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the Precinct of the Leet where they are sworn Fitz. Nat. Br. fol. 261. a. The particulars of this Oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. who sets down fifteen years for the age of those that are to be sworn to the Kings Peace but afterwards names twelve years See Inlaugh We may note out of the Premisses a diversity between the ancient and these modern times in this Point of Law and Government as well in the age of those who are to be sworn as also that Decennier is not now used for the chief Man of a Dozein but for him that is sworn to the Kings Peace and lastly That now there are no other Dozeins but Leets and that no Man ordinarily gives other security for keeping the Kings Peace but his own Oath and that therefore no Man answers for anothers transgression but every Man for himself See Frank-pledge and 2 Part. Inst fol 73. Declaration Declaratio Is properly the shewing forth or laying down in writing the Cause of Action in any sute at Law wherein the party supposes to have wrong This in an Action Real is properly called a Count which ought to contain Demonstration Declaration and Conclusion In Demonstration are contained three things viz. Who complains against whom and for what matter In the Declaration there ought to be comprised how and in what manner the Action rose between the parties when what day year and place and to whom the Action shall be given And in the Conclusion he ought to aver and proffer to prove his sute and shew the damage he hath sustained by the wrong done him Terms de la Ley. Decretals Decretales Are a Volume of the Canon Law so called or Books containing the Decrees of sundry Popes or a Digestion of the Canons of all the Councils that pertained to one Matter under one Head Dedi as if it be said in a Feoffment I. S. hath Given granted c. It is a Warranty in Law to the Feoffee and his Heirs Coke on Littl. fol. 384. a. Dedimus Potestatem i. We have given power Is a Writ whereby Commission is given to one or more private persons for the speeding of some Act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party who is to do something before a Judge or in a Court is so weak he cannot travel It is used in divers Cases as to take a Personal Answer to a Bill of Complaint in Chancery to examine witnesses in a Cause depending in that Court to levy a Fine c. West part 2. Symbol tit Fines sect 112. and divers other as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs verbo Dedimus Potestatem Déed Factum Is an Instrument written in Parchment or Paper consisting of three things viz. Writing Sealing and Delivery and comprehending a Contract or Bargain between party and party Of which there are two sorts Deeds Indented and Deeds
Poll which names arise from the form or fashion of them the one being cut in and out in the top or side which we call Indented the other being plain A Deed Indented is a Deed consisting of two parts or more for there are Tripartite and Quadripartite Deeds in which it is expressed That the parties thereto have to every part thereof interchangably set their several Seals The cause of their Indenting is that it may appear they belong to one business or contract A Deed Poll or polled anciently called Charta de una parte is a plain Deed without Indenting as if we should say The Indenting is polled or cut off and is used when the Vendor for example onely Seals and there is no need of the Vendees sealing a Counterpart by reason the nature of the Contract is such as it requires no Covenant from the Vendee unless in such case the Vendor will out of caution or curiosity have a Counterpart to see upon any occasion what Covenants himself hath given See Coke on Littl. fol. 35. b. Déemsters or Demsters from the Saxon dema i. a Judge or Umpire All Controversies in the Isle of Man are decided without Process Writings or any Charges by certain Judges whom they chuse from among themselves and call Déemsters Camd. Brit. tit British Islands Deer-Hays Are Engins or great Nets made of Cords to catch Deer Anno 19 Hen. 7. cap. 11. De essendo quietum de Tolonio Is a Writ that lies for those who are by priviledge freed from the payment of Toll which read at large in Fitz. Nat. Br. fol. 226. De expensis militum Is a Writ commanding the Sheriff to levy four shillings per diem for the expences of a Knight of the Shire And a like Writ De expensis Civium Burgensium to levy two shillings per diem for every Citizen and Burgess of Parliament 4 Inst fol. 46. De facto Anno 12 Car. 2. cap. 30. Which is actually done done indeed Default Fr. Defaut Is an Offence in omitting that which we ought to do Of this Bracton hath a whole Tract lib. 5. tract 3. By whom it appears that Default is most notoriously taken for non-appearance in Court at a day assigned Of this you may also read Fleta lib. 6. cap. 14. and Coke on Littl. fol. 259. b. Defeizance of the Fr. Desfaire i. to undo or defeat Signifies a Condition relating to a Deed as to a Recognizance or Statute which being performed by the Recognizor the Deed is disabled and made void as if it never had been done The difference between a Proviso or Condition in Deed and a Defeizance is That those are inserted in the Deed or Grant this is usually in a Deed by it self Of which you may read West at large Par. 1. Symb. lib. 2. sect 156. Defend Fr. Defendre Signifies in our ancient Laws and Statutes to prohibit or forbid As Usuarios defendit quoque Rex Edwardus ne remanerent in Regno LL. Ed. Conf. cap. 37. 5 Rich. 2. cap. 7. Of which thus Chaucer Where can you say in any manner age That ever God defended Marriage And in 7 Edw. 1. we have a Statute entituled Statutum de defensione portandi arma c. It is defended by Law to Distrain in the Highway Coke on Littl. fol. 161. To this day in divers parts of England we say God defend instead of God forbid And the Fench Moneth is more truly called the Defence Moneth i. the Forbidden Moneth See Fench Moneth Defendant Defendens Is he that is sued in an Action Personal as Tenant is he who is sued in an Action Real See Impediens Defendemus Is a word used in Feofments and Donations and hath this force that it binds the Donor and his Heirs to defend the Donce if any Man go about to lay any servitude on the thing given other then is contained in the Donation Bracton lib. 2. cap. 16. num 10. See Warranty Defender of the Faith Defensor fidei Is a peculiar title given to the Kings of England by the Pope as Catholicus to the King of Spain Christianissimus to the King of France and Advocatus Ecclesiae to the Emperor Which title was given by Pope Leo the Tenth to King Henry the Eighth for writing against Martin Luther in behalf of the Church of Rome and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth fol. 105. Deforcement Deforciamentum Matth. Paris fol. 422. Quicunque deforciaverit eis dotem de ipso deforciamento convicti fuerit id est Per vim abstulerit A withholding Lands or Tenements by force from the right owner See Deforceor and Coke on Littl. fol. 331. b. Deforciant Anno 23 Eliz. cap. 3. The same with Deforceor Deforceor Deforciator of the Fr. Forceur i. expugnator Is one that overcomes and casts out by force and differs from Disseisor First in this because a Man may disseise another without force which is called Simple Disseisin Britton cap. 53. Next because a Man may deforce another that never was in possession For example if more have right to Lands as Common Heirs and one entring keeps out the rest the Law says He deforceth them though he do not disseise them Old Nat. Br. fol. 118. And Littleton cap. Discontinuance fol. 117. says He who is inseoffed by the Tenant in Tail and put in Possession by keeping out the Heir of him in Reversion being dead doth deforce him though he did not disseise him because he entered when the Tenant in Tail was living and the Heir had no present right A Deforceor differs from an Intruder because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Possessor And a Deforceor is he that holds out the right Heir as abovesaid Bracton lib. 4. cap. 1. Degrading See Disgrading Delegates Anno 25 Hen. 8. cap. 19. Are Commissioners so called because delegated or appointed by the Kings Commission under the Great Seal to sit upon an Appeal to the King in the Court of Chancery in three Cases First When a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly When any Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When a Sentence is given in the Admiral Court in Sutes Civil and Marine by order of the Civil Law 4 Part. Inst fol. 339. Anno 8 Eliz. cap. 5 Deliverance See Replegiare Delf from the Sax. delfan to dig or delve Is a Quarry or Mine where Stone or Coal is dug Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth there is mention of a Mine or Delf of Copper Camd. Demain or Demesn Dominicum Gallis Domanium Italis Demanium Accipitur multipliciter says Bracton Est autem Dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands Anglicè i. Dominicum ad mensam Item dicitur Dominicum
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.
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
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
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63◠Cam. Brit. pa. 160. who reckons 9284
quando aliquod super Dominum Regem injuste occupatur ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis a recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii Tenementi vel Regii viae vel Civitatis And by Crompton in his Juris fol. 152. thus Pourpresture is properly when a Man takes to himself or encroaches any thing which he ought not whether it be in any Jurisdiction Land or Franchise and generally when any thing is done to the Nusance of the Kings Tenants See Kitchin fol. 10. And Manwood par 1. pag. 269. Par. 2. cap. 10. Some Authors make three sorts of this offence one against the King the second against the Lord of the Fee the third against a Neighbor by a Neighborâ— See 2 Inst fol. 38. 272. Pour seisâ—r terres la femme que tient en Dower c. Was a Writ whereby the King seised the Land which the Wife of his Tenant in Capite deceased had for her Dowry if she married without his leave and was grounded on the Statute of the Kings Prerogative cap. 3. See Fitz. Nat. Br. fol. 174. Poursuivant from the Fr. Poursuivre i. Agere persequi Signifies the Messenger of the King attending upon Him in Wars or at the Council Table or Exchequer or in His Court or at His Chamber to be sent upon any occasion or message as for the apprehension of a party accused or suspected of any offence Those that are used in Marshal Causes are called Pursuivants at Arms whereof there are four of special names which see in the word Herald Stow speaking of Richard the Third his end hath these words pag. 784. His Body was naked to the Skin not so much as one Clout about him and was trussed behinde a Pursuivant at Arms like a Hog or a Calf c. Pourveyor Provisor from the Fr. Pourvoire Providere Prospicere Signifies an Officer of the King or Queen that provides Corn and other Victual for their House Mentioned in Magna Charta cap. 22. and other Statutes but the Office is restrained by Stat. 12. Car. 2. cap. 24. See Pourveyance and Achat Pourveyance Fr. Pourvoyance Is the providing Corn Fuel Victual and other necessaries for the Kings House By Stat. 12 Car. 2. cap. 24. it is provided That no person or persons vp any Warrant Commission or Authority under the Great Seal or otherwise by colour of buying or making provision or Purveyance for His Majesty or any Quéen of England for the time being or that shall be or for His their or any of their Houshold shall take any Timber Fuel Cattle Corn Grain Malt Hay Straw Uictual Cart Carriage or other thing whatsoever of any the Subjects of His Majesty His Heirs or Successors without the full and frée consent of the owner or owners thereof had and obtained without Menace or Enforcement c. See The Antiquity of Praeemption and Pourueyance c. And 3 Inst fol. 82. Power of the County Posse Comitatus According to Lambert in his Eiren. lib. 3. cap. 1. fol. 309. co 〈…〉 in s the Aid and Attendance of all Knights Gentlemen Yeomen Laborers Servants Apprentises and Villains and of other young Men above the age of fifteen within the County because all of that age are bound to have Harness by the Statute of Winchester But Women Ecclesiastical Persons and such as are decrepit or labor with any continual infirmity shall not be compelled to attend For the Stat. 2 Hen. 5. cap. 8. says That persons able to travel shall be assistant in this service which is used where a Possession is kept upon a forcible Entry or any force or rescue used contrary to the Command of the Kings Writ or in opposition to the execution of Justice Powldavis See Poledavis Poynings Law Is an Act of Parliament made in Ireland by Henry the Seventh and so called because Sir Edward Poynings was Lieutenant there when it was made whereby all the Statutes in England were made of force in Ireland which before that time were not neither are aâ—y now in force there which were made in England since that time See Cokes 12 Rep. fol. 109. Hill 10 Jac. Pray in Ayd See Ayd Pratum falcabile A Meadow or Mowingground Jur. dicunt quod praedicta placea a tempore quo Fuit Pratum falcabile usque ad praedictum annum quod praedictus W. illud aravit Trin. 18 Edw. 1. in Banco Rot. 50. Prebend Praebenda Is the Portion which every Member or Canon of a Cathedral Church receives in right of his place for his maintenance Canonica Portio is properly used for that share which every Canon or Prebendary receives yearly out of the common stock of the Church and Praebenda is a several Benefice rising from some Temporal Land or Church appropriated towards the maintenance of a Clerk or Member of a Collegiat Church as the Prebends of Keyton and Coupes at Maldon and is commonly sirnamed of the place whence the profit arises Prebends are either Simple or with Dignity Simple Prebends are those that have no more but the Revenue towards their maintenance Prebends with Dignity are such as have some Jurisdiction annexed to them according to the divers Orders in every several Church Of this see more in the Decretals tit De Praebendis Dignitat Praebenda Was also in old Deeds used for Provender See Corody Prebendary Praebendarius Is he that hath such a Prebend so called a Praebendo auxilium consilium Episcopo Precariae Days works which the Tenants of some Mannors are bound to give the Lord in Harvest which in some places are corruptly called Bind days for Biden days from the Sax. Bidan to pray or intreat Baldwinus una bovata pro ii s. Dimd ii Gallinas xx Ova iv Precarias in Autumpno cum uno homine bis arare bis herciare semel falcare semel foenum levare c. Mon Angl. 2 par fol. 539. a. See Bederepe Prece partium Is when a Sute is continued by the Prayer Assent or Agreement of both Parties Anno 13 Edw. 1. cap. 27. Precept Praeceptum Is commonly taken for a Commandment in Writing sent out by a Justice of Peace or other-like Officer for the bringing a Person or Records before him of which you have example of divers in the Table of the Register Judicial And sometimes for the command or provocation whereby one Man incites another to commit Felony Theft or Murder Stamf. Pl. Cor. fol. 105. Bracton lib. 3. tract 2. cap. 19. calls it Praeceptum or Mandatum whence we may observe three diversities of offending in Murder Praeceptum Fortia Consilium Praeceptum being the instigation used before hand Fortia the Assistance in the Fact as helping to binde the party murdered or robbed Consilium advise either before or in the Deed. Praceptories Praeceptoriae Anno
c. Quod tunc sint coram nobis c. Which words can be referred to none but parties charged with the offence See 3 Inst fol. 119. Prender from the Fr. Prendre i. accipere Is the power or right of taking a thing before it is offered It lies in Render but not in Prender Cokes Rep. 1 Part. Sir Jo. Peters Case Prender de Baron Signifies literally to take a Husband but it is used as an Exception to disable a Woman from pursuing an Appeal of Murder against the killer of her former Husband Stamf. Pl. Cor. lib. 3. cap. 59. Prepensed Praepensus Forethought as Prepensed malice Malitia Praecogitata when a Man is slain upon a sudden quarrel yet if there were Malice Prepensed formerly between them it makes it Murder or as it is called in the Stat. 12 Hen. 7. cap. 7. Prepensed Murder See Murder And 3 Inst fol. 51. Praepositus Ccclesiae See Church-reve Praepositus Uillae Is used sometimes for the Constable of a Town or Petit-Constable Cromp. Juris fol. 205. Howbeit the same Author fol. 194. seems to apply it otherwise for there Quatuor homines Praepositi are those four Men that for every Town must appear before the Justices of the Forest in their Circuit It is sometimes used for an Head or Cheif-officer of the King in a Town Mannor or Village or a Reeve See Reeve Animalia res inventa coram ipso Sacerdote ducendae erant LL. Edw. Conf. cap. 28. Praerogative of the King Praerogativa Regis from prae i. ante and rogare to ask or demand For though an Act hath passed both Houses of Parliament yet before it be a Law the Royal Assent must be asked and obtained Is generally that Power Preeminence or Priviledge which the King hath over and above other persons and above the ordinary course of the Common Law in the right of His Crown Potest Rex ei lege suae dignitatis condonare si velit etiam mortem promeritam LL. Edw. Confess cap. 18. The Kings Person is subject to no Mans Sute His Possessions cannot be taken from Him by any violence or wrongful Disseisin His Goods and Chattels are under no Tribute Toll or Custom nor Distrainable with very many other Regal Rights and Priviledges See Stamf. Praerog and the Statute of the Kings Praerogative Anno 17 Edw. 2. and Plowden Casu Mines Spelman calls it Lex Regiae Dignitatis Prerogative Court Curia Praerogativa Archiepiscopi Cant. Is the Court wherein all Wills are proved and all Administrations granted that belong to the Archbishop by his Prerogative that is in case where the deceased had Goods of any considerable value out of the Diocess wherein he died and that value is ordinarily 5 l. except it be otherwise by composition between the said Archbishop and some other Bishop as in the Diocess of London it is 10 l. And if any contention arise touching any such Will or Administration the cause is properly debated and determined in this Court the Judge whereof is called The Judge of the Prerogative Court of Canterbury The Archbishop of York hath also the like Court which is termed his Exchequer but far inferior to this in Power and Prosit 4 Inst fol. 335. Prescription Praescriptio Is a Title taking its substance of use and time allowed by the Law As when a Man claims any thing because he his Ancestors or they whose estate he hath have had or used it all the time whereof no memory is to the contrary or when for continuance of time whereof there is no memory a particular person hath particular right against another particular person Kitchin fol. 104. See Coke on Littl. fol. 140. b. But as in the Civil Law so in the Common Prescription may be in a shorter time at least in some particular Cases For example where the Statute Anno 8 Rich. 2. cap. 4. says That a Judge or Clerk convicted for false entring of Pleas c. may be Fined within two years the two years being past he prescribes against the punishment of the said Statute So the Statute Anno 11 Hen. 7. says That he who will complain of Maintenance or Embracery whereby Perjury is committed by a Jury must do it within six days those six days ended the parties prescribe And divers other Statutes have the like Limitations of time whence may arise a like Prescription See Action Perpetual and Temporal See Lamb. Eiren. lib. 4. ca. 5. pag. 469. Of this Prescription and the Learning touching the same you may read Cokes Rep. Lutterels Case Vol. 4. fol. 84. and Latches Rep. fol. 110. Praescriptio est jus quoddam ex tempore congruens authoritate legum vim capiens paenam negligentibus inferens sinem litibus imponens Quadragenalis Praescriptio omnem prorsus actionem excludat Reformatio Legum Eccles pag. 246. See 2 Inst fol. 653. Presentation Praesentatio Is used properly for the act of a Patron offering his Clerk to the Bishop to be instituted in a Benefice of his Gift the Form whereof see in Reg. of Writs fol. 322. a. See Parson Presentée Is the Clerk that is so presented by the Patron In the Stat. 13 Rich. 2. cap. 1. mention is made of the Kings Presentee that is he whom the King presents to a Church Presentment Is a meer denunciation of the Jurors themselves or some other Officer as Justice of the Peace Constable Searcher Surveyor c. without any information of an offence inquirable in the Court whereunto it is presented Lamb. Eiren. lib. 4. cap. 5. pag. 467. President Praeses Is used for the Kings Lieutenant in any Province or Function as President of Wales York Barwick President of the Kings Council Anno. 22 Hâ—n 8 ca. 8. And 24 Hen. 8. ca. 3. 1. Prest Is used for a duty in Money to be paid by the Sheriff upon his account in the Exchequer or for Money left or remaining in his hands Anno 2 3 Edw. 6. ca. 4. Prest Money Is so called of the French word Prest i. Promptus Expeditus for that it binds those that receive it to be ready at all times appointed commonly meant of Soldiers Anno 18 Hen. 6. 19. 7 Hen. 7. 1. 7 Hen. 8 5. And 2 Edw. 6 2. Prestation Money Praestatio i. A performing or paying Is a sum of Money paid by Archdeacons yearly to their Bishop Pro exteriori Jurisdictione Et quieti sint a Praestatione Muragii Carta Hen. 7. Burgens Mountgomer Praestatio was also anciently used for Pourveyance See Mr. Phillips Book on that subject pag. 222. And see Spiritualties Presumption Praesumptio Is of three sorts 1. Violent which is many times Plena Probatio as if one be run through the Body in a House whereof he instantly dies and a Man is seen to come out of the House with a Bloody Sword and no other Man was at that time in the House 2. Probable which moveth little 3. Levis seu temeraria which moves not at all So in case of a
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke 〈…〉 In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a 〈…〉 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
if a Feme waved See Exigent Quinzime See Quinsieme Quiteclaim Quieta clamantia Is a Release or Acquitting a Man for any Action that he hath or may have A quitting of ones Claim or Title Bracton lib. 5. tract 5. cap. 9. num 9. and Lib 4. tract 6. cap. 13. num 1. Quit-rent Quietus Redditus Quasi Quiet-rent is a certain small Rent payable yearly by the Tenants of most Mannors which when paid the Tenant is quiet and free till it becomes due again This in some ancient Records is written White-rent because paid in Silver Quod ei Deforceat Is a Writ that lies for the Tenant in Tail Tenant in Dower or Tenant for Life against him that entred or took away their Land recovered or against his Heir See Brook hoc tit Reg. of Writs fol. 171. and Westm 2. cap. 4. Quod Clerici non eligantur in Officio Balivi c. Is a Writ that lies for a Clerk who by reason of some Land he hath is made or like to be made either Bailiff Bedel or Reeve or some such like Officer See Clerico infra sacros c. And Regist of Writs fol. 187. Quod permittat Is a Writ that lies for the heir of him that is disseised of his Common of Pasture against the heir of the Disseisor being dead Briton cap. 8. says This Writ lies for him whose Ancestor died seised of Common of Pasture or other like thing annexed to his Inheritance against the Deforceor See Brook hoc tit and New Book of Entries Quod Clerici beneficiati de Cancellaria Is a Writ to exempt a Clerk of the Chancery from contributing towards the Proctors of the Clergy in Parliament Regist of Writs fol. 261 a. Quod persona nec Prebendarii c. Is a Writ that lies for Spiritual Persons that are distrained in their Spiritual Possessions for the payment of a Fifteenth with the rest of the Parish Fitz. Nat. Br. fol. 176. Quod non permittat See Consuetudinibus Servitiis Quo jure Is a Writ that lies for him who hath Land wherein another challengeth Common of Pasture time out of minde and it is to compel him to shew by what title he so challenges it Fitz. Nat. Br. fol. 128. and Britton cap. 59. at large Quo minus Is a Writ that lies for him who hath a grant of House-bote and Hay-bote in another Mans Woods against the Grantor making such Waste as the Grantee cannot enjoy his Grant Old Nat. Br. fol. 148. and Kitchin fol. 178. This Writ also lieth for the Kings Farmer in the Exchequer against him to whom he sells any thing by way of Bargain touching his Farm or who oweth him any Money or against whom he hath any cause of Personal Action Perkins Grants 5. For he supposeth by the Vendees detaining any due from him he is made less able to pay the King Rent Under which pretence any one who pays the King a Fee-farm Rent may have this Writ against any other person for any debt or damage and bring the Cause to tryal in the Exchequer Quo Warranto Is a Writ that lies against him who usurps any Franchise or Liberty against the King as to have Waiff Stray Fair Market Court-Baron Leet or such like without good Title Old Nat. Br. fol. 149. or else against him that intrudes himself as heir into Land Bracton lib. 4. tract 1. cap. 2. num 3. And 18 Edw. 1. stat 2 3. And 30 Ejusdem See also the New Book of Entries Quorum Is a word often mentioned in our Statutes and much used in Commissions both of Justices of the Peace and others As for example where a Commission is directed to five persons or to any three of them whereof A. B. and C. D. to be two in this Case A. B. and C. D. are said to be of the Quorum because the rest cannot proceed without them So a Justice of the Peace and Quorum is one without whom the rest of the Justices in some cases cannot proceed Anno 3 Hen. 7. cap. 3. And 32 Hen. 8. cap. 43. Quyke Was anciently used for a Live or Quick Beast John Bracebrige of Kinnersbury Esq in his Will dated 7 Hen. 8. Ordained That his best Quyke should be taken in the name of his Mortuary R. RAchetum alias Rachatum from the Fr. Rachater or Racheter i. Redimere Theifbote the Compensation or Redemption of a Theif Nullus capiat Rachetum hoc est Theifbute de Latrocinio 1 Stat. Rob. R. Scot. cap. 9. Rack Fidiculae sic dict quia eis rei in eculeo torquentur ut fides inveniatur An Engin in the Tower with Cords and Strings to extort Confession from Delinquents John Holland Earl of Huntingdon was by King Henry the Sixth created Duke of Exeter Anno 16 H. 6. the King granted to him the Office of Constableship of the Tower He and William de la Poole Duke of Suffolk and others intended to have brought in the Civil Laws For a beginning whereof the Duke of Exeter being Constable of the Tower first brought into the Tower the Rack or Brake allowed in many Cases by the Civil Law and thereupon it was called The Duke of Exeters Daughter because he first brought it thither 3 Inst fol. 35. Rack-vintage Anno 32 Hen. 8. cap. 14. Is a second Vintage or Voyage for Wines by our Merchants into France c. for Rack'd Wines that is Wines drawn from the Lees. from this Voyage our Merchants commonly return about the end of December or beginning of January Rad Knights See Rod Knights Radechenistres i. Liberi homines Domesday tit Leofminstre Lempster Ibi erant 8 Praepositi 8 Bedelli 8 Radechenistres 238 Villani 75 Bordarii c. Radman Domesday tit Herefscire 15 Bordar Praepositus unus Radman c. Seems to be the same with Rod-Knight Rageman Is a Statute so called of Justices assigned by Edward the First and his Council to hear and determine throughout all England all Complaints of Injuries done within five years next before Michaelmas in the Fourth year of His Raign Ragmans-Roll Edward the Third says Sir Richard Baker in his Chronicle fol. 127. surrendered by His Charter all His Title of Soveraignty to the Kingdom of Scotland restored divers Deeds and Instruments of their former Homages and Fealties with the famous Evidence called Ragmans Roll. Ran Sax. Aporta Rapina so open a spoiling a Man as it cannot be denied Hoveden inter ea quae Willielmus prinius constituit in emendationem legum Angliae parte post Hen. 2. Decretum est etiam ibi ut si Francigena appellaverit Anglicum de perjurio aut murdro furto homicidio Ran quod dicunt apertam rapinam quod negari non potest Anglicus se defendet per quod melius voluerit aut judicio ferri aut duello Consonant whereunto it is to this day vulgarly said by one who taketh the Goods of another injuriously and by violence He hath taken all he could Rap and ran rap from
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
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
ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10â— b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le