Forestall FOrestall is to be quit of Amerciaments and Cattels arrested within your Land and the Amerciaments thereof coming Founder FOunder is he that uses the Art of Melting or Dissolving Metals and making any thing thereof by casting in Molds He seems to have his name from the Latine word Fundere and is mentioned in the Statute of 17 R. 2. cap. 1. Fourcher FOurcher is a device used to delay the Plaintiff or Demandant in a Suit against two who thereto are not to answer till they both appear and the Appearance or Essoin of one will excuse the others Default at that day and they agree that the one shall be essoined or appear one day and for lack of the Appearance of the other have day over to appear and the other party shall have the same day and at that day the other will appear or be essoined and he that appeared or was essoined before will not then appear because he hoped to have another day by the Adjournment of the party who then appeared or was essoined This is called Fourcher and in some cases the mischief thereby is remedied by the Statute of Gloucest cap. 10. and Westm̄ 1. cap. 42. Franchise FRanchise is a French word and signifies in our Law an Immunity or Exemption from ordinary Iurisdiction as for a Corporation to hold Pleas within themselves to such a value and the like See of this in the Old Nat. Brev. fol. 4. a b. Franchise Royal. FRanchise Royal is where the King grants to one and his Heirs that they shall be quit of Toll or such like Free Almes FRee Almes is where in ancient times Lands were given to an Abbot and his Covent or to a Dean and his Chapter and to their Successors in pure and perpetual Almes without expressing any Service certain this is Frank-almoigne and such are bound before God to make Oraisons and Prayers for the Donor and his Heirs and therefore they do no Fealty and if such as have Lands in Frank-almoigne perform no Prayers nor Divine Service for the Souls of the Donors they shall not be compelled by the Donors to do it but the Donors may complain to the Ordinary praying him that such negligence be no more and the Ordinary of right ought to redress it But if an Abbot c. holds Lands of his Lord for certain Divine Service to be done as to sing every Friday a Mass or do some other thing if such Divine Service be not done the Lord may distrain and in such case the Abbot ought to do Fealty to the Lord and therefore it is not said Tenure in Frank-almoign but Tenure by Divine-Service for none can hold by Frank-almoign if any certain Service be expressed Frank Bank FRank Bank or Free Bench are Copihold-Lands which the Wife being married a Virgin hath after the decease of her husband for her Dower Kitch f. 102. Bract lib. 4. tract 6. cap. 13. num 2. hath these words There is a custom in those parts that the Wives their Husbands being dead should have Frank Bank of Lands of Sockmans and hold it in name of Dower Fitzh calls this a Custome by which in some Cities the Wife shall have all the Lands of her Husband for Dower N. B. fol. 150. See Plow fol. 411. Frank Chase FRank Chase is a Liberty by which all men having Land within this compass are prohibited to cut down the Wood or discover c. without the view of the Forrester although it be his own Crom. Jur. f. 187. Frank Fee TO hold in Frank Fee is to hold in Fee-simple Lands pleadable at the Common Law and not in ancient Demesne Frank Law FRank Law See Crom. Just of Peace f. 151. where you may find what this is by the contrary for he that for an Offence as Conspiracy loses his Frank Law is said to fall into these Mischiefs First that he shall never be Impanelled upon any Iury or Assize or otherwise used in saying any Truth Also if he have any thing to do in the Kings Court he shall not approach thither in person but must appoint his Attourney 3 His Lands Goods and Chattels are to be seised into the Kings hands and his Lands must be estrepped his Trees rooted up and his Body committed to prison Free Marriage FRee Marriage is when a man seised of Land in Fee-simple gives it to another man and his wife who is the daughter sister or otherwise of kin to the Donor in Free Marriage by virtue of which wards they have an Estate in special tail and shall hold the Land of the Donor quit of all manner of Services until the fourth degree be past accounting themselves in the first degree except Fealty which they shall do because it is incident to all Tenures saving Free alms And such Gift may be made as well after Marriage solemnized as before And a man may give Lands to his Soir in Free Marriage as well as to his Daughter by the opinion of Fitzh in his Writ of Champertie H. But it appears otherwise in Littleton and in Broke tit Frank-marriage pla 10. And so it was holden clear in Grays-Inne in Lent an 1576. 18 Eliz. by M. Rhodes then Reader there Frank-plege FRank-plege signifies a Pledge or Surety for Free-men according to the ancient Custom of England for preservation of the publick Peace See the Statute for View of Frank-pledge Anno 18 Ed. 2. and see View of Frank-pledge Free-hold FRee-hold is an Estate that a man hath in Lands or Tenements or Profit to be taken in Fee-simple Tail for term of his own or anothers life in Dower or by the Courtesse of England and under that there is no Free-hold for he that hath Estate for years or holds at will hath no Free-hōld but they are called Chatels And of Free-holds there are two sorts viz. Free-hold in Deed and Free-hold in Law Free-hold in Deed is when a man hath entred into Lands or Tenements and is seised thereof really and actually As if the Father seised of Lands or Teuements in Fee-simple dies and his son enters into the same as heir to his Father then he hath a Free-hold in Deed by his Entry Free-hold in Law is when Lands or Tenements are discended to a man and he may enter into them when he will but hath not yet made his Entry in Deed As in the case aforesaid if the Father being seised of Lands in Fee die seised and they discend to his Son but the Son hath not entred into them in Deed now befo rt his Entry he hath a Free-hold in Law French-man FRench-man was wont to be used for every Outlandish-man Bracton Lib. 3. Tract 2. cap. 15. See Engleshery Frendless man FRendless man was the old Saxon word for him we call an Outlaw nam forisfecit Amcos suos Bracton Lib. 3. Tract 2. cap. 12. Fresh Force FResh Force Frisca Forcia is a force committed in any City or Borough as by Disseisin Abatement Intrusion or Deforcement of any Lands or Tenements within the said City or
soit expresse ascun certain Service Franke Bank FRanke Banke sont Copihold-terres que le feme esteant espouse un Virgin ad apres le mort sa baron pÌ„ sa Dower Kitch fol. 102. Bract. lib. 4. tract 6. cap. 13. num 2. ad ceux ê‘ols Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum de Terris Sockmannorum teneant nomine Dotis Fitz. appel c ' un Custome ê‘ qÌ„ en ascuns Cities le feme avera touts les Terres de sa baron pÌ„ sa Dower N. B. fol. 150. Veies Plow fol. 411. Franke Chase FRanke Chase est un Franchise ê‘ qÌ„ touts homes ayant TrÌ„e deins cel coÌ„passe soÌ„t ê“hibit de succider le Bois ou discover c. sans le view del Forrester nieÌ„t obstant qÌ„ soit soÌ„ demesnÌ„ Crom. Jaris f. 187. Frank Fee TEner in Frank Fee est a tenÌ„ en Fee-simple TrÌ„s pleadable a la Common Ley nient en Ancient Demesne Frank Ley. FRanke Ley Veies Crom Just de Peace f. 151. ou vous poys trove qÌ„ c ' est per le contrarie car celuy qÌ„ pÌ„ un offence come Conspiracie perde son Frank Ley est dit de ca â— en ceux males 1. Que il ne unques serra impanel fur asc ' Jurie ou Assise ou autermÌ„t use en disant asc ' voiertie Auxy sil ad asc ' chose a faire en le Court le Roy il ne ceo venÌ„a en person mes covient a â— esignÌ„ son Atturnie 3. Ses Terres Biens Chateux sont destre seise en les maines le Roy ses Terres serroint estreape ses Arbres radicate son Corps commise al prison Franke Marriage FRanke Marriage est qnÌ„t un home seisie de Terre en Fee-simple doÌ„e ceo al aut ' home sa feme qÌ„ est file soer ou auterment de kin al Donor in Frank-Marriage per vertue de queux parols ils ont un Estate en special taile tiendrÌ„ le Terre del Donor quitte 〈◊〉 touts manÌ„ers des Services tanque le quart degree soit passe accountant eux mesmes eÌ„ l'primÌ„ degree fi non Fealtie queux ils serront â— ur ceo qÌ„ est incident a touts Tenures sorsque Frankalmoigne Et tiel Done poit estre fait cybien apres Marriage solemnize come devant Et home poit done TerÌ„s a son fits en Frank Marriage cybien come a son File per le opinion de Fitzherbert en son BrÌ„e de Champerty H. Mes il appiert auterment en Littleon en Broke tit Frank-marriage pla 10. Et issint il fuit tenus clere en Greys Inne en Lent An. 1576. 18 El. per M. Rhodes donques Lector la. Frank-plege FRank-plege signifie un Plege ou Suretie pur Frank homes solonque le ancient Custom d' Angleterre pur preservation del publique Paix Veies le Stat. pur Vieu de Frank-plege Anno Ed. 2. Veies Vieu de Frank-plege Frank-Tenement FRank-Tenement est un Estate que home ad en TerrÌ„s ou Tenements ou Profit a prender en Fee-simple taile pÌ„ terme de son vie demesne ou daut ' vie en Dower ou ê‘ le Curte â—â— e d' Angleterre south ceo il nest Frank tenemente car il que ad Estate pÌ„ ans ou tient a vol ' nad asc ' Frank-tenement mes ils sont appels Chatels Et de Frank-tenement il y ad deux sorts viz. Frank-tenement en fait Frank-tenement en Ley. Frank-tenement en fait est qÌ„nt un home ad entre de Terres ou Tenements est seisie de ceo realment actualment Sicome le pere seisie de Terres ou Tenements en Fee-simple devie son fits enter en eux come heir a son pere donques il ad uÌ„ Frank-tenement en fait ê‘ son Entrie Frank-tenement in Ley est qnÌ„t Terres ou Tenements sont discendus al un home il poit enter en eux quant a luy pleist mes nad unc ' fait son Entrie en fait Come en le case avantdit si le pere esteant seisie de TerrÌ„s en fee devie seisie ils discend a son fits mes l' fits and unc ' enter en fait en eux ore devant son Entrie il ad un Frank-tenement en Ley. French-man FRench man fuit use pur chescun Alien Bracton lib. 3. Tract 2. cap. 15. Veies Engleshery Frendless man FRendless man fuit le veil Saxon ê‘rol pÌ„ luy que nous appel ' uÌ„ O â— tlaw nam forisfecit Amicos suos Bracton lib. 3. Tract 2. cap. 12. Fresh Force FResh Force Frisca Forcia est un Force comise deins asc ' Citie ou Borough come per Disseisin Abatement Intrusion ou Deforcement des ascuns Terres ou Tenements deins le dit Citie ou Borough Pur redresser de qÌ„l tort cestui q droit ad poit pÌ„ l'Usage del dit Citie ou Borough aver son remedie sans Brief per un Assise ou Bill â— e Fresh Force port deins 40 jours apres le Force coÌ„mise ou Title a luy accrue En quel Action il poit faire son protestation de suer en le nature â— quel Brief que il voit Et veies pÌ„ ceo matter Fitzh N. B. f. 7. C. Vi â— ux N. B. f. 4. a. Fresh Suit FResh Suit est quant un home est robbe le partie issint robbe pursua le Felon immediatement luy prist ove le manner ou auterment donques port uÌ„ Appeale envers luy luy convince del Felonie ê‘ Verdict le quel chose esteant enquire pur le Roy trove le partie robbe avera restitution de ses bi â— ns arere Item il poit este dit que le partie fait Fresh Suit nient obstant que il ne prist le Felon presentment mes que il soit demy an ou uÌ„ an apres le Robberie fait devant que il soit prise si soit issint que le partie robbe fait tant qÌ„ en luy est per diligent enquirie search Ä‘ luy prender nient obstant que il est prise ê‘ un auter home uncore c'serra dit Fresh Suit Fresh Suit est auxy quant le SnÌ„r vient pur distreine pur Rent ou Service l'Owner des Beasts fait rescous enchase eux en auters Terres que nest tenus del Seignior le Seignior ensue ê‘sentmÌ„nt reprist eux Et issint en auter semblables cases Friperer FRiperer est un parol use en le Statute de 1 Jac. c. 21. pur un sort des Brokers Et semble destre un parol prise del Francois Fripier Interpolar pÌ„ ceo un Friperer est un que use de Polir vieux Vestiments pÌ„ vender arere Frumgyld FRumgyld est un veil Saxon parol que signifie le prime Payment fait al kindred de un person occise
Borough For the redressing of which wrong he that hath right may by the Vsage of the said City or Borough have his remedy without Writ by an Assise or Bill of Fresh Force brought within 40 days after the Force committed or Title to him accrued In which Action he may make his protestation to sue in the nature of what Writ he will And see for this matter Fitzh Nat. Bre. f. 7. C. and Old N. B. f. 4. a. Fresh Suit FResh Suit is when a man is robbed and the party so robbed follows the Felon immediately and takes him with the manner or therwise and then brings an Appeal against him and doth convict him of the Felony by Verdict which thing being enquired of for the King and found the party robbed shall have restitution of his goods again Also it may be said that the party made Fresh Suit although he take not the Thief presently but that it be half a year or a year after the Robbery done before he be taken if so be the party robbed do what lies in him by diligent enquiry and search to take him yea although he be taken by some other body yet this shall be said Fresh Suit Fresh Suit is also when the Lord comes to distrain for Rent or Service and the Owner of the Beasts makes rescous and drives them into anothers Ground not holden of the Lord and the Lord follows presently and takes them And so in other like cases Friperer FRiperer is a word used in the Statute of 1 Jac. c. 21. for a kind of Broker And it seems to be a word taken from the French word Fripier to trick up old things and therefore a Friperer is one that uses to dress old Clothes to sell again Frumgyld FRumgyld is an old Saxon word which signifies the first payment made to the Kindred of a slain person in recompence of his Murder L. L. Edmundi c. ult Fugitives goods FUgitives Goods are the proper goods of him that flies upon felony which after the flight lawfully found do belong to the King Coke vol. 6. f. 109. b. G. Gable GAble Gablum in ancient Records is an old word that signifies a Rent Duty Custom or Service yielded or done to the King or any other Lord See the Comment upon Littl. fol. 142. a. Gager de deliverance GAger de deliverance is where one sues a Repleven of goods taken but he hath not the goods delivered and the other avows and the Plaintiff shews that the Defendant is yet possessed of the goods c. and prays that the Defendant may gage the Deliverance then he shall put in Surety or Pledges for the Redeliverance and a Writ shall go forth to the Sheriff to redeliver the goods c But if a man claim property he shall not gage Deliverance And if he say that the Beasts are dead in the Pound he shall not gage c. Also a man shall never gage the Deliverance before they are at Issue or Demurter in the Law as it is said Gainage GAinage Wainagium seems to come from the French word Gaignage id est Gain or Profit but in our Law it signifies the Profit most properly that comes by the Tillage of Land And therefore in the Statute of Mag. Chart. c. 14. it is Enacted that a Villain shall be amerced saving his Gainage and in West 1. c. 6. saving his Gainure and in c. 17. it is Enacted That he that deforces any of the deliverances of his Beasts by Replevin shall render unto the Plaintiff his double Dammages which he hath sustained in his Beasts or in his Gainage disturbed c. And by the Statute of Distress of the Exchequer made in 51 H. 3. it is Enacted That no man of Religion or other shall be distrained by the Beasts that gain his Land Galli-halpens GAlli-halpens were a certain Coin prohibited by the Stat. An. 3. H. 5. c. 1. Gaole GAole or Gayle comes of the French word Geole which signifies a Cage for Birds but metaphorically is used for a Prison And from thence the Keeper of the Prison is called a Gaoler or Gayler Garbe GArbe comes of the French Garbe vel Gerbe which signifies a Bundle or Sheaf This word is used in the old Stat. called Charta de Foresta cap. 7. where Herbas in the Latine is translated Garbe in English Garble GArble is is to sort and chuse the good from the bad as the Garbling of Bow-staves Anno 1 R. 3. c. 11. and the Garbling of Spice is nothing else but to purifie it from the Dross with which it is mixed See of this at large in the Statute of 1 Jac. c. 19. Gard. GArd or Ward is when an Infant whose Ancestor held by Knights Service is in the Ward or Keeping of the Lord of whom those Lands were holden And if the Tenant hold of divers Lords divers Lands the Lord of whom the Land is holden by Priority that is by the more elder Tenure shall hade the Wardship But if one Tenure be as old as the other then he that first gets the Ward of the Body shall keep it But every Lord shall have the Ward of the Land that is holden of him And if the Tenant hold any Land of the King in chief he by his Prerogative shall have the Ward of the Body and of all the Land that is holden of him and of every other Lord. Also there are divers Writs of Ward One is a Writ of Right of Ward and that lies where the Tenant dies his Heir within age and a Stranger enters into the Land and happens to have the Ward of the Body of the Infant A Writ of Ejectment of Ward lies where a man is put out of the Ward of the Land without the Body of the Infant A Writ of Ravishment of Ward lies where the Body is taken from him only and not the Land But see the Stat. 12 Car. 2. c. 24. for Abolishing the Court of Wards c. Gardian GArdian or Wardein most properly is he that hath the Wardship or Keeping of an Heir and of his Land holden by Knights Service or of one of them to his own use during the Nonage of the Heir and within that time hath the bestowing of the Body of the Heir in Marriage at his pleasure without disparagement And of Wa â—â— ens there are two sorts namely Gardian in Right and Gardian in Deed. Gardian in Right is he that by reason of his Seigniory is seised of the Wardship or keeping of the Land and Heir during his Nonage Gardian in Deed is where the Lord after his Seifin as aforesaid grants by Deed or without Deed the Wardship of the Land or Heir or both to another by force of which Grant the Grantee is in possession The Grantee is called Gardian in Deed. And this Gardian in Deed may grant the Heir to another also but that other is not properly called Gardian in Deed but Grantee of the Gardian in Right