Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord Mâ—sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after easter-Easter-day and ends the Munday next after ascension-Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur câ—rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery
That Feeferm oweth fealty though not expressed in the Feoffment since Fealty belongs to all kinds of Tenures See Ferm Felo de se Is he that commits Felony by murdring himself See Crom. Justice of P. fo 28. and Lamb. Eiren. lib. 2. ca. 7. The Saxons called him Self bana Self-bane Felony Felonia Fr. Felonnie Sir Edward Coke sayes Ideo dicta est Felonia quia fieri debet felleo animo lib. 4. fol. 124. b. We account any offence Felony that is in degree next Petit Treason and compriseth divers particulars as Murder Theft Killing ones self Sodomy Rape Willful burning of Houses and divers such like which are to be gathered especially out of the Statutes whereby many offences are daily made Felony which were not so before Felony is discerned from lighter offences in that the punishment thereof is death yet not alwayes For petit Larceny which is the stealing any thing under the value of twelve pence is Felony as appears by Broke tit Coron num 2 his reason is because the Inditement against such a one must run with these words Felonice cepit yet not punished by Death though it be loss of Goods Other exception I know not but that a Man may call that Felony which is under Petit-Treason and punished by death Of this there are two sorts one lighter which for the first time may be relieved by Clergy another that may not which may also be known by the Statutes for Clergy is allowed where it is not expresly taken away Of this read Stamf. pl Cor. lib. 1. but many offences are made Felony by Statute since he wrote and Lamb. Justice of P. lib. 2. ca. 7. in a Table drawn for the purpose Felony is also punished by loss of Lands not intailed and Goods and Chattels both real and personal yet the Statutes make difference in some cases concerning Lands as appears by 37 Hen. 8. ca. 6. Felony ordinarily works corruption of Blood unless a Statute ordaining an Offence to be Felony says It shall not corrupt the Blood As 39 Eliz. c. 17. Feme covert Fr. a Marryed Woman Anno 27 Eliz. ca. 3. who is also said to be under Covert baron Fence-moneth Mensis prohibitionis or Mensis vetitus Is a Moneth wherein the Female Deer do fawn and therefore t is unlawful to Hunt in the Forest during that time which begins fifteen dayes before Midsommer and ends fifteen dayes after in all 31 dayes See Manwood Part 2. cap. 13. per totum and the Stat 20 Car. 2. ca. 3. It is also called the Defence Moneth that is the Forbidden Moneth for the Latin is Ponantur in defenso There are also certain Fence or Defence Moneths or seasons for Fish as well as wild Beasts as appears by Westm 2. ca. 13. in these words All waters where Salmons are taken shall be in Defence for taking of Salmons from the Nativity of our Lady unto St. Martins-day And likewise that young Salmons shall not be taken nor destroyed by Nets c. from the midst of April to the Nativity of St. John Baptist See also 13 R. 2. Stat. 1. ca. 19. Fengeld Sax. Pecunia vel tributum ad arcendos hostes erogatum M. S. Antiq. Feodal Feodalis vel feudalis of or belonging to the Fee Fee-Farm or Fee-simple Anno. 12 Car. 2. ca. 24. Feodary Feudary or Feudatary Feudatarius Was an Officer Authorized and made by the Master of the Court of Wards by Letters Patent under the Seal of that Office His Function was to be present with the Escheator at the finding any Office and to give Evidence for the King as well concerning the value as the tenure to Survey the Land of the Ward after the Office found and rate it He did also assign the Kings Widows their Dowers and receive all the Rents of Wards lands within his Circuit This Officer is mentioned Anno. 32 Hen. 8. ca. 46 and seems to be totally taken away by 12 Car. 2. ca. 24. Noble-Men had also particular Feodaries Humfrey Count de Stafford de Perch Seigneur de Tunbridge de Cauz a nostre Feodier en le Counte de Warwick c. Saches que nous Dat. 17 H. 6. Feofment Feofamentum from the Gothish word feudum Signifies Donationem feudi any Gift or Grant of any Honours Castles Mannors Messuages Lands or other corporeal and immoveable things of like nature to another in Fee that is to him and his heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing when it is in writing it is called a Deed of Feofment and in every Feofment the giver is called the Feoffer Feofators and he that receives by vertue thereof the Feoffee Feofatus Litt. lib. 1. ca. 6. says the proper difference between a Feoffor and a Donor is that the first gives in Fee-simple the other in Feetay 〈…〉 Feofamentum est ipsum Donum Concessio vel actus feofandi See Coke on Litt. fol. 9. Ferdella terrae Is ten Acres See Virgata and Fardel Ferdendel See Fardingdeal Ferdfare Significat quictantiam eundi in Exercitum Fleta lib. 1. ca. 47. Ferdwit Significat quietantiam murdri in exercitu Fleta lib. 1. ca. 47. Et sint quieti de Fictwite Flictwite Ferdwite Hengewite Leirwite c. Carta 11 H. 3. m. 33. Ferial-days Dies Feriales Feriae according to the Latin Dictionary Signifies Holy-dayes or dayes vacant from Labour and Pleading But in the Stat 27 Hen. 6. ca. 5. Ferial dayes are taken for Working dayes For S. Silvester ordain'd Sabbati Dominici diei nomine retento reliquos hebdomadae dies feriarum nomine distinctos ut jam ante in Ecclesia vocari coeperant appellari So that Ferial dayes are properly all the dayes of the Week except Saturday and Sunday Ferling Ferlingus Sax. feorthling The fourth part of a Penny Quadrans Quando Quarterium frumenti venditur pro 12 denar tunc panis wastelli de Ferling is ponderabit 5 lib. 16 Sol. Assis panis Cervis Anno 51 Hen. 3. Cam. tit Huntingdon says there were in this Borough four Ferlings that is quarters of Wards Ferlingata terrae The fourth part of a Yardland Decem acrae faciunt Ferlingatam 4 Ferlingatae faciunt Virgatam 4 Virgatae faciunt Hidam 5 Hidae faciunt Feodum militare Esc 12 Ed. 2. n. 18. Ebor. In Ancient Records ferlingus terrae is also used See Mon. Angl. 2 Part. fol. 8. a. and elsewhere Ferdlingus terrae Ferm or Farm Lat. Firma Sax. feorme Fr. Ferme Signifies a Mouse and Land taken by Lease in writing or parol This in the North-parts is called a Tack in Lancashire a Ferm-holt in Essex a Wike I find locare ad firmam sometimes to signifie with others as much as to let or set to Farm with us the reason may be in respect of the sure hold they have above Tenants at Will Vide Vocab utriusque Juris verâ—o Afflictus How many ways Ferm is taken see Plowden Casu
Bailiff and Burgesses of Leominster But we do now usually call those Burgesses who serve in Parliament for any such Borow or Corporation Filius verò Burgensis aetatem habere tunc intelligitur cùm discretè sciverit Denarios numerare pannos ulnare alia paterna negotia similiter exercere Glanvile lib 7. cap. 9. In Germany and other Countreys they confound Burgess and Citizen but we distinguish them as appears by the Stat. 5 Rich 2. cap. 4. where the Classes of this Commonwealth are thus enumerated Count Baron Baneret Chivaléer de Countée Citezein de Citée Burgess de Burgh See the Statute of Merton cap 7. And Coke on Littl. fol. 80. Burglary from the Fr. bourg i. pagus villa and larecin i. furtum or laron fur Coke lib. 4. fol. 39. Is a felonious entring into another Mans Dwellâ—ng-house wherein some person usually inhabits or into a Church in the night time with intent to commit some Felony therein as to kiâ—l some Man steal somewhat thence or to do some other fe onious act though he execute it not Burglary in the natural signification of the word is nothing but the robbing a House by night or breaking in with an intent to rob or do some other Felony The like offence by day we call House-robbing or House-breaking by a particular name How many ways Burglary may be committed see Cromp. Just of Peace fol. 28 29 30. and 3 Part. Inst fol. 363. It shall not have benefit of Clergy Anno 18 Eliz cap. 7. Burghware q. burgi vir A Citizen or Burgess Willielmus Rex salutat Willielmum Epis opum Goffredum Portgresium omnem Burghware infra London Charta Willielmi â—â—n Londoniensibus confecta Burlimen See Sucking Bursa A Purse Reddendo inde ad Bursam Abbatis vi d. ad festum Sancti Michaelis c. Ex lib. Caâ—tarum Priorat Leominstr Busca or Buscus Under-wood or Brush-wood Busones Comitatus Justiciarii vocatis ad se quaâ—â—or vel sex vel pluribus de Majoribus Comitatus qui dicuntur Busones Comitatus ad quorum nutum dependent vota aliorum c. Bracton lib. 3. tract 2. cap. 1. num 1. Quare But Butticum Every But of Malmesey to contain at the least 126 Gallons Anno 1 Rich. 3. cap. 13. Butlerage of Wines Signifies that Imposition upon Sale-Wine brought into the Land which the Kings Butler by vertue of his Office may take of every Ship that is Two shillings of every Tun of Wine imported by Strangers Anno 1 Hen. 8. cap. 5. See more in Botiler of the King and Prisage The Stat. 12 Car. 2. cap. 24. for taking away of Purveyance Does not extend to prejudice the ancient duties of Butlerage and Prisage of Wines but they are to continue as before the making this Act. See Calthrops Reports of Special Cases pag. 23. and 4 Inst fol. 30. Buzcarles or Buscarles Buscarli Buthsecarli Sunt qui portus nauticos custodiunt Mariners or Scamen Quando Rex ibat in expeditionem vel terra vel mari habebat de hoc Manerio aut xx sol ad pascendos suos Buzecarl aut unum hominem ducebat secum pro honore quinque Hidarum Domesd tit Wiltsc Wilton And Seldens Mare clausum fol. 184. where it is written Butsecarli Buzones Judiciorum Placita de temp Johannis Regis Gloc. 139. See Busones Comitatus Bydalle Anno 26 Hen. 8. cap. 6. See Bid-ale Byrlaw or Laws of Burlaw Leges Rusticorum from the Germ. Baur i. Rusticus Lauch Lex Laws made by Husbandmen concerning Neighborhood to be kept among themselves Skene pag. 33. See Bylaws C. THe Letter C among the Ancients denoted Condemnation See Ignoramus Cablish Cablicia among the Writers of the Forest Laws signifies Brush-wood or Browse-wood Cromp. Jurisd fol. 163. But Sir Henry Spelman thinks it more properly signifies Wind-faln-wood because 't was written of old Cadibulum from cadere or if derived from the Fr. Chablis it also signifies Wind-faln-wood Cabo bona speransa See Cape bona esperanza Cade of Herrings Is 500. Of Sprats 1000. Book of Ratâ—s tol 45. Yet I find anciently 600. made the Cade of Herring 120 to the hundred Calandring of Worsted-stuffs mentioned 5 Hen. 8. cap. 4. and 25 ejusdem cap. 5. signifies to smooth trim and give them a gloss it is a Trade both in London and Norwich Calangium Challenge claim or dispute Sciant quod ego Godefridus de Doddensull cum assensu Amiliae uxoris meae dedi Deo Beatae Mariae Dominis meis Priori Conventui Wigorn. in pura perpetua clâ—emosina unam acram terrae sine aliqua reclamatione seu calangiv c. sine dat penes Thomam Chyld Arm. Boscum qui suit in calengio inter ipsum Walterum Mon. Angl. 2. par fol. 252. b. Calcetum Calceata a Causey or Causway See Causey Calends Calendae properly the first day of every Month being spoken by it self or the very day of the New Moon which commonly fall out together If Pridie be placed before it then it signifies the last day of the foregoing Month as Pridie Calend. Maii is the last day of April If any number be placed with it it signifies that day in the former Month which comes so much before the Month named as the Tenth Calends of October is the Twentieth day of September because if one begin at October and reckon backwards that Twentieth day of September is the Tenth day before October In March May July and October the Calends begin at the Sixteenth day in other Moneths at the Fourteenth which Calends must ever bear the name of the Moneth following and be numbred backward from the First day of the said following Moneths See more in Hoptons Concordance pag. 69. And see Ides Dictum de Kenelworth is dated the day before the Calends of November Anno 1256. In the Dates of Deeds the day of the Moneth by Nones Ides or Calends is sufficient 2 Inst fol. 675. Campfight See Champion and 3 Instit fol. 221. Candlemass-day Sax. Candelmaesse The Feast of the Purification of the Blessed Virgin Mary 2 Febr. instituted in memory and honor both of the Presentation of our Blessed Lord and the Purification of the Blessed Virgin in the Temple of Jerusalem the Fortieth day after her happy Child-birth performed according to the Law of Moses Levit. 12. 6. It is called Candlemass or a Mass of Candles because before Mass was said that day the Church blessed that is deputed or set a part for sacred use Candles for the whole year and made a Procession with hallowed Candles in the hands of the faithful in memory of the Divine Light wherewith Christ illaminated the whole Church at his Presentation when old Simeon stiled him A light to the Revelation of the Gentiles and the Glory of his people Israel S. Luk. 2. 32. This Feastival-day is no day in Court and is the Grand day of Candlemass Term in the Inns of Court Cantel among the Statutes
tenenda in Scarcario Is a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Plea between common persons in that Court where neither of them belong thereto Reg. of Writs fol. 187. b. Comorth Comortha From the British Cymmorth Subsidium A Contribution Subsidium à pluribus collatum Anno 4 Hen. 4. cap. 27. And 26 Hen. 8. cap. 6. Prohibits the Levying any such in Wales or the Marches c. It seems this Commorth was gathered at Marriages and when young Priests said or sung their first Masses and sometimes for redemption of Murders or Felonies Companion of the Garter Is one of the Knights of that most Noble Order Anno 24. Hen. 8. cap. 13. See Garter Compositio Mensurarum Is the Title of an ancient Ordinance for Measures not Printed and is mentioned in the Statute of 23 Hen. 8. cap 4. Compromise Compromissum Is a mutual promise of two or more parties at difference to refer the ending of their Controversies to the Arbitrement and Equity of one or more Arbitrators West defines a Compromise or Submission to be the faculty or power of pronouncing Sentence between Persons at Controversie given to Arbitrators by the Parties mutual private consent without publick Authority Par. 2. Symbol Tit. Compromise Sect. 1. Computation Computatio Is the true account and construction of time to the end that neither party do wrong to the other nor that the determination of time be so left at large as to be taken otherways then according to the just Judgment of the Law As if Indentures of Demise are engrossed bearing date 11 May 1669. To have and to hold the Land in S. for three years from henceforth and the Indentures are delivered the Fourth day of June following In this Case from henceforth shall be accounted from the day of the Delivery and not from the date and if the Indenture be delivered at four of the Clock in the Afternoon of the said Fourth day of June the Lease shall end the Third day of June in the Third year For the Law in this Computation rejects all fractions or divisions of the day for the incertainty which always is the Mother of Contention So where the Statute of Enrolments made 27 Hen. 8. cap. 16. is That Writings shall be enrolled within six Moneths after the date thereof if such Writings have date the Six Moneths shall be accounted from the date and not from the Delivery but if they want date then it shall be accounted from the Delivery Coke lib. 5. fol. 1. If any Deed be shewed to a Court at Westminster it shall remain in Court by Judgment of the Law all the Term in which it is shewed for all the Term in Law is but as one day Coke lib. 5. fol. 74. If a Church be void and the Patron does not present within Six Moneths then the Bishop of the Diocess may collate his Chaplain but these Six Moneths shall not be Computed according to Twenty eight days in the Moneth but according to the Kalendar See Kalendar-moneth Computo Lat. Is a Writ so called of the Effect which compels a Bailiff Chamberlain or Receiver to yield his account Old Nat. Br. fol. 58. It is founded on the Statute of Westm 2. cap. 2. And it lies also for Executors of Executors 15 Edw. 3. Stat. de provis victual cap. 5. Thirdly Against the Guardian in Soccage for Waste made in the Minority of the Heir Marlbr cap. 17. And see further in what other Cases it lies Reg. of Writs fol. 135. Fitz. Nat. Br. fol. 116. Conabel Fr. Convenable i. Convenient or fitting We ordain that there be made a Hache of Conabyl heythe crestyd with Pikes of Herne to sore the entry of your Kechyne that no strange peopille may enter with certain Clekets advised be you and be your Steward to such persons as you and them think honest and Conable Artic. Decani Capit. S. Pauli Priorat S. Helenae Dat. 21 Junii 1439. Concealers Concelatores Are such as finde out concealed Lands that is such Lands as are privily kept from the King by common persons having nothing to shew for their Title or Estate therein Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. They are so called a Concelando as Mons à Movendo per Antiphrasin See 3 Part. Inst fol. 188. Where the Author calls them Turbidum hominum genus Concessi a word much used in Conveyances In Law it creates a Covenant as Dedi does a Warranty Coke on Littl. fol. 384. Concord Concordia Agreement Is by a peculiar signification defined to be the very Agreement between Parties who intend the levying a Fine of Lands one to the other how and in what manner the Land shall pass But in the form of it many things are to be considered West pa. 2. Symb. tit Fines and Concords Sect. 30. whom read at large Concord is also an Agreement made upon any Trespass committed betwixt two or more and is divided into a Concord Executory and a Concord Executed See Plowden in Reniger and Fogassa's Case fol. 5 6 8. where it appears by some opinion That the one bindes not as being imperfect the other absolute and ties the party Yet by some other opinion in the same Case it is affirmed That Agreements Executory are perfect and binde no less then Agreements executed Concubinage Fr. Signifies properly the keeping a Whore for ones own filthy use but it is used as an exception against her who sues for Dower alleaging thereby that she was not Wife lawfully married to the party in whose Lands she seeks to be endowed but his Concubine Britton cap. 107. Bracton lib. 4. tract 6. cap. 8. Conders from the Fr. Conduire i. to conduct Are such as stand upon high places near the Sea-coast at the time of Herring-Fishing to make signs with Boughs c. to the Fishers which way the shole of Herrings passeth which may better appear to such as stand upon some high Cliff on the shore by a kinde of blew colour they cause in the Water then to those that are in the Ships These are otherwise called Huers of the Fr. Huyer i. Exclamare and Balkers Directors and Guiders as appears by the Statute 1 Jac. cap. 23. Condition Conditio Is a Manner Law Quality or Restriction annexed to Mens Acts qualifying or suspending the same and making them uncertain whether they shall take effect or no. West pa. 1. Symb. lib. 2. sect 156. In a Lease there may be two sorts of Conditions Condition collateral or Condition annexed to the Rent Coke lib. 3. Penants Case fol. 64. Collateral Condition is that which is annexed to any Collateral Act as that the Lessee shall not go to Paris Ibidem fol. 65. Condition is also divided into Condition in Deed or Fact and Condition in Law which otherwise may be termed Condition expressed and Condition implied Perkins tit Conditions Condition in Deed Is that which is knit and annexed by express words to the Feoffment Lease
full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd downward in a right-line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Discent springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process The effect of Discontinuance of Possession is this That a Man may not enter upon his own Land or Tenement alienated whatsoever his right be to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict fol. 131. useth it in these words If a Justice Seat be Discontinued by the not coming of the Justices the King may renew the same by His Writ c. In this signification Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
in Jamaica Granadillo The tree is low and small seldom bigger then a mans leg Jampnum Furze or Gorse and Gorstyground 1 Part Croke fo 179. A word much used in Fines and seemes to be taken from the Fr. Jaulne i. Yellow because the blossomes of Furze or Gorse are so Yet Sir Edw. Coke on Litt. pa. 5. sayes Jampna signifies a waterish place quaere Jarr Span. Jarro i. An Earthen Pot with us it is taken for an Earthen pot or Vessel of Oyl containing twenty Gallons Jarrock Anno 1 Rich. 3. ca. 8. Is a kind of Cork so called with which this Statute prohibits Dyers to Dye Cloth Identitate nominis Is a Writ that lies for him who is taken upon a Capias or Exigent and committed to prison for another man of the same name whereof see the form and further use in Fitz. Nat. Br. fo 267. and Reg. of Writs fol. 194. Idemptitate nominis maintainable by Executors c. Anno 9 Hen. 6. ca. 4. Ides Idus Eight dayes in every Moneth so called In March May July and October these eight dayes begin at the eighth day of the Moneth and continue to the fifteenth in other Moneths they begin at the sixth day and continue to the thirteenth Note that the last day onely is called Ides and the first of these dayes the eighth Ides the second the seventh Ides that is the eighth or seventh day before the Ides and so of the rest Therefore when we speak of the Ides of such a Moneth in general it is to be understood of the 15th or 13th day of that Moneth See Calends Ideot Is a Greek word properly signifying a private man who has no publick Office Among the Latins it is taken for illiteratus imperitus and in our Law for non compos mentis vulgarly a natural fool The words of the Statute 17 Ed. 2. ca. 9. are Rex habebit custodiam terrarum fatuorum naturalium Whereby it appears he must be a natural fool that is a Fool a Nativitate For if he were once wise and became a Fool by chance or misfortune the King shall not have the custody of him Stam. Praerog ca. 9. Fitz. Nat. Br. fol. 232. If one have so much understanding as to measure a yard of Cloth number 20 pence or rightly name the dayes in the week or beget a Child he shall not be accounted an Ideot or Natural Fool by the Laws of the Realm See Cokes 4 Rep. Beverlys Case Idiota inquirenda vel examinanda Is a Writ directed to the Escheator or Sheriff of any County where the King hath notice of an Idiot naturally born so weak of understanding that he cannot manage his inheritance to call before him the party suspected of Idiocy and examine him and to enquire by the oaths of Twelve Men whether he be sufficiently witted to dispose of his own Lands with discretion or not and to certifie accordingly into Chancery For the King hath by his Prerogative the Protection of his Subjects and the Government of their Lands and Substance who are naturally defective in their discretion Stat. 17 Edw. 2. cap. 9. Reg. of Writs fol. 267. Jeman Sometimes used for Yeoman Sciant quod ego Johannes Smith de Bromyard in Com. Heref. Jeman dedi Ricardo Wiggemore Arm. omnia terr Tenementa c. Dat. 10 Jan. Anno 9 Hen. 6. Jeofaile Is a corruption from the Fr. I'ay faille i. Ego lapsus sum and signifies an oversight in Pleading or other Law proceedings And by the Stat. 32 Hen. 8. cap. 30. it is enacted That if the Jury have once passed upon the Issue though afterwards there be found a Jeofail in the Pleading yet judgment shall be given according to the Verdict See Broke tit Repleader A Jeofail is when the parties to a Sute have proceeded to Issue and this Pleading or Issue is so badly pleaded or joyned or the proceedings so defective that it will be Error if they proceed Then some of the said parties might by their Council shew it to the Court which occasioned many delays in Sutes for redress whereof the foresaid Statute with others in Queen Elizabeth and King James Raigns were made and yet the fault not much amended Jetsen Jetzon and Jotson from the Fr. jetter i. ejicere Is any thing cast out of a Ship being in danger of Wreck and driven to the shore by the Waves See Flotson Jews Judaei See Judaism Anciently we had a Court of the Justices assigned for the Government of the Jews See 4 Instit fol. 254. Rex Vic. Wigorn. salutem Praecipimus tibi quod clamari observari facias per totam Balivam tuam quod omnes Judaei deferant in supeperiori indumento suo ubicunque ambulaverint vel equitaverint infra villam vel extra quasi duas tabulas albas in pectore factas de lineo panno vel de pergameno ita quod per hujusmodi signum manifestè possint Judaei a Christianis discerni T. Comite apud Oxon. 30 Martii Claus 2 Hen. 3. p. 1. m. 10. in Dorso Ignitegium See Curfeu Ignoramus i We are ignorant Is properly written on the Bill of Indictments by the Grand Enquest empanelled in the Inquisition of Causes Criminal and Publick when they mislike their Evidence as defective or too weak to make good the Presentment The effect of which word so written is that all farther enquiry upon that party for that fault is thereby stopped and he delivered without farther Answer It hath a resemblance with that custom of the ancient Romans where the Judges when they absolved a person accused wrote A. upon a little Table provided for that purpose i. Absolvimus If they judged him guilty they wrote C. i. Condemnamus If they found the Causes difficult and doubtful they wrote N. L. i. Non Liquet Ikenild-stréet Stratum Icenorum Is one of the four famous ways which the Romans made in England taking name Ab Icenis who were the Inhabitants of Norfolk Suffolk and Cambridgshires Cam. Brit. fol. 343. See Watling-street and LL. Edovardi Confess cap. 12. Illeviable That ought not or may not be levied As nihil is a word set upon a debt Illeviable Imbargo Span A stop or stay commonly upon Ships by publick Authority Anno 18 Car. 2. cap. 5. Imbezle or Imbesil To steal pilfer or purloyn Mentioned Anno 14 Car. 2. cap. 31. Imbracery See Embracery Imparlance interlocutio or interloquela Is a Motion or Petition made in Court by the the Tenant or Defendant upon the count of the Demandant or Declaration of the Plaintiff whereby he craves respight or a further day to put in his Answer See Broke tit Continuance Imparlance is general or special Special is with this clause Salvis omnibus advantagiis tam ad jurisdictionem Curiae quam Breve Narrationem Kitchin fol. 200. General is that which is made at large without inserting that or the like cause See Emparlance Imparsonée As Parson imparsonee persona impersonata is he that is inducted and in
it is that the party that did that Act was mad or not well in his wits when he did it or when he made his last Will and Testament See New Book of Entries tit Non sane memorie See Non compos mentis Nones Nonae In March May July and October are the six days next following the first day or the Calends In other Moneths they are the four days next after the first but the last of these days is properly called Nones and the other reckoned backward according to the number distant from the Nones as the third fourth or fifth Nones They are called Nones because they begin the ninth day before the Ides Dates of Deeds by Nones Ides or Calends is sufficient 2 Inst fol. 675. Non-term Non terminus Is the time of Vacation between Term and Term. It was anciently called The times or days of the Kings Peace Lamb. Archa fol. 126. And what these were in the time of King Edward the Confessor see there See Peace of God and the Church This time was called Justicâ—um or Feriae among the Romans or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotiis jure dicendo vacabat Brisson de verb. signif lib. 6. Nook of Land Noka terrae Universis pateat quod ego Johanna quae fui uxor Walteri le Blount tradidi Henrico Adams unum Mes unam nokam terrae cum pertin in villa de Momele c. Dat. apud Sodyngton 5 Edw. 3. Norroy Quasi North-Roy The Northern King The third of the Three Kings at Arms whose Office lies on the Northside of Trent as Clarentius on the South and is mentioned in the Stat. 14 Car. 2. cap. 33. See Herald Notary Notarius Anno 27 Edw. 3. cap. 1. Is a Scribe or Scrivener that takes Notes or makes a short draught of Contracts Obligations or other Instruments Claus 13 Edw. 2. m. 6. Schedula consuta eidem memb de Notariis Imperialibus non admittendis Note of a Fine Nota Finis Is a Brief of a Fine made by the Chirographer before it be engrossed The form whereof see in West par 2. Symbol tit Fines sect 117. Not guilty See Non est culpabilis Novale Ex Cartulario Abbathiae de Furnesse in Com. Lanc. in Officio Ducat Lanc. fol. 41. b. Item nota quod Novale est ager nunc primum praecisus ut extra verborum significationibus innovatae ubi Glossa dicitur Novale terra de Novo ad culturam redacta cujus non extat memoria quod fuisset ibidem Et quod Novale semel fuit semper erit Novale quoad decimarum retentionem vel solutionem Land newly ploughed or converted into Tillage Excepta decima Novalium cujusdam terrae quam de novo excoluerunt Pat. 6 Edw. 3. pa. 1. m. 19. Novel Assignment Nova Assignatio Is in an Action of Trespass an Assignment of Time Place or such like in a Declaration more particularly then it was in the Writ Broke tit Deputy num 12. And Trespass 122. See Assignment Noyles Anno 21 Jac. cap. 18 No person shall put any Flocks Noyles Thrums Hair or other deceivable thing into any broad Woollen Cloth c. Nude Contract Nudum Pactum Is a bare Contract or Promise of a thing without any consideration given therefore Ex quo non oritur Actio Nude Matter See Matter Nummata terrae Is the same with Denariata terrae by some taken to be an Aâ—re Sciatis me Wil. Longespe dedisse concessisse Ecclesiae Sanctae Mariae de Walsingham Canonicis ibidem deo servientibus in perpetuam Eleâ—mosinam 40 Nummatas terrae in Walsingham c. See Fardingdele Nuncupative Will See Will. Nunn Nonna Signifies a holy or consecrated Virgin or a Woman that hath by vow bound her self to a single or chaste life in some place or company of other Women separad from the World and devoted to a special Service of God by Prayer Fasting and such like holy Exercises Cowel Nuper obiit Is a Writ that lies for a Coheir being deforced by her Coparcener of Lands or Tenements whereof their Grandfather Father Uncle or Brother or any other their common Ancestor died seised of an estate in Fee-simple See the form of the Writ in Reg. of Writs fol. 226. and Fitz. Nat. Br. fol. 197. If the Ancestor died seised in Fee-tail then the Coheir deforced shall have a Formdon Ibidem Nusance from the Fr. nuire i. nocere Signifies not onely a thing done to the annoyance of another in his free Lands or Tenements but the Assize or Writ lying for the same Fitz. Nat. Br. fol. 183. And this Writ De Nocumento or of Nusance is either simply De Nocumento or De parvo Nocumento and then it is Vicountiel Old Nat. Br. fol. 108. Britton cap. 61. 62. calls it Nosance Manwood pa. 2. cap. 17. makes three sorts of Nusance in the Forest the first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale of which read there See Cokes fifth Report Williams Case Writs of Nusances see the Stat. 6 Rich. 2. cap. 3. Now much turned into Trespasses and Actions upon the Case O. O. Ni. The course of the Exchequer is That as soon as a Sheriff enters into his account for Issues Amerciaments and Mean Profits to mark upon his Head O. Ni. which signifies Oneratur nisi habeat sufficientem exonerationem and presently he becomes the Kings debtor and a Debet set upon his Head whereupon the parties peravaile are become debtors to the Sheriff and discharged against the King 4 Inst fol. 116. Oale-gavel See Gavelsester Oategavel See Gavel Oath Juramentum Is a calling Almighty God to witness that the Testimony is true therefore it is aptly termed Sacramentum a Holy Band a Sacred Tye or Godly Vow And it is called a Corporal Oath because the party when he swears toucheth with his right hand the Holy Evangelists or Book of the New Testament Coke 3 Part. Inst cap. 74. See the several Oaths of many of the Officers of this Kingdom in the Book of Oaths lately Printed In a Deed of William de Elmham Knight in French Dat. 19 April 49 Edw. 3. is this old fashioned Oath Promettant per la foye de mon Corps de Chivalerie que si Dieu moy voille mesnez en savete c. ieo delivera les avantditz sommez c. M S. Penes Will. Dugdale Ar. Obedientia Was a Rent as appears by Hotedens Annals parte poster fo 430. Ut ergo eis scil Regularibus adimatur opportunitas evagandi prohibemus ne reditus quos obedientias vocant ad firmam tencant In the Canon Law it is used for an Office or the administration of it Whereupon the word Obedientiales in the Provincial Constitutions is used for those who have the execution of any Office under their Superiors ca. 1. de statu Regular It may be some of these Offices called Obedientiae consisted in the
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
be in every liberty that has view of Frankpledge for the correction and cooling of Scoldes and unquiet Women Kitchin fo 13. See Cucking-stool Item si aliquis qui in libertatem nostram per assensum consensum Comburgensium nostrorum admissus fuerit fecerit aliquod delictum per quod ad penam publicam seu vile Judicium ut ad Collistrigium vel Tumbrellum vel aliquod aliud hujusmodi adjudicatus fuerit pro perjuro reputabitur ipso facto amittet libertatem suam MS. Codex de LL. Statutis Corfuetud Burgi villae Mountgom fo 11. Tun Is a measure of Oyl or Wine containing twelve score and twelve Gallons or four Hogsheads Anno 1 Rich. 3. ca. 12. 2 Hen. 6. ca. 11. and 12 Car. 2. ca. 4. a Tun of Timber is 40 solid feet a Load 50. Tun-greve Sax. Tungeraefa i. Villae praepositus A Reeve or Bailiff qui in villis quae dicimus Maneriis Domini personam sustinet ejusque vice omnia disponat moderatur Spelman Tunnage al. Tonnage tunnagium tonnagium Is a Custom or Impost due for Merchandise brought or carried in Tuns and such like vessels from or to other Nations after a certain rate for every Tun An. 12 Edw. 4. ca. 3. 6 Hen. 8. ca. 14. 1 Ed. 6. ca. 13. 1 Jac. ca. 33. 12 Car. 2. ca. 4. It is sometimes used for a duty due to the Mariners for unloading their Ship arrived in any Havens after the rate of so much a Tun. Tunnage and Poundage began in the 45th of Edward the third Cottoni posthuma fo 172. See 4 Inst fo 32. Turbary turbaria from turba a turf Is a right or interest to dig turves on another mans ground Kitchin fo 94. And Common of Turbary is a liberty which some Tenants have by prescription to dig turves on the Lords Waste Turbaria is sometimes also taken for the ground where turves are digged Turn turnum Is the Sheriffs Court kept twice every year viz. within a Moneth after Easter and Michaclmas Mag. Charta ca. 35. 3 Edw. 3. ca. 15. From this Court are exempt onely Arch-bishops Bishops Abbots Priors Earls Barons all Religious men and women and all such as have Hundreds of their own to be kept Anno 25 Hen. 3. ca. 10. Britton ca. 29. calls it Tour i. ambitus circuitus It is a Court of Record in all things that pertain to it it is the Kings Leet through all the County and the Sheriff is Judge and this Court is incident to his Office See Cromp. Jur. fo 230. and 4 Inst fo 260. Turney or Tournement Fr. Tourney i. Decursorium Signifies a Martial exercise of Knights or Gentlemen fighting on horseback one with another in disport and is thus defined Torneamenta dicuntur nundinae vel feriae in quibus milites ex condicto convenire ad ostentationem virium suarum audaciae temere congredi solent This word is used in the Statute 24 Hen. 8. ca. 13. but the thing it self is now disused Turno vicecomitum Is a Writ that lies for those that are called to the Sheriffs Turn out of their own Hundred Reg. of Writs fo 174. Twaite Signifies a wood grubbed up and turned to Arable Coke on Litt. fo 4. b. Twa nights geste Hospes duarum noctium If he did harm to any his Host was not answerable for it but himself Hoveden parte poster fo 345. b. See Third-nights-awn-hine Twelve men duodecim homines legales otherwise called the Jury or Enquest is a number of twelve persons or upwards to twenty four by whose Oath as to matters of Fact all Trials pass both in Civil and Criminal Causes through all Courts of the Common Law in this Realm In Civil Causes when proof is made of the matter in question the point of the Fact on which they are to give their verdict is deliver'd likewise to them which we call the Issue then they are put in mind of their Oath to do right and are by the Judges summing up the evidence sent out of the Court by themselves to consider upon the Evidence on both sides untill they are agreed which done they return to the Court and deliver their verdict by the Mouth of their Foreman according to which if the matter be not arrested or staid by the discretion of the Judge or the Court the Judgment passeth In Causes Criminal there are two sorts of Enquests one called the Grand Enquest the other the Enquest of life and death The first is so called either because it consists of sixteen at the least or else because all causes Criminal or Penal first pass through them whereas the other Enquest is especially appointed for one or few matters touching life and death Those of the Grand Enquest are called by Bracton 12 Milites because they were wont to be Knights if so many could be had And their Function is to receive all Presentments of any Offence and accordingly to give their general opinion of them by writing either these words billa vera upon the Bill of Presentment which is an Inditement of the Party presented or else Ignoramus which is a doubting of the Fact presented Of this read more in Inditement Assise Jury See the Statute 35 Hen. 8. ca. 6. 37 ejusdem ca. 22. 2 Ed. 6. ca. 32. 5 Eliz. ca. 25. Tymber of skins Is 40 skins Book of Rates fo 18. Tympeny Abbas Monachi Rading Sint quieti de tributis lastagiis stallagiis de Thething-peny Tympeny de summonitionibus de Assisis super assisis c. In Memorand Scacc. de Anno 20 Ed. 3. in t Record de Trin. Rot. 3. I find it elsewhere written Tinpeny Mon. Angl. 1 Par. fo 419. a. Quaere U. VAcation Vacatio Is all the time respectively betwixt the end of every Term and beginning of the next when such times began and ended in our Ancestors dayes See Hovedens Annals Par post fo 343. a. where you shall find that this intermission was called Pax dei Ecclesiae Also the time from the death of a Bishop or other Spiritual person till the Bishoprick or other Dignity be supplyed with another is called Vacation Westm 1. ca. 21. 14 Edw. 3. ca. 4. 5. See Plenarty Uaccarie alias Uaccharie Vaccaria al. Vaccharia and Vacheria Is a House or place to keep Cowes in Fleta lib. 2. ca. 41. Domus sive locus quo vaccae aluntur vel quo negotium quod ad eos attinet perficitur Spelm. A Dairy-house Without warrant no Subject may have a Vaccary within the Forrest Crom. Jur. fo 194. But in the Stat. 37 Hen. 8. ca. 16. Vacchary seems to be a special name of a certain compass of ground within the Forest of Ashdown Uaga See Waga Uagabond Vagabundus One that wanders about and has no certain dwelling an idle Fellow Rogues Vagabonds and sturdy Beggars mentioned in divers Statutes De Vagabundis aliis hominibus mendicantibus qui se