action The rest of the yeare is called vacation Of these terms there be foure in euery yeare during the which maters of Iustice for the most part are dispatched and this Sir Tho. Smith lib. 3. de Rep. Ang cap. 2. reckoneth as miraculous that in lesse time then the third part of the yeare three Tribunals all in one city should certifie the wrongs of so large and populous a nation as England is Of these terms one is called Hilary terme which beginneth the 23. of Iannuary or if that be Sunday the next day following and eudeth the 21. of February Another is called Easter terme which beginneth 18. daies after Easter and endeth the munday next after Ascension day The third is Trinity terme beginning the Friday next after Trinity SuÌ„day and ending the Wedensday fortnight after The fourth is Mich aelmas terme beginning the 9 of October or if that be Sunday the next day after and ending the 28. of Nouember Termor Tenens extermino is he that â—houldeth for terme of yeares or life Kitchin fol. 151. Litleton fol. 100. Terra extendenda is a writ directed to the Escheatour c. willing him to inquire and find the true yearely value of any land c. by the oath of twelue men and to certifie the extent into the Chauncerie c. Regist orig fol. 293. b. Terris bonis catallis rehabendis post purgationem is a writ that lyeth for a Clerke to recouer his lands goods or chatels formerly seised on after he hath cleared himselfe of that felonie vpon suspition whereof he was formerly conuicted and deliuered to his Ordinarie to be purged Regist orig fol. 68. b. Terris liberandis is a writ that lyeth for a man conuicted by attaint to bring the Record and processe before the King and to take a fiue for his imprisonment and to deliuer him his lands and tenements againe and to release him of the Strip and Waste Regist orig fol. 232. a. It is also a writ for deliuery of lands to the heire after homage and reliefe performed eodem fol. 293. b. or vpon securitie taken that he shall performe them eodem fol. 313. b. Terris catallis ventis vltra debitum levatum is a writ Iudiciall for the restoring of lands or goods to a deptour that is distrained aboue the quantitie of the dept Register Iudiciall fol. 38. b. Terretenent terratenens is he which hath the naturall and actuall possession of the land which we otherwise call the occupation anno 39. Eliz cap. 7. For example a Lord of a maner hath a freeholder who letteth out his freeland to another to be occupied this occupier is called the Terretenent West parte 2. symb titulo Fines sect 137. Cromptons Iurisd fol. 194. Britton cap. 29. Perkins feofments 231. And Petrus Bellugain speculo Principum Rub. 46. versiculo Restat videre num 9. vseth this word Terratenentes in the same signification See Land tenents Yet I haue heard some learned in the lawe say that the Tertenent is the teuent in free or copyhold according to the custome of the maner and opposite to tenent for terme of yeres Quaere Ters is a certaine measure of liquide things as wine oyle c. conteining the sixth part of a Tunne anno 32. H. 8. cap. 14. or the third part of a pipe Testament testamentum See Will. Testatum is a writ that seemeth especially to lye against great personages of the realm whose bodies may not be medled with in actions of dept And therefore if the Shyreeue return nihil habet in balliva mea in a case of execution another writ shall be sent out into any other Countie where such personage is thought to haue whence to satisfie which is termed a Testatum because the Shyreeue hath formerly testified that he found nothing in his Bayliweeke to serue the turne See Kitchin in his Returnes of writs fol. 287. b. Teste is a word commonly vsed for the last part of any writ so called because the very conclusion of euery writ wherein the date is contained beginneth with these words teste â—eipso c. If it be an originall writ or if iudiciall teste Thom. Flemming or Edovar do Cooke according to the Court whence it commeth Where I may note by the way that in Glanvile lib. pri cap. 6. 13. lib. 2. cap. 4. I find the forme of an originall writ in the last clause to be teste Ranulpho de Glanvilla apud Clarindon c. And diuers times in the Register orig Teste custode Anglu as namely in the title Prohibition fol. 42. a. and Consultation fol. 54. b. Thanus is a made Latin word of the Saxon thegn which commeth of thenian i. alicui ministrare It signifieth sometime a Noble man somtime a free man sometime a Magistrate somtime an Officer or minister Lamb. in in his Explication of Saxon words verbo Thanus See the place See vavasour M. Skene de verbor signif saith it is the name of a dignitie and appeares to be equall with the sonne of an Earle And Thanus was a free holder holding his lands of the King And a man not taken with the fang that is with the maner as we say accused of theft no sufficient proofe being brought against him must purge himselfe by the oath of 27. men or of three Thanes Thanagtum Regis signifieth a certaine part of the Kings lands or propertie whereof the rule and gouernement appertaineth to him who therefore is called Thanus For Domania Regis and Thanagia idem significant It is a Dutch word For teiner signifieth a seruant and teiner to serue And thane is likewise a seruant and vnder-thane an inferiour thane or subiect Thus farre M. Skene Thack tile anno 17. Ed. 4. cap. 4. otherwise called plaine tyle is that tile which is made to be layed vpon the side and not vpon the rudge of a tyled house anno 17. Ed. 4. cap. 4. Theam See Team Theft furtum is an vnlawfull felonious taking away of another mans moueable and personall goods against the owners will with an intent to steale them West parte 2. symbol titulo Inditements sect 58. where also he saith that theft is from the person or in presence of the owner or in his absence Theft from the person or in presence of the owner is of two sorts the one putting the owner in feare the other not Idem eodem sect 59. The former is properly called Robberie ibid. sect 60. The new expounder of lawe termes verbo Larconie diuideth theft into theft so simply called and petit or litle theft Whereof the one is of goods aboue the value of twelue pence and is felonie the other vnder that value and is no felonie But see Felonie Theftbote is made of theft and boote i. compensatio and signifieth properly the receiuing of goods from a theefe to the end to fauour and maintaine him The punishment whereof is raunsome and imprisonment and not losse of life and member Stawnf pl. cor lib. prim
vectigal pendatur tam diuneque ipsis qui conduxerunt neque iis qui in locum eorum successerunt auferri eum liceat l. 1. Π. siager vectigalis c. Feede Feida alias Faida signifieth in the German toung Guerram i. capitales inimicitias vel bellum Hotoman disputat de feudis ca. 2. B. Foemina dicitur faidam non facere gloss in § vlt. De lege Conradi lib. 2. de feudis by reason that women by the law are not subiect to warfare to battell or proclamatiō made for that cause Skene de verbo signif verbo Assidatio M. Lamberd in his explication of Saxon words writeth it Feeth and saith likewise that it signifieth capitales inimicitias and also that Feud vsed now in Scotland and the north parts of England is the same and that is a combination of kindred to reuenge the death of any of their blood against the killer and all his race Felonie Felonia seemeth to come of the french Felonnie ā impetuositas atrocitas immisericordia Felonia saith Hotomande verbis feudalibus non praescisè contumaciam vasalli in dominum huiusue in vasallum perfidiam significat verum quoduis capitale facinus And againe Felonia Gothis Longobardis dicitur quod Germanis hodie Schelmarey latinis Scelus S. Ed. Cooke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fo 124. b. Hostiensis in sua summa titulo De feudis and others speak of this to this effect Felonia aliàs Fallonia est culpa vel iniuria propter quam vasallus amittit feudum Sedhec respicit dominum feudi Est alia fallonia quae non respicit dominum sc quando vasallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commisit quod parricidii appellatione continetur plures aliae falloniae tam respicientes dominum quà m alios propter quas feudum amittitur ibi not antur We account any offence felonie that is in degree next vnto petit treason and compriseth diuers particulars vnder it as murder theft killing of a mans selfe Sodometrie rape wilfull burning of houses and diuers such like which are to be gathered especially out of statutes whereby many offences are dayly made felonie that before were not Felonie is discerned from lightter offences by this that the punishment thereof is death How be it this is not perpetuall For petit larcenie which is the stealing of any thing vnder the valew of twelue pence is felony as appeareth by Broke titulo Coron num 2. his reason is because the indictment against such a one must runne with these words felonicè cepit and yet is this not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is vnder petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeued by cleargie another that may not And these you must also learne to know by the statutes for Cleargie is allowed where it is not expressely taken away Of these maters reade Stawnfords first booke of his pl. cor from the end of the second Chapter to the 39. and the statutes whereby many offences be made felonie since he writ that learned booke See also Lamberds Iustice of peace lib. 2. cap. 7. in a Table drawne for the purpose As also lib. 4. cap. 4. pag. 404. and Crompton in his iustice of peace fol. 32. c. Felonie is also punished by losse of lands not entayled and goods or chatels as well real as personall and yet the statutes make difference in some cases touching lands as appeareth by the statute anno 37 H. 8. cap. 6. Felonie ordinarily worketh corruption of bloud though not where a statute ordaineth an offence to be felonie and yet withall saith that it shall not worke corruption of bloud As anno 39. Eliz. cap. 17. How many wayes felonie is comitted see Cromptons Iustice of peace pag. 32. c. Feyre See Fayre Felo de se is he that committeth felonie by murthering himselfe See Cromptons Iustice of peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is vnlawful to hunt in the Forest because in that moneth the female Deere do faune and this moneth beginneth 15. dayes before Midsomer and endeth 15. dayes after So that to this moneth there be 31. daies See Manwood parte prim of his Forest lawes pag. 86. but more at large parte secunda cap. 13 per totum It is also called the defence moneth that is the forbidden moneth and the word defence is vsed in like sort West 2. cap. 47. anno 13. Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Natiuitie c. Fennycricke or rather Fenegreeke Foenum Graecum is a medicinall plant or herbe so called because it groweth like hey and commeth out of Greece Of this you may reade more in Gerrards herball lib. 2. cap. 483. The seede therof is reckoned among drugs that are to be garbled an 1. Iacob cap. 19. Feofment feoffamentum by the opinion of Sir Thomas Smith de Repub. Anglor lib. 3. cap. 8. and M. West part prim symbol lib. 2. sect 280. is descended from the Gottish word feudum which you haue interpreted in fee and signifieth donationem feudi But as M. West also addeth it signifieth in our common lawe any gift or graunt of any honors castels maners mesuages lands or other corporall and immoueable things of like nature vnto another in see simple that is to him and his heires for euer by the deliuerie of seisin and possession of the thing giuen whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in euery feofment the giuer is called the Feaffour feoffator and he that receiueth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference betweene a feoffour and a donour is that the feoffour giueth in fee-simple the donour in fee-taile lib. 1. cap. 6. Feodarie aliâs Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the master of the Court of wards and liueries by leters patents vnder the seale of that office His function is to be present with the Escheater at the finding of any office and to giue euidence for the king as well cōcerning the valew as the tenure and also to suruey the land of the ward after the office found and to rate it He is also to assigne the kings widowes their dowers and to receiue all the rents of the wards lands with in his circuit and to answer them to the Receiuer of the court of wardes and liueries This officer is mentioned anno 32. H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat
to appeare there except their apparence be especially required vpon some extraordinary cause anno 25. H. 3. cap. 10. and Britton cap. 29. It seemeth to be called the Shyreeues Turn of the French word Tour. i. ambitus circuitus vicissitudo and is of Britton called Tour cap. 61. sub fine capitis as if we would say The Shyreeue his course for as Britton noteth in the said 29. chapter that which before the Shyreeue is called the Shyreeues Turne is called in the court of Fraunchises and Hundreds the view of Frank-pledge wherein inquirie is especially made of such as be not in any dozin with whome Fleta agreeth And by Fleta it appeareth that this Turn was the Shyreeues course to keepe his courtin euery Hundred lib. 2. cap. 52. in princip So that as the inferiour courts had their times to take knowledge of those and other causes belonging to their cognisance So the Shyreeue had his course or turne to doe the like at these two seuerall seasons That if there were any defects in them it might be redressed in these and Gods peace and the Kings so much the more carefully obserued This as Lamberd saith was of old called also the Shyreeues moote lib. 4. cap. 4. In this court as Britton saith vbisupra the Shyreeue causeth tobe found out 12. of the most sage loyall and sufficient men of all the Hundred for he kept his turne twice every yeare in each Hundred Magna charta cap. 35. Britton vbi supra whome he charged vpon their oathes to present the truth touching the articles ministred vnto them and set downe by Britton in the same chapter This done he put all other to their oathes according to their dozins and villages truly to present vnto the former twelue all things concerning such articles as by them they should be asked of But fithence the Hundred courts are all called to the county by the statute anno 14. Ed. 3. cap. 3. Statut. pri these Turnes be likewise kept in one cheife place of euery shire and not seuerally in euery Hundred as before they were Of this you may reade more in Britton or in Cromptons Iurisdiction fol. 230. and in the Mirrour of Iustices lib. pri cap. de Turnes Turney Torneamentum commeth of the French Tournoy i. Decursorium It signifieth a martiall exercise of Knights or Souldiers fighting one with another in disport and is thus defined ca◠felicit Extra de Torneamentis Torneamenta dicuntur Nundinae vel feriae in quibus milites ex condicto convenire ad oftentationem virium suarum audaciae temerè congredi solent This word is vsed in the statute anno 24. Henric. octau capit 13. and as I haue heard it signifieth with vs in England those combats that are made with arming swords on horsebacke And I thinke the reason of the name to proceede from the French Tourner i. vertere because it consisteth much in agilitie both of horse and man Turno vececomitum is a writ that lyeth for those that are called to the Shyreeues turne out of their owne Hundred Register orig fol. 174. Tuain nithes gest hospes duarum noctium Roger Houeden parte poster suorum annalium fol. 345. b. who if he did harme to any his hoste was not aunswerable for it but himselfe See Thrid nithes hawan man Twelue men Duodecim homines legales is a number of twelue persons or vp wards to the number of 24. by whose discretion all tryals passe both in ciuill and criminall causes through all courts of the common law in this Realme First for ciuile causes when proofe is made of the mater in question as the parties and their councell thinke good on both sides the point of the fact that they are to giue their verdict of is deliuered likewise vnto them which we call the issue and then are they put in minde of their oath formerly taken to doe right betweene party and party and so sent out of the court seuerally by themselues to consider vpon the evidence of both sides vntill they be agreed which done they returne to the court againe and deliuer their verdict by the mouth of the foreman And according to this verdict Iudgement afterward passeth either condemnatorie for the plantife or absolutory for the Defendant These 12. be called 12. milites Glanuilo lib. 2. cap. 14. 15. and so be they in Bracton diuers times but that word is altered In causes criminall there be two sorts of Enquests one called the graund Enquest and the other the Enquest of life and death The graund Enquest is so called either because it consisteth commonly of a greater number then 12. as of 24. 18. or 16. at the least or els because all causes criminall or penall first passe through them whereas the other Enquest is especially appointed for one or few maters touching life and death committed to their considerations Those of the grand Enquest are also called by Bracton 12. milites lib. 3. tracta 2. cap. pri nu 2. because they were wont to be Knights as it see meth and not inferiours except so many knights could not be found Idem eodem num 1. in fine And their function is to receiue all presentments made vnto them of any offence and accordingly to giue their generall opinion of the presentment by writing either these words Balla vera vpon the bille of presentment which is an Inditement of the party presented or els this word Ignoramus which is an absoluing of him Now as criminall causes be of two sortes either capitall touching life and member or finable so is there a double course of these Inditements For in causes onely finable the party indited must either trauers the Inditement by denying it and so it is referred to a petit Iury whereby he is either conuicted or discharged of the crime or els he confessing it the court setteth his fine vpon his head wirhout more worke But in maters of life and death the party indited is commaunded to hold vp his hād āswer guilty or not guilty if guilty he standeth conuicted by his owne confession if not guilty he is farder referred to the Enquest of life and death which consider vpon the proofe brought against the prisoner and accordingly bring in their verdict Guilty or not Guilty So is he iudged to dye or deliuered by the court Of this read more in Iuditement Assise Iury See the statute anno 35. H. 8. cap. 6. 37. ciusdem cap 22. anno 2. Ed. 6 cap. 32. an 5. El. ca. 25. V VAcation vacatio hath an especiall signification in this kingdome being vsed for all that time respectiuely which passeth betweene terme and terme at London And when such times begunne and ended in our anncesters daies see Roger Hovedens annals parte posteriori fo 343. a. where you shall find that this intermission was called pax Dei ecclesiae Vaccarie aliâs vacharie vaccaria aliâs vacheria semeth to be a house to keepe kine in Fleta
eodem capite with whom agreeth another in these words But discontinuance of possession is indeed an impediment to a man for entring into his owne land or tenements caused by the fact of one that alienated them contrary to right and gaue Liuery and seisin of them whereby the true owner is left only to his action See the new tearmes of law and the Institutes of the Common Law ca 43. see S. Ed. Cokes reportes l. 3. the case of Fines fo 85. b. The effect of discontinuance of plee is that the instance is fallen and may not be taken vp again but by a new writ to begin the suite a fresh For to be discontinued and to be put without day is all one and nothing els but finally to be dismissed the court of that instance West parte 2. Simbol titulo Fines sect 115. So Crompton in his diuers Iurisdictions fol 131. vseth it in these words If a Iustice seate be discontinued by the not comming of the Iustices the king may renew the same by his writ c. In this signification Fitzh in his nat br vseth the word diuers times as discontinuance of a corody f. 193. A. To discontinew the right of his wife fol. 191. L. 193. L. Discontinuance of an assise fol. 182. D. 187. B. Disgrading Degradatio is the punishment of a Clerk that being deliuered to his Ordinary cannot purge himselfe of the offience whereof he was conuicted by the Iury and is nothing but the depriuation of him from those orders of Clerkship that he had as Preistehood Deaconship c. Stawnf pl cor fol. 130. 138. There is likewise disgrading of a knight Stowes Annals pag. 865. And it is not to be omitted that by the Canon law there be two sorts of disgrading one summary by word onely and another solemne by deuesting the party degraded of those ornaments and rites which be the ensignes of his order or degree Dismes Decimae is made of the french Decimes and signifieth tithe or the tenth part of all the fruites either of the earth or beastes or our labour dew vnto God and so consequently to him that is of the Lords lot and hath his share viz. our pastour It signifieth also the tenthes of all spirituall liuings yearly giuen to the Prince called a perpetuall Disme anno 2. 3. Ed. 6. ca. 35 which in auncient times were paid to the Pope vntill Pope Vrbane gaue them to Richard the second to aide him against Charls the french king and those other that vpheld Clement the seuenth against him Polidor Virgil. Angl. hist lib. 20. Lastly it signifieth a tribute leuied of the Temporalty Holinshed in Henry 2. fol. 111. Disparidgment Disparagatio is by our common lawyers vsed especially for matching an heire in mariage vnder his or her degree or against decencie See my Institutes titulo de nuptiis § 6. Disseisin Disseisina commeth of the french Disseisir and signifieth in the common lawe an vnlawfull dispossessing of a man of his land tenemēt or other immoueable or incorporeall right Iustitut of the the com lawe ca. 15. And how farre this extendeth See Bracton libro quarto cap. tertio And therefore the Assises bee called writs of disseisin that lie against disseisours in any case whereof some bee termed little writs of disseisin being vicontiel that is siewable before the Shyreeue in the countie court old nat br fol. 109. because they are determined by the Shyreeue without assise Register Original fo 198. b. as for Nuissances of no great preiudice Disseisin is of two sorts either simple disseisin committed by day without force and armes Bracton li. 4. ca. 4. Britton ca. 42. 43. 44. where you shall finde in what especially it is lawfull in what not Britton ca. 53. And Disseisin by force for the which see Defersour See fresh Disseisin See Redisseisin and Postdisseisin See Skene de verbo significat verbo Dissaisina Disseisin how many waies it is committed See Fleta li. 4. ca. 1. § Fit autem c. when it is lawfull ca. 2. Distresse Districtio Districtus cōmeth of the French Distresse augustiae It signifieth most commonly in the common law a compulsion in certaine reall actions whereby to bring a man to appearance in courte or to pay debt or dutie denied The effect whereof most commonly is to driue the party distreined to replevie the distresse and so to take his action of trespasse against the distreiner or els to compound neighbourly with him for the debt or dutie for the which he distreineth In what cases a distresse is lawfull see the newe termes of lawe The Civilians call it pignorum captionem Brissonius de verbo significa lib. 14. This compulsion is by Britton ca. 71. diuided into a distresse personall and distresse reall distresse personall is made by surprising a mans moueable goods and deteining them for the securitie of his appearance to the suite and to make him plantiffe A distresse reall is made vpon immoveable goods as the Grand Cape Petit Cape And thus it is interpreted by Hotoman de verb. feudal verbo Districtus This differeth from an attachement in this point among others that a distresse cannot bee taken by any common person without the compasse of his owne fee. Fitzh nat br fol. 904 except it bee presently after the catell or other thing is driuen or borne out of the ground by him that perceiueth it to bee in danger to be distreined New termes of the lawe verbo distresse Districtus is sometime vsed for the circuit or territorie within the which a man may be thus compelled to apperance Ca. ne Romani de electione in Clem and Cassan de consuetud Burgand pa. 90. Britton ca. 120. and so likewise is Districtio in the Register originall fol. 6. b. And so it seemeth to bee vsed in pupilla oculi parte 5. c. 22. Charta de foresta See also Mynsing in the chapter licet causam 9. extra de probationibus nu 5. Zasius in his 16. councell nu 47. Distresse in the former signification is diuided first into finite and infinite Finite is that which is limited by lawe how often it shall be made to bring the partie to triall of the action as once twice Old nat br fo 43. Distresse infinite is without limitation vntill the partie come as against a Iurie that refuseth to appeare super certificatione Assisae the processe is a venire facias habeas corpora and distresse infifinite Old nat br fol. 113. Then it is diuided into a graund distresse anno 52. H. 3. ca. 7. which Fitzherbert calleth in latine magnam districtionem nat br fol. 126. A. and an ordinarie distresse A graund distresse is that which is made of all the goods and catels that the partie hath within the Countie Britton ca. 26. fol. 52. but see whether it be sometime not all one with a distresse infinite Idem fol. 80. with whom also the Statute of Marlbridge seemeth to agree anno 52.
hath in time wrought other vses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off intayles and with more certaintie to passe the interest or the title of any land or tenement though not controuerted to whome we thinke good either for yeares or in fee. In so much that the passing of a fine in most cases now is it but mera fictio iuris alluding to the vse for the which it was invented and supposing a doubt or controuersie where in truth none is and so not onely to worke a present prescription against the parties to the concord or fine and their heires but within fiue yeares against all others not expresly excepted if it be leuied vpon good consideration and without Couin as women couert persons vnder 21. yeares or prisoners or such as be out of the realme at the time when it was acknowledged Touching this mater see the statutes anno 1. Rich. 3. cap. 7 anno 4. H. 7. cap. 24. anno 32. H. 8. cap. 36. anno 31. Elizab. ca. 2. This fine hath in it fiue essentiall parts the originall writ taken out against the conizour the kings licence giuing the parties libertie to accord for the which he hath a fine called the Kings siluer being accompted a part of the Crownes reuenew Thirdly the concord it selfe which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this maner Sc. Inter R. querentem S. E. vxorem eius deforciantes c. Fifthly the foot of the fine which beginneth thus Hac est finalis concordia facta in Curia domini Regis apud Westm à die Paschae in quindecim dies anno c. So as the foote of the fine includeth all containing the day yeare and place and before what Iustice the concord was made Coke vo 6. casu Teye fol. 38. 39. This fine is either single or double A single fine is that by which nothing is graunted or rendred backe againe by the Cognizeese to the Cognizours or any of them A double fine containeth a graunt and render backe againe either of some rent common or other thing out of the land or of the land it selfe to all or some of the Cognizours for some estate limiting thereby many times Remainders to straungers which be not named in the writ of couenant West vbi supra sect 21. Againe a fine is of the effect deuided into a fine executed and a fine executory A fine executed is such a fine as of his owne force giueth a present possession at the least in law vnto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is vpon acknowledgement that the thing mentioned in the concord be ius ipsius cognizati vt illa quae idem habet de dono Cognitoris West sect 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the cognizour Cokes reports li. 3. the case of fines fo 89. b. which is in very deed the surest fine of all Fines executorie be such as of their owne force doe not execute the possession in the Cognizeese as fines sur cognizance de droit tantùm fines sur done graunt release confirmation or render For if such fines be not leuied or such render made vnto them that be in possession at the time of the fines leuied the cognizees must needs siew writs of Habere facias seisinam according to their seuerall cases for the obtaining of their possessions except at the leuying of such executory fines the parties vnto whom the estate is by them limited be in possession of the lands passed thereby for in this case such fines doe inure by way of extinguishment of right not altering the estate or possession of the Cognizee but perchaunce bettring it West vbi supra sect 20. Touching the forme of these fines it is to be considered vpon what writ or action the concord is to be made and that is most commonly vpon a writ of couenant and then first there must passe a paire of indentures betweene the Cognizour and Cognizee whereby the Cognizour couenanteth with the cognizee to passe a fine vnto him of such or such things by a day set down And these indentures as they are first in this proceeding so are they saide to lead the fine vpon this couenant the writ of couenant is brought by the Cognizee against the cognizour who therevpon yeeldeth to passe the fine before the Iudge and so the acknowledgement being recorded the cognizout and his heires are presently concluded and all straungers not excepted after fiue yeares once passed If the writ wherevpon the fine is grounded be not a writ of couenaunt but of warrantia chartae or a writ of right or a writ of mesn or a writ of custome and seruices for of all these fines may also be founded West vbi supra sect 23. then this forme is obserued the writ is serued vpon the party that is to acknowledge the fine and then he appearing doth accordingly See Dier fo 179. nu 46. This word fine sometime signifieth a summe of money paide for an Income to lands or tenements let by lease sometime an amends pecuniarie punishment or recompence vpon an offence committed against the king and his lawes or a Lord of a maner In which case a man is said facere finem de transgressione cum Rege c. Regist Iud. fol. 25. a. and of the diuersity of these fines with other mater worth the learning see Cromptons Iustice of peace fol. 141. b. 143. 144. and Lamberds Eirenarcha libro 4. ca 16. pa. 555. But in all these diuersities of vses it hath but one signification and that is a finall conclusion or ende of differences betweene parties And in this last sence wherein it is vsed for the ending and remission of an offence Bracton hath it li. 2. ca. 15. nu 8. speaking of a common fine that the Countie payeth to the king for false iudgemēts or other trespasses which is to be assessed by the Iustices in Eyre before their departure by the oath of knights and other good men vpon such as ought to pay it with whome agreeth the statute anno 3. Ed. pri ca. 18. There is also a common fine in leetes See Kitchin fo 13. a. v. common fine See Fleta l. 1. ca. 48. Fines pro licentia concordandi anno 21. H. 8. c. 1. See Fine Fine force seemeth to come of the french adiectiue fin and the substantiue force i. vis The adiectiue fin signifieth sometime as much as
from the first day of the said weeke vntill Trinitie Sunday See Aduent Roode of land Roda terrae is a certaine quantitie of land being the fourth part of an acre ann 5. Eliz. ca. 5. See Perch Roll aliâs Roule Rotulum commeth of the French Rouler i. volvere pervolvere rotare whence also is the French Role ou Roule i. volumen catalogus Codex It signifieth with vs a shedule of paper or parchment turned or wound vp with the hand to the fashion of a pipe So is it vsed in Stawnf plees of the Crowne fol. 11. The chequer rolle of the kings house out of the statute anno 3. H. 7. cap. 13. which signifieth nothing but the catalogue wherein the names of the Kings houshould seruants are set downe And anno 5. Rich. 2. cap. 14. stat pri there is mention made of the great Rolle of the Exchequer which seemeth otherwise to be called the pipe The Roules is also a place destinated by Ed. 3. to the the keeping of the Rols or Records of the Chauncery situat betweene the two Temples in London Camd Britan pag. 321. the Master whereof is the second man in Chauncery and in the absence of the Lord Chaunceler or Keeper sitteth as Iudge being commonly called the Master of the Rols See Master of the Rols Romescot is compounded of Rome and Scot as you would say the tribute due to Rome it is called by Mathaeus Westmonasteriensis Consuetudo Apostolica à qua neque Rex neque Archiepiscopus vel Episcopus Abbas vel Prior aut quilibet in regno immunis erat and was first graunted by Offa a Saxon King Camd. Britan. pag. 306. See Peter pence and Roger Houeden parte poster suorum annalium fol. 344. a. in Henrico secundo Roundlet is a certaine measure of wine oyle c. containing 18. gallons and a halfe anno 1. R. 3. cap. 13. Route Routa is a French word signifying a companie or flocke as vne grande route de gents on de cerfs i. grex hominum longa ceruorum series It signifieth in our common lawe an assembly of three persōs or more going on about forcibly to cōmit an vnlawfull act but yet doe it not Westm. parte 2. sym titulo Indictments sect 65. o. M. Lamberd thus saith of it A Route is the same which the Germans yet call Rot meaning a band or great companie of men gathered together and going about to execute or executing indeed any ryot or vnlawfull act and saith more it is said properly of the multitude that assembleth themselues in such disorderly sort for their common quarels As if the inhabitants of a towneship doe assemble to pull downe a hedge or pale to haue their common where they ought to haue none or to beate a man that hath done them some publike offence or displeasure But the statute of 18. Ed. 3. stat prim cap. vnico which giueth processe of outlawrie against such as bring routes into the presence of the Iustices or in affray of the people and the Statute of 2. Rich. 2. cap. 6. that speaketh of riding in great routes to make entrie into lands and to beate others and to take their wiues c. doe seeme to vnderstand it more largely And it is a route whether they put their purpose in execution or no if so be that they do goe ride or moue forward after their meeting Broke titulo Riot 4. 5. So as it seemeth a route should be a speciall kind of vnlawfull assembly and a riot the disorderly fact committed generally by any vnlawfull assembly Howsoeuer it be two things are common both to Riot Route and vnlawfull assembly the one that three persons at the least bee gathered together for so it is commonly taken at this day as I haue learned the other that they being together do breed disturbance of the peace either by signification of speech shew of armour turbulent gesture or actuall and expresse violence so that either the peaceable sort of men be vnquieted and feared by the fact or the lighter sort and busie bodies emboldened by the example Thus farre M. Lamberd in his Eirenarcha lib. 2. cap. 5. c. Where you may reade more worth the noting though too long to be copied out See Riot and Vnlawfull assembly Kitchin giueth the same definition of a Route fol. 20. Rowing of clothes anno 27. H. 8. cap. 13. Royall assent regius assensus is that approbation which the King giueth to a thing formerly done by others as to the electiō of a Bishop by Deane and Chapter Which giuen then he sendeth an especiall writ to some person for the taking of his fealtie The forme of which writ you may see in Fitz. nat br fol. 170. C. And also to a bill passed by both the Houses of Parlament Cromptons Iuris fol. 8. which assent being once giuen the bill is indorsed with these wordes Le Roy veult i. it pleaseth the King If he refuse to agree vnto it then thus Le roy aduisera 1. the King will yet thinke of it See Parlament Royalties regalia vel regalitates be the rights of the King Iura Regis Hotoman in verbis feudal verbo Regum Feudistae And so are they vnderstoode of vs likewise who otherwise call them the Kings prerogatiue See Prerogatiue And some of these be such as the King may graunt vnto common persous some so high as may not be separated from his owne Crowne priuatiuè as the Ciuilians terme it though cumulatiuè he may See Bracton lib. 2. cap. 5. These be in some sort expressed in the first of Samuell cap. 8. but these generalities bee specified more at large by those Lawyers that write of this point Among whom I especially commend Mathaeum de Afflictis vpon the title of the Feuds Quae sint regalia being the 33. title of the third booke as some diuide them but according to others the 56. of the second booke where be named in the text 25. specialties of Royalties See also Hotomans Commentaries in lib. 2. Feudor cap. 56. Rouge crosse See Herald Rudge washed Kersey i. made of fleece wooll washed onely on the sheepes backe anno 35. Eliz. cap. 10. S SAbles See Furre Sac sacha vel Sacca is a Royalty or priuiledge touching plee and correction of trespasses of men within a maner Rastal titulo expos of words where he addeth this reason because saith he Sac in english is Encheson in French as to say for sick sack pour quel encheson i. for what hurt That which our common lawyers call encheson the true French man termeth Achoise i. occasionem as Achoise fort grande occasio ampla or els may encheson come of Encheoir i. incidere which we in english call an accident or incident But all this is farre enough from sac and from the interpretation thereof as it is a liberty or priuiledge Bracton hath the word as Stawnford not eth out of him pl. cor li. pri cap 23. but neither of them both doe particularly interpret it
columna 1. whereupon because the foreyner neede not be tryed in that Court the record and cause is remooued to the common plees c. See of this Fitz. nat br fol. 6. E. Vser de action is the persiewing or bringing of an action which in what place and countie it ought to be See Brooke titulo Lieu Countie fol. 64. Vse vsus is in the originall signification plaine enough but it hath a proper application in our common lawe and that is the profit or benefit of lands or tenements And out of M. Wests first parte of his simbol lib. pri sect 48. 49. 50. 51. and 52. I gather shortly thus much for this purpose Euery deede in writing hath to be considered the substance and the adiuncts Touching the substance a deede doth consist of two principall parts namely the premisses and the consequents The premisses is the former parte thereof and is commonly saide to be all that which preceedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which foloweth the premisses that is the Habendum In which are two limitations the one of the estate or propertie that the party passiue shall receiue by the deede the other of the vse which is to expresse in the said Habendum to or for what vse and benefite he shall haue the same estate And of the limitation of those vses you may read many presidents set downe by the same author in his second booke of his saide first part sectio 308. and so forth to 327. These vses were inuented vpon the statute called West 3. or Quia emptores terrarum before the which statute no vses were knowne Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the vse in another there was a statute made anno 27. H. 8. ca. 1. wherby it was inacted that the vse and possesssion of lands and possessions should alway stand vnited New expositour of lawe termes verbo Vse v. Coke lib. 1. Chudleise case fol. 121. seqq Vsher Ostiarius commeth of the French Huissier i. Accensus apparitor Ianitor It signifieth with vs first an officer in the Eschequer of which sort there be foure ordinarie vshers that attend the cheife officers and Barons of the court at Westminster and Iuries Shyreeues and all other accoumptants at the pleasure of the court Therbe also Vshers in the Kings house as of the priuy chāber c. Vtas Octavae is the eight day following any terme or feast as the vtas of Sainct Michaell the vtas of Sainct Hilary the vtas of Sainct Martine of Sainct Iohn Baptist of the Trinitie c. as you may reade anno 51. H. 3. stat concerning generall daies in the Benche And any day betweene the feast and the eighth day is saide to be within the vtas The vse of this is in the returne of writs as appeareth by the same statute Vtfangthef is an auncient Royaltie graunted to a Lord of a maner by the King which giueth him the punishment of a theefe dwelling out of his liberty and hauing committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third booke tract 2 ca. 35. seemeth rather to interpret the word then to expresse the effect and saith thus Vtfangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra insius qui tales habet libertates It seemeth to be compounded of these three words Vt fang thef which in our moderne English be oute take or taken Theefe Of this Fleta hath these words vtfangenthef dicitur latro extraneus veniens a liunde de terra aliena qui captus fuerie in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suam captum reducere vsque in libertatem ibi eum iudicare reducere tamen poterit indicatum iudicium in proprio patibulo exequiratione libertatis commodum tamen non video Debet enim quilibet iuri subiacere vbi deliquit proprios tamen latrones alienos iudicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta li. 1. cap. 47. See Vtlawrie Vtlagato capiendo quando vtlagatur in vno comitatu postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set downe for the name thereof See the Register originall fo 133. Vtlawrie vtlagaria aliâs vtlagatio is a punishment for such as being called into lawe and lawfully sought doe comtēptuously refuse to appeare And as Bracton saith li. 3. tract 2. ca. 11. He that is siewed must be sought and called at 5. counties a moneth being betweene euery countie to answer to the lawe And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi ex tunc vtlagabitur that is as the author of the termes of lawe saith he shal be pronounced by the coroner to be out of the Kings protection and depriued of the benefit of the lawe The effect of this is diuers as the same Author saith for if he be outlawed in an action personall he meaneth at the suite of another in a ciuile cause he shall forfeit all his goods and cattells to the King if vpon felonie then he shall forfeit all his lands and tenements that he hath in fee simple or for terme of his life and his goods and cattles Bracton vbi supra nu 5. saith that such as be out-lawed vpon felonie ex tunc gerunt caput lupinum ita quod sine iudiciali inquisitiene ritè pereant secum suum iudicium portent meritò sine lege pereunt qui secundum legem viuere recusarunt Et haec ita si cum capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum mors erit in manu Domini Regis See Horns mirrour of Iustices lib. 3. cap. des fautes punishables Bracton saith in the place aboue specified with whome also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be outlawed But take his owne words Minor verò qui infra aetatem 12. annorum fuerit vtlagarinon potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlaugh Anglicè sc in frāco plegio sive decenna sicut masculus 12. annorum vlteriùs Et ideo non potest vtlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit siue ceperit Est enim waiuium quod nullus aduocat nec