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-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
Easterling Merchants in London called the Stilyard Anno 22 Hen. 8. cap. 8. Gild-merchant Gilda Mercatoria Was a certain Priviledge or Liberty granted to Merchants whereby they were enabled among other things to hold certain Pleas of Land within their own Precincts Giltwite See Gyltwite Gisarms rectius Guisarmes An. 13 Edw. 1. Stat. 3. cap. 6. A kinde of Hand-Ax according to Skene Fleta writes it Sisarms lib. 1. cap. 14. Est armorum genus longo manubrio porrecto cuspide Spel. Gleab-land Gleba Church-land Dos vel à terra ad Ecclesiam pertinens Charta Elredi Regis Magnae Britanniae Monast de Croiland apud Ingulphum Inprimis totam Insulam Croilandiae pro Gleba Ecclesiae pro situ seperali ejusdem Monasterii Dono. Lindwood says Gleba est terra in qua consistit Dos Ecclesiae Mentioned in the Statute of 14 Car. 2. cap. 25. We most commonly take it for Land belonging to a Parish Church besides the Tythe Skene says The four Acres of Land quhilk is given to the Ministers of the Evangel in Scotland is called ane Gleeb the quhilk suld be frée fra payment of any teinds Go Is sometimes used in a special signification as to go without day and to go to God is as much as to be dismissed the Court. Broke tit Failer de Records num 1. And Kitchin fol. 193. Goaling of Uagabonds i. Sending them to the Goal Anno 35 Eliz. cap. 7. God-bote Sax. Mulcta ex delictis in Deum admissis obveniens A Fine or Amerciament for crimes and offences against God an Ecclesiastical or Church Fine Good-behavior See Good abearing Goldwith vel Goldwich In the Records of the Tower there is mention of Consuetudo Vocata Goldwith vel Goldwich but no Explication of it Ideo quare Good abearing Bonus gestus Is by a special signification an exact carriage or behavior of a Subject towards the King and his Leige People whereunto some Men upon their misbehavior or loose demeanure are sometimes bound For as Lambert in his Eiren. lib. 2. cap. 2. says He that is bound to this is more strictly bound then to the Peace because where the Peace is not broken without an afray battery or such like this surety De bono gestu may be forfeited by the number of a Mans company or by his or their Weapons or Arms whereof see more in that Learned Writer and in Crompt Just of Peace fol. 120. 127. Good Country Bona Patria Is an Assize or Jury of Countrey-men or good Neighbors Skene verbo Bona Patria Goole Fr Goulet Anno 16 17 Car. 2. cap. 11. A breach in a Bank or Sea-wal or a passage worn by the Flux and Reflux of the Sea Gorce from the Fr. Gort i. a Wear Locus in fluvio coarctatus piscium capiendorum gratia a Wear It is accorded That all such Gorces Mills Wears Stanks Stakes and Kiddles which be levied and set up in the time of King Edward the Kings Grand-father and after whereby the Kings Ships and Boats be disturbed that they cannot pass in such River as they were wont shall be out and utterly pulled down without being renewed Anno 25 Edw. 3. cap. 4. Sir Edward Coke on Littl. fol. 5. b. seems to derive it from Gurges a deep Pit of Water and calls it a Gors or Gulf. But quaere if not a mistake Gote Anno 23 Hen. 8. cap. 5. A Ditch Sluce or Gutter perhaps from the Sax. geotan Fundere Graduats Graduati Are such Schollars as have taken degrees in any University Anno 1 Hen. 6. cap. 3. Graffer Fr. Greffier i. Scriba Signifies a Notary or Scrivener and is used in the Stat. 5 Hen. 8. cap. 1. Graile Gradale seu Graduale A Gradual or Book containing some of the Offices of the Roman Church Gradale inquit Lindwodus sic dictum a gradalibus in tali libro contentis Provincial Angl. lib. 3. The word is mentioned in Plowden fol. 542. And 37 Hen. 6. fol. 32. It is sometimes taken for a Mass-Book or part of it instituted by Pope Celestine Anno 430. according to Cotgrave Grand Assize See Assize and Magna Assisa Grand Cape See Cape and Attachment Grand days Are one in every Term solemnly kept in the Inns of Court and Chancery viz. candlemas-Candlemas-day in Hillary Term ascension-Ascension-day in Easter Term S. John baptist-Baptist-day in Trinity Term and All-Saints in Michaelmas Term and these are Dies non juridici no days in Court Grand Distress Districtio Magna Is so called not for the quantity for it is very short but for the quality for the extent is very great for thereby the Sheriff is commanded Quod distringat tenentem ita quod ipse nec aliquis per ipsum ad ea manum apponat donec habuerit aliud praeceptum quod de exitibus eorundem nobis respondeat quod habeat corpus ejus c. This Writ lies in two Cases Either when the Tenant or Defendant is attached and so returned and appears not but makes default then a Grand Distress is to be awarded or when the Tenant or Defendant hath once appeared and after makes default then this Writ lies by the Common Law in lieu of a Petit Cape 2 Part. Inst fol. 254. Anno 52 Hen. 3. cap. 9. Westm 1. cap. 44. Grand Sergeanty See Chivalry and Sergeanty Grange Grangia Is a House or Farm not onely where are necessary places for all manner of Husbandry as Stables for Horses Stalls for Cattle c. But where are Barns and Granaries for Corn Haylofts c. And by the Grant of a Grange which is often in Conveyances such places will pass Provinc Angl. lib. 2. tit de Judiciis ca. Item omnis Grant Concessio Signifies a Gift in writing of such a thing as cannot aptly be passed or conveyed by word onely As Rent Reversions Services Advowsons in Gross Tythes c. or made by such persons as cannot give but by Deed as the King and all Bodies Politick which differences are often in speech neglected and then it is taken generally for every gift whatsoever made of any thing by any person and he that grants it is called the Grantor and he to whom it is made the Grantee West part 1. Symbol lib. 2. Sect. 334. And a thing is said to Lie in Grant which cannot be assigned without Deed. Coke lib. 3. Lincoln-Colledge Case Great Men Are most commonly understood to be the Temporal Lords of the Higher House of Parliament As Anno 43 Edw. 3. cap. 2. and 8 Rich. 2. in Proaem And sometimes of the Members of the House of Commons as Anno 2 Rich. 2. stat 2. Greathbreach or Greachbreach Is mistaken by Saxton in his Description of England cap. 11. And by Rastal for Grith-breche which Vide. Grée Fr. Gre i Will allowance or liking Signifies agreement contentment or good-liking As to make gree to the parties is to satisfie them for an offence done Anno 1 Rich. 2. cap. 15. And in 25 Edw. 3. cap. 19.
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-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
undergo viz. the Combat or the Country See Atturney Responsions Responsiones Seems to be a word used particularly by the Knights of St. John of Hierusalem for certain accounts made to them by such as held their Lands or Stocks Anno 32 Hen. 8. ca. 24. Restitution Restitutio Is a yielding up or Restoring any thing unlawfully taken from another It is also used for the setting him in possession of Lands or Tenements who had been unlawfully disseised of them which when to be done and when not see Cromp. Just of P. fo 144. usque 149. Restitutione extracti ab Ecclesia Is a writ to restore a Man to the Church which he had recover'd for his Sanctuary being suspected of Felony Reg. of Writs fo 69. a. Restitutione temporalium Is a Writ that lies where a man being elected and confirmed Bishop of any Diocess and has the Kings Royal assent thereto for the recovery of the Temporalties or Barony of the said Bishoprick Which is directed from the King to the Eschaator of the County the form whereof you have in Reg. of Writs fo 294. and in Fitz. Nat. Br. fo 269. Resummons Resummonitio Signifies a second Summons or calling a man to answer an Action where the first Summons is defeated or suspended by any occasion as the death of the party or such like See Brook tit Resummons fo 214. See of these four sorts according to four divers cases in the Table of Reg. of Writs judicial fo 1. and New Book of Entries verb. Reattachment Resummons Resumption Resumptio Is particularly used for the taking again into the Kings hands such Lands or Tenements as before upon false suggestion or other Error he had granted by Letters-Patent to any Man Brook tit Repellance Resumption fo 298. And so it is used Anno 31 Hen. 6. ca. 7. 19 Hen. 7. ca. 10 See Reseiser Retail Anno 3 4 Iid. 6. ca. 21. Qui rem integram ementes per minutiores eam partes distrahâ—bant Anglice to buy by great and sell by Retail i. by parcels Reteiner from Retineo Signifies a Servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but onely wearing his Livery and attending sometimes upon special occasions This Livery was wont to consist of Hats or Hoods Badges and other suites of one Garment by the year and were given by Lords and great Men many times on purpose for maintenance and quarrels and therefore have been justly prohibited by many Statutes as by 1 R. 2. ca. 7. upon pain of Imprisonment and grievous forfeiture to the King And again Anno 16 ejusdem ca. 4. 20 ejusdem ca. 1 2. and 1 Hen. 4. ca. 7. By which the Offenders herein should make Ransom at the Kings will and any Knight or Esquire hereby duely attainted should lose his said Livery and forfeit his Fee for ever c. which Statute is further confirmed and explained Anno 2 Hen. 4. ca. 21. and Anno 7 ejusdem ca. 3. Anno 8 Hen. 6. ca. 4. And yet this offence was so deeply rooted that Edward the Fourth was forc'd to confirm the former Statutes and further to extend the meaning of them as appears by 8 Edw. 4. ca. 2. adding a special pain of five pounds on every man that gives such Livery and as much on every one so reteined either by Writing Oath or Promise for every Moneth These by the Feudists are called Affidati And as our Reteiners are here forbidden so are those Affidats in other Countries But most of the above mentioned Statutes are repealed by 3 Car. 1. ca. 4. Retenementum from Retineo A withholding reteining or keeping back Sine ullo retenemento was a frequent expression in old Deeds Retraxit Is so called because it is the emphatical word in the Entry and is where the Plaintiff or Demandant comes in person alone or with the Defendant into Court and sayes He will proceed no further which is peremptory and a perpetual Barr and may be pleaded as such to the Plaintiff in the same Action for ever Qui semel Actionem renunciavit amplius repetere non potest Coke on Litt. lib. 2. ca. 11. S. 208. where you shall find the difference betwixt Nonsute and Retraxit Return Returna vel retorna From the Fr. retour i. Reditio reversio has two particular applications namely the return of Writs by Sheriffs and other Officers which is a Certificate made to the Court from whence the Writ issued of that which they have done touching the execution of the same Writs Of returns in this signification speaks the Statute of Westm 2. ca. 39. So is the Return of a Commission a Certificate or answer to the Court of that which is done by the Commissioners Sheriff Bailiff or others unto whom such Writs Commissions Praecepts or Mandats are directed Also certain days in every Term are called Returns or Dayes in Bank As Hillary Term has four Returns viz. Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis Easter Term five viz. Quindena Pasche Tres Pasche Mense Pasche Quinque Pasche and Crastino Assensionis Domini Trinity Term four viz. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaelmas Term six Returns viz. Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini See the Statutes of Dayes in Bank Anno 51 Hen. 3. 32 Hen. 8. ca. 21. and 17 Car. 1. ca. 6. The other Application of this word is in case of Replevin for if a man distrain Cattel for Rent c. and afterwards so justifie or avow his act that it is found lawful the Cattel before deliver'd to him that was distrained upon security given to follow the Action shall now be returned to him that distrained them Brook tit Return d'avers hommes fo 218. Returno habendo Is a Writ that lies for him who has avow'd a Distress made of Cattel and proved his Distress to be lawfully taken for the return of the Cattel distreined unto him which before were repl 〈…〉 by the party distreined upon surety given to pursue the Action or when the Plaint or Action is removed by Recordari or Accedas ad Curiam into the Court of Common Pleas and he whose Cattel were distrained makes default and doth not declare or prosecute his Action Returnum Averiorum Is a Writ Judicial and the same with Retorno Habendo granted to one impleaded for taking the Cattel of another and unjust detaining them Contra vadium Plegios and appearing upon Summons is dismissed without day by reason the Plaintiff makes default and doth not declare ut supra and it lies for the return of the Cattle to the Defendant whereby he was summoned or which were taken for security of his appearance upon the Summons Regist of Writs Judic fol. 4. a. Returnum Irreplegiabile Is a Writ Judicial sent out of the Common Pleas to the Sheriff for the final restitution or
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
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
servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagâ—a Coraagia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta c. Cord of Wood Ought to be eight foot long four foot broad and four foot high by Statute Cordage Fr. Is a general application for Stuff to make Ropes and for all kinde of Ropes belonging to the Rigging of a Ship Mentioned 15 Car. 2. cap. 13. Seamans Dictionary Cordiner vulgarly Cordwaner From the Fr. Codovannier a Shoo-maker and is so used in divers Statutes as 3 Hen. 8. cap. 10. 5 Ejusdem cap. 7. and others Cornage Cornagium from Cornu a Horn Was a kinde of Grand Serjeanty the service of which Tenure was to blow a Horn when any Invasion of the Scots was perceived And by this many Men held their Land Northward about the Picts-wall Camd. Britan. pag. 609. and Littleton fol. 35. But by Stat. 12 Car. 2. cap. 24. All Tenures are turned into free and common Soccage Sir Edward Coke on Littl. fol. 107. says Cornage is also called in old Books Horngeld but quaere for they seem to differ much See Horngeld and 2 Inst fol. 9. Corner-Tile See Gutter-Tile Corody or Corrody Corrodium from Corrodo Signifies a sum of Money or allowance of Meat Drink and Cloathing due to the King from an Abbey or other House of Religion whereof he is Founder towards the reasonable sustenance of such a one of his servants or vadelets as he thinks good to bestow it on The difference between a Corody and a Pension seems to be That a Corody is allowed towards the maintenance of any of the Kings servants in an Abbey a Pension is given to one of the Kings Chaplains for his better maintenance till he may be provided of a Benefice Of both these read Fitzh Nat. Br. fol. 250. who sets down all the Corodies and Pensions certain that any Abbey when they stood was bound to perform to the King Corody seems to be ancient in our Law for in Westm 2. cap. 25. it is ordained that an Assisc shall lie for a Corody It is also apparent by the Stat. 34 35 Hen. 8. cap. 26. That Corodies belonged sometimes to Bishops and Noblemen from Monasteries Tenure in Frankalmoin was a discharge of all Corodies in it self Stat. 1 Edw. 3. cap. 10. See 2 Part. Inst fol. 630. SCiant quod nos Radulphus Abbas Monasterii S. Johannis de Haghmon ejusdem loci Conventus ad instanciam speciale rogatum excellentissimi reverendissimi Domini nostri Thomae Comitis Arundeliae Surreiae Dedimus Roberto Lee unum Corrodium pro termino vitae suae essendo cum Abbate Monasterii praedicti Armigerum cum uno Garcione duobus equis capiendo ibidem esculenta poculenta sufficientia pro scipso sicut Armigeri Abbatis qui pro tempore fuerint capiunt percipiunt pro Garcione suo sicut Garciones Abbatis Armigerorum suorum capiunt percipiunt capiendo etiam pro equis suis foenum praebendam Et quod idem Robertus habeat vesturam Armigerorum c. Dat. 3 Hen. 5. Mon. Angl. 2 par fol. 933. a. Corodio Habendo Is a Writ whereby to exact a Corody of an Abbey or Religious House See Reg. of Writs fol. 264. Coronatore Eligendo Is a Writ which after the death or discharge of any Coroner is directed to the Sheriff out of the Chancery to call together the Freeholders of the County for the choice of a new Coroner to certifie into Chancery both the election and the name of the party elected and to give him his Oath See Westm 1. cap. 10. Fitzh Nat. Br. fol. 163. and Reg. of Writs fol. 177. Coroner Coronator a Corona Is an ancient Officer of this Land for mention is made of his Office in King Athelstans Charter to Beverley Anno 925. and is so called because he deals wholly for the King and Crown There are four of them commonly in every County in some fewer and in some Counties but one they are chosen by the Freeholders of the same by the Kings Writ and not made by Letters Patent Crompt Jurisd fol. 126. This Officer by the Statute of Westm 1. cap. 10. ought to be a sufficient person that is the most wise and discreet Knight that best would and might attend upon such an Office yea there is a Writ in the Register Nisi sit Miles fol. 177. b. whereby it appears it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings Rent of Freehold The Lord Cheif Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he abodes Lib. Assisarum fol. 49. Coke lib. 4. Case of Wardens c. of the Sadlers fol. 57. b. His Office especially concerns the Pleas of the Crown But what anciently belonged to him read at large in Bracton lib. 3. tract 2. cap. 5 6 7 8. Britton cap. 1. Fleta lib. 1. cap. 18. and Horns Mirror lib. 1. cap. del Office del Coroners But more aptly for the present times Stamf. Pl. Cor. lib. 1. cap. 51. There are also certain special Coroners within divers Liberties as well as these ordinary Officers in every County as the Coroner of the Verge which is a certain compass about the Kings Court whom Cromp. in his Jurisd fol. 102. calls the Coroner of the Kings House of whose Authority see Cokes Rep. lib. 4. fol. 46. By certain Charters belonging to some Colledges and Corporations they are licensed to appoint their Coroner within their own Precincts Of this Office see also 4 Inst fol. 271. Smith de Rep. Angl. lib. 2. cap. 21. And Lamb. Eiren. lib. 4. cap. 3. pag. 380. And of the Coroners Office in Scotland read Skene verbo Iter. Corporal Oath See Oath Corporation Corporatio A Body Politick or a Body Incorporate so called because the persons are made into a Body and of capacity to take and grant c. And this Body Politick or Incorporate may commence and be established three manner of ways viz. By Prescription by Letters Patent or by Act of Parliament Every Body Politick or Corporate is either Ecclesiastical or Lay Ecclesiastical either Regular as Abbots Priors c. or Secular as Bishops Deans Arch-Deacons Parsons Vicars c. Lay as Major Commonalty Bailiffs and Burgesses c. Also every Body Politick or Corporate is either Elective Presentative Collative or Donative And again it is either sole or aggregate of many which last is by the Civilians called Collegium or Universitas Coke on Littl. fol. 250. and 3 Inst fol. 202. Corpus Christi day being always on the next Thursday after Trinity Sunday Is a Feast instituted by the Church in honor of the Blessed Sacrament To which also a College in Oxford is dedicated It is mentioned in 32 Hen. 8. cap.
21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter
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
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
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
the said Statute is expressed Unques prist i. Always ready Is a Plea whereby a Man professeth himself always ready to do or perform that which the Demandant requires For example A Woman sues the Tenant for her Dower and he coming in at the first day offers to aver that he was always ready and still is to perform it In this case except the Demandant will aver the contrary he shall recover no damages When this Plea will serve to avoid charges and when not see Kitchin fol 243. See Uncore prist Uoidance Vacatio Is a want of an Incumbent upon a Benefice which is twofold either in Law as when a Man hath more Benefices incompatible or in Deed as when the Incumbent is dead or actually deprived Brook tit Quare impedit num 51. Uolumus Is the first word of a Clause in the Kings Writs of Protection and Letters Patent Anno 1 Rich. 2. cap. 8. And 13 Ejusdem cap. 16. Of Protections some are Cum clausula Volumus and of these there are four kindes viz. 1. Quia profeoturus 2. Quia moraturus 3. Quia indebitatus nobis existit 4. When any one sent into the Kings service beyond Sea in War is imprisoned Coke on Littl. sect 199. Uoucher Vocans Is a word of Art and is in the understanding of Law when the Tenant calls anoâ—â—er into the Court that is bound to him to War anty and that is either to defend the righâ— against the Demandant or to yield him other Lands c in value and extends to Lands or Tenements of Freehold or Inheritance and not to any Chattel Real Personal or mixt c. He that Voucheth is called the Voucher Vocans and he that is vouched is called Vouchee Warrantus The Process whereby the Vouchee is called is a Summone as ad Warrantizandum c. A Recovery with a single Voucher is when there is but one Voucher and with a double Voucher is when the Vouchee voucheth over and so a treble Voucher There is also a Foreign Voucher when the Tenant being impleaded within a particular Jurisdiction as in London or the like voucheth one to Warranty and prays That he may be summoned in some other County out of the Jurisdiction of that Court which might more aptly be called a Voucher of a Foreigner De forinsecis vocatis ad Warrantisandum Coke on Littl. fol. 101. b. See Recovery Voucher Is also used in the Statute 19 Car. 2. cap. 1. for a Lieger Book or Book of Accompt wherein are entred the Acquittances or Warrants for the Accomptants discharge Upland Uplanda High Ground or as some call it Terra firma contrary to Moorish Marsh or Low Ground Duramque terram novem Miliariis per aquam de Uplanda id est de superiori terra schaphis deferri paludibus commisceri jussit Ingulpâ— Hist Croyland Usage See Prescription Use Usus A Deed consists of two principal parts namely the Premisses and the Consequents The Premisses is the former part of it being all that which precedeth the Habendum or Limitation of the Estate which are the persons contracting and the thing contracted The Consequent is the Habendum in which are two Limitations the one of the Estate or Property which the Party Passive shall receive by the Deed the other of the Use which is to express in the said Habendum to or for what use and benefit he have the same Estate And of the Limitation such Uses you may read many Presidents in 〈◊〉 lib. 2. par 1. sect 308. These Uses were in 〈…〉 ted upon the Statute of Westm 3. Quia emptorâ— terrarum before which Statute no such Uses we 〈…〉 known And because in time many deceits were 〈◊〉 〈◊〉 ed by setling the possession in one Man and the Use in another Anno 27 Hen. 8. cap. 1. it was Enacted That the Use and Possession of Lands should always stand united See Coke lib. 3. Chudleys Case User de Action Is the pursuing or bringing an Action in what place and County it ought to be See Brook tit Lieu and County fol. 64. Usher Fr. Huissier i. A Door-keeper of a Court Is an Officer in the Exchequer of which there are four that attend the Cheif Officers and Barons at the Court at Westminster and Juries Sheriffs and all other Accomptants at the pleasure of the Court. There are also Ushers in the Kings Court as of the Privy Chamber c. See Blackrod Usâ—act In Privilegio de Semplingham Sint quieti tam ipsi quam homines eorum c. de omnibus misericordiis amerciamentis forisfacturis c. Et de murdro latrocinio conceyles Usâ—act Hamsoka Grithbrich Blotwit c. Perhaps miswritten for Utlage or Utlagat Sed quare In Kelways Report I finde Hutlatch Usucaption Usucaptio The enjoying a thing by continuance of time or receiving the profits long possession or prescription Usufructuary Usufructuarius One that hath the use and reaps the profit of any thing Usury Usura Is Money or Money 's worth given above the principal sum for the Loan or it otherwise called Interest or Use Usura st commodum certum quod propter usum rei mutuatae accipitur Cokes 5 Rep. Paytons Case By the Stat. 12 Car. 2. cap. 13. no Man must take above Six pound for the forbearance of One hundred pound for a year under the penalties therein contained See Cokes 3 Instit fol. 151. By the Stat. 3 11 Hen. 7. it is called Dry Exchange Utas Octava Is the eighth day following any Term or Feast as the Utas of S. Michael the Utas of S. Hillary c. whereof you may read Anno 51 Hen. 3. Statute concerning General days in the Bench. And any day within the Feast and the eighth day is said to be within the Utas The use of it is in the return of Writs as appears by the Statute At the Utas of the Holy Trinity Preamble to the Stat. 43 Edw 3. Utensil Fr. Utensile Any thing necessary for our use and occupation Housholdstuff Utfangthef Sax. Ut-fang-theof i. Fur extra captus scil Extra dominium vel jurisdictionem Is an Ancient Royalty or Priviledge granted to the Lord oâ— a Mannot by the King which gives him power to punish a Theif dwelling and committing the 〈◊〉 of his Liberty if he be taken within 〈◊〉 Fee Utfangthef dicitur extrancus lat 〈…〉 oeniens aliunde de terra aliena qui 〈◊〉 suit in terra ipsius qui tales habet libertat 〈…〉 Bracton lib. 2. tract 2. cap. 35. Anno 〈…〉 8. cap. 26. U 〈…〉 Uthlagus An Outlaw Fuit qu 〈…〉 m Uthlagus famosissimus partes istas frequentans propter iter commeantium inter Nottingham Derby per Forestam Mon. Angl. 2. par fol. 618. a. See Outlaw Utlagato capiendo quando utlagatur in uno Comitatu postea fugit in alium Is a Writ the nature whereof appears in the words of its name See Reg. of Writs fol. 133. Utland Sax. i. terra extera