contained generally lands or houses yea or offices wherein we have estate for term of life or in fee. And in this signification Kitchin so 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton use it through his whole 27 Chapter as also Bracton doth the Latin libernm tenementum li. pri ca. 5. 6. and many other places Tenentibus in assist non onerandis c. is is a writ that lyeth for him to whom a disseisor hath alienated the Land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour have wherewith to satisfie them himself Reg. orig fol. 214. b. Tenths Decimae it that yearly portion or tribute which all Livings Ecclesiastical do yeeld to the King For though the Bishop of Rome do originally pretend right unto this revenue by example of the High Priest among the lews who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem Yet I read in our Chronicles that these were of en granted to the King by the Pope upon divers occasions sometime for one year som time for more until by the Statute an 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifieth also a task levyed of the temporalty Holinshed H. 2. fol. 111. Tenore indictamenti mittendo is a writ wherehy the Record of an indictment and the processe thereupon is called out of another Court into the Chancery Regist orig fol. 169. a. Tenure Tenura commeth of the Norman Tendure as appeareth by the Grand Custumary cap. 28. where it is defined to this effect Tenure is the manner whereby Tenements are holden of their Lords What may make a Tenure and what not see Perkins Reservations 70. And in that Chapter shall you find the most of those Tenures recited that be now usually â—o England In Scotland I find that there be four manner of Tennres which they call holding of land the first is ura eleemoâ—yna which is proper to spiritual men paying nothing for it but devota animarnm suffragia the second they call Few or Few ferm which holdeth of the King Church Barons or others paying a certain duty called Feuda firma The chird is a hold in Blench as they term it by payment of a peny rose pair of guilt Spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by service of ward and releeve where the Heir being minor is in regad or custody of his Lord together with his lands c. And land holden in this fourth maner is called there feudum de Hauberk or Haubert or seudum militare or feudum Hauberticum or fendum loricatum because it is given upon condition that the vassal possessor thereof shall come to the Host with a Jack or Haubert which is a coat of Mail. M. Skene de verb. signif verbo Haubert Tenure in grosse is the Tenure in Capite For the Crown is called a Seignory in grosse because it consisteth of a corporation of and by it self not tyed to any honor or manor See Cromptons Iurisdict f. 206. See the new book of Entries verbo Tenure Term Termiuus fignifieth with us commonly the bounds and limitation of time as a lease for term of life or term of years Bracton lib. 2. cap. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Iudgement are open to 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 be 4 in every year during which matters of Iustice for the most part are dispatched And this Sir Thomas Smith lib. 3. de Rep. Ang. cap. 2. reckoneth as miraculous that in lesse time than the third part of the year three Tribunals all in one City should rectifie the wrongs of so large and populous a Nation as England is Of these Terms one is called Hilarie Term which beginneth the 23 of Ianuary or if that be Sunday the next day following and endeth the 21 of February Another is called Easter term which beginneth 18 dayes after Easter and endeth the Monday next after Ascension day The third is Trinity Term beginning the Friday next after Trinity Sunday and ending the Wednesday fort night after The fourth is Michaelmas Term beginning the 9th of October or if that be Sunday the next day after and ending the 18 of November Termor Tenens ex termino is he that holdeth for term of years or life Kitchin fol. 151. Littleton fol. 100. Tenra extendendae is a writ directed to the Escheator c willing him to inquire and find the true yearly value of any land c. by the oath of twelve men and to certifie the extent into the Chancery c. Register orig fol 293. b. Terris bonts caiallis rehabendis post purgationem is a writ that lye th for a Clerk to recover his lands goods or chatels formerly soised on after he hath cleared himself of that seiony upon suspition whereof he was formerly convicted and delivered to his Ordinary to be purged Register orig fol. 68. b. Terris liberandis is a writ that lyeth for a man convicted by attaint to bring the Record and Processe before the King and to take a fine for his imprisonment and to deliver him his lands and tenements again and to release him of the Scrip and Waste Regist. orig fol. 232. a. It is also a writ for delivery of lands to the heir after homage and relief performed eodem fol. 293. b. or upon security taken that he shall perform them eodem fol. 313. b. Terris catallis tentis ulera debitum levatum is a writ Iudicial for the restoring of lands or goods to a debtour that is distreined above the quantity of the debt Register Iudicial fol. 38. b. Terretenent terratenens is he which hath the natural and actual possesssion of the land which we otherwise call the occupation anno 39 Eliz. ca. 7. For example a Lord of a manour hath a Free-holder who letteth out his free land to another to be occupied this Occupier is called the Terretenent Wist parte 2. symb tit Fines Sect. 137. Cromptons Inrisd fol. 194. Britton cap. 29. Porkins feoffments 231. And Petrus Belluga in sprenlo Principum Repub. 46. versic Restut vidert nu 9. useth this word Terrae tenentee in the same signification See Land tenents Yet I have heard some learâ—ed in the Law say that the Terienent is the tenent in free or copyhold according to the custom of the Manor and opposite to tenent for term of years Quaere Ters is a certain measure of liquid things as wine oyl c. containing the 6th part of a tun an 32. H. 8. c. 14. or the 3d. part of a Pipe Testament Testamentum See Will. Testatum is a writ that seemeth especially to lye
upwards to the number of 24. by whose discretion all tryals pass both in civil and criminal causes through all Courts of the common Law in this Realm First for civil causes when proof is made of the matter in question as the parties and their Counsel think good on both sides the point of the fact that they are to give their verdict of is delivered likewise unto them which we call the issue and then are they put in mind of their oath formerly taken to do right between party and party and so sent out of the Court severally by themselves to consider upon the evidence of both sides untill they be agreed which done they return to the Court again and deliver their verdict by the mouth of the foreman And according to the verdict Iudgement afterward passeth either condemnatory for the Plaintiff or absolutory for the Defendant These twelve be called twelve milites Glanvile lib. 2. cap. 14 15. and so be they in Bracton divers times but that word is altered In causes criminal there be two sorts of Enquests one called the grand Enquest and the other the Enquest of life and death The grand Enquest is so called either because it consisteth commonly of a greater number than twelve as of twenty four eighteen or sixteen at the least or else because all causes criminal or penal first passe through them whereas the other Enquest is especially appointed for one or few matters touching life and death committed to their consideration Those of the grand Enquest are also called by Bracton 12 milites lib. 3. tract 2. cap. pri num 2. because they were wont to be Knights as it seemeth and not inferiours except so many Knights could not be found Idem eodem num 1. in fine And their function is to receive all presentments made unto them of any offence and accordingly to give their general opinion of the presentment by writing either these words Billa vera upon the bill of presentment which is an inditement of the party presented or else this word Ignoramus which is an absolving of him Now as criminal causes be of two sorts either capital touching life and member or finable so is there a double course of these Inditements For in causes only finable the party indited must either traverse the Inditement by denying it and so it is referred to a petit Jury whereby he is either convicted or discharged of the crime or else he confessing it the Court setteth his fine upon his head without more work But in matters of life and death the party indited is commanded to hold up his hand and answer guilty or not guilty if guilty he standeth convicted by his own confession if not guilty he is farther referred to the Enquest of life and death which consider upon the proof brought against the Prisoner and accordingly bring in their verdict Guilty or not Guilty so is he judged to dye or delivered by the Court. Of this read more in Inditement Assise Iury. See the statute anno 35 H. 8. cap. 6. 37 ejusdem cap. 22. et anno 2 Ed. 6. cap. 32. et anno 5 Eliz. cap. 25. VA VAcation vacatio hath an especial signification in this Kingdom being used for all that time respectively which passeth between term and term at London And when such times begun and ended in our Ancestors daies see Roger Hovedens annals parte posteriori fol. 343. a. where you shall find that this intermission was called pax Dei et Ecclesiae Vaccarie aliàs vacharie vaccaria aliàs vacheria seemeth to be a house to keep kine in Fleta lib. 2. cap. 41. sect Item inquiratur 12. and Cromptons Jurisd fol. 194. in these words without warrant no subject may have within the Forest a vacary But in the statute anno 37 H. 8. cap. 16. I find vachary to be as it were a special proper name of a certain quantity and compass of ground within the Forest of Ashedown Valew valentia valor The word is in it self plain enough But I cannot omit one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference between value and price These be his words And the value of those things in which offences are committed is usually comprised in Inditements which seemeth necessary in theft to make a difference from petit larceny and in trespass to aggravate the fault and increase the fine But no price of things ferae naturae may be expressed as of Deer of Hares c. If they be not in Parks and Warrens which is a Liberty anno 8 Edward 4. fol. 5. nor of Charters of land And where the number of the things taken are to be expressed in the Inditement as of young Doves in a Dove-house young Hawks in a wood there must be said pretii or ad valentiam but of divers dead things ad valentiam and not protii of coyn not current it shall be pretii but of coin current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain But of counterfeit coin shall be said ad valentiam and in counterfeiting of coin shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord having profered covenable mariage to the Infant without disparidgement against the Infant comming to his years if he refuse to take the Lords offer And it is to recover the value of the mariage Regist orig fol. 164. Old nat br fol. 90. Variarce commeth of the French varier i. alterare it signifieth in the Common law an alteration or change of condition after a thing done For example the Commonalty of a Town make a Composition with an Abbot Afterward this Town by a grant from the King obtaineth Bayliffs This is a variance and in this case if the Abbot commence any sute for breach of the composition he must vary from the words of the Commonalty set down in the Composition and begin against the Bayliffs and the Commonalties Brook tit Variance fol. 292. It is also used for an alteration of something formerly laid in a plee which is easilier known what it is than when it may be used as it appeareth by Brook through the whole title aforesaid See variance in the new book of Entries Vassal vasallus signifieth him that holdeth land in fee of his Lord Hot. verbo Feudal we call him more usually a Tenent in fee whereof some owe fidelity and service and are called vassalli jurati some that owe neither and are called vassalli injurati But of this later sort I think that in England we have not any Of these thus writeth Hotom in his disputations upon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accipit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo
his house or land c. West parte 2. symb titulo Inditemenes sect 65. M. Lamberd in his Eirenarcha cap. 19. saith thus An unlawfull assembly is the company of three persons or more gathered together to do such an unlawfull act although they do it not indeed So saith Kitchin in effect fol. 20. Vnques prist is word for word alwaies ready And it signifieth a plee whereby a man professeth himself alway ready to do or perform that which the Demandant requireth thereby to avoid charges For example a woman sueth the tenent for her dower and he comming in at the first day offereth to aver that he was alway ready and still is to perform it In this case except the Demandant will aver the contrary he shall recover no dammages When this Plee will serve to avoid charges and when not see Kitchin fol. 243. See Vncore prist VO Voidance vacatio is a want of an Incum bent upon a benefice and this voidance is double either in Law as when a man hath more benefices incompetible or indeed as when the Incumbent is dead or actually deprived Brook titulo Quare impedit n. 51. Voucher Advocatio is a calling in of one into the Court at the petition of a party that hopeth to be helped thereby New book of Entries verbo Voucher Voucher de garrantie Brit. cap. 75. In Latin Advocatio ad warrantizandum is a Petition in Court made by the Defendant to have him called of whom he or his Ancestor bought the Land or Tenement in question and received warranty for the secure injoying thereof against all men Briton of this writeth a long chapter ubi supra intituling it Garant voucher But Bracton writeth a large tractate of it lib. 5. tractat 4. per totum Litleton also handleth it not mincingly in the last chapter of all his Tenures Of this you may read Fitzh also in his nat br fol. 134. De warrantia chartae All this law seemeth to have been brought into England out of Normandy For in the Grand Customaty you have likewise a Chapter intituled vouchment de garant cap. 50. id est vocamentum Garanti where it is set down what time ought to be given for the appearance of the warrant called in this case how many warrants may be vouched one calling in another and divers other points touching this doctrine All which and many more you may read in Bracton ubisupra A common voucher a double voucher Cook lib. 2. Sir Hugh Cholmleis case fol. 50. b. This is very answerable to the Contract in the Civil law whereby the Buyer bindeth the Seller sometime in the simple value of the thing bought sometime in the double to warrant the secure enjoying of the thing bought But this difference I find between the Civil law and ours that whereas the Civil law bindeth every man to warrant the security of that which he selleth ours doth not so except it be especially covenanted The party that voucheth in this case is called the Tenent the party vouched is termed the Voucher The writ whereby he is called is termed Summoneas ad warrantizandum And if the Sheriff return upon that Writ that the party hath nothing whereby he may be summoned then goeth out another Writ viz. Sequatur sub suo pericnlo See Terms of the law verbo Voucher And Lamb. in his explication of Saxon words verbo Advocare See Warranty I read in the new book of Entries of a forein voucher which hath place properly in some Franchise County Palatine or other where one voucheth to warranty one not dwelling within the Franchise fol. 615. columma 1. whereupon because the Foreiner need not be tryed in that Court the record and cause is removed to the common plees c. See of this Fitzh nat br fol. 6. E. VS Vser de action is the pursuing or bringing of an action which in what place and County it ought to be See Brook titulo Lieu County fol. 64. Vse usus is in the original signification plain enough but it hath a proper application in our Common law and that is the profit or benefit of lands or tenements And out of M. Wests first part of his symbol lib. pri sect 48 49 50 51 and 52. I gather shortly thus much for this purpose Every deed in writing hath to be considered the substance and the adjuncts Touching the substance a deed doth consist of two principal parts namely the premises and the consequents The premises is the former part thereof and is commonly said to be all that which precedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which followeth the premises and that is the Habendum In which are two limitations the one of the estate or property that 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 shall have the same estate And of the limitation of those uses you may read many presidents set down by the same Author in his second book of his said first part sect 308. and so forth to 327. These uses were invenced upon the Statute called West 3. or Quia emptores terrarum before the which Statute no uses were known Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the use in another there was a Statute made anno 27 H. 8. cap. 1. whereby it was inacted that the use and possession of lands and possessions should alway stand united New Expositor of law terms verbo Vse v. Cook lib. 1. Chudleise case fol. 121. seq Vsher Ostiarius commeth of the French Huissier i. Accensus Apparitor Ianitor It signifieth with us first an Officer in the Eschequer of which sort there be four ordinary Ushers that attend the chief Officers and Barons of the Court at Westminster and Juries Sheriffs and all other Accountants at the pleasure of the Court. There be also Ushers in the Kings house as of the Privy Chamber c. VT Vtas Octavae is the eighth day following any term or feast as the utas of Saint Michael the utas of Saint Hilary the utas of Saint Martin of Saint John Baeptist of the Trinity c. as you may read anno 51 H. 3. stat concerning general daies in the Bench. And any day between the feast and the eighth day is said to be within the utas The use oâ— this is in the return of Writs as appeareth by the same Statute Vtfangthef is an antient Royalty granted to a Lord of a Manor by the King which giveth him the punishment of a thief dwelling out of his Liberty and having committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third Book tractat 2. cap. 35. seemeth rather to interpret the word than to express the
the Heir of him that holdeth Land of the Crown either by Knights service or in soccage and dyeth be he under or at full age directed to the Escheatour of the County for inquiry to be made by him of what estate the deceased party was seised who is next heir unto him and of what value the Land is The form thereof and other circumstances you may learn in Fitz. nat br fol. 251. Dyer was a learned Lawyer and Lord Chief Justice of the Common Plees in the dayes of Queen Elizabeth who writ a Book of great account called his Commentaries or Reports Dies datus is a respight given to the Tenant or Defendant before the Court Brook tisulo Continuance Dicker of Leather is a quantity consisting of ten hides The name may seem to come from the Greek Decas which is also a Latine word signifying ten in number Diguity Ecclesiastical dignitas Ecclesiaâ—tica is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be administratio cum jurisdictione potestate te aliquae conjuncta Glos in cap. 1. de consuct in sexte whereof you may read divers examples in Duarynus de sacris Eccles minist benefic lib. 2. cap. 6. Dioces diocesis is a Greek word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth with us the circuit of every Bishops Jurisdiction For this Realm hath two sorts of divisions one into Shires or Counties in respect of temporal policy another into Diocesses in respect of Jurisdiction Ecclesiasticall Diet a rationabilis is in Bracton used for a reasonable dayes journey lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significations not needful here to be set down v. vocab utriusque juris Dimibaque See Haque Disalt signifieth as much as to disable Litleton in his Chapter of Discontinuance Disceite See Deceit and deceptione See the new book Entrie verbo Disceit Discent Discensus in the French Descents signifieth in the Common law an order or means whereby Lands or Tenements are derived unto any man from his Ancestors as to makehis discent from his Ancestors Old nat br f. 101. is to shew how and by what degrees the Land in question came to him from his Ancestors as first from his great Grandfather to his Grandfather from his Grandfather to his Father and so to him Or in such other like sort This discent is either lineal or collateral Lineal Discent is conveyed 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 is springing out of the side of the whole blood as Grandfathers brother Fathers brother c. See the new Tearms of Law Disclamer Disclamium is a Plee containing an expresse denial or refusal as if the Tenant sue a Replevin upon a Distresse taken by the Lord and the Lord avow the taking of the distresse saying that he holdeth of him as of his Lord and that he distremed for rent not payd or service not performed then the Tenant denying himself to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant leeleth his Land Terms of Law Of this see Skene de verb. fignif verbo Disclamation Also if a man denie himself to be of the blood or kindred of another in his Plee he is said to disclaim his blood Fitzh nat br fol. 197. G. See Brook titulo Diselamer If a man arraigned of Felony do disclaim goods being cleered he leeseth them Stawnf pl. cor fol. 186. See the new book of Entries verbo Disclamer Discontinuance Discontinuatio cometh of the French Discontinuer i. cessare intermittere and signifieth in the Common law nothing else but an interruption of breaking off as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not than to define the thing 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 unto it of his own self or by his own authority but must bring his Writ and seek to recover possession by Law Examples you may have store in his Tearms of Law verbo Discontinuance And in Litleton codem capite with whom agreeth another in these words But Discontinuance of Possession is indeed an impediment to a man for entring into his own Land or Tenements caused by the fact of one that alienated them contrary to right and gave Livery and Seisin of them whereby the true owner is left only to his action See the new Tearms of Law and the Institutes of the Common law cap. 43. and see S. Ed. Cokes Reports lib. 3. the Case of Fines fol. 85. b. The effect of Discontinuance of Plee is that the instance is fallen and may not be taken up again but by a new Writ to begin the Sute a fresh For to be discontinued to be put without day is all one and nothing else but finally to be dismissed the Court of that instance West parte 2. Symbol tit Fines sect 115. So Crompton in his divers Jurisdictions 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 Fitzherb in his nat br useth the word divers times as discontinuance of Corody fol. 193. A. To discontinue the right of his wise fol. 191. L. 193. L. Discontinuance of an assise fol. 182. D. 187. B. Disgrading Degradatis is the punishment of a Clerk that being delivered to his Ordinaty cannot purge himself of the offence whereof he was convicted by the Juryâ— and is nothing but the privation of him from those orders of Clerkship that he had as Priesthood Deaconship c. Slâ—â—f 〈…〉 138. There is likewise â—isgrading of a Knight Stowes Annals pag. 855. And it is not to be omitted that by the Canon Law there be two forte of disgrading one summary by word onely and another solemn by devesting the party degraded of those Ornaments and Rites which be the ensighes of his Order or Degree Dismes Decimes is made of the French Decimes and signifieth Tithe or the tenth part of all the fruits either of the earth or beasts or our labour due unto God and so consequently to him that is of the Lords lot and had his share viz. our Pastour It signifieth also the Tenths also of all spititual livings yearly given to the Prince called a perpetuar Dismo anno 2. 3. Edwar. 6. cap. 35. which in ancient times were paid to the Pope until Pope Urbane gave them to Richard the second to aid him against Charles the French King and those other that upheld Clement the seventh against him Polidor Vâ—igil Angl. hist
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 under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. 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 used 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 Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple 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 And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
quinquaginta hidis geldabat And these rates were taken out of Dooms-day in the Eschequer so that this seemed in old time to be a yearly tribute in certaintie whereas now though the rate be certain yet it is not levied but by Parliament See Task See Quinsieme Filazer filazarius cometh of the French Filace i. filum filacium It is an officer in the Common plees whereof there be fourteen in number They make oâ—t all original processe as well real as personal and mixt and in actions meerly personal where the Defendants be returned or summoned there goeth out the distresse infinite until appearance If he be returned Nihil then Processe of Capias infinite if the Plaintiff will or after the third Capias the Plaintiff may go to the Exigenter of the Shire where his Original is grounded and have an Exigent or proclamation made And also the Filazer maketh forth all Writs of view in causes where the view is prayed he is also allowed to enter the imparlance or the general issue in common actions where appearance is made with him and also judgement by confession in any of them before issue be joyned and to make out Writs of Execution thereupon But although they entred the issue yet the Protonotary must enter the judgment if it be after Verdict They also make Writs of Supersedeas in case where the Defendant appeareth in their offices after the Capias awarded Filctale see Sothale File Filacium is a thread or wyer whereon Writs or other Exhibits in Courts are fastned for the more fafe keeping of them Finders anno 18 Edw. 3. stat 1. cap. unico anno 14 Rich. 2. cap. 10. seem to be all one with those which in these dayes we call Searchers Fine finis cometh of the French fin i. finis and hath divers applications in our Common law sometimes being used for a formal or ceremonious conveyance of Lands or Tenements or as West saith titulo Fines sect 25. of any thing inheritable being in esse tempore finis to the end to cut off all controversies West parte 2. symbol sect 1. defineth a Fine in this signification covenants made before Justices and entred of Record And out of Glanvile thus lib. 8. cap. 1. Finis est amicabilis compositio finalis concordia ex consensu licemia Domini Regis vel ejus Justiciariorum And lib. 9. cap. 3. Talis concordia finalis dicitur eo quod finem imponit negetio adeo ut neutra pars litigantium ab eo de â—â—tero poterit recedere And out of Bracton lib. 5. tract 5. cap. 28. num 7. thus Finis ideo dicitur finalis concordia quia imponit finem litibus est exceptio per emptoria The Author of the new Terms of law defineth it to be a final agreement had between persons concerning any Land or rent or other thing whereof any sute or Writ is between them hanging in any Court. See the new Book of Entries verbo Fines This fine is of so high a nature that Bracton lib. 3. cap. 7. num 3. hath these words of it Item immediatè pertinet ad Regem querela finis factae in curia Domini Regis non observata Et est ratio quia nemo potest finem interpretari nisi ipse Rex in cujus curia fines fiunt See also anno 27 Ed. prim stat prim cap. 1. The Civilians would call this solemn contract transactionem judicialem de re immobili because it hath all the properties of a transaction if it be considered in his original use v. Wesemb parat titulo de transact For it appeareth by the Writers of the Common law above named that it is nothing but a composition or concord acknowledged recorded before a competent Judge touching some hereditament or thing immoveable that earst was in controversie between those that be parties to the same concord and that for the better credit of the transaction being by imputation made in the presence of the King because it is levied in his Court and therefore doth it bind Women covert being parties and others whom ordinarily the Law disableth to transact onely for this reason that all presumption of deceipt or evil meaning is excluded where the King is privy to the Act. But discourse of wit and reason hath in time wrought other uses 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 Intails and with more certainty to passe the Interest or the Title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much that the passing of a Fine in most cases now is it but mera fictio juris alluding to the use for the which it was invented and supposing a doubt or controversie where in truth none is and so not onely to work a present prescription against the parties to the concord or fine and their Heirs but within five years against all others not ex-expresly excepted if it be levied upon good consideration and without covine as Women covert persons under 21 years or prisoners or such as be out of the Realm at the time when it was acknowledged Touching this matter see the statutes anno 1 Rich. 3. cap. 7. anno 4 H. 7. cap. 24. anno 32 H. 8. cap. 36. anno 31 Eliz. cap. 2. This fine hath in it five essential parts the original writ taken out against the Conizour the Kings License giving the parties liberty to accord for the which he hath a fine called the Kings Silver being accounted a part of the Crowns revenue Thirdly the concord it self 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 manner Sc. Inter R. querentem et S. et Euxorem ejus deforciantes c. Fiftly the foot of the fine which beginneth thus Haec est sinalis concordia facta in Curia domini Regis apud West à die Paschae in quindecim dies anno etc. So as the foot of the fine includeth all containing the day year and place and before what Justice the concord was made Coke vol. 6. casu Teye fol. 38 et 39. This fine is either simgle or double A single fine is that by which nothing is granted or rendred back again by the Cognizees to the Cognizours or any of them A double fine containeth a grant render back again either of some rent comon or other thing out of the land or of the land it self to all or some of the Cognizours for some estate limiting thereby many times Remainders to strangers which be not named in the Writ of covenant West ubi supra Sect. 21. Again a fine is of the effect divided into a fine executed and a fine executory A fine executed is such a fine as of his own force giveth a present possession at
differences and agreements between a Riot Rout and unlawfull assembly See in M. Lamb. Eirenarcha lib. 2. cap. 5. c. See the Statute 1 M. 1. ca. 12. et Kitchin fol. 19. who giveth these examples of Riots the breach of inclosures or banks or conducts parks pownds houses barnes the burning or stacks of corn Mr. Lamberd ubi supra useth these examples to beat a man to enter upon a possession forcibly See Ront and unlawful assembly See also Cromptons Iustice of peace divers cases of Riots c. fol. 53. See Trihings Ripiers riparii be those that use to bring fish from the sea coast to the inner parts of the land Camd. Britan. pag. 234. It is a word made of the Latine Ripa Rize oriza is a kind of corn growing in Spain Asia and India with the which both good foods and medicines be made whereof if you desire farther knowledge read Gerards Herbal lib. 1. cap. 52. This is mentioned among merchandize to be garbled in the Statute anno 1 Jaco cap. 19. RO Roag rogus seemeth to come of the French Rogu i. arrogans It signifieth with us an idle sturdy begger that wandring from place to place without pasport after he hath been by Justices bestowed upon some certain place of aboad or offered to be bestowed is condemned to be so called who for the first offence is called a Roag of the first degree and punished by whipping and boring thorow the grissel of the right ear with an hot iron an inch in compass and for the second offence is called a Roag of the second degree and put to death as a felon if he be above 18 years old See the Statute anno 14 Eliz. cap. 5. 18 ejusdem cap. 3. anno 36. cap. 17. If you will know who be Rogues and to be punished as Rogues by law read Lamberts Eirenarcha lib. 4 cap. 4. See Rout. Robbery robaria commeth of the French Robbe i. vestis and in our Common law a felonious taking away of another mans goods from his person or presence against his will putting him in fear and of purpose to steal the same goods West parte 2. Jymbol titulo Inditements sect 60. This is sometime called violent theft Idem eodem which is felony for two pence Kitchin fol. 16. and 22. lib. Assis 39. Robaria is a word also used in other Nations as appeareth by the annotations upon Mathaeus de afflictis descis 82. num 6. pag. 122. See Skene verbo Reif libro de verbo significat See Cromp. Justice of peace f. 30. b. Roberdsmen an 5 Ed. 3. cap. 14. anno 7 R. 2. cap. 5. M. Lamb. interpreteth them to be mighty theeves Eirenarch li. 2. cap. 6. pag. 90. Rodknights aliâs Radknights are certain servitours which hold their land by serving their Lord on Horse-back Bracton li. 2. ca. 36. num 6. saith of them debet equitars cum Domino sus de manerio in manerium vel cum Domint uxore Flo a lib. 3. cap. 14. § Continetus Redde Pertica is otherwise called a Pearch and is a measure of sixteen foot and an half long and in Stafford-shire 20 foot to measure land with See Pearch Rose tyle alias Creast tyle is that tyle which is made to lay upon the rudge of the house anno 17 Ed. 4. cap. 4. Rogation week dies rogationum is a time well known to all being otherwise called Gang-week The reason why it is so termed is because of the especial devotion of Prayer and Fasting then enjoyned by the Church to all men for a preparative to the joyfull remembrance of Christs glorious Ascension and the Descension of the holy Ghost in the form of cloven Tongues shortly after And in that respect the solemnization of carnal Matrimony is forbidden from the first day of the said week untill Trinity sunday See Advent Rood of land roda terrae is a certain quantity of Land being the fourth part of an Acre Anno 5 Eliza. cap. 5. See Perch Roll alias 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 us a shedule of Paper or Parchment turned or wound up with the hand to the fashion of a pipe So is it used in Stawnfplees of the Crown fol. 11. The Chequer Roll of the Kings house out of the statute anno 3 H. 7. cap. 13. which signifieth nothing but the Catalogue wherin the names of the Kings Houshold servants are set down And anno 5 Rich. 2. cap. 14. stat prim there is mention made of the great Roll of the Exchequer which seemeth otherwise to be called the Pipe The Roules is also a place destinated by Edward 3. to the keeping of the rolls or records of the Chancery situate between the two Temples in London Cambden Britan pag. 321. the Master whereof is the second man in Chancery and in the absence of the Lord Chancellor or Keeper sitteth as Iudge being commonly called the Master of the Rolls See Master of the Rolls Romescot is compounded of Rome and Scot as you would say the tribute due to Rome it is called by Matthaeus Westmonasteriensis consuetudo Apostolica à qua neque Reâ— neque Archiepiscopus vel Episcopus Abbas vel Prier aut quilibet inregno immunis erat and was first granted by Offa a Saxon King Camden Britan. pag. 6. See Peter pence and Roger Hoveden parte poster suorum annalium fol. 34 i. a. in Hen. secundo Roundlet is a certain measure of Wine Oyl c. containing 18 gallons and an half anno 1 R. 3. cap. 13. Rout routá is a French word signifying a company or flock as une grande route de gents on de cerfs i. grex hominum longa servorum series It signifieth in our Common law an Assembly of three persons or more going on about forcibly to commit an unlawfull act but yet do it not Westm. parte 2. symb titule Indictments sect 65. O. M. Lamberd thus saith of it A Rout is the same which the Geâ—manes yet call Rot meaning a bond or great company of men gathered together and going about to execute or executing indeed any Ryot or unlawfull act and saith more it is said properly of the multitude that assembleth themselves in such disorderly sort for their common quarrels As if the Inhabitants of a Town-ship do assemble to pull down a hedge or pale to have their common where they ought to have none or to beat a man that hath done them some publike offence or displeasure But the Statute of 18 Ed. 3. stat prim cap. unico which giveth process of outlawry against such as bring routs into the presence of the Instices or in any affray of the people and the Statute of 2 Richard 2 cap. 6. that speaketh of riding in great routs to make entry into Lands and to beat others and to take their wives c. do seem to understand it more largely And it is a