the Book of Entries fo 63 c. 205. d. 519. c. where this word Abatement is called in Latin Intrusio And I think it better to call it in Latin Interpositio ot Intratio per interpos â— ionem make a difference between this word and Intrusio after the death of the Tenant for life Abbot ABbot was the sovereign head or Chief of those Houses which when they stood were called Abbies and this Abbot with the Monks of the same House who were called the Covent made a Corporation Such a Sovereign of any such House shall not be charged by the Act of his Predecessor if it be not by common Seal nor for such things which come to the use of his House Also an Abbot shall not be charged for the debt of his Monk before his entry in Religion though the Creditor have an especialty thereof except it have come to the use of his House but the Executors of the Monk shall be charged therewith Look for this in the Abridgements the same Title under which you shall see that some of them were elective some presentative and how they were made Governours and their Authority And in this Title are also comprehended all other Corporations Spiritual as Prior and his Covent Friers and Canons Dean and Chapter Abettors ABettors are in divers Cases diversly taken One Kind of Abettors are they that maliciously without just cause or desert do procure others to sue false Appeals of Murther or Felony against men to the intent to trouble and grieve them and to bring them to infamy and slander Abettors in Murthers are those that command or procure counsel or comfort others to Murther And in some case Abettors shall be taken as Principals and in some case but as Accessories So in other Felonies And their presence at the deed doing and their absence makes a difference in the case There are Abettors also in Treason but they are as Principals for in Treason there are no Accessories See more in the Book called Pleas of the Crown made by the Reverend Judge Sir W. Stamford in the Titles of Accessories and Dammages in Appeal Abeyance ABeyance is when a Lease is made for term of life the Remainder to the right Heirs of J. S. who is living at the time of the Grant now by this Grant the Remainder passes from the Grantor presently yet it vests not presently nor takes hold in the Grantee that is the right Heir of J. S. but is said to be in Abeyance or as the Logicians term it in posle or in understanding and as we say in the Clouds that is in the Consideration of the Law That if J. S. die having a right Heir and living the Lessee for life then this is a good Remainder and now vests and comes to the right Heir in such sort as that he may grant forfeit or otherwise dispose the same and ceases to be any more in Abeyance for that there is one now of ability to take it because J. S. is dead and hath left a right Heir in life which could not be living J. S. for that during his life none could properly be said to be his Heir Also if a man be Patron of a Church and presents one to the same now the Fee of the Lands and Tenements pertaining to the Rectory is in the Parson But if the Parson die and the Church become void then is the Fee in Abeyance until there be a new Parson presented admitted and inducted for the Patron hath not the Fee but only the right to present and the Fee is in the Incumbent that is presented and after his death it is in no body but in Abeyance till there be a new Incumbent as is aforesaid See Litt. Lib. 3 cap. 11. fo 145. and Perkins fol. 12. Abishersing ABishersing and in some Copies Mishersing is to be quit of Amerciaments before whomsoever of Transgression proved Abjuration ABjuration is an Oath that a Man or Woman shall take when they have committed Felony and fly to the Church or Church-yard or to any other place priviledged for safeguard or their lives chusing rather perpetual Banishment out of the Realm than to stand to the Law and be tryed for the Felony In which Case before the Coroner he shall make such Confession which may make a sufficient Indictment of Felony Then the Coroner at the Common Law shall make him forswear the Realm and assign to him what Port he shall go and shall swear him that he go not out of the High way and that he abide not at the Port if he may have good passage above one flood and one ebb and if he cannot have Passage then he shall go every day during xl days in the Sea to the knees But if such a Felon as abjures goes out of the High way and flies to another place if he be taken he shall be brought before the Iudge and there shall have Iudgment to be hanged And if he who so prays the privilege will not abjure then he shall have the priviledge for xl days and every man may give him meat and drink And if any give him sustenance after xl days although it be his Wife such giving is Felony Also he that doth abjure shall be delivered from one Constable to another and from one Franchise to another till he come to his Port and if the Constable will not receive him he shall be grievously amerced See the Oath in the Treatise De abjuratione Latronum This Law was instituted by S. Edward the Confessor a King of this Realm before the Conquest and was grounded upon the Law of mercy and for the Love and Reverence he and others his Successors did bear unto the House of God or place of Prayer and Administration of his Word and Sacraments which we call the Church Note this Law is now changed by the Statutes 21 H 8. cap. 2. 22 H. 8. cap. 14. and 32 H. 8. cap. 12. by which it appears that he at this day shall not abjure the Realm but all his Liberty of this Realm and all his liberal and free habitations resorts and passages from all places of this Realm to one certain place in this Realm thereto limited by 32 H. 8. cap. 13. and 33 H. 8. c. 15. See more in Stamf. li. 2. c. 10. and see the Statutes 1 Jac. c. 25. and 21 Jac. c. 28. for the repeal of all Statutes concerning Abjured persons and the taking away of all Sanctuaries See the Statutes of 35 El. chap. 12. for the Abjuration of Recusants and Stat. 1 Jac. c. 25. Abridgement of a Plaint or Demand ABridgement of a Plaint or Demand is where one brings an Assise Writ of Dower Writ of ward or such like in which cases for that the Writ of Assise is de libero tenemento as in a Writ of Dower the Writ is Rationabilem dotem quae contingit de libero tenemento W. her husband and in a Writ of ward the Writ is Custo â— terrarum
LES TERMES DE LA LEY OR Certain difficult and obscure Words and Terms of the Common Laws and Statutes of this Realm now in use expounded and explained Now Corrected and Enlarged With very great Additions throughout the whole Book never Printed in any other Impression Hor. Multa renascentur quae jam cecidere cadentque Quae nunc sunt in honore vocabula si volet usus LONDON Printed by W. Rawlins S. Roycroft and M. Flesher Assigns of Richard and Edward Atkins Esquires For G. Walbanke S. Heyrick J. Place J. Poole and R. Sare 1685. To the READER I Need not strive much to prove the necessity of this Book if you consider that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason began with it much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science to which this little Book must open the door and let them in But least of all need I suspect that whoever is convinced of these two Points its Necessity and Profitableness will fail to peruse and esteem it Though no name of any Authour appears to it yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal that reverend Judge who was eminently knowing both in the Common and Statute Law of this Land as appears by the many Leraned Expositions and Excellent Cases which every where occur in it And we may probably guess it to be written by him originally in French only having some cause to suspect the Translation to be done by a less skilful Hand For though by the many Impressions of it and carelesness of Printers it has suffered much as other Books of like nature daily do yet some Objection lay against the Translator himself as to omit others Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum which was Englished thus odly A Place wherein common Tracts of men Collegiate are made And for Errors of the Press they were very numerous and strangely unhappy as disseised for die seized Common Law for Canon Law deep for deer necessary for accessary tiel for viel rather for either owner for power c. In devastaverunt sans compulsion was Englished by compulsion In the word Gild two whole Lines were omitted in the English and the French imperfect so likewise in Garranty and other words There was also a mistake in Geography in the word Pape where Rome was said to be 1500 miles from hence full 500 too much And still as Impressions were iterated Errat's increased Besides the very many Faults which were thus crept into this Book it was so extreamly misalphabeted that some words could not be found without much difficulty I had almost said not at all for if the Reader finds not the word he seeks in its true place he commonly lays by the Book with despair To remedy these encreasing Evils I was willing to bestow my endeavour First by adding above an hundred Words with Explications in their proper places and making references to others where needful Secondly by Correcting the whole Work in what I found amiss and retrenching some antiquated and tautological Expressions as they occurred Thirdly by adding to some old words such late Statutes as alter or concern the Law established by them And lastly by digesting the whole into an exact Alphabet and taking care to prevent Errors of the Press That I intended well I can give you but my word how I have performed I make my Reader Judge Inner Temple T. B. TERMS OF THE LAW EXPOUNDED Abate ABate seems to come from the French Abbatre is to destroy or defeat utterly and has several significations As to Abate a Castle or Fortlet Old Natura brev fo 45. which in Westem 1. cap. 17. is interpreted to beat down And to abate a Writ is to defeat or overthrow it by some Error or Exception Britton cap. 48. And he that steps in between the former possessor and his Heir is said to abate in the Lands See Abatement Abatement of a Writ or Plaint ABatement of a Writ or Plaint is when an Action is brought by Writ or Plaint wherein is want of sufficient and good matter or else the matter alledged is not certainly set down or if the Plaintiff or Defendant or Place are misnamed or if there appear variance between the Writ and the Specialty or Record or that the Writ or the Declaration be uncertain or for Death of the Plaintiff or Defendant and for divers other like causes then upon those defaults the Defendant may pray that the Writ or Plaint may abate that is to say that the Plaintiffs Suit against him may cease for that time and that he shall begin again his Suit and bring a new Writ or Plaint if he be so disposed But if the Defendant in any Action plead a matter in Bar to annul the Action for ever he shall not come afterwards to plead in Abatement of the writ but if after it appear in the Record that there is some matter apparent for which the Writ ought to be abated then the Defendant or any person as a friend to the Court may well plead and shew it in Arrest of Iudgement See the titles of Writ Misnosmer and Variance in the Abridgements and the Book called The Digests of Writs in which this matter especially is very well handled There are also other matters Which abate and stay Actions and Writs that is to say Variance between the Writ and the Count. If the Plaintiff be an alien Enemy For want of naming the Defendant of what Town Trade or degree he is where the Suit is by Writ That a Woman Plaintiff is married before or hanging the Suit That the Plaintiff hath another Action depending for the same cause That the Writ is dated before the Action accrued For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer For that the Land is ancient demesne For that the matter in Suit was done upon the high Sea in which case the Admiral hath Iurisdiction These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time If the Plaintiff in Action personal be out-law'd or convicted of Recusancy or Excommunicated Vpon a Scire facias against ter ' tenants for Debt plea that there are other Lands liable to the same Debt which are not returned doth stay the Proceedings until they be also returned Abatement in Lands ABatement in Lands or Tenements is when a man dies seised of Lands or Tenements and one that hath no right enters into the same before the Heir this Entry is called an Abatement and he an Abator But if the Heir enter first after the death of his Ancestor and the other enter upon the possession of the Heir this last entry is a Disseisin to the Heir Look in
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
shall have the Land but for term of life for those words will carry no greater Estate If one will that his son J. shall have his Land after the death of his wife here the wife of the Devisor shall have the Land first for term of life So likewise if a man devise his goods to his wife and that after the decease of his wife his son and heir shall have the House where the goods are there the son shall not have the House during the life of the wife For it doth appear that his intent was that his wife should have the House also for her life notwithstanding it were not devised to her by express words If a Devise be to J. N. and to the Heirs females of his body begotten after the Devisee hath issue a son and daughter and dies here the daughter shall have the Land and not the son and yet he is the most worthy person and Heir to his father but because the Will of the dead is that the daughter should have it Law and Conscience will so also And herein the very Heathens were precise as appears by those Verses of Octavius Augustus which Donatus reports he made after Virgil at his death gave commandment that his Books should be burnt because they were imperfect and yet some perswaded that they should be saved as indeed they happily were to whom he answered thus Let Faith and Law be kept and what last Will Commandeth to be done we must fulfill Devoire DEvoire is as much as to say a Duty It is used in the Statute of 2 R. 2. ca. 3. where it is provided That all the Western Merchants being of the Kings amity shall pay all manner Customs and Subsidies and other Devoires of Caleis See the Stat. 5 Ejusdē Regis cap. 2. Devorce DEvorce or Divorce Divortium dictum est Diversitate mentium quia in diversas partes eunt qui distrahunt Matrimonium or else from the verb Diverto which signifies to return back because after the Devorce between the husband and wife he returns her again to her father or other friends or to the place from whence he had her And though Devorce was never approved of by the Divine Law but contrariwise prohibited as appears by this precept Let no man separate that which God hath joyned together yet in all ages and well-governed Common-wealths it hath been used and permitted As at this day with us there are divers causes for which the husband and wife may be devorced as first causa Praecontractus Therefore if a man marry with a woman precontracted and hath issue by her this issue in Law and in truth bears the surname of his father but if after the husband and wife be devorced for the Precontract there the issue hath lost his surname and is become a Bastard and nullius filius Cok. lib. 6. fol. 66. Devorce may be causa Frigiditatis and therefore if a man be married to a woman and after they are devorced causa Frigiditatis and then the man takes another wife and hath issue by her yet this issue is lawfull because that a man may be habilis inhabilis diversis temporibus and by the Devorce causa Frigiditatis the Marriage was dissolved a vinculo Matrimonii and by consequence either of them might marry again Cok. lib. 5. fol. 98. b. Also a man may be devorced causa Impubertatis or Minoris aetatis and in this case if two are married infra annos nubiles and after full age Devorce is had between them this dissolves the Marriage and the woman may arraign an Assise against the Husband for the Lands or Tenements given with her in Frank-marriage 19 lib. Assise Pla. 2. So Devorce may be had causa Professionis causa consanguinitatis causa Fornicationis and for many other causes too long to be now recited It is requisite that in the sentence of Devorce the Cause thereof be shewed because some Devorce dissolves the Matrimony that is to say a vinculo Matrimonii bastards the issue and barrs the wife of Dower and some a mensa thoro the which dissolves not the Matrimony nor barrs the Woman of Dower nor bastards the issue Devorce is a Iudgement spiritual and therefore if there be cause ought to be reversed in the Spiritual Court See Cok. lib. 7. Kenns Case If a Woman Copiholder of certain Land durante viduitate sua according to the Custome of the Mannor sows the Land and before the severance of the Corn takes a husband the Lord shall have the Emblements and not the husband But if a Lease be made to the husband and wife during the Coverture and the husband sows the Land and afterward they are devorced causa Praecontractus the husband shall have the Emblements and not the Lessor Dicker DIcker is a word used in the Statute of 1 Jacobi cap. 22. and it signifies the quantity of Ten Hides of Leather And it seems to come from the Greek word Decas which signifies Ten. Diem clausit extremum DIem clausit extremum is a Writ that lies where the Kings Tenant that hold in Chief dies then this Writ shall be directed to the Escheator to enquire of what Estate he was seised who is next Heir and his age and of the certainty and value of the Land and of whom it is holden and the Inquisition shall be returned into the Chancery which is commonly called The Office after the death of that persō And there is another Writ of Diem clausit extremum awarded out of the Exchequer after the death of an Accountant or Debtor of his Majestie to levy the Debt of his Heir Executor Administrators lands or goods Dietus datus DIes datus is a Respite given to the Tenant or Defendant before the Court Brook Tit. Continuance Dieta rationabilis DIeta rationabilis is sometimes used for a Reasonable Days journey as Bract. l. 3. patt 2. cap. 16. It hath in the Civil Law other significations which need not be here mentioned See Vocabul utriusque Juris Dieu son act DIeu son act these are words oftentimes used in our Law and it is a Maxime That the Act of God shall prejudice no man And therefore if a House fall down by Tempest or other Act of God the lessee for life or years shall not only be quit in an Action of Waste brought against him but hath by the Law a special interest to take timber to build the House again if he will for his habitation Cok. lib. 4. 63. lib. 11. 82. a. In like manner when the Condition of an Obligation consists of two parts in the disjunctive and both are possible at the time of the Obligation made and afterwards one of them becomes impossible by the Act of God the Obligor is not bound to perform the other part for the Condition shall be taken beneficially for him Coke lib. 5. 22. Dignitie Ecclesiastical DIgnitie Ecclesiastical is a phrase of speech used in the Statute of 26 Hen. 8.
Finite is that which is limited by Law how often it shall be made to bring the party to trial of the Action as once or twice Old Nat. Brev. f. 43. Distresse infinite is without limitation untill the party comes as against a Iury that refuses to appear upon Certificate of Assise the Process is a Venire facias Habeas corpora and distresse infinite Old nar Brev. f. 113. Then it is divided into the grand Distresse as Anno 52 H. 3. c. 7. which Fitzh calls in Latine Magnam Districtionem Nat. Brev. 126. a. and an ordinary distresse A grand Distresse is that which is made of all the goods and chattels which the party had within the County Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite idem fol. 80. with whom also the Statute of Marlbridge seems to agree Anno 52 H. 3. c. 7. 9 12. See the Old Nat. Brev. 71. b. Distringas DIstringas is a Writ directed to the Sheriff or any other Officer commanding him to distrain for a Debt to the King c. or for his appearing at a day See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men Of which see 1 Cro. Rep. 204. in t ' Reg. Inhabit ' de Epworth Dividend DIvidend is a word used in the Statute of Rutland Anno 10 E. 1. where it seems to signifie one part of an Indenture See Anno 28 ejusdem Stat. 3. c. 2. Divorce DIvorce See Devorce Docket DOcket is a Little piece of Payer or Parchment written that contains in it the effect of a Greater Writing See the Statute 2 3 P. M. c. 6. M. West part 2. tit Fines sect 106. calls it Dogget Dog-draw DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest There are four kinds of them observed by Manwood part 2. c. 18. num 9. of his Forest Laws that is Dog-draw Stable stand Back-bear and Bloudy-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound led in his hand Dogger DOgger is a kind of Ship Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven c. Doggermen Anno 2 H. 8. c. 4. Dole-fish DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance See the Statute Anno 35 H. 8. c. 7. Dominus litis IS the Advocate in the Civil Law who after the death of his Client prosecutes a Suit to sentence for the Executors use Domo reparan â—â— DOmo reparanda is a Vr. that lies for one against his neighbour by the fall of whose House he fears some hurt will come to his own Reg. orig fol. 123. Doom DOom from the Saxon Dom signifies Iudgment a word much used in References to Arbitrators Dooms-day DOoms-day is a Book that was written in the time of S. Edward the Confessor as the Author of Old Nat. Brev. saith fol. 15. and before in the title of Ancient demesne containing in it not only all the Lands through England but also all the names of those in whose hands they were at that time when the Book was made Lambert proves that this Book was made in the time of William the Conquerour with whom Cambden in his Britan. pag. 94. agrees proving it out of Ingulphus that flourished the same time who touching the contents thereof hath these words It describes the whole Land neither was there one Hide in all England whose Value and Possessour was unknown nor any Pool or place not describ'd in the Kings Roll and the Rent profits Possession it self and Possessor not made known to the King according to the fidelity of the Taxers who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English for its generality in that it contains all the Tenements contained throughout the Land it is surnamed Dooms-day And this Book is sometimes called Liber Judicatorius because in it is contained a diligent Description of the Kingdom and it expresses the value of all the ground thereof as well in the time of King Edward as in the time of King William under whom it was compiled Doomsman SEem to be Suitors in a Court of a Mannor in Auntient demesne who are Iudges there Donative DOnative is a Benefice meerly given and collated by the Patron to a man without either Presentation to or Institution by the Ordinary or Induction by his commandment F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis c. 11. num 1. hath these words But if Chappels founded by Lay-men were not approved of the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders Wherefore the founders and their Heirs may give such Chappels if they will without the Bishop M. Gwyn in the Preface to his Readings saith That the King might of antient time found a free Chappel and exempt it from the Iurisdiction of the Diocesan So also he may by his Letters Patents give licence to a common person to found such a Chappel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be deprivable by the Founder or his heir and not by the Bishop and this seems to be the original of Donatives in England Fitzherbert saith fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents And all Bishopricks were of the Foundation of the Kings of England and therefore in the antient time they were Donative and given by the Kings yet now the Bishopricks are become by the Grants of the Kings eligible by their Chapter Coke l. 3. f. 76. Donor and Donee DOnor is he who gives Lands or Tenements to another in tail and he to whom the same is given is called Donee Dorture DOrture is a common Room place or Chamber where all the Religious of one Covent slept and lay all night Anno 25 H. 8. cap. 11. Double Plea DOuble Plea is where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended and each one by it self is a sufficient Bar or Answer to the Action then such double Plea shall not be admitted for a Plea except one depend upon another and in such case if he may not have the last Plea without the first then such a double Plea shall be well received Double Quarel DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of
as to the Tenant that is the Feoffee And for this cause it is called in Latine Mortuum vadium as Littleton saith or rather Mortuum vas as I think Also if a Feoffment be made in Morgage upon condition that if the Feoffor pay such a sum at such a day c. and the Feoffor dies before the day yet if the Heir of the Feoffor pay the sum at the same day to the Feoffee and the Feoffee refuses it the Heir of the Feoffor may enter But in such case if there be no day of payment expressed then such Tender of the Heir is void because when the Feoffor dies the time of Tender is past otherwise the Heirs of the Feoffor shall have time of Tender for ever which would be inconvenient that one shall have a Fee-simple to him and his Heirs defeasible always at the pleasure and will of others But in the first case the time of Tender was not expired by the death of the Feoffor Mortmain MOrtmain where Lands are given to a House of Religion or to other Company Incorporate by the Kings Grant the Land is come into Mortmain that is in English a dead hand and then the King or the Lord of whom the Land is holden may enter as appears by the Statute de Religiosis And if one make a Feoffment upon trust to certain persons to the use of a House of Religion or to the use of any Guild or Fraternity Corporate it shall be said Mortmain and he shall incur the same penalty as appears by the Statute Anno 15 R. 2. Mortuary MOrtuary is that Beast or other Chattel moveable which after the death of the owner by the Custom of some places became due to the Parson Vicar or Priest of the Parish in lieu or satisfaction of Tithes or Offerings forgot or not well and truly paid by him that is dead See now the Statute of 21 H. 8. cap. 6. which â— imits the course and order of the payment of these Mortuaries or of money for them Mulier MUlier is a word used in our Law but how aptly I cannot say for according to the proper signification Mulier is a defiled Woman as it is used in Ulpianus thus Si ego me Virginem emere putarem cum esset Mulier emptio non valebat Whereby you may see Mulier is a Woman that hath had the company of a Man But to leave the right signification Mulier is taken in our Law for one that is lawfully begotten and born and is always contra-distinguished with Bastard only to shew a difference between them as thus A Man hath a Son of a Woman before Marriage that is a Bastard and Vnlawful and after he marries the Mother of the Bastard and they have another Son this second Son is called Mulier that is to say Lawful and shall be Heir to his Father but the other cannot be Heir to any man because it is not known nor certain in the Iudgment of the Law who was his Father and for that cause is said to be No mans son or the son of the people and so without Father according to these old verses To whom the People Father is to him is Father none and all To whom the People Father is well fatherless we may him call And always you shall find this addition to them Bastard eldest and Mulier youngest when they are compared together Muniments MUniments are Evidences or Writings concerning a Mans Possession or Inheritance whereby he is able to defend the Estate which he hath And they are fo called from the Latin word Munio which signisies to defend or fortifie And 35 H. 6. fol. 37. b. Wangford says That this word Muniment includes all manner of Evidences viz. Charters Releases and others Murage MUrage is a Toll or Tribute levied for the repairing or Building of Publick Walls See Fitz. Nat. Brev. fol. 227. D. and the Statute of 3 E. 1. cap. 30. Murder MUrder is a wilful Killing a Man upon Malice forethought and seems to come of the Saxon word Mordren which so signifies And Mordridus is the Murderer even until this day among them in Saxony from whence we have most of our words as hath been often said Or it may be derived of Mort and dire as Mors dira See Stanf. Pleas of the Crown lib. 1. Muster MUster comes of the French word Monstrer that is to shew for to Muster is nothing but to shew men and their Arms and to In â— ol them in a Book as appears by the Statute of 18 H. 6. cap. 39. N. Naam NAam is the Attaching or Taking of the moveable Goods of another man and is either lawful or unlawful Lawful Naam is a reasonable Distress according to the value of the thing for which the Distress is made See mo â— e of this in Horn's Mirror of Justices lib. 2. Nativo habendo NAtivo habendo is a Writ that lies where the Villain or Nief of the Lord is gone from him then the Lord shall have this Writ directed to the Sheriff to cause the Lord to have his Villain or Nief with all his goods In this Writ more Villians or Niefs may not be demanded then two but as many Villains or Niefs as will may jointly bring a Writ de Libertate probanda And if a Villain or Nief bring his Writ de Libertate probanda before the Lord bring this Writ then the Villain Plaintiff shall be in peace till the coming of the Iustices or else his Writ shall not help him Also if a Villain have tarried in ancient Demesne one year and a day without claim of the Lord then he cannot seise him in the said Franchise Naturalization NAturalization See Denizen Ne admittas NE admittas is a Writ directed to the Bishop at the Suit of one who is Patron of any Church and he doubts that the Bishop will collate one his Clerk or admit another Clerk presented by another man to the same Benefice then he that doubts it shall have this Writ to forbid the Sheriff to collate or admit any to that Church Negative Pregnant NEgative Pregnant is when an Action Information or such like is brought against one and the Defendant pleads in Bar of the Action or otherwise a Negative Plea which is not so special an answer to the Action but that it includes also an Affirmative As for example If a Writ of Entrie en casu proviso be brought by him in the Reversion of an Alienation by the Tenant for Life supposing that he hath aliened in Fee which is a Forfeiture of his Estate and the Tenant to the Writ saith He hath not alienated in Fee this is a Negative wherein is included an Affirmative for though it be true that he hath not aliened in Fee yet it may be he hath made an Estate in Tail which is also a Forfeiture and then the Entry of him in the Reversion is lawful c. Also in a Quare impedit the King makes Title to present to a