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
the Law gives much credit and authority to Coroners Corporation Corporation is a permanent thing that may have succession And it is an Assembly and joyning together of many into one Fellowship Brotherhood and mind whereof one is Head and chief the rest are the Body and this Head and Body knit together make the Corporation And of Corporations some are Spiritual some Temporal and of Spiritual some are Corporations of dead persons in Law and some otherwise and some are by authority of the King only and some have been of a mixt authority And of those that are Temporal some are by the authority of the King also and some by the Common Law of the Realm Corporation Spiritual and of dead persons in the Law is where the Corporation consists of an Abbot and Covent which had beginning of the King and the Pope when he had to do here Corporation Spiritual and of able persons in Law is where the Corporation consists of a Dean and Chapter Master of a Colledge or Hospital and this Corporation had beginning of the King only Corporation Temporal by the King is where there is a Mayor and Commonalty Corporation Temporal by authority of the Common Law is the Assembly in Parliament which consists of the King the Head of the Corporation the Lords Spiritual and Temporal and the Commons of the Realm the Body of the Corporation Bodies politick BOdies politick are Bishops Abbots Priors Deans Parsons of Churches and such like which have succession in one person only If land be given to a Maior and Commonalty for their lives they have an Estate by intendment not determinable So it is if a Feoffment be made of land to a Dean and Chapter without speaking of Successors Release of a Mayor for any summ of money due to the Corporation in his own name is not good in Law In case of a sole Corporation or Body politick as Bishop Parson Vicar Master of Hospital c. no Chattel either in action or possession shall go in succession but the Executors or Administrators of the Bishop Parson c. shall have them for Succession in a Body politick is as Inheritance in case of a body private But otherwise is in case of a Corporation composed of many as a Dean and Chapter Mayor and Commonalty and such like for there they in judgement of the Law never die Yet the case of the Chamberlain of London differs from all these and his Successors may in his own name have Execution of a Recognisance acknowledged to his Predecessor for Orphanagemoney and the reason is because in this case the Corporation of the Chamberlain is by Custome and the same Custome that hath created him and made a Corporation in Succession as to the said special purpose concerning Orphanage hath enabled the Successor to take such Recognisances Obligations c. that are made to his Predecessor And this Custom is founded upon great reason for the Executors or Administrators of the Chamberlain ought not to intermeddle with such Recognisances Obligations c. which by the said Custom are taken in the corporate capacity of the Chamberlain and not in his private But a Bishop Parson c. or any sole Corporation that are Bodies politick by prescription cannot take a Recognisance or Obligation but only to their private and not in their politick capacity for they want Custome to take a Chattel in their politick or corporate capacity Corpus cum Causa or Habeas Corpus COrpus cum Causa is a Writ issuing out of the Chancery to remove both the body and the Record of the Cause of any man lying in Execution upon a Iudgement for Debt into the Kings Bench c. there to lie till he have satisfied the Iudgement Fitzh Nat. Brev. fol. 251. e. It lies also to remove any Action from inferiour Courts of Record into any of the 3 Courts in Westm Corruption of Blood COrruption of Blood is when any one is attainted of Felony or Treason then his Bloud is said to be corrupt by means whereof neither his children nor any of his bloud can be heirs to him or to any other Ancestor for which they ought to claim by him And if he were a Noble or Gentleman before he and all his children are made thereby ignoble and ungentle having regard to the Nobility or Gentry they claim by their father which cannot be restored by the Kings Grant without authority of Parliament But if the King will pardon the offendor it will cleanse the corruption of the Blood of 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 afterwards but so cannot they who were born before the Pardon Also he that is attainted of Treason or Felony shall not be heir to his father but this disability shall hinder others to be heir so that during his life the land shall rather escheat to the Lord of the Fee then discend to another But if he who is attainted dies without issue of his body during the life of his Ancestor then his younger Brother Sister or Cousin shall inherit for if the eldest Son be hanged or abjure the Realm for Felony during the life of the Father it is no impediment but that the youngest Son may inherit 27 Edw. 3. c. 77. And if he who is attaint of Treason or Felony in the life of his Ancestor purchase the Kings Pardon before the death of his Ancestor yet he shall not be Heir to the said Ancestor but the Land shall rather escheat to the Lord of the Fee by the Corruption of bloud 26 Ass pla 2. But if the eldest son be a Clerk convict in the life of his Father and after his Father dies in this case he shall inherit his Fathers Land because he was not attainted of Felony for by the Common Law he should inherit after he had made his Purgation And now by the Statute of 18 El. cap. 6. he shall be forthwith enlarged after burning in the hand and delivered out of prison and not committed to the Ordinary to make his Purgation but he is in the same case as if he had made his Purgation If a man that hath Land in right of his wife hath issue and his Bloud is corrupt by Attainder of Felony and the King pardons him in this case if the wife dies before him he shall not be Tenant by the courtesse for the corruption of the blood of that issue But it is otherwise if he hath issue after the Pardon for then he shall be Tenant although the issue which he had before the Pardon be not inheritable 13 H. 7. c. 17. If a man seised of Land hath issue two sons and the eldest is attainted in the life of his Father of Felony and therefore executed or otherwise dies during the life of his Father and after the Father dies seised the Land shall descend to the youngest son as Heir unto his Father if
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.
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
Statute of 2 3 E. 6. c. 14. and it is all one with an Harquebuze Hariot or Heriot HAriot is of two sorts Hariot Custome and Hariot Service Hariot Service is often expressed in a mans Grant or Deed that he holds by such Service to pay Hariot at the time of his death And this Hariot is payable after the death of the Tenant in Fee-simple Hariot Custom is where Hariots have been paid time out of mind by Custom And this may be after the death of the Tenant for life c. But to speak thereof generally Hariot is the best Beast whether it be Horse Ox or Cow that the Tenant had at the time of his death And a Distress may be either seised or taken for it whether it be Hariot Service or Hariot Custom to the Lords use of whom the Tenant held by his Bayliff or other Officers But of right neither the Lord nor his Officer should take Hariot before it be presented at the next Court holden after the Tenant is dead that such a Beast is due for his Hariot Haward HAward or Hayward is an Officer appointed in every Town to be the Common Herd of the Town and he is so called either for that it is one part of his Office to keep the Hedges of inclosed Grounds so that they be not cropped or broken down or because he keeps the Grass from hurt and destruction of Cattel so that Hay may be made thereof He is an Officer sworn in the Lords Court For which Oath see Kitch fol. 46. Hawkers HAwkers is a word used in the Statutes 25 H. 8. cap. 9. and 33 Hen. 8. cap. 4. for Tinkers that go from place to place through the Country and by colour of the Kings Letters Patents or Placards buy and sell Brass and Pewter and cozens the Kings people both in the weight and in the stuff Hey-bote or Hedge-bote HEy-bote ou Hedge-bote is necessary Stuff to make and mend Hedges which the Lessee for years or for life of common right may take upon the Ground to him leased although it be not expressed in his Lease and although it be a Lease by Word without Writing Heybote also may be taken for necessary Stuff to make Rakes Forks and such like Instruments wherewith men use in Summer to redde and make Hay And so Lessee for years took it and it was allowed him by his Lessor the rather as I suppose for that such Instruments are commonly made of slendtr Vnder-wood which by the Common Law the Lessee for years may cut and take as aforesaid Head-borow HEad-borow is compounded of two words Heofed id est Head and Borhe id est Pledge So that Head-borow signifies the chief of the three Pledges in a Decennary within a Lect or he that had the Government of those that are within his own Pledge And he was called Head-borough or Borow-head or Boroughs-holder or Third-borough or Tithing-man or Chief-Pledge or Borow-Elder according to the diversity of speech in divers places And to this day he is now called a Constable Head-silver HEadsilver See Common Fine Heireloome HEireloome is any piece of Houshold-stuff which by the Custom of some Countries having belonged to a House for certain discents goes with the House after the death of the Owner unto the Heir and not to the Executors Herbage HErbage is the Fruit of the Earth provided by Nature for the bit or mouth of the Cattel But it is commonly used for a Liberty to feed ones Cattel in anothers mans ground as in the Forest c. Cromp. Juris fol. 197. Heretico or Haeretico comburendo HAEretico comburendo is a Writ that lies against him who is an Heretick that is who having been once convicted of Heresie by the Bishop and having abjured it afterwards falls into it again or into some other and is thereupon committed to the Secular Power And Brit. lib. 1. cap. 17. saith That by the Common Law those persons who Feloniously burn the Corn or Houses of others Sorcerers and Sorcecesses Sodomitical persons and Hereticks should be burnt and consumed This Writ is taken away by the Statute of K. C. 2. Hermitage Hermite HErmite is a Religious Man who devotes himself to live solitary in any private Place Church Monastery c. And his place is called an Hermitage And of it a Prohibition lies Nat. Br. 34. G. Hidage HIdage is to be quit if the King shall tax all the Land by Hides Note that a Hide of Land is a whole Plough-land And this kind of Taxing by Hides was much used in old time as well for provision of Armour as payments of Money and that chiefly in King Etheldred's days who in the year of Christ 1006. when the Danes landed at Sandwich in Kent taxed all his Land by Hides thus That every 310 Hides of Land should find one Ship furnished and every eight Hides should find one Iack and one Saddle for the defence of the Realm Hoblers HOblers are mentioned in the Statute of 25 E. 3. Stat. 5. cap. 8. to be such men as by their Tenure are bound to keep a little Nag to give notice of any Invasion or other danger that happens near the Sea-side where they dwell Hoghenhine HOghenhine is he who comes Guest-wise to a house and there lies the third night after which time he is accounted one of his Family in whose house he lies and if he offend the Kings Peace his Host must be answerable for him Bract. lib. 3. tract 2. cap. 10. In the Laws of King Eâ—ward set forth by Lambert he is called Agenhine where you may read more of this matter Homage HOmage in our Books is twofold viz. Homagium ligeum and that is as much as Ligeance of which Bracton speaks lib. 3. cap. 35. fol. 79. Soli Regi debetur sine Dominio seu Servitio And the other is Homagium feudale which hath his original by Tenure In Fitzh N. B. fol. 269. there is a Writ for respiting this later Homage which is due by reason of the Fee or Tenure But Homagium ligeum is inherent and inseparable and cannot be respited Homage by reason of Fee or Tenure is defined to be a Service which shall be made in this manner The Tenant in Fee or Fee-tail that holds by Homage shall kneel upon both his knees ungirded and the Lord shall sit and hold the hands of his Tenant between his hands and the Tenant shall say I become your man from this day forward of life and member and of earthly honor and to you shall be faithful and true and shall bear to you faith for the Lands that I claim to hold of you saving that Faith I owe to our Lord the King and then the Lord so sitting shall kiss him How Fealty shall be done look before in Fealty The Steward of the Lord may take Fealty but not Homage See the Statute 12 Car. 2. cap. 24. Homage auncestrel HOmage auncestrel is where a man and his Ancestors time out of mind held
who is therefore called the Incumbent of that Church because he doth bend all his study to the discharge of the Cure there Indicavit INdicavit is a Writ or Prohibition that lies for the Patron of a Church whose Clerk is Defendant in Court-Christian in an Action for Tithes commenced by another Clerk and extending to the fourth part of the Church or of its Tithes in which case the Suit belongs to the Kings Court by Westm 1. c. 5. Wherefore the Defendants Patron being like to be prejudiced in his Church and Advowson if the Plaintiff obtain in the Court-Christian has this means to remove it to the Kings Court Reg. orig fol. 35. and Britton c. 109. This Writ is not returnable but if they cease not their Suit he shall have an Attachment Inditement INditement See Enditement Indorsement INdorsement is that which is written upon the Back of a Deed as the Condition of an Obligation is said to be indorsed because it is commonly written on the Back of the Obligation Induction INduction is a lay act made by prescept of the Ordinary by which actual possession of the Church is given to the Rector or Vicar after his Presentation and Institution to it Infangtheef INfangtheef is a Priviledge or Liberty granted to Lords of certain Mannors to judge any Thief taken within their Fee Information INformation for the King is that which for a common person is called a Declaration and is not always done directly by the King or his Attorney but rather by some other man who sues as well for the King as for himself upon the breach of some penal Law or Statute wherein a Penalty is given to the party that will sue for the same but no Action of Debt to recover it therefore it must be had by Information Ingrosser INgrosser comes of the French word Grosier that is one that sells by Whole-sale But in our Law an Ingrosser is one that buys Corn Grain Butter Cheese Fish or other dead Victuals with an intent to sell the same again And so he is defined in the Stat. of 5 E. 6. c. 14. made against such Ingrossing Inheritance INheritance See Enheritance Inhibition INhibition is a Writ to inhibit a Iudge to proceed farther in the Cause depending before him And there is another Writ where after the Kings Presentment to a Benefice he presents another and inhibiteth the Bishop to give Induction to the first Presentee Plo. Com. 528. See F. N. B. f. 39. where he puts Prohibition and Inhibition together Inhibition is most commonly a Writ issuing forth of an higher Court-Cheistian to a lower and inferiour upon an Appeal Anno 24 H. 8. c. 12. and Prohibition out of the Kings Court of Record at Westminster to a Court-Christian or to an inferiour Temporal Court Injunction INjunction is an interlocutory Decree out of the Chancery sometimes to give Possession to the Plaintiff for defect of Apparance in the Defendant sometimes to the ordinary Courts of the King and sometimes to the Court-Christian to stay Proceeding in a Cause upon suggestiou made that if the rigor of the Law take place it is against Equity and Conscience in that Case See West part 2. tit Proceedings in Chancery sect 25. Inlagary INlagary or Inlagation is a Restitution of one outlawed to the Kings Protection or to the benefit condition of a Subject Inlaugh INlaugh signifies him that is sub Lege in some Frank-pledge not out-lawed of whom see Bract. l. 3. tract 2. c. 11. Inmates INmates are those persons of one Family that are suffered to come and dwell in one Cottage together with another Family by which the poor of the Parish will be increased And therefore by the Statute of 31 Eliz. c. 7. there is a Penalty of ten shillings a Month set upon every one that shall receive or continue such an Iumate Inquisition INquisition See Enquest Inrolment INrolment is the Registring Recording or Entring of any Act or Deed in the Chancery or elsewhere as of a Recognizance Fine Statute or Deed indented by the Statute of 27 H. 8. c. 16. by which a Freehold shall pass Instant INstant in Latine Instans is defined by the Logicians A thing not dividable in Time which is not any Time nor part of Time to which yet the parts of time are conjoyned and much considered in the Law and though it cannot be actually divided yet in consideration and conceit it may be divided and applied to several purposes as if they were several times whereof see in Plowdens Commentaries in the Case between Fulmerston and Stuard where the Statute of 31 H. 8. which Enacted That if an Abbot within a year before the Statute had letten Lands to one who at the time of making that Lease had the same Land to farm for a term of years then not expired that the Lessee should have that Land only for twenty one years is expounded And there it is debated That when the Termor takes the second Lease he surrenders his former term and so at the same instant of taking the second Lease the former term is expired And in the Case between Petit and Hales he who kills himself commits not Felony till he be dead and when dead he is not in being so as to be termed a Felon but at the instant is in the Law so adjudged And there are many other Cases in Law where the instant time that is not dividable in nature in the consideration of the mind and understanding of the Sages of the Law is divided upon which arise many arguments of great use and profound learning Institution INstitution is a Faculty made by the Ordinary by which a Vicar or Rector is approved to be Inducted to a Rectory or Vicarage Interdiction INterdiction has the same signification in the Common as in the Canon Law where it is thus defined Interdictio est Censura Ecclesiastica prohibens administrationem Divinorum And so it is used 22 H. 8. cap. 12. Intrusion INtrusion is a Writ that lies against him that enters after the death of Tenant in Dower or other Tenant for Life and holds out him in the Reversion or Remainder for which see Fitz. N. B. fol. 203. E. And every entry upon the possession of the King is called an Intrusion as where the Heir of the Kings Tenant enters after Office and before Livery this is called an Intrusion upon the King as appears in Stanf. Prerog fol. 40. and many other Books Intrusion INtrusion See Entrusion Inventary AN Inventary is a Catalogue or Recital in Writing of all the Goods and Chattels of one that is dead with the Valuation of them by four several persons which every Executor and Administrator ought to exhibit to the Ordinary at the time appointed Jointenans JOintenants are where two men come to any Lands and Tenements by one joynt Title as if a man give Lands to two men and to their Heirs Tenants in common are where two have Lands by several Titles or by Feoffment to two