Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
19 Hen. 7. cap. 20. Afforest afforestare To turn Ground into Forest Charta de Foresta cap. 1. Anno 9 Hen. 3. See more in Forest Affray of the Fr. affros i. A fright Signifies a skirmish or fighting between two or more Lamb. in his Eirenarcha lib. 2. cap. 3. saith It is ofttimes confounded with Assault but they differ in this That an Assault is onely a wrong to the party an Affray is a common wrong And therefore both are enquirable and punishable in a Leet An Affray may also be without word or blow given As if a Man shew himself furnished with Armor or Weapons not usually worn it may strike a fear into others unarmed And so it is used An. 2 Edw. 3. cap. 3. Affri vel Affra Bullocks or Plough-Beasts Vicecomes liberet ei omnia catalla debitoris exceptis bobus Affris carucae Westm 2. cap. 18. And in Northumberland to this day they call a dull or slow Horse a False aver or Afâ—r Spelm. From whence also may come the word Heyfer for a young Cow Age aetas Fr. aage Signifies that part of Mans life which is from his birth to this or his last day But in Law it is particulary used for those especial times which enable Men or Women to do that which before for want of Age and consequently of Judgment they might not do These in a Man are two at Fourteen years he is at the Age of Discretion Twenty one years is his full Age. Littleton lib. 2. cap. 4. In a Woman there were six Ages observed First at Seven years of Age her Father might of old Distrain the Tenants of his Mannor for Aid to marry her For at those years she may consent to Matrimony Bracton lib. 2. cap. 36. numb 3. Secondly At nine years old she is Dowable for then or within half a year after she is able Promereri dotem virum sustinere Fleta lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years Thirdly At Twelve years she is able finally to ratifie and confirm her former consent to Matrimony Fourthly At Fourteen she is enabled to receive her Lands into her own hands and should be out of Ward if she were of this Age at her Ancestors death Fifthly At Sixteen years she should be out of Ward though at the death of her Ancestor she was under Fourteen The reason is Because then she might take a Husband able to perform Knights service Sixthly At Twenty one years she is able to alienate her Lands and Tenements Also at the Age of Fourteen a Man is enabled to chuse his own Guardian and to claim his Land holden in Soccage Dyer fol. 162. Which Bracton Lib. 2. limits at Fifteen years with whom Glanvile also agrees And at Fourteen a Man may consent to Marriage as a Woman at Twelve At the Age of Fifteen years a Man ought to be sworn to keep the Peace An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight that had Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage his estate which until that time he cannot do with security of those that deal with him The Age of Twelve years binds to appearance before the Sheriffs and Coroner for enquiry after Robberies Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Order of Religion without consent of Parents Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b. Age Prier aetatem precari or aetatis precatio Is a Petition or Motion made in Court by one in his minority having an Action brought against him for Lands coming to him by descent that the Action may rest till he come to full age which the Court in most Cases ought to grant This is otherwise in the Civil Law which enforceth Children in their minority to answer by their Tutors or Curators Agenhine See Hoghenhine Agent and Patient Is when one is the doer of a thing and the party to whom it is done As where a Woman endows herself of the fairest possession of her Husband Agist from the Fr. giste i. A Bed or Resting-place or from gister i. stabulari Signifies to take in and feed the Cattle of Strangers in the Kings Forest and to gather the Money due for the same Charta de Foresta cap. 9. The Officers that do this are called Agistors in English Guest or Gist-takers Crom. Jurisd fol. 146. These are made by the Kings Letters Patent and he hath four of them in every Forest where he has any Pawnage In what their Office consists see Manwood Part 1. Of Forest Laws p. 336. Their Function is termed Agistment as Agistment upon the Sea Banks Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground at a certain rate per week See 4 Part. Instit fol. 293. Agreement Agreamentum Plowden fol. 17. Is a joyning or putting together of two or more Mindes in any thing done or to be done and this is in three manners 1. An Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths which saith That the Goods bought by Forestallers being thereof attainted shall be forfeit to the King if the Buyer thereof have made Gree with the Seller where the word Gree which is otherwise called Agreement Executed signifies Payment for the things or Satisfaction The second is where one does an Act and another agrees or assents thereunto afterwards The third is when both parties at one time are agreed that such a thing shall be done in time to come which is Executory in regard the thing is to be done afterwards Aid auxilium Is all one in signification with the French aide and differs onely in pronunciation if we take it as it is used in our vulgar language But in our Laws it hath divers particular significations as sometimes it signifies a Subsidy An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Tenants to their Lords as toward the Relief due to the Lord Paramount Glanvile lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants for Knighting his eldest son at the age of fifteen years or marrying his daughter at seven Register of Writs fol. 87. a. And that at what rate themselves listed But the Statute of Westm 1. An. 3 Edw. 1. ordained a Restraint herein upon common persons being Lords and tied them to a constant rate And 25 Edw 3. Stat. 5. cap. 11. Provides that the rate set down by the former Statute should hold in the King
Laymen were not approved by 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 Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
from the Fr. Merci i. misericordia signifies the pecuntary punishment of an offender against the King or other Lord in his Court that is found to be in misericordia i. to have offended and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines These as they are taken for punishments are punishments certain which grow expresly from some Statute but Amerciaments are arbitrably imposed by Affeerors See Kitchin fol. 78. and 214. Manwood in his first part of Forest Laws pag. 166. makes another difference as if an Amerciament were a more easie or merciful penalty and a Fine more sharp and grievous Take his words If the Pledges for such a Trespass appear by common Summons and not the Defendant himself then the Pledges shall be imprisoned for the Defendants default But otherwise it is if the Defendant himself appear and be ready in Court before the Lord Justice in Eyre to receive his Judgment and to pay his Fine But if such Pledges make default they shall be Amerced but not Fined The Author of the New Terms of Law saith That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done for which he puts himself upon the mercy of the Lord Who also mentions an Amerciament Royal and defines it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the King by Justices for some offence Ratcliff Baron of the Exchequer 2 Hen. 7. fol. 7. See Misericordia Amortization amortizatio Fr. amortissement Est praediorum translatio in manum mortuam quod tamen sine venia Principis non fiat Jus amortizationis est privilegium seu licentia capiendi in manum mortuam In the Statute De libertatibus perquirendis Anno 27 Edw. 1. the word Amortisement is used See Mortmain Amortize from the Fr. amortir Is to Alien Lands or Tenements to any Corporation Guild or Fraternity and their Successors which cannot be done without Licence of the King and the Lord of the Mannor Anno 15 Rich. 2. cap. 5. See Mortmain and the Statute of Amortizing Lands made tempore Edw. 1. Amoveas manum See Ouster le Main An jour Waste Annus Dies Vastum Look Year Day and Waste Ancorage ancoragium A duty taken of Ships for the Pool of the Haven where they cast Anchor M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port without paying therefore to the Kings Officers appointed by Patent Ancestor antecessor Is well known but we make this difference betwixt that and Predecessor the first is applied to a natural person as I. S. Antecessores sui the other to a Body Politick or Corporate Episcopus Winton Predecessores sui Coke on Littl. Lib. 2. cap. 4. Sect. 103. Ancestrel As Homage Ancestrel i. Homage that hath been done or performed by ones Ancestors See Homage Ancient Fr. ancien In Greys-Inn the Society consists of Benchers Ancients Barrasters and Students under the Bar where the Ancients are of the more Ancient Barrasters In the Inns of Chancery there are onely Ancients and Students or Clerks and among the Ancients one is yearly the Principal or Treasurer In the Middle-Temple Ancients are such as are past their Reading and never read Ancient demean or demain vetus Patrimonium Domini Is a certain Tenure whereby all the Mannors belonging to the Crown in the days of Saint Edward or William the Conqueror were held The number and names of which Mannors as of all other belonging to common persons after a Survey made of them he caused to be written in a Book now remaining in the Exchequer and called Dooms-day And those which by that Book appear to have at that time belonged to the Crown and are contained under the Title Terra Regis are called Ancient Demesn Kitchin fol. 98. Of these Tenants there were two sorts one that held their Land frankly by Charter the other by Copy of Court-Roll or by Verge at the Will of the Lord according to the Custom of the Mannor Britton cap. 66. numb 8. The benefit of this Tenure consists in these Points 1. The Tenants holding by Charter cannot be impleaded out of their Mannor or if they be they may abate the Writ by Pleading their Tenure before or after answer made 2. They are free of Toll for all things concerning their Sustenance and Husbandry 3. They may not be empannelled upon any Enquest See more in Fitz. Nat. Br. fol. 14. d. fol. 228 c. By whom it appears these Tenants held originally by Ploughing the Kings Land plashing his Hedges or such like towards the maintenance of his Houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have Writs to such as take the Duties of Toll as likewise for Immunity of Portage Passage or such like No Lands ought to be accounted Ancient Demesn but such as are held in Soccage See Monstraverunt and Demain Ancienty Fr. anciennete i. ancientnes In the Statute of Ireland 14 Hen. 3. is used for Eldership or Seniority As The Eldest Sister can demand no more then her other Sisters but the chief Mease by reason of her Ancienty Andena A swath in Mowing See Dole Annats annates Are all one with First-fruits Anno 25 Hen. 8. cap. 20. The reason is because the rate of First-fruits paid of Spiritual Livings is after one years profit Annates more suo appellant primos fructus unius anni sacerdotii vacantis aut dimidiam eorum partem says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note Annates Primitiae and First-fruits are all one Cokes 12. Rep. fol. 45. See First-fruits Anniented from the Fr. aneantir i. To make void signifies as much as frustrated or brought to nothing Littleton lib. 3. cap. Warranty Anniversary days dies anniversarii Were of old those days wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church or the days whereon at every years end Men were wont to pray for the Souls of their deceased Friends according to the continued custom of Roman Catholicks mentioned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons as you may see in Lib. Rames Sect. 134. Annua pensione Is a Writ now difused whereby the King having an Annual Pension due to Him from an Abbor or Prior for any of His Chaplains whom He should think good to nominate being as yet unprovided of suffiliving demands the same of the said Abbot or Prior and also wills him for His Chaplains better assurance to give him His Letters Patent for the same Register of Writs fol. 265 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this in respect of their Foundation or Creation Anno Domini Is the computation of time from the
Licence granted at the Custom-house to Merchants or others to carry over such Stores or Provision as are necessary for their Voyage Custom-free Bill of Sufferance Is a Licence granted at the Custom-house to a Merchant to suffer him to trade from one English Port to another without paying Custom Anno 14 Car. 2. cap. 11. Billa vera Lat. The Bill is true The Grand Enquest Empanelled and sworn before the Justices of Eyre c. Endorsing a Bill whereby any crime punishable in that Court is presented to them with these two words signifie thereby that the presentor hath furnished his presentment with probable Evidence and worthy further consideration Whereupon the party presented is said to stand indicted of the Crime and tied to make answer to it either by confessing or traversing the Indictment And if the Crime touch his Life it is yet referred to another Enquest called the Enquest of Life and Death by whom if he be found guilty then he stands convict of the Crime and is by the Judge to be condemned to Death See Ignoramus and Indictment Billets of Gold Fr. Billot Wedges or Ingots of Gold mentioned 27 Edw. 3. Stat. 2. cap. 14. Bissextile Bissextilis leap-Leap-year so called because the sixth Calends of March are in that year twice reckoned viz. On the 24 25 of February So that Leap-year hath one day more than other years and is observed every fourth year being first devised by Julius Caesar to accommodate the year with the course of the Sun And to prevent all doubt and ambiguity that might arise hereupon it is provided by the Statute de Anno Bissextili 21 Hen. 3. That the day increasing in the Leap-year and the day next before shall be accounted for one day c. Britton fol. 209. and Dyer 17 Eliz. 345. Birlaw See Bilaw and Byrlaw Black maile Fr. Maille i A Link of Mail or a small piece of Metal or Money Signifies in the Counties of Cumberland Northumberland and Westmerland a certain rate of Money Corn Cattle or other consideration paid to some inhabiting upon or near the borders being persons of name and power allied with certain Moss-Troopers or known Robbers within the said Counties to be thereby by them freed and protected from the danger of those Spoil-takers Anno 43 Eliz. cap. 13. See Mail. Black Rod or Gentleman-Usher of the Black Rod is cheif Gentleman Usher to the King He is called in the Black Book fol. 255 Lator virgae nigrae and Hostiarius and elswhere Virgi-bajulus His duty is Ad port andam Virgam coram Domino Rege ad Festum Sancti Georgii infra Castrum de Windesore He hath also the keeping of the Chapter-house Door when a Chapter of the Order of the Garter is sitting and in the time of Parliament attends on the House of Peers He hath a like habit with the Register of the Order and Garter King of Arms which he wears at the Feast of S George and all Chapters He bears a Black Rod on the top whereof sits a Lion Gold which Rod is instead of a Mace and hath the same power and authority His Fee is now 30 l. per annum This Officer hath been anciently constituted by Letters Patent under the Great Seal Blade Bladum Fr. Bled Nostro foro de segete tantum intelligitur praesertim etiam in herba Spel. But the Saxon Blaed signifies more generally Fruit Corn Hemp Flax Herbs c. or the Branches or Leaves of Trees or Herbs Universis Wil. de Mohun salutem Sciatis me relaxasse quietum clamasse Domino Reginaldo de Mohan fratri meo totum Manerium meum de Torr Salvo mihi instauro meo blado c. sine dat i. e. Excepting my Stock and Corn on the Ground Hence Bladier is taken for an Ingrosser of Corn or Grain Sciant quod ego Willielmus Alreton consensu voluntate Beatriciae Uxoris meae Dedi Agathae Gille pro duabus Marcis Argenti una mensura bladi duas solidatas reditus in villa Leominstr illas scil quas Walterus de Luda solebat mihi reddere pro quadam terra quae est inter soldas Adae Talcurteis Feodum Johannis Rading Habend c. sinc dat Ex libro Cartar Priorat Leominstriae Blancks Fr. Blanc i. candidus A kinde of Money coyned by King Henry the Fifth in the parts of France which were then subject to England the value whereof was 8 d. Stows Annals pag. 586. These were forbidden to be current in this Realm 2 Hen. 6. cap. 9. The reason why they were called Blanks was because at the time these were coyned in France there was also a piece of Gold coyned called a Salus from which this of Silver was in name distinguished by the colour Blanck-Bar Is the same with that we call a Common Bar and is the name of a Plea in Bar which in an Action of Trespass is put in to compel the Plaintiff to assign the certain place where the Trespass was committed It is most used by the practisers in the Common Bench for in the Kings Bench the place is commonly ascertained in the Declaration Croke 2 Part. fol. 594. Blench To hold Land in Blench is by payment of a Penny Rose Pair of Gilt Spurs or such like thing if it be demanded In name of Blench i. Nomine albae firmae See Alba firma Blockwood See Logwood Blomary Anno 27 Eliz. cap. 19. The first Forge man Iron Mill through which the Iron passeth before it comes to the Finary Bloated Fish or Herring Anno 18 Car. 2. cap. 2. Are those which are half-dried Bloudy-hand See Backberend Bloudwit or Blodwite compounded of two Saxon words Blod i. sanguis and wita mulcta Is a word used in ancient Charters of Liberties and signifies an Amercement for shedding Blood so that whosoever had it given him in his Charter had the penalty due for Blood-shed Skene writes it Bloudveit and says veit in English is injuria and that Bloudveit is an Amerciament or unlaw as the Scotch call it for wrong or injury as Bloodshed is For he that hath Bloodveit granted him hath free liberty to take all Amerciaments of Courts for Effusion of Blood Fleta says Quod significat quietantiam misericordiae pro effusione sanguinis Lib. 1. cap. 47. Blodwite i. Si aliqui pugnantes ad invicem in Rudnam extraxerint sanguinem Prior habebit inde amerciamenta in Curia sua Ex Reg. Priorat de Cokesford Blubber Anno 12 Car. 2. cap. 18. A kinde of Whale-Oyl so called before it is throughly boiled and brought to perfection Boc-hord Sax. A place where Books Evidences Writings or other like Monuments are kept as the Rolls quasi Librorum horreum Bocland Sax. Terra haereditaria vel testimentalis quasi Book-land A Possession an Inheritance a Territory Farm or House with Land belonging to it held by Evidence in Writing Bocland verò ea possidendi transferendique lege coercebatur ut nec dari licuit nec vendi sed haeredibus
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies 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 order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
Hereotum militaris supellectilis praestatio quam obeunte vassallo Dominus reportavit in sui ipsius munitionem says Spelman And by the Laws of Canutus it appears that at the death of the great Men of this Nation so many Horses and Armes were to be paid as they were in their respective life-times obliged to keep for the Kings Service It is now taken for the best Beast a Tenant hath at the hour of his Death due to the Lord by Custom be it Horse Ox c. and in some Mannors the best piece of Plate Jewel or the best good Heriot is of two sorts First Hariot Custom where Hariots have been paid time out of mind by Custom after the death of Tenant for life 2. Hariot Service when a Tenant holds by such service to pay Heriot at the time of his death For this the Lord shall distrain and for the other he shall seize and not distrain If the Lord purchase part of the Tenancy Hariot Service is extinguish'd but not so of Hariot Custom Cokes 8 Rep. Talbots Case See Farley Hart Is a Stag of five years old compleat And if the King or Queen hunt him and he escape then is he called a Hart-Royal And if by such hunting he be chased out of the Forest Proclamation is commonly made in the places adjacent that in regard of the pastime the beast has afforded the King or Queen none shall hurt him or hinder him from returning to the Forest then is he a Hart-Royal Proclaimed Manwood Part 2. ca. 4. num 5. Harth-penny and Harth-stâ—ver See Chimney-Money and Peter-Pence Haubergets See Haberjects Haw from the Sax. Haga A small quantity of Land so called in Kent as a Hemphaw or Beanhaw lying near the House and enclosed for that use Sax. dict But I have seen an ancient MS that says Hawes vocantur mansiones sive domus And Sir Edw. Coke on Litt. fo 5 b. Says in an ancient Plea concerning Feversham in Kent Haws are interpreted to signifie Mansiones Haward See Hayward Hawberk or Haubert quasi Hautberg Fr. Haubert i. Lorica He that holds Land in France by finding a Coat or Shirt of Mayle when he shall be called is said to have Hauberticum feudum fief de Haubert Hauberk or Haubergion with our Ancestors did signifie as in France a Coat or Shirt of Mayle and it seems to be so used Anno 13 Edw. 1. Stat. 3. ca. 6. Hawkers Those deceitful Fellows who went from place to place buying and selling Brass Pewter and other Merchandise which ought to be utter'd in open Market were of old so called The word is mentioned Anno 25 Hen. 8. ca. 6. and 33 ejusdem ca. 4. We now call those Hawkers who go up and down London Streets crying News-books and selling them by retail and the Women who sell them by wholesale from the Press are called Mercury Women The Appellation of Hawkers seems to grow from their uncertain wandring like those who with Hawkes seek their Game where they can find it Haya Gal. Haye Sax. Hege A Hedge also a piece of Ground enclosed with a hedge Hayward from the Fr. Hay i. Sepes and Garde i. Custodia Signifies one that keeps the common herd of the Town and the reason may be because one part of his Office is to look that they neither break nor crop the hedges of enclosed Grounds He is a sworn Officer in the Lords Court the form of whose Oath you may see in Kitchin fo 46. Hazarders Are those that play at the Game at Dice called Hazard Hazardor communis ludens ad falsos talos adjudicatur quod per sex dies in diversis locis ponatur super collistrigium Int. Plac. Trin. 2. Hen. 4. Sussex 10. Headborow from the Sax. Head i. Sublimatus Borge fide jussor Signifies him that is chief of the Frankpledge and that had the principal government of them within his own pledge And as he was called Headborow so was he also called Burrowhead Bursholder Thirdborow Tithingman Chief-pledge or Borowelder according to the diversity of speech in several places Of this see Lambert in his explication c. verbo Centuria Smyth de Rep. Angl. lib. 2. ca. 22. The same Officer is now called a Constable See Constable Head-pence Was an exaction of 40 l. and more heretofore collected by the Sheriff of Northumberland of the Inhabitants of that County twice in seven years that is every third and fourth years without any account made to the King which was therefore by the Stat. 23 Hen. 6. cap. 7. Clearly put out for ever See Common Fine Head-silver See Common Fine Healfang or Halsfang Is compounded of two Saxon words Hals i. Collum and fang Captus paena scilicet qua alicui collum stringatur See Pillory Hearth-money See Chimney-money Heck Is the name of an Engin to take Fish in the River Owse by York Anno 23 Hen. 8. cap. 18. Heda A Haven or Port. Domesday Heir Haeres Is he that succeeds by right of Blood in any Mans Lands or Tenements in Fee for nothing passeth Jure Haereditatis but Fee By the Common Law a Man cannot be Heir to Goods or Chattels for Haeres dicitur ab Haereditate Every Heir having Land by descent is bound by the binding Acts of his Ancestors if he be named Qui sentit commodum sentire debet onus Coke on Littl. fol. 7 8. Last Heir See Last Heire-lome from the Sax. Heier i. haeres leome i. membrum Omne utensile robustius quod ab aedibus non facile revellitur ideoque ex more quorundam locorum ad haeredem transit tanquam membrum haereditatis Spelm. It comprehends divers implements of Houshold as Tables Presses Cupboards Bedsteads Furnaces Wainscot and such like which in some Countreys having belonged to a House certain descents and never inventoried after the decease of the owner as Chattels accrue by Custom not by Common Laws to the Heir with the House it self Consuetudo Hundredi de Stretford in Com. Oxon. est quod haeredes tenementorum infra Hundredum praedict existen post mortem antecessorum suorum habebunt c. Principalium Anglice an Heir-loome viz. De quodam genere catallorum utensilium c. optimum plaustrum optimam carucam optimum ciphum c. Coke on Littl. fol. 18. b. Hebber-man A Fisherman below London-bridge who fishes for Whitings Smelts c. commonly at Ebbing-water and therefore so called Mentioned in Art for the Thames-Jury Printed 1632. Hebbing-wears Mentioned in 23 Hen. 8. cap. 5. Are Wears or Engins made or laid at Ebbing-water for taking Fish Quaere Heisa servitium Inter Placita de temp Jo. Regis Northampton 50. Henchman Qui equo innilitur bellicoso From the German Hengst a War-horse With us it signifies one that runs on foot attending upon a Person of Honor or Worship Anno 3 Edw. 4. cap. 5. and 24 Hen. 8. cap. 13. It is written Henrman Anno 6 Hen. 8. cap. 1. Henghen Sax. Hengen A Prison Goal or House of Correction
purpose yet we stand Who so doth us any wrang In what place it fall Yet he must al 's wée le Al 's have I hap and héele Doe againe us all Sed perdonantur 28 ex eis Record continet quatuor Rotulos Ringhead Anno 43 Eliz. cap. 10. An Engin used in stretching Woollen Cloth Riot Fr. Riotte quod non solum rixam jurgium significat sed vinculum etiam quo plura in unum fasciculorum instar colligantur Signifies the forcible doing an unlawful act by three or more persons assembled together for that purpose West par 2. Symb. tit Indictments sect 65. The differences and agreements between a Riot Rout and Unlawful Assembly See in Lamb. Eiren. lib. 2. cap. 5. Stat. 1 Mar. cap. 12. and Kitchin fol. 19. who gives these Examples of Riots The breach of Enclosures Banks Conduits Parks Pounds Houses Barns the burning of Stacks of Corn c. Lamb. ubi supra mentions these To beat a Man to enter upon a Possession forcibly See Rout and Unlawful Assembly see also in Cromp. Justice of Peace divers Cases of Riots Anno 17 Rich. 2. cap. 8. and 13 Hen. 4. cap. 7. See Rout. Ripariae from Ripa a Bank in the Statute of Westm 2. cap. 47. Signifies the Water or River running between the Banks be it Salt or Fresh 2 Inst fol. 478. The word occurs also in Rot. Cart. 9 Edw. 2. num 12. Ripiers Riparii a Fiscella qua in devehendis piscibus utuntur Anglice a Ripp Are those that use to bring Fish from the Sea Coast to the inner parts of the Land Cam. Brit. pag. 234. Roather Beasts Anno 7 Edw. 6. cap. 11. See Rother-Beasts Robbery Robaria from the Fr. Robbe i. Vestis Is a Felonious taking away another Mans Goods from his Person Presence or Estate against his will putting him in fear and of purpose to steal the same West par 2. Symbol tit Indictments sect 60. This is sometimes called Violent Theft which is Felony of two pence Kitchin fol. 16. 22. See Cromptons Justice of Peace fol. 30. b. Robbers Robatores Were so called originally because they onely took away the Robes or Cloaths from Travellers Latrones validi qui in personas hominum insilientes bona sua diripiunt Robersmen or Roberdsmen Anno 5 Edw. 3. cap. 14. and 7 Rich. 2. cap. 5. Lambert interprets them to be Mighty Thieves Eiren. lib. 2. cap. 6. Sir Edward 〈…〉 ke in his Third Instit fol. 197. says Robin-Hood lived in Richard the First 's time in the Borders of England and Scotland by Robbery burning Houses Rape and Spoil c. And that these Roberdsmen took name from him Kod Roda terrae Is otherwise called a Pearch and is a measure of sixteen foot and a half long and in Staffordshire twenty foot to measure Land with See Pearch Rod Knights alias Rad Knights from the Sax. rad angl Road i. Equitatus tnyt i. puer minister famulus quasi pueri vel ministri equitantes Were certain Servitors who held their Land by serving their Lords on Horsback Debent equitare cum Domino suo de Manerio in Manerium vel cum Domini Uxore Bracton lib. 2. cap. 35. num 6. Not much unlike our Retainers Rose-tyle alias Creast-tyle Is that Tyle which is made to lay upon the Ridge of the House Anno 17 Edw. 4. cap. 4. Rogue Rogus from the Fr. Rogue Arrogans Signifies an idle sturdy Beggar who wandring from place to place without Pasport after he hath been by Justices bestowed or offered to be bestowed on some certain place of aboad is worthily so called who for the first offence is called A Rogue of the first degree and punished by whipping and boring through the Grissel of the Right Ear with a hot Iron an inch in compass and for the second offence is called A Rogue in the second degree and put to death as a Felon if he be above eighteen years old See the Stat. 14 Eliz. cap. 5. and 18 Ejusdem cap. 3. and Anno 36 cap. 17. See Lamb. Eiren. lib. 4. cap. 4. Rogus Lat. A great Fire also a Pile of Wood. Mandatum est constabulario castri de Divis. Et custodi Forestae de Cippeham quod fieri fac unum Rogum in Foresta praedicta ad operationes Castri praedicti prout melius viderit expedire c. T. x Maii. Claus 54 Hen. 3. m. 8. Rogus cum comburitur pira est congeries lignorum ad comburendum Vocab utriusque Juris Roll Rotulus Signifies a Schedule of Paper or Parchment which may be turned or wound up with the hand to the fashion of a Pipe Of which there are in the Exchequer several kindes as the Great Wardrobe Roll the Cofferers Roll the Subsidy Roll c. Of which see the Practice of the Exchequer Court fol. 75. Rider-Roll Noys Reports fol. 84. The Court Ex Officio may Award a Certiorari ad informandam conscientiam and that which is certified shall be annexed to the Record and is called a Rider Roll. Or a Rider Roll is a Schedule or small piece of Parchment not seldom sewed or added to some part of a Roll or Record Rolls or Office of the Rolls in Chancery-lane anciently called Domus Conversorum Was an House built or appointed by King Henry the Third for such Jews as were converted to the Christian Faith But King Edward the Third in the One and fiftieth year of His Raign expulsed them for their wickedness and deputed the place for the Custody of the Rolls and Records of the Chancery the Master whereof is the second person in Chancery and in the absence of the Lord Chancellor or Lord Keeper sits as Judge being commonly called The Master of the Rolls Romefeoh Romepeny Sax. romfeoh i Nummus Romae datus nam feoh est nummus pecunia stipendium rompening Romae Denarius Pening enim hodie A peny est Denarius Vide Romescot Romescot Romefeoh vel Romefee Rome-peny alias Denarius Sancti Petri Hearthpony Is compounded of Rome and Scot from the Sax. sceat i. Census pecunia quasi nummus Romae dicatus It was an annual tribute of one peny from every family or houshold paid yearly to Rome at the Feast of St. Peter ad Vincula 1 Aug. It was given by Inas King of the West-Saxons Anno 725. as an Alms being in Pilgrimage at Rome and was prohibited in the days of Edward the Third It amounted to Three hundred Marks and a Noble yearly Romfeoh in Festo Sancti Petri ad Vincula debet reddi Qui supra tenebit reddat Episcopo Denarium illum 30 Denarios addat Regi 50 solidos LL. Hen. 1 cap. 12. See Peter-pence Rood of Land Rodata Terr◠Is the fourth part of an Acre Anno 5 Eliz. cap. 5. Rother-Beasts Sax. Hryther Under this Name are comprehended Oxen Cows Steers Heyfers and such like Horned-Beasts Anno 21 Jac. cap. 28. And in Herefordshire the Dung of such Beasts is still called Rothersoyl Rotulus Wintoniae Domesday
be accounted of than a VVoolfs head LL. hdw. set forth by Lamb. fo 127. b. num 7. and Bracton lib. 3. Tract 2. ca. 11. See Utlary Vâ—oolfeshead VVulferford are all one Coke on Litt. fo 28 b. Wyke VVyka A Farm or little Village Et tutam Wykam cum hominibus c. Mon. Angl. 2 Par. fo 154. Wyte or Wite VVyta vcl VVita Sax. Æ¿ite i. Paena mulcta Saxones duo mulctarum genera statuere Weram Wptam Wera mortis reos gravissime peccantes liberabat Wyta mediis levioribus delictis statuta fuit non certa sed pro qualitate commissi alias gravior alias levior salvo tamen semper contenemento delinquentis ut lex loquitur in Mag. Char. ca. 14. hoc est aestimatione ejus Anglice his Countenance Ex his placitis quaedam emendantur centum solidis quaedam Wera quaedam Wyta quaedam emendari non possunt Leg. Hen. 1. ca. 13. Emendet juxta ordinis diguâ—tatem sive per redemptionem i. Were per forisfacturam i. Wite per Legis transgressionem i. Lasblite MS. de LL. Canuâ—i in Bibl. Cotton sub tit Vitellius C. 9. X. XEnia Dicuntur munuscula quae 〈◊〉 Provincialibus Rectoribus Provinciarum offerebantur Vox in Privilegiorum Chartis non insueta ubi quietos esse a Xeniis inmunes notat ab hujusmodi muneribus aliisque Donis Regi vel Reginae praestandis quando ipsi per praedia Privilegiatorum transierint ut in Chart. Domus Semplingham Principibus enim olim fuit in more a subditis vel invitis munera extorquere Itaque ab hoc jugo liberos fecit Ecclesiasticos Aethelbaldus Rex Merciorum Anno 749. ut ab exemplari Chartae suae cum apud Ingulphum Saxtum Wil. Malmsb. Lib. de Gestis Reg. Angl. p. 29. l. 4. His verbis habetur Concedo ut omni Monasteria Ecclesiae Regni mei a publicis vectigalibus operibus oneribus absolvantur Nec munuscula praebeant Regi vel Principibus nisi voluntaria Spelm. Nulla autem persona parva vel magna ab bominibus terrae Radingensis Monasterii exigat non equitationem sive expeditiunem non summagia non vectigalia non navigia non opera non tributa non Xenia c. In Memorand Scacc. de Anno 20 Edw. 3. Trin. Rot. 3. Y. YA Nay Quod homines sui Riponienses sint credendi per suum Ya per suum Nay in omnibus querelis Curiis licet tangen Fréedmortel c. Carta Athelstani Regis Yard Virga Is a well known measure of three foot in length which according to Sir Richard Baker Henry the First ordained by the length of his own Arm. See Virga Terrea Yard Land Virgata Terrae a Sax. gyrd i. Virga Is a quantity of Land various according to the place As at Wimbleton in Surrey it is but 15 Acres in other Counties 20 in some 24 in some 30 and in others 40 Acres Virgata terrae continet 24 acras 4 virgatae constituunt unam Hidam quinque Hidae constituunt feodum militare MS. Abbatiae Malmsb. This Yardland Bracton lib. 2. cap. 10. 27. calls Virg 〈…〉 m Terrae but expresseth no certainty what it contains It is called a Verge of Land Anno 28 Edw. 1. Statute of Wares See Seldens Titles of Honor fol. 622. Year and day Annus dies Is a time that determines a right in many cases and is in some an usucaption and in others a prescription as in case of an Estray if the owner Proclamation being made challenge it not within that time it is forfeit So is the year and day given in case of Appeal of Descent after entry or claim of Non claim upon a Fine or Writ of Right of the death of a Man sore bruised or wounded of Protections Essoigns in respect of the Kings Service of a Wreck and divers other cases Coke Vol. 6. fol. 107. b. and 3 Inst fol. 53. Year Day and Waste Annus dies vastum Is a part of the Kings Prerogative whereby he challengeth the profits of their Lands and Tenements for a year and a day that are attainted of Petit-Treason or Felony whosoever is Lord of the Mannor whereto the Lands or Tenements do belong and not onely so but in the end may waste the Tenement destroy the Houses Root up the Woods Gardens Pasture and Plough up Meadows except the Lord o the Fee agree with him for redemption of such Waste afterwards restoring it to the Lord of the Fee whereof you may read at large Stamf. Praerog cap. 16. fol. 44. Yelding or Yéelding and Paying Reddendo solvendo Is a corruption from the Sax. geldan and gyldan Sulvere praestare And in Domesday Gildare is frequently used for solvere reddere the Saxon g being often mistaken into Y. Yeme Is an ancient corruption of Hieme Winter as I have seen in an old Deed Reddend Ad Festum S. Martini in Yeme c. And in another of 4 Edw. 3. Thus Reddend quando dict quatuor acrae terrae sâ—miaantur somine Yemali duodecim Bussel boni legalis frumenti ad Festum Purificationis c. Yeven or Yeoven as we use at the end of Indentures and other Instruments Yeoven the day and year first above written Is a corruption from the Saxon Geofian i. Dare and is the same with Given So Dictum de Kenelworth concludes with Yeoven and proclaimed in the Castle of Kenelworth the day before the Calends of Nov. Anno 1256. Yeman or Yoman from the Sax. geman i. Communis These Camden in his Britan pag. 105. placeth next in order to Gentleman calling them ingenuos whose opinion the Statute affirms Anno 6 Ric. 2. cap. 4. And 20 Ejusdem cap. 2. Sir Tho. Smith in his Repub. Angl. lib. 1. cap. 23. calls him a Yoman whom our Laws call Legalem hominem which says he is in English a Freeman born that may dispend of his own Free-land in yearly Revenue to the sum of Forty shillings Sterling Verstegan in his restitution of Decayed Intelligence cap. 10. writes That Gemen among the ancient Teutonicks and Gemein among the Modern signifies as much as Common and that the first Letter G. is in this word as in many others turned into Y. and so written Yemen which therefore signifies Commoner Yoman signifies also an officer in the Kings House in the middle place between the Serjeant and the Groom as Yoman of the Chaundry Yoman of the Scallery Anno 33 Hen. 8. cap. 12. Yoman of the Crown Anno 3 Edw 4. cap. 5. The word Yongmen is used for Yomen in the Statute of 33 Hon. 8. cap. 10. And I have seen it written Jeman in old Deeds See Jeman Yingeman LL. Hen. 1. cap. 16. Danagildum quod aliquando Yingeman dabatur i. 12 d. de unaquaque hida per annum si ad terminum non reddatur Wita emendetur The Learned Spelman thinks this may possibly be mistaken for Inglishman or Englishman though he