definitiō of villenage is villein of bloude and of tenure And it is he of whome the Lord taketh redemptyon to mary his daughter to make him frée it is hée whom the lord may put out of his lāds and tenements at his wil alsoe of al his goods and cattel And note wel y t a sokmā is no pure villeine nor a villeine oweth not ward mariage nor reliefe nor to do any other seruices real And note wel that the tenure in vyllenage shall make noe frée man villeine if it be not continued sith tyme oute of mynde nor vyllayn land shal make no frée manne villeine nor frée lande shall make noe villeine frée except that the tenāt haue contynued frée sith the tyme of noe minde but a villeine shal make frée land villein by seysin or claime of y e lord And note wel that if a villain purchase certaine land take a wife alien and dieth before the claime or seysin of y e lord y e wife shalbée endowed And note wel y t in case that the lord bring a Precipe quod reddat against the alien the which voncheth to warraunt the issue of the villaine which is villeine to the Lorde hée shal haue the voucher by protestation y e Lorde may say that notwithstandinge that hee plede with his villeine yet his villeine shall not bée enfraunchised And note well that a bastarde shall neuer bee iudged bylleyne but by knowledge in court of recorde And note well that if det be due by a Lord to a free man and he maketh two men his executours the which bée villeynes to the sayed Lorde and dyeth the villeines shall haue an actyon of dette agaynst their Lorde notwythstandinge that he plede with them And if he make protestation they shall not bée for so much enfraunchised for that that they be to recouer the dette aforesaid to the vse of an other person that is to say to the vse of their testatour and not to their owne vse And if the tenāt in dower haue a villeine which purchaseth certaine land in fee and after the tenaunt in dower entreth shée shal haue the land to her to her heires for euer more the same lawe is of tenaunt for terme of yeres of a villein And note wel that the Lorde may roble his villain bete and chastice at his wil saue onely that he may not maime him for then he shal haue appell of mayme agaynste him ¶ And note well that a villaine may haue iij. actions against his lorde y t is to say appel of death of his aunce stour appel of rape don to his wife appel of maime And note well if two parceners bring a writ of Nyefe one of thē be nonsute the nonsuite of hym shalbée iudged y t consuit of them both soe that if the non-suite be after apparance they shalbée put oute from that actiō for euer for the lawe is such in fauour of liberty And note well if two haue a vylleine in comen one of them make to him a manumission he shal not be made frée against both And note wel that in a writ de Natiuo habendo it behoueth that the lorde shewe howe hee cōmeth priuy of the bloode of the villeine of whome hée is Lorde c. And if hée nor none of hys auncestours were not seysed of none of hys blood he shall not wynne by his action if y ◠villein haue not knowledged in court of record him selfe to bée his villein And note wel that in a writ of Niefe may not be put more niefes then ij this was first brought in in y ◠hatred of bondage But in a writ de Libertate probanda may bée put as manye nyefes as the plaintife will ¶ And note well that if the vylleyne of a Lorde bée in auncien demesne of y e king or other towne priuileged within a yere and a day the lorde may seise him and if he dwel in the same towne or other place fraunchised by a yere and a daye without seisin of the Lord he hath noe power to seyse him after if hée goe not in estraie out of the foresaid fraunches Taile ¶ To hold in the taile is where a man holdeth certaine lāds or tenements to him and to his heires of hys body béegotten And note wel that if y ◠land be géeuen to a man and to his heires males and hée hath issue male hee hath fée simple and that was adiudged in y e parliament of our Lord the kynge But where landes or tenementes bée géeuen to a man and to his heirs males of his body begotten then hée hath fée tayle and the issue female shal not bée enheritable as it appereth the xiiii yere of Edward the third in assise Taile apres possibilitie ¶ To hold in the taile after possibilitie of issue extinct is where lād is geuē to a mā to his wife to the heires of their ii bodyes ingendred and one of them ouerlyueth the other wythout issue betwéene them béegotten hée shall holde the lande for terme of hys owne life as tenaunt in the taile after possibilitie of issue extinct And not withstanding that he do wast he shal neuer be impeched of that wast And note that if hée alien hée in the reuersion shal not haue a writte of entre in consimili casu But hée may enter and hys entre is lawfull per Robertum Thorpe chiefe Justice Frankmariage ¶ To holde in frankemariage is to holde in the seconde tayle lymit in the statute of Westminster seconde cap. 1. And the feoffour shal acquite y ◠feoffée of al maner of seruices vnto y e 5. degrée be past and y e feffour shal do all the seruice and suites duringe y e sayde terme And after the heires of the feoffée shall doe it for that that the priuitie of bloud is past And if hée bée distrained for seruyce hée shal haue a writ of Mesne agaīst him supposing that he held the lands of him but he shal not haue the foreiudgement if it be not in aduauntage of his issues And note well that after the fowerth degrée be past he shall bee attendaunt of as much seruice to the donour as the donour is attendant to the Lord paramount And if hée do felony for which he is attaint the king shal haue his lands for terme of his life naturall And after hys death hys issue shal inheryte as by force of the tayle And in this case none shall haue hys lands by way of eschete no more then in any other taile And in case that the tenant die without heire of hys body begotten the lande shall reuert to the donour as it shoulde in the common tayle And if a manne let his land to another in franke mariage yeldynge to hym a certayne rent by yeare hée shall hold this land in the common tayle and not in frankemariage for by the rent reserued these woordes
right to present is called patron Age prier AGe prier is wheÌ„ an accion is brought against an infant of lands that hee hath by discent there he shal shewe the matter to the court shall pray that the action shal abide til his ful age of one and twenty yeres and so by awarde of the court the suit shal surcesse But in a writte of Dower in Assise also in such actions where the infaÌ„t coÌ„meth in of his own wroÌ„g he shal not haue his age Also note well y â— there be many diuersities of ages for y â— Lord shal haue ayde of his tenant in socage for to marye hys doughter when y â— doughter of the lord is of thage of vii yeres and also aide for to make his sonne heire knight when hée is of the age of seuen yeres Also a womaÌ„ which is maryed at the age of ix yeres yf her husband die seysed shal haue dower not before nine yeres Also xiiij yeres is y â— age of a womaÌ„ y â— she shal not be in ward if she were of such age at y â— time of the death of her auÌ„cester but if she were w tin y â— age of xiiii yeares and in ward of y e lord theÌ„ she shal be in ward til y â— age of 16. yers also xxj yeres is the age of y â— heire male to â—ée in warde and after y â— out of warde also it is y â— age of male and female to sue to be sued of lands which they haue or clayme by discent to make al maner of contractes bargaines and not before But if such an infaunt w t the age of xxj yeres geue his goods the donee take them hee may haue an action of trespas but otherwise it is if hee delyuer them him selfe Agreement A GréemeÌ„t is after this sorte defined or expouÌ„ded in master PlowdeÌ„s ComeÌ„taries AggreamentuÌ„ is a worde compounded of two wordes namely of Aggregatio and Mentium that is to say agremeÌ„t of minds so that agréement is a consente of myndes in some thinge done or to bee done and by drawinge together of the ij words Aggregatio meÌ„tiuÌ„ by the hasty short pronouncing of theÌ„ they be made one woorde to wit AggreameÌ„t ' which is no other thing then a ioining putting cuppling knitting together of ij or moe mindes in any thinge done or to bée don Sée after in Testament And this agréement is in iij. maners The j. is an agrement executed al ready at y â— beginning The second is an agreement after an act done by an other and is an agreement executed also The third is an agremeÌ„t executorie or to be don in time yet to come The first which is an agreement executed already at y â— beginning is such wher of mencion is made in y â— stat of 25. E. 3. cap. 3. of clothes in y â— iiij statute which saith that y â— goods things bought by forestallers beinge therof attainted shalbée forfait to the Queene if the huyer haue therfore made gree with the seller in which case this woorde Gree which is otherwise called agrement shal be vnderstood agremeÌ„t executed y â— is paiment for y â— things The secoÌ„dmaner of agrement is where one doth a thing or act and an other agrees or assentes thereto afterward as if one doe a disseisin to my vse and after I agree to it nowe I shal be a disseisour from the beginning such agréement is an agréemeÌ„t after an act don The iij. agremeÌ„t is wheÌ„ both parties at one tyme are agreed that such a thing shal be done in time to come and this agréement is executory in as much as the thing shal be done after and yet there their â—â—indes agreed at one tyms but because the perfourmance shal be afterwarde and so the thinge vppon which the agreemeÌ„t was made remaynes to be done y â— agréemeÌ„t shal be said executory And y â— the statute of 26. H. 8. cap. 3. doth prooue where it saith that euery vicar person such like c. before their actual possession or medling w t the profits of their benifice shal satisfie content c. or agree to pay to the vse of the Quéene the first fruits c. and if any such person vicar c. enter in actual possessioÌ„ c. this agrement is to be vnderstoode executory as y â— coÌ„mon vse prooues for it is vsed y â— he w t one or ij w t him doe make two or thrée obligations for it to bée payed at certeine dayes after And this agréement executorye is denided in ij pointes One is an agréement executory which is certein at the beginninge as is sayed laste béefore of the first fruits The other is where y â— certentye doth not appeare at the first and y â— parties are agréed y â— the thinge shal be performed or payed vppon the certenty knowen As if one sell to an other al hys wheat in such a tasse in his barne â—nthreshed it is agréed betwene theÌ„ y â— he shal pay for euery bushel xij d. when it is threshed cleaned measured Aide AIde is when tenaunt for terme of life tenaÌ„t in dower tenant by curtesie or tenant in tayle after possibilitie of issue extinct is impleded then for that y â— they haue noe estate but for terme of lyfe they shal pray in aid of him in the reuersion proces shalbée made by writ against him to coÌ„e and plede with the tenaÌ„t in the defence of the land if he wil but it behoueth that they agree in plee for if they vary the plée of the tenaÌ„t shal be taken and then the aide prayer is voide but if hee come not at the second writte then the tenant shal aunswere sole Also tenaunt for terme of yeares tenaunt at wil tenaunt by Elegit and tenaunt by statute merchaunt shall haue aide of him in the reuersion theseruant and baylie of their mayster when they haue done any thing lawfully in the right of their maister shal haue aide Ayde of the Kynge is in lyke case as it is sayed béefore of a common personne and also in manye other cases where the king may haue losse although that the tenaunt be tenaunt in fee simple hée shal haue aide as if a rent bée demaunded against the kynges tenant which holdeth in chiefe he shall haue aide and so hée shall not haue of a common person Also where a Citie or borough hath a fee ferme of the kinge any thinge bée demaunded agaynst them which béelongeth to the fée ferme they shal haue ayde for the losse of the king Also a man shall haue ayde of the kynge in the stéede of voucher Also the kynges Bailife the collector and purueyour shall haue ayde of the kinge as well as the officers of other persons Alien ALien is he whose father him selfe were both borne out of the Quéenes legeance and if such an
very troublesome and therefore nowe for the most part that way is altered and they vse to leuy the same by the yarde or Acre or other measure of lande By meanes whereof it is nowe lesse troublesome and more certen then before it was And euery Towne and coūtrey doe knowe what summe is to be payed amonge them and howe the same shal be raysed Wée read that Moyses was the first that did number the people for he nūbred the Israelits and therefore the first taxe subsidy tribute or fiftéene was inuented by him amonge the Hebrues as Polidore Uirgil doth thinke Regrator REgrator is hée that hath corne vittailes or other thinges sufficient for his owne necessary néede occupation or spendinge and doth neuerthelesse engrosse and buy vppe into hys handes more Corne vittailes or other such thinges to the entent to sell the same againe at a highe rand déerer price in faires marketes or such like places Reioynder REioynder is when the defendant maketh aunswere to the Replication of the plaintyfe And euery Reioynder ought to haue these ii properties specially that is to say it ought to bee a sufficient aunswere to the Replication also to followe and enforce the matter of the barre Reliefe REliefe is sometimes a certen some of money that the heire shall pay to the Lord of whō those landes are holden which after the discease of his auncestour are to him dyscended as next heire sometymes it is the payment of an other thinge and not money And therefore reliefe is not certen and a like for all tenures but euery sundry tenure hath for the most part hys speciall reliefe certayne in it selfe Neyther is it to bée payed alwayes at a certen age but varyeth therein also acording to the tenure As if the tenaunt had landes holden by knyghtes seruics except great Sergeantie and die his heire being of full age and helde his lands by the seruice of a whole knightes fée the Lord of whome that lands are soe holden shal haue of the heire 100. s. in the name of relyefe And if he helde by lesse then a knightes fée hee shal pay lesse and if more then more hauinge respect alwaies to the rate for euery knightes fée an hundred shillinges And if hée helde by graunde serieantie which is alwayes of the Quéene and is also knightes seruice then the relyefe shalbée the value of the lande by the yeare besides al charges issuinge out of the same Reliefe that the lorde shal haue for lands holdē in Socage is soe much more as the rent that the tenaunt holdeth his lande in Socage by as if hee holde by a penye rent and die the lorde shal haue that peny rent and a peny ouer for reliefe of what age soeuer the tenaunt be at the death of his auncestour And note that insome cases the lord shal haue his reliefe immediatly after the death of his tenaunt if it soe be that the tyme of the yeare wil suffre the same to be gotten as money corne flesh fish spices or any such like and for default of payement the lorde maye therefore of cōmon right presently distraine But in some cases the Lorde must stay for his reliefe a certen time when necessitie soe constraineth As if the tenāt helde by a rose a chery a strawbery or such like die in winter he shal not haue reliefe til roses cheries and strawberies are naturally fresh and ripe which is about midsomer then he shal haue one for rent an other for reliefe There is an other kind of reliefe that is payd after the death change or alienation of fréeholders that hold in auncient demesne and otherwise is paied as a knowledge of the tenure betwene y e lord and the tenant The same is not certein how much But doth vary according to y e custome of the mannour or tenure and is to be presented by the homage or sutours at the next court day of the same maner And note that alwaies when the reliefe is due it must bee payed at one whole payment and not by partes although that the rent bée to be payed at seueral festes Remainder REmaynder of lande is the lande that shal remaine after the particuler estate determined As if one graunt lanoe for terme of yeres or for lyfe the remaynder to I. S. that is to saye that when the lease for yeares is determined or lessée for life is dead that then y ◠land shal remaine shal be or abide with to or in I. S. Replication REplication is when y ◠defendaunt in any action maketh an aūswere and the plaintife maketh an aunswere to that that is called the replicatiō of the plaintife Reprises ▪ REprises are deductions payments and dueties that goe yearely and are payed out of a manour As rent charge rent secke pentions corodies annuities such like Resceipt REsceit is when an action is brought agaynst the tenaunt for terme of life or tenaunt for terme of yeres and he in the reuersion commeth in and praieth to be receiued to defende the land and to plede wyth the demaundaunt And when hée commeth it behoueth that hée bée alway redy to plede with the demaundant Reseruation REseruation is taken diuers waies hath diuers natures as some times by way of exception to kéepe that which a mā had before in him as if a lease bee made for yeares of ground reseruing y e great trées growing vpon the same nowe y e lessée may not meddle w t thē nor w t any thing y t commeth by reason of thē so longe as it abideth in or vpon the trées as mast of Oke Chestnut Aples or such like but if they fall from the trées to the ground then they are in right the lessées for y ◠ground is set to him and al theruppon not reserued c. Sometimes a reseruation doth get and bringe forth an other thynge which was not before As if a m◠lease his lāds reseruing yerely for y e sāe xx li. c. and diuers other such reseruatiōs thereby And note y e in auncient time their reseruations were as wel or for the more part in victualles whether flesh fish corne bread drink or what els as in mony vntill at the last and that chiefely in the raigne of kinge Henry the first by agrement y ◠reseruation of victuals was changed into ready money as it hath hither so since continued Retraxit REtraxit is the preterperfectēce of Retraho compound of Re and Traho which make Retraho to pull backe and is when the party plaintife or demaundant commeth in proper person into the court where his plea is and sayth that hée wil not procéede any farder in the same c. Now this shal be a barre to the accion for euer Reeue REeue is an officer but more knowen in auncient tyme then at thys day for almost euery manour had then a Réeue and yet styll in many coppy hold manners where the old custome any thing preuayleth
other in the night with felonious intent to robbe or kil or to doe some other felony in which cases although he cary away nothing yet it is felony for which he shall suffer death Otherwise it is if it be in the day tyme or that hée breake the house in the night and enter not therin at that tyme. But if a seruant will conspire with other men to robbe his master and to that intent hee openeth his masters dores or windowes in the night for them and they come into the house by that way this is burglary in the straungers and the seruant is a théefe but noe burglar And this was the opinion of the right worshipfull Sir Roger Manwood knight most woorthy Lorde Chiefe Baron of the Eschequer at the quarter Sessions holden in CauÌ„terburie in Januarie last 1579. 21. Elizabeth Caruage CAruage that is to bée quite if the kinge shall taxe al hislaÌ„d by Carues Note that a Carue of land is a plowland Cession CEssion is when an Ecclesiasticall person is created bishop or wheÌ„ a person of a personage taketh an other benefice without dispensation or otherwise not qualified c. In both cases their first benefices are becoÌ„e void and to those that he had who was created Bishop the Quéene shal present for that tyme whosoeuer be patron of them And in the other case the patron may present Challenge CHallenge is where Jurours appeare to trie an issue then if any of the parties suppose y â— they are not indifferent they may there Challenge and refuse them There be diuers challenges one is challenge to the array the other to the polles Challenge to tharray is wheÌ„ the panel is fauourably made by the sherife or other officer Challenge by the poles are some principal and some by cause as they call it Principal is wheÌ„ one of the Juroures is the son brother or cosine to the plaintife or defendaunt or tenant to him or y â— he hath espoused the daughter of the pleintife for those causes hée shalbée withdrawen Also in a plée of y â— death of a maÌ„ in euery other accion reall in accions personall if the debt or daÌ„mages amount to xl markes it is a good challenge that he cannot dispende xl s. by the yeare of free holde Challenge by cause is where the party doth alledge a matter which is no principal chelleÌ„ge as y â— y â— son of one of y â— Jurrours hath espoused the daughter of the pleintif then he doth coÌ„clude therfore he is so fauorable which shal be tried by others of theÌ„quest whether he be fauorable or indifferent if they say that he is fauorable and not indifferent theÌ„ hée shalbée drawen out otherwyse hée shalbée sworn Also a felon that is arraigned may challenge xx Jurrours paremptory wythout any cause that is in fauour of life as many as hee wil with cause but then it shal be tried if for such cause he be indifferent or not Champertours CHampertours be they y t moue pleas suites or cause to be moued by own or others procurement sue them at their owne costs to haue part of the land or gaines in variance Charge CHarge is where a man grauÌ„teth a rent out of his grounde and that if the rent bée béehinde that it shal be lawfull for him his heires assignes to distraine till the rent be paide This is called a rent charge But if one graunt a reÌ„t charge out of the land of an other and after purchase the land the grauÌ„t is voide Charters of lands CHarters of lands are writings déeds euideÌ„ces instrumeÌ„ts made froÌ„ one man to an other vpoÌ„ some estate coÌ„ueied or passed betwene theÌ„ of lands or tenemeÌ„ts shewing the name place quantitie of the land the estate time maner of the doinge thereof the parties to the estate deliuered and takeÌ„ the witnesses pres eÌ„t at the same with other circumstaunces Chattels CHattels are in ij sortÊ’ that isto say Chattels Reals and Chattels personals Chattels Reals are leases for yeares wardes and to holde at wil c. Chattels personals ar al mouable goods as money plate householde stuffe horses kine corne such like Childewite CHildwite that is y â— you may take a fine of your bondwoman defiled and begotten w t childe w tout your licence Chimin CHimine is the hye way where euery maÌ„ goethe which is called via Regia and yet the Kynge hath noe other thinge there but the passage for hym and hys people for the frée holde is in the Lorde of the soyle and all the profyte growinge there as trees and other thinges Thing in action THinge in action is when a manne hath cause or may brynge an action for some duity due to him as an action of det vpon an obligation aÌ„nuity Rent Couenant warde goods trespas or such like And because they are thinges wherof a man is not possessed but for recouery of them is driuen to his actioÌ„ they are called things in action those thinges in action that are certen the Quéene may grauÌ„t the grauÌ„tee may vse an actyon for them in hys owne name onely But a common person cannot graunt his thing in actioÌ„ nor the Queene her felâ—e cannot grauÌ„t her thing in actioÌ„ which is vncerten as trespas such like Circuit of action CIrcuite of action is when an actyon is rightly brought for a duetie but yet about y e bush as it were for y â— it might as well bene otherwise aunswered and determined that suit saued and because that theÌ„ same actioÌ„ was more then néedful it is called circuite of action As if a manne graunt a rent charge of x. li. out of his manner of dale and after the grauntee disseise y â— grauÌ„tour of the same maner of dale and hée bringeth an assise and recouereth the lande and xx li. dammages which xx li. being paied the grauntee of the rent sueth his action for x. li. of his rent due duringe the time of the disseison which if noe disseisin had bene hée must haue had This is called circuit of action béecause it might haue bene more shortly aunswered for where as the grauntour should receyue xx li. dammages and pay x. li. rent he might haue receiued but the x. li. onely for the dammages and the grauntee might haue cut of and kept backe the other x. li. in his handes by way of detayner for his rent and soe thereby mought haue saued his action Claime CLaime is a challenge by any man of the propertie or ownershippe of a thinge which he hath not in possession but which is with holden froÌ„ him wrongfully Clergie CLergie is an auncyent libertye of the popishe Church which hath also béene confyrmed with vs in dyuers Parlyamentes And it is when a priest or one within holy orders as they terme it or any other whoesoeuer in whome is noe impedyment or impossibilitye to bée a priest is arraigned of felonye or such lyke
may well pursue and if I take it presently in the hye way or in an others grouÌ„d y â— taking is lawful aswell there as vppon the land charged to whomsoeuer y â— propertie of the goodes bee Also for fines and amercemeÌ„ts which be assessed in a leete one may alway take the goodes of him that is so amerced in whose ground so euer they bée within the iurisdictyon of the court as it is sayd And when one hath takeÌ„ a distresse it beehâ—â—ueth hym to bringe it to the commen pound or els hée may kéepe it in an others ground so that hée géeue notice to the party that hée if the distresse be a quicke beast may géeue to it foode and then if the beast dye for defaut of foode hee that was dystrayned shall bee at the losse and then the other may distrayne agayne for the same rent or duitie But if hee brynge the dystresse to a holde or out of the couÌ„ty that the sherife may not make deliueraunce vppon the repleuin then the party vppon the retorne of the sherife shall haue a writ of Withernam directed to the sherife that he take as many of hys beastes or as much goodes of the other in his kéepinge tyll that he hath made deliueraÌ„ce of the first distres Also if they bee in a forfelet or Castell the Sherife may take with him the power of the County beate downe the Castel as it appeareth by y â— statute Westm 1. cap. xvii Therefore looke the statute Diuorce DIuorce so called of diuortium coÌ„minge of the verbe diuorto which signifieth to returne backe As when a maÌ„ is diuorced froÌ„ his wife hée returneth her backe home to her father or other frends or to the place from wheÌ„â—e he had her by such diuorce the mariage is defeated and vndone Donor donee DOnor is hee whych gyueth lands or tenements to an other in tayle and hée to whom the same is so gyuen is called donée Double plea. DOuble plee is where the defendaunt or tenant in any accion pleadeth a plée in the which ii matters be compreheÌ„ded and euery one by himselfe is a sufficyent barre or aunswere to the action then such a doublee plee shall not bée admitted for a plée except one depend vpon an other and in such case if he may not haue the last plée without the first plée then such a double plee shal be wel suffered Ryght RIght is where one hath a thing that was taken from an other wrongfully as by disseisin or putting out or such like And the challenge or claime that hée hath who should haue y e thing is called right Right of entrie RIght of entrie is when one seysed of land in fee is therof disseised Now the disseisée hath right to enter into y â— land may so do wheÌ„ he wyll or els hée may haue a writ of ryght against the disseisour Dures DUres is where one is kept in prison or restrained froÌ„ his liberty contrary to the order of the lawe and if such a person so beinge in dures make any especialtie or obligation by reason of such imprisonment such a déede is voyde in the lawe and in an actyon brought vppon such an especialtie hee may say that it was made by dures of imprysonment but if a man bee arrested vppon any accion at the suite of an other though the cause of the accion be not good nor trewe if hée make any obligation to a straunger béeinge in prison by such arrest yet it shall not bee sayed by dures but if hée make an obligation to hym at whose suit he was arrested to bée dyscharged of such imprisonment then it shal be said dures Eire Iustices EIre Justices or Itinerant as we call them were Justices that vsed to ryde from place to place through out the realme to administer Justice Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial béetwéene party and party commeth to the Barre with one of the partyes hauinge receyued some rewarde soe to doe and speaketh in the case or priuely laboreth the Jurie or standeth there to furuey or ouerlooke theÌ„ thereby to put them in feare doubt of y â— matter But men that are learned in the laws may speake in the case for their fée but they may not labour the Jurye and if they take money soe to doe they alsoe are embrasors Encrochment ENcrochment is sayed when the Lorde hath gotten seisine of more rent or seruices of hys tonaunt then of right is due or ought to bée payed or done vnto him As if the tenaunt holde slande of hys Lorde by fealtye and ij s. rent yerelye And nowe of late tyme the Lord hath gotten seysine of thrée shillings rent or of homage or Escuage or such lyke Then thys is called an Encrochment of that rent or seruice Enheritance ENheritaunce is such estate in landes or tenements or other thinges as may be inherited by the heire whether it be of estate in fée simple or taile by discent from any of hys â–ª Auncesters or by hys owne purchase And Enheritaunce is deuided into two sortes that is to say enheritaÌ„ce corporate enheritance incorporate Enheritance corporate are mesuages landes meadowes pastures rentes and such lyke that haue substaunce in them selues and may haue contynuaunce alwayes And these ar called corporal things Enheritaunce incorporate are aduowsens villaynes wayes comons Courts fishings and such like that are or may be appendant or appurtenant to inheritances corporate Equitie EQuitie is in two sorts differing much the one from the other and are of contrarye effectes for the one doth abridge diminishe and take from y e letter of y â— law The other doth inlarge amplifie and adde therunto The first is thus defined Equitie is the correction of a lawe generally made in that part wherein it faileth which correction of y e generall wordes is much vsed in our lawe As if for example when an act of parliament is made that whoesoeuer doth such a thinge shal be a sclon and shal suffer death yet if a madde manne or an infaunt of yonge yeres that hath noe discretion doe the same they shal be no feloÌ„s nor suffer death therefore Also if a statute were made that al personnes that shal receiue or gene meate and drinke or other succour to any that shal do such a thing shal bée accessorie to hys offence and shal suffer death if they did knowe of the fact yet not withstandinge one doth such an act and commeth to his wife whoe knowing thereof doth receiue him and giues him meat and drinke shée shall not bée accessory nor felon for in the generaltie of the said wordes of y e lawe he that is mad nor y e infant nor the wife were included in meaning And thus equity doth correct y â— generality of y â— law in those cases the general words are by equitye abrydged The other equitie is defined after this sorte Equitye is when the wordes of
will serue in that case to say that hymselfe was borne in Kent it is for good reason to be doubted â— And y t they ought not y e Eschetor of the kynge to choose nor euer in any time did they But the kinge shall take or cause to bée taken suche a one as it shal please hym to serue him in that whych shal be néedeful 3 And that they may their lands their tenemeÌ„ts giue and sel without licence asked of their lords Sauing vnto the Lordes the rents and y e seruices due out of the same tenements 4 And that al and euery of them may by writ of the king or by playnt plede for y e obtaininge of their right as wel of their Lordes as of other men 5 And they claime also y t the coÌ„minaltie of Gauelkind men which hold none other then tenemeÌ„ts of Gauelkind nature ought not to coÌ„e to y e coÌ„mon summons of y e Eire but onely by the Borsholder fower meÌ„ of the Borowe Except the townes which ought to aunswere by twelue men in the Eire The like to this priuiledge is enioyed at thys day in y â— sherifes Lathe where many whole borowes be excused by the onely apparaunce of a Borsholder two foure or sixe other of y â— inhabitants Borsholder is so named of y e saâ—oÌ„ wordes Borber caldor y t is to say the most auncient or elder of the pledges 6 And they claime also that if any tenant in gauelkynd bée attainted of selony for the which hée suffereth Judgement of death the kyng shal haue al hys goodes and hys heire sorthw t after hys death shal be inheritable to al his lands and tenemeÌ„ts which held in Gauelkind in fée and inheritance And he shal hold them by the same seruices customes as hys auncestors helde them whereuppon it is said in Kentish The father to the bough And the son to the plough But this rule holdeth in case of felony and of murder onely and not in case of Treason at alâ— And it holdeth also in case where y e offendor is iustised by order of lawe and not where he withdraweth himselfe after the fault committed will not abyde his lawfull tryall And because that thys custome shal not be coÌ„strued by equity but by a straight and literal interpretation it hath therefore bin doubted whether the brother or vncle shall haue y â— aduauntage therof because the woordes extend to y â— sonne onely See 22. E. 3. abridged by master Brooke tit Custome 54. 7 And if he haue a wife forthwith be shée endowed by the heire if hee be of age of the one halfe of al the landes and tenements which her husband held of Gauelkynd nature in fée to haue to hold accordyng to the forme hereafter declared And of such lands y â— kinge shall not haue the yere nor wast but onely the goodes as is béefore said The wife shall not lose her dower for the default of her husbande but in such case where the heire shal lose his inheritance for the offence of his father 8. Henry 3. 8 And if any manne of Gauelkinde eyther for felonie or for suspicion of felonie withdrawe him out of the countrey and bee demaunded in the countie as he ought be afterwarde vtlawed or put himselfe into the holy church and abiure the lande and the Realme the kinge shall haue the yeare and the wast of his landes and of al his tenementes together with al his goodes and chattels Soe that after the yeare and the day the next Lord or lordes shal haue their Eschetes of those landes and tenements euery lorde that which is immediatly holden of him So is it holden in the bookes 8. E. 2. abridged by master Fitz. ti PrescriptioÌ„ 50. 22. E. 3. abridged by master Brooke ti Custome 54. 9 And they claime also that if any tenaunt in Gauelkinde and bée an inheritor of lands tenemeÌ„ts in Gauelkind y â— al his sonnes shal part y â— inheritaÌ„ce by equal portioÌ„s 10 And if there bee noe heire male let y e partitioÌ„ be made betwene the females euen as betwene bro. But y â— statut of Praerog regis cap. 16. sayeth That the females shall not deuide wyth the males which is to bée vnderstode of such as bée in equall degrée of kynred as Brothers and sisters as in this ix and. x. deuision For if a man haue issue iij. sonnes the eldest haue issue a daughter and die in the life of his father and the father dieth In this case the daughter shalioyne with the two other brethren her vncles for that shée is not in equal degrée w t them as her father was whose heire neuerthelesse she must of necessity be 11 And let the messuage also be departed betwene them but the Astre shall remayne to the yongest sonne or daughter and be the value thereof deliuered to each of the parceners of y â— heritage froÌ„ xl féete from y t Astre if y â— tenement wil soe suffer By this worde Astre is ment as is coÌ„iectured either the hall or chéefe roome of the house â–ª eyther else the well for water or the south side of the buildinge for Astre beeinge sounded without s may come of the latin worde Atrium which signifieth a Hall or of Haustrum whichbe tokeneth the bucket of a wel or of Austrum the south side euery of which haue their particular coÌ„modities aboue the rest of y â— house or tenement Or otherwise being souÌ„ded with s it may be deduced from y e freÌ„ch word Asistre by contraction Astre which is as much as a site or situation and with the article le before it Lester a churchyarde or Court about a house But at this daye there is no such regarde made iÌ„ y â— particioÌ„ but oÌ„ly consideration had that the parts them selues be equal indifferent 12 And then let the eldest brother haue y â— first thoyse and the others afterwarde accordinge to their degrée 13 Likewise of houses which shal bee founde in such messuages let them be departed amongst the heires by equall portyons that is to wéete by foote if néede be Sauinge the Couert of the Astre which shal remain to the yongest sonne or daughter as is beforesaid Soe neuerthelesse that y â— yongest make reasonable amends to his parceners for the part which to them belongeth by the awarde of good men 14 And of the aforesayd tenements whereof one onely suit mas wont to be made before time be there not by reason of y â— particion but one sole suit made as it was before accustomed but yet let all the parceners make contribution to y â— parcener which maketh y â— sint for them 15 In like sortlet y â— goods of Gauelkind persons be parted into thrée partes after the funerals and y â— debts payed if there bée lawful issu on liue so y t y e dead haue one part his lawfull sonnes doughters an other part
it should come in y ◠sence as wée there take it For accordinge to the proper significatiō mulier is a defiled woman like as it is vsed by vlpianus in a certen place after this sort if I thought that I had bought a virgin when it was a defiled woman the bargayne was not good Hereby you may sée y t multer is a woman that hath had y e company of a man But to leaue the right signification Mulier is taken in our law for one that is lawfully begotten and borne and is alwayes vsed in comparison with a bastarde onely to shewe a difference betwene thē as thus for example A man hath a sonne by a woman before mariage that issue is called a bastard and vnlawful And after they entermary and haue an other sonne this second sonne is called mulier that is to say lawfull and shalbée heire to hys father but that other cannot bée heire to any manne because it is not knowen nor certen in the iudgement of the lawe who was hys father and for that cause is sayd to bée no mannes sonne or y e sonne of the people and so wythout father according to this old verse To whom the people father is to him is father none and all To whom the people father is wel fatherlesse wée may him cal And alwaies you shal find this addition to thē bastard eldest mulier yongest when they bée compared together Murder MUrder is a wilful killinge of a man vppon malice forethought and seemeth to comeof the Saxon woord Mordren which so signifieth And Mordridus is the murderer euen vntil this day amonge them in Sexonie from whence wée haue most of our words as hath byn often said Negatiua preignans NEgatiua preignans is when an action or information or such like is brought against one and the defendant pleadeth in barre of the actyon or otherwyse a negatiue plea whych is not soe specyall an answere to the actyon but that it includeth also an affirmatiue As for example if hée in reuersion enter vppon tenant for life supposinge that hée hath aliened in fee which is a forfaiture of hys estate and the tenaunt for life saith that hée hath not aliened in fée this is a negatyue wherein is included an affirmatiue for although it bée true that he haue not aliened in fée yet it may bée that hée hath made an estate in tayle whych is also a forfayture and then the entry of hym in the reuersion is lawefull c. Also in a Quare impedit the Quéene makes tytle to present to a Prebende for that the Temporaltyes of the Bishoprick were in her hāds by the death of W. late Bishop c. The defendant saith that it was not voyd being the temporalties in the Quéens handes by the death of W. this is a negatiue preignans for it may bée in the Quéenes hāds otherwyse then by the death of W. and it suffiseth the Quéene if it bée in her handes by any meanes c. Soe it is where an Information was brought in the Cheker against John Stile for that he bought wooll beetwéene shering time and the Assumptyon such a yeare of John N. The defendaunt sayth that hée dyd not buy any of John N. as it is alledged c. this is called a negatiue preignans for if he bought it of any other yet hée is culpable for the buyinge Niefe NIefe is a womā that is bonde or a vyllen woman but if shée mary a frée manne shee is thereby made frée for euer although y t her husbande die and she suruiue hym because that shée and her husband are but one person in lawe and shée ought to bée of the same nature and condytion in law to al intents that her husband is But her husband is frée to all intentes without any condityon in lawe or otherwise and so by consequens the wife ought to bée and is frée according to y ◠nature of her frée husband then if she were once frée and clerely discharged of bōdage to al entents she cānot be niefe after w tout especial act done by her as diuorce or cōfessiō in court of Record and that is in fauour of liberty therefore a frée woman shal not be bounde by taking of a villē to her husband But their issue shal bée villens as their father was which is contrary to the Ciuile lawe for there it is said y ◠birth followeth the belly Bōdage or villenage had beginninge amonge y ◠Hebrewes his original proceding of Canaan y ◠sōne of Cham who because that hée had mocked his father Noe to scorne lying desolutly whē he was drunke was punished in his sonne Chanaan w t penalty of bondage Nihil dicit NIhil dicit is when an action is brought against a man the defēdant appéeres the plaintife declares the defendant wil not aunswere or pleades to the action doth not maintaine hys plea but makes defaut nowe vpon this defaut he shal be condemned because he saith nothing Nomination NOmination is where one may in right of his maner or otherwise nominate and appoint a worthy clarke or man to a personage vicarage or such like spiritual promotion Nonabilitie NOnabylitye is where an action is broughte against one and the defendaunt saieth that the playntife is not able to sue any action and demaundeth iudgement if hée shal bee aunswered There are vj. causes of nonability in the pleintife as if he bée an outlawe or an alien borne but that dysabilitye is in actiōs reales and mixt onely and not in actyons personalles except hee be an alien enemye or condempned in premunire or professed in religion that is to saye the Roomish religion or accursed or a villen and sueth hys Lorde but this last is noe ple for an other y ◠is not lord to the villen Bare or naked Contract BAre Contract or naked promise is where a manne bargaineth or selleth his lāds or goods or promiseth to geue to one money or a horse or to builde a house or doe such a thinge at such a daye and there is no recompence appoynted to him for the doinge therof As if one saye to an other I sel or geue to you al my landes or goodes and there is nothing appoynted assigned or agréed vppon what the other shal giue or pay for it so y t there is not one thinge for an other this is a naked contract and voyde in lawe for not perfourmaunce thereof noe action lyeth for of a naked cōtract commeth noe action Oredelfe O Redelfe is where one claimes to haue y ◠ore that is founde in his soile or ground Outfanthefe OUtfangthiefe that is y ◠theues orfelōs of your lād or fée out of your lād or fée taken w t felony or a stealing shal be brought backe to your court and there iudged Owelte OWelte is when there is Lorde mesne tenant and y e tenaunt holdeth of the mesne by the same seruices that the meane