by Original Writ that is by Writ of Conspiracy and not otherwise which was not so speedy remedy as the Heinous quality of the wrong required the Statute of Westm the 2. An. 13 Ed. 1. cap. 12. for the more expeditious redress thereof was ordained But if the Defendant barrs the Plaintiff of his Appeal then he cannot recover Dammages by the said Statute against the Plaintiff except the Barr be such as acquits the Defendant of the Felony And if the Defendant pleads that the Appellant is a Bastard or hath an elder Brother or like Pleas in barre and thereby barrs the Plaintiff yet he shall not recover Dammages against him because the Defendant may be indicted again of the same Felony and attainted notwithstanding any of those Pleas for by them the innocency of the Defendant is not tried and therefore he shall not have Dammages 27 Ass pl. 25. The same Law is if the Defendant barrs the Appellant by Demurrer in Law And so it is if in Appeal of the death of a man the Defendant pleads to the issue and it is found by Verdict that he killed the man in his own defence or by Chance-m â— dley in these cases he shall not recover Dammages But if the Defendant in Appeal hath the Release of the Appellant or the Kings Pardon and will wave them and plead Not guilty and is acquitted in this case he shall recover Dammages This word Dammage is taken in the Law in two several significations the one properly and generally the other strictly and relatively Properly as it is in cases where Dammages are founded upon the Statute of 2 Hen. 4. cap. 1. and 8 Hen. 6. cap. 9. where Costs are included within this word Dammages for Damnum in its proper and general signification is said a demendo when a thing by Diminution is made worse and in this sense Costs of Suit are Dammages to the Plaintiff for by them his Substance is diminished But when the Plaintiff declares the wrong done to him to the Dammage of such a summe this is to be taken relatively for the wrong which is passed before the Writ brought and are assessed by reason of the Trespass aforesaid and cannot extend to Costs of Suit which are future and of another nature See Co. l. 10. f. 116 117. Dammage fesant DAmmage fesant is when a stranger's Beasts are in another mans ground without licence of the Tenant of the ground and there do feed tread and otherwise spoil the corn grass woods and such like In which case the Tenant whom they dammage may therefore take distrain and impound them as well in the night as in the day But in other cases as for Rent and Services and such like none may distrain in the night Danegeld DAnegeld is to be quit of a certain Tribute which the Danes did levie in England Also the Tribute it self This began first in the time of King Etheldred who being sore distressed by the continual Inivasson of the Danes to purchase Peace was compelled to charge his County and people with great Payments for he first gave them at five several payments 113000 lib and afterwards granted them 48000 lib. yearly Darreine Presentment DArreine Presentment an Assise thereof lies where I or mine ancestors have presented a Clerk to a Church and after the Church being void by the death of the said Clerk or otherwise a stranger presents his Clerk to the same Church in disturbance of me And how it is otherwise used see Bract. lib. 5. tract 2. Regist orig fol. 30. If a husband and wife present to an Advowson in right of the wife which is appendant to the Mannor of the wife and after the husband aliens an Acre parcel of the Manor with the Advowson in fee to a stranger and dies and after the stranger presents and then aliens the Acre to another in fee saving the Advowson to himself and after the Church is void there the wife shall present and if she be disturbed she shall have an assise of Darreine Presentment because the Advowson was severed from the Acre But if the Advowson was appendant to the Acre then the wife ought to recover the Acre before she presents to the Advowson Fitz. Nat. Brev. 32. Darrein Continuance IS when the Defendant or Tenant pendente placito pleads new matter done after the last continuance of the plea. See Thelwel 361. 2. Cro. 261. Dean and Chapter DEan and Chapter is a Body corporate Spiritual consisting of many able persons as namely the Dean who is chief and his Prebends and they together make the Corporation And as this Corporation may jointly purchase Lands and Tenements to the use of their Church and Successors so likewise every of them severally may purchase to the use of himself and his heirs And as there are two Foundations of Cathedral Churches in England the Old and the New the New are those that King Henry the eighth upon suppression of Abbeys transformed from an Abbot or Prior and Covent to Dean and Chapter so there are two means of Creation of these Deans for those of the Old Foundation are brought to their Dignity like Bishops the King first sending his Congee deslire to the Chapter the Chapter then chusing the King yeilding his Royal assent and the Bishop confirming and giving his Mandate to instal him Those of the New Foundation are by a shorter course enstalled by the King's Letters Patents without other Election or Confirmation This word is also applyed to divers that are the chief of certain peculiar Churches or Chappels as the Dean of the Kings Chappel the Dean of the Arches the Dean of Saint George's Chappel in Windsor c. Debet solet See Custom Prescription DEbet solet are words used in the Old Natura Brevium fol. 98. The Writ of Secta molendini being in the Debet solet is a Writ of Right c. And again fol. 69. A Writ of Quod permittat may be pleaded in the County before the Sheriff and may be in the Debet solet or the Debet only as the Demandant claims Wherefore note That these Writs that are brought in such sort have these words in them as formal words not to be omitted And according to the diversity of the Case the Debet solet are used or the Debet only As if a man by Writ sues to recover any right whereof his ancestor was disseised by the Tenant or his ancestor then he uses only the word Debet in his Writ and it is not apt to use Solet because his ancestor was disscised and the Custom discontinued but if he sues for any thing that is first denied him then he hath both these words Debet solet because his ancestor before him and himself have usually enjoyed the thing for which he sues as Suit to the Mill or Common of Pasture until this present refusal of the Tenant Reg. orig fol. 144. a. Debet Detinet DEbet Detinet Much may be
lastly to be out of Court voluntarily Confession of Offence COnfession of Offence is when a prisoner is appealed or indicted of Treason or Felony and broughe to the Bar to be arraigned and his Indictment is read unto him and he is demanded by the Court what he can say thereto then either he confesses the Offence and the Indictment to be true or he estranges himself from the Offence and pleads not guilty or else gives an indirect answer and so in effect stands mute Confession may be made in two sorts and to two several ends The one is he may confesse the offence whereof he is indicted openly in the Court before the Iudge and submit himself to the censure and judgement of the Law which Confession is the most certain answer and best satisfaction that may be given to the Iudge to condemn the Offendor so that it proceeds freely and of his own accord without any threats force or extremity used for if the Confession arise from any of these causes it ought not to be recorded As a woman was indicted for the felonious taking of Bread to the value of two shillings and being thereof arraigned she confessed the Felony and said that she did it by the commandment of her husband and the Iudges in pity would not record her Confession but caused her to plead Not guilty to the Felony whereupon the Iury found that she stole the Bread by the compulsion of her husband against her will for which cause she was discharged 27 Assis pla 50. The other kind of Confession is when the prisoner confesses the Indictment to be true and that he hath committed the Offence whereof he is indicted and then becomes an Approver that is an Accuser of others who have committed the same Offence whereof he is indicted or other Offences with him and then prayes the Iudge to have a Coroner assigned him to whom he may make relation of those Offences and the full circumstances thereof There is also a third kind of Confession made by an Offendor in Felony which is not in Court before the Iudge as the other two are but before a Coroner in a Church or other priviledged place upon which the Offendor by the ancient Law of the Realm is to abjure the Realm Confirmation COnfirmation is when one who hath right to any Lands or Tenements makes a Deed to another who hath the possession or some Estate with these words Ratificasse Approbasse Confirmasse with intent to enlarge his Estate or make his possession perfect and not defesible by him that makes the Confirmation nor by any other that may have his right Whereof see more in Littl. l. 3. cap. 9. of Confirmation Confiscate COnfiscate is derived from the Latine Fiscus which originally signifies a Hamper or Basket but metonymically the Princes Treasure because in ancient time it was put in the Hampers or Frails And though our King doth not put his Treasure in such things yet as the Romans have said that such goods as were forfeited to the Emperors Treasury were Bona Confiscata in like manner do we say of such goods as are forfeited to the Kings Exchequer And the title to have these goods is given to the King by the Law when they are not claimed by some other As if a man be indicted that he feloniously stole the goods of another man where in truth they are the proper goods of him indicted and they are brought in Court against him as the manner and he there asked what he says to the said goods to which he disclaimes by this Disclaimer he shall lose the goods although that afterwards he be acquitted of the Felony and the King shall have them as confiscated But otherwise it is if he doth not disclaim them The same Law is where goods are found in the Felons possession which he disavows and afterwards is attainted of other goods and not of them there the goods which he disavows are confiscate to the King But had he been attainted of the same goods they should have been said to be forfeited and not confiscate notwithstanding his Disavowment So if an Appeal of Robbery be brought and the Plaintiff leaves out some of his goods he shall not be received to enlarge his Appeal and forasmuch as there is none to have the goods so left out the King shall have them as confiscate according to the old rule Quod non capit Christus capit Fiscus And as in the case aforesaid the Law punishes the owner for his negligence and connivency so the Law abhors malice in seeking the bloud of any without just cause And therefore if A. hath the goods of B. by delivery or finding and B. brings an Appeal against A. for taking them feloniously and it is found that they were the Plaintiffs goods and that the Defendant came lawfully by them in this case these goods are confiscate to the King because of the false and malicious Appeal Congeable COngeable comes of the French word Conge id est venia and signifies in our Common Law as much as Lawfull or lawfully done and so Littleton uses it in his 410. sect where he says that the Entry of the Disâ— elsee is Congeable Conged ' eslire COnge Ä‘ eslire i Leave to chuse or Power of chusing is the Kings Royal Permission to any Dean and Chapter in time of Vacancy to chuse a Bishop or to an Abbey or Priory of his own foundation to chuse their Abbot or Prior. Fitzh Nat. Brev. fol. 169. b. 170. b. c. c. Master Gwin in the Preface to his Readings saith That the King of England as Soveraign Patron of all Archbishopricks Bishopricks and other Ecclesiastical Benefices had of ancient time free disposition of all Ecclesiastical Dignities whensoever they happen'd to be void investing them first per baculum annulum and afterwards by his Letters Patents and that in progress of time they gave power to others to make Election under certain forms and conditions as namely that they upon e â— ery Vacation should beg of the K. Conge de eslire that is licence to proceed to Election and after to crave his Royal Assent c. And farther he affirms by good proof out of the Common-Law Books that King John was the first that granted it and that it was afterward confirmed by Westm 1. c. 1. which Statute was made Anno 3 E. 1. and again by the Statute de Art Cleri c. 2. which was ordained Anno 25 E. 3 Stat. 3. Conjuration COnjuration is a Compact or Plot made by men combining themselves together by oath or promise to do any publick harm But it is more commonly used for such as have personal Conference with the Devil or evil Spirit to know any secret or to effect any purpose Anno 5 Eliz. c 16. And the difference between Conjuration and Witchcraft may be this Because the one seems by Prayers and Invocation upon the powerful Name of God to compell the Devil to say or do what he
always put in the latter end of Deeds without which words the Deed is insufficient And because we are about Sealing and Signing of Deeds it shall not be much amiss here to shew you for Antiquities sake the manner of Signing and Subscribing Deeds in our Ancestors the Saxons time a fashion Differing from that we use now in this That they to their Deeds subscribed their Names commonly adding the Sign of the Cross and in the end did set down a great number of Witnesses not using at that time any kind of Seal And we at this day for more surety both subscribe our Names though that be not very necessary and put to our Seals and use the help of Witnesses besides That former fashion continued absolute until the time of the Conquest by the Normans whose manners by little and little at the length prevailed amongst us for the first Sealed Charter in England is thought to be that of King Edward the Confessour to the Abbey of Westminster who being educated in Normandy brought into this Realm that and some other of their Fashions with him And after the coming of William the Conquerour the Normans liking their own Country Custom as naturally all Nations do rejected the manner that they found here and retained their own as Ingulphus the Abbot of Croiland who came in with the Conquest Witnesses saying The Normans do change the making of Writings which were wont to be firmed in England with Crosses of Gold and other holy Signs into an impression of Wax and reject also the manner of the English Writing Howbeit this was not done all at once but it increased and came forward by certain degrees so that first and for a season the King only or a few other of the Nobility used to Seal then the Noble-men for the most part and none other Which thing a man may see in the History of Battel Abbey where Richard Lucie Chief Iustice of England in the time of King Henry the Second is reported to have blamed a mean Subject for that he used a private Seal whereas that pertained as he said to the King and Nobility only At which time also as J. Rosse notes it they used to ingrave in their Seals their own Pictures and Counterfeits covered with a long Coat over their Armors But after this the Gentlemen of the better sort took up the Fashion and because they were not all Warriors they made Seals ingraven with their several Coats or Shields of Arms for difference sake as the same Author reports At length about the time of King Edward the third Seals became very common so that not only such as bare Arms used to Seal but other men also fashioned to themselves Signers of their own devices some taking the Letters of their own Names some Flowers some Knots and Flourishes some Birds and Beasts and some other things as we now yet daily see used Some other manners of Sealing besides these have been heard of among us as namely that of King Edward the third by which he gave to Norman the Hunter The Hop and the Hop-Town With all the bounds upside down And in witness that it was sooth He bit the Wax with his foretooth The like to this was shewed me by one of my Friends in a loose Paper but not very anciently written and therefore he willed me to esteem of it as I thought good It was as follows I William King give to thee Powlen Royden my Hop and my Hop-Lands with all the bounds up and down from Heaven to Earth from Earth to Hell for thee and thine to dwell from me and mine to thee and thine for a Bow and a broad Arrow when I come to hunt upon Yartow In witness that this is sooth I bit this Wax with my tooth in the presence of Magge Maud and Margery and my third son Henry Also that of Alberick de Vere containing the Donation of Hatfield to which he affixed a short black-hafted knife like an old half-peny whittle instead of a Seal with Divers such like But some peradventure will think that these were received in common use and custom and that they were not the devices and pleasures of a few singular persons such are no less deceived then they that deem every Charter and Writing that hath no Seal annexed to be as ancient as the Conquest whereas indeed Sealing was not commonly used till the time of King Edw. 3. as hath been already said 3. Delivery though it be set last is not the least for after a Deed is written and sealed if it be not delivered all the rest is to no purpose And this Delivery ought to be done by the party himself or his sufficient Warrant and so it will binde him whosoever wrote or sealed the same and by this last act the Deed is made perfect according to the intent and effect of it and therefore in Deeds the Delivery is to be proved c. Thus you see Writing and Sealing without Delivery is nothing to purpose Sealing and Delivery where there is no Writing work nothing And Writing and Delivery without Sealing make no Deed Therefore they all ought joyntly to concur to make a perfect Deed. Faitour FAitour is a word used in the old repealed Statute of 7 R. 2. cap. 5. and it is there taken in the worser sense for an Evil doer or an Idle companion and it seems there to be a Synomymon to Vagabond Fardingdeale FArdingdeal otherwise Farundel of Land signifies the Fourth part of an Acre Cromptons Jurisd fol. 220. b. Quadrantata terrae is read in the Reg. orig fol. 1 b where you may have Denariata and Obolata Solidata and Librata terrae which by probability must rise in proportion of quantity from Fardingdeal as a Half-peny Peny Shilling or Pound rise in value or estimation then must Obolata be Half an Acre Denariata the Acre Solidata Twelve Acres and Librata Twelve score Acres Yet in the Reg. orig fol. 94 and 248. you may find viginti Libratas terrae vel reditus whereby it seems that Librata terrae is as much as yields twenty shillings by the year and centum Solidatas terrarum tenementorum redituum fol. 249. And in F. N. B. f. 87. there are these words Viginti Libratas terrae vel reditus which proves this to be so much Land as is rated at twenty shillings by the year See Furlong Farm or Ferm FArm or Ferm is usually the chief Messuage in a Village or Town whereto belongs great Demeans of all sorts and hath been used to be let for term of Life Years or at Will The Rent that is reserved upon such a Lease or the like is called Farm or Ferm And Farmor or Fermor is he that Tenants the Farm or Ferm or is Lessee thereof Also generally every Lessee for life years or at will is called Farmor or Fermor And note That they are calltd Farms or Ferms of the Saxon word Feormian which signifies to Feed or yield Victual For in ancient