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A19476 The interpreter: or Booke containing the signification of vvords wherein is set foorth the true meaning of all, or the most part of such words and termes, as are mentioned in the lawe vvriters, or statutes of this victorious and renowned kingdome, requiring any exposition or interpretation. ... Collected by Iohn Cowell ... Cowell, John, 1554-1611. 1607 (1607) STC 5900; ESTC S108959 487,900 584

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the rent Sir Edward Coke lib. 3. Pennants case fol. 64. Collaterall condition is that which is annexed to any collaterall act as that the leassee shall not go to Rome ibi fol. 65. Condition is also diuided into condition in deed or fact and condition in lawe which otherwise may be tearmed condition expressed and condition implyed Perkins Conditions 722. These and other like diuisions of conditions you may reade in the author of the new Tearmes of law verbo Condition and in Litleton li. 3. cap. 5. Conders may seeme to proceed from the French conduire i. deducere gubernare they be such as stand vpon high places neere the sea coast at the time of herring fishing to make signes with bowghes c. in their hand vnto the fishers which way the shole of herrings passeth For that may beter appeare to such as stand vpon some high cliffe on the shore by a kind of blew colour that the said fish causeth in the water then to those that be in the shippes These be otherwise called huers by likelihood of the French huyer i. exclamare and balkers as appeareth by the statute anno 1. Iacob cap. 23. Cone key Bracton lib. 2. ca. 37. num 3. looke Cover and Key Confirmation confirmatio is a strengthening of an estate formerly had and yet voydable though not presently voide For example a Bishop graunteth his Chancelershippe by patent for the terme of the patentee his life this is no voide graunt but voydable by the bishops death except it be strengthened by the confirmation of the Deane and chapter See more of this in West parte prim symb lib. 2. sect 500. and Fitz. nat br fol. 169. B. 226. H. 271. D. 163. G. and Litleton lib. 3. cap. 9. Confiscate confiscatus may be said to come either from the Latine confiscare or the French confisquer i. in publicum addicere All these words are drawne from fiscus which originally signifieth a hamper pannyer basket or freyle but metonymically the Emperours treasure because it was anciently kept in such hampers c. And though our king keepe not his treasure in such things yet as the Romanes said that such goods as were forfeited to the Emperors treasurie for any offence were bona confiscata so do we those that are forfeited to our kings Exchequer See more of these goods confiscate in Stawnf pl. cor lib. 3. cap. 24. Conge d'eslire venia eligendi is very French and signifieth in our common lawe the kings permission royall to a Deane and chapter in time of vacation to chuse a bishop or to an Abbey or Priorie of his owne foundation to chuse their Abbot or Prior. Fitz. nat br fol. 169. B. 170. B. C. c. Touching this mater M. Gwin in the preface to his readings saith that the king of England as soueraigne patron of all Archbishoprickes Bishoprickes and other Ecclesiasticall benefices had of auncient time free appointment of all ecclesiasticall dignities when soeuer they chaunced to be voide inuesting them first per baculum annulum and afterward by his leters patents and that in proces of time he made the election ouer to others vnder certaine formes and conditions as namely that they should at euery vacation before they chuse demaund of the king congè d'eslire that is licence to proceede to election and then after the election to craue his royall assent c. And furder he affirmeth by good proofe out of common lawe bookes that King Iohn was the first that graunted this and that it was afterward confirmed by Westm pri ca. i. which statute was made anno 3. Ed. pri and againe by the statut Articuli cleri ca. 2. which was ordained anno 25. Ed. 3. statuto tertio Congeable cōmeth of the french conge i. venia It signifieth in our common law as much as lawfull or lawfully done as the entry of the disseisee is congeable Litleton fo 91. in meo Conisance See Cognisance Conizour aliàs cognizour recognitor commeth of the French cognoistre i. cognoscere cernere and is vsed in the passing of fynes for him that doth acknowledge the fyne and the conizee is hee to whome it is acknowledged West parte 1. symbol li. 2. sect 49. parte 2. titulo Fines sectio 114. See Recognizour Coniuration coniuratio is the very French word drawne from the latine which as it is compounded of con iuro so it signifieth a compact or plot made by men combining themselues together by oath or promise to doe some publique harme But in our common lawe it is especially vsed for such as haue personall conference with the deuill or evill spirit to knowany secret or to effect any purpose anno 5. Eliza. ca. 16. And the difference that I haue obserued how truly let those iudge that be beter skilled in these maters betweene coniuration and witch craft is because the one seemeth by prayers and invocation of Gods powerfull names to compell the devill to to say or doe what he commandeth him the other dealeth rather by a friendly and voluntarie conference or agreement betweene him or her and the deuill or familiar to haue her or his desires and turnes serued in lien of blood or other gift offered vnto him especially of his or her soule And both these differ from inchawntments or forceries because they are personall conferences with the deuill as is said but these are but medicines and cerimoniall formes of words called commonly charmes without apparition Consanguineo is a writ for the which See Avo and See the Register orig De auo proavo consanguineo fo 226. a. Conseruatour of the truce and safe conduicts conservator induciarum saluorum regis conductuum was an officer appointed in euery port of the Sea vnder the Kings leters patents and had 40. pound for his yearely stipend at the least His charge was to enquire of all offences done against the Kings truce safe conduicts vpon the maine sea out of the countries and out of the franchises of the Cinque ports of the king as the admirals of custome were wont and such other things as are declared anno 2. H. 5. ca. 6. Touching this mater you may read another statut anno 4. H. 5. cap. 7. Conseruatour of the peace conseruator vel custos pacis is he that hath an especiall charge by vertue of his office to see the kings peace kept which peace learned M. Lamberd defineth in effect to be a withholding or abstinence from that iniutious force and violence which boysterous and vnruly persons are in their natures prone to vse toward others were they not restrained by lawes and feare of punishment Of these conservators he farder saith thus that before the time of K. Edward the third who first erected Iustices of peace there were sundrie persons that by the common lawe had interest in keeping of the peace Of those some had that charge as incident to their offices which they did beare and so included within the same
spices and drugs to be garbleled 1. Iaco. 19. Day dies is sometime vsed in the lawe for the day of appearance in court either originally or vpon assignation and sometime for the returnes of writs For example daies in bank be daies set downe by statute or order of the court when writs shall be returned or when the partie shall appeare vpon the writ serued And of this you may read the statutes anno 51. H. 3. ca. 1. 2. Marlb ca. 12. anno 52. H. 3. and the statute de anno bissextili anno 21. H. 3. and lastly anno 32. H. 8. ca. 21. To be dismissed with out day is to be finally discharged the court Kitchin fo 193. He had a day by the rolle Kitchin fo 197. that is he had a day of appearance assigned him Day yeere and waste Sea Dies and yeare Deadly feude feuda is a profession of an vnquencheable hatred vntill we be reuenged euen by the death of our enemie It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is vsed anno 43. Eliz. cap. 13. Dead pledge mortuum vadium See Mort gage Deane decanus is an ecclesiasticall magistrate so called of the greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power ouer ten Canons at the least How be it in England we vse to call him a deane that is next vnder the bishop and cheife of the chapter ordinarily in a cathedrall church and the rest of the societie or corporation we call Capitulum the chapter But this word how diuersly it is vsed read Lindwood titulo de iudiciis ca. pri verbo Decanirurales where deane rurals are saide to be certaine persons that haue certaine jurisdiction ecclesiasticall ouer other ministers and parishes neere adioyning assigned vnto them by the Bishop and archdeacon being placed displaced by them As there be two foundations of cathedrall churches in England the old the new the new bethose which Henry the 8. vpon suppression of abbeyes transformed from abbot or prior couēt to deane and chapter so be there two meanes of creating these deanes For these of the old foundation are brought to their dignitie much like Bishops the king first sēding out his congè d' eslire to the chapter the chapter then chusing the king yeelding his royal assēt and the Bishop confirming him and giuing his mandate to installe him Those of the newe foundation are by a shorter course installed by vertue of the kings leters patents without either election or confirmation This word is also applyed to diuers that are the chiefe of certaine peculiar Churches or chapels as the deane of the kings chapell the deane of the Arches the deane of Saint George his chapell in Windsour the deane of Bockin in Essex Debet solet These words are diuers times vsed in the writers of the common lawe and may trouble the minde of a young student except he haue some aduertisement of them For example it is saide in the old nat br fo 98. This writ de secta molendini being in the debet and solet is a writ of right c. and againe fo 69. A writ of Quod permittat may be pleaded in the countie before the shyreeue and it may be in the debet and in the solet or the debet with out the solet according as the Demandāt claymeth wherfore note that those writs that be in this sort brought haue these words in them as formall words not to be omitted And according to the diuersity of the case both debet and solet are vsed or debet alone that is if a man siew to recouer any right by a writ whereof his awncester was disseised by the tenent or his awncester then he vseth onely the word debet in his writ because solet is not fit by reason his awncester was disseised and the custome discontinued but if he siew for any thing that is now first of all denied him then he vseth both these words debet so'et because his awneesters before him and he him selfe vsually imoyed the thing siewed for as suite to a mille or common of pasture vntill this present refusall of the tenent The like may be saide of debet and detinet as appeareth by the Register orig in the writ de debito fo s 40. a. Debito is a writ which lieth where a man oweth to another a certaine summe of mony-vpō an obligation or other bargain for any thing sold vnto him Fitz. nat br fo 119. This writ is made somtime in the Detinet not in the Debet which properly falleth out where a man oweth an annuitie or a certaine quantity of wheat barley or such like which he refuseth to pay old nat br fo 75. See Debet Solet Denelage denelagia is the law that the Danes made heere in England out of which and Merchenlage and West Sexonlage the Conquerour compounded certaine ordinances for his subiects Camdeni Britan. pa. 94. pa. 183. Decem tales See Tales Decies tantum is a writ that lieth a gainst a Iurour which hath taken mony for the giuing of his verdict called so of the effect because it is to recouer ten times so much as he tooke It lieth also against embracers that procure such an enquest anno 38. Ed. 3. ca. 13. Reg. orig fo 188. Fitzh nat br fo 171. New booke of Entrise verbo Decies tantum Deceyte déceptio fraus dolus is a subtile wilie shift or deuiso hauing noe other name Hereunto may be drawen all maner of craft subtiltie guile fraude wilynes slightnes cunning couin collusion practise and offence vsed to deceiue another man by any means which hath none other proper or particular name but offence West parte 2. symbol titulo Indictments sect 68. See Cosening Decenniers See Deciners Deceptione is a writ that lieth properly against him that deceitfully doth any thing in the name of another for one that receiueth harme or dāmage therby Fuzh. nat br fo 95. This writ is either originall or iudiciall as appeareth by the old nat br fo 50. where you may reade the vse of both For some satisfaction take these words of that booke This writ of deceit when it is original then it lieth in case where deceit is made to a man by another by which deceit he may be disherited or otherwise euill intreated as it appeareth by the Register c. And when it is iudiciall then it lieth out of the rols of record as in case where scire facias is sent to the Shyreeue that he warme a man to be before the Iustices at a certaine day and the Shyreeue returne the writ serued whereas the said man was not warned by which 〈◊〉 partie that sieweth tho scire 〈…〉 as recouereth then the party which ought to haue beene warned shall haue the saide writ against the Shyreeue The author of the termes of lawe verbo Deceite saith that the