Selected quad for the lemma: england_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
england_n earl_n lord_n marshal_n 3,722 5 11.2036 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A58086 Les termes de la ley; or, Certain difficult and obscure words and terms of the common laws and statutes of this realm now in use, expounded and explained Now corrected and enlarged. With very great additions throughout the whole book, never printed in any other impression.; Expositiones terminorum Legum Anglorum. English and French. Rastell, John, d. 1536. 1685 (1685) Wing R292; ESTC R201044 504,073 1,347

There are 2 snippets containing the selected quad. | View lemmatised text

of this Sect. Lord in Grosse LOrd in Grosse is he who is Lord without a Mannor as the King in respect of his Crown Fitz. Nat. Brev. fol. 5. A man makes a Gift in tail of all his Land to hold of him and dies his Heir hath nothing but a Seignory in Gross Lotherwit LOtherwit is that you may take amends of him who doth deffle your Bondwoman without your licence Lushburgh LUshburgh was a counterfeit Coin in the time of E. 3. made beyond Seas in likeness of English Moneys and brought in to deceive the King and his Subjects And therefore it is declared to be Treason by the Stat. of 25 E. 3. Stat. 5. cap. 2. for any man to bring it into the Realm knowing it to be false M. Maegbote MAEgbote was a a Recompence for a Kinsman slain Maihem or Maime MAihem or Maime is where by the wrongful act of another any Member is hurt or taken away whereby the party is made unperfect to fight As if a Bone be taken out of the Head or broken in any other part of the Body or Foot or Hand or Finger or Joynt of a Foot or any Member be cut or by some Wound the Sinews be made to shrink or the Fingers made crooked or if an Eye be put out Fore-teeth broken or any other thing hurt in a mans Body by means whereof he is made the less able to defend himself or offend his enemy But the cutting off of an Ear or Nose or breaking of the Hinder-teeth or such like is no Maihem because it is rather a deformity of Body then diminishing of Strength and that is commonly tryed by the Justices beholding the party And if the Justices stand in doubt whether the hurt be a Maihem or not they use and will of their own discretion take the help and opinion of some skilful Chirurgeon to consider thereof before they determine upon the Cause Mainpernable MAinpernable that may be mainprised or delivered to Mainpernors See the Statute of Westm 1. Cap. 15. what persons may be mainpernable what not Mainprise MAinprise is when a man is arrested by Capias the Iudge may deliver his body to certain men to keep and to bring before him at a certain day and these are called Mainpernors and if the party appear not at the day assigned the Mainpernors shall be amerced Maintenance MAintenance is where any man gives or delivers to another that is Plaintif or Defendant in any Action any sum of money or other thing to maintain his Plea or takes great pains for him when he hath nothing therewith to do then the party grieved shall have against him a Writ called a Writ of Maintenance Manbote MAnbote signifies a Pecuniary Compensation for the killing a man Lambert Mandamus MAndamus is a Writ that goes to the Escheator for the finding of an Dffice after the death of one that died the Kings Tenant and it is all one with the Writ of Diem clausit extremum but that the Diem clausit extremum goes out within the year after the death and the Mandamus goes not out till after the year and in case where there was never any Diem clausit extremum sued out or was not sued out with effect Fitz. N. B. 253. B. C. See the Stat. 12 Car. 1. cap. 24. Also there is another sort of Mandamus granted upon Motion in the Kings Bench one to the Bishop to admit an Executor to prove a Will or to grant Administration Stiles Reports 78. Another to command Corporations to restore Aldermen and others to Offices out of which they are unjustly put out Look 11 Report James Bag 's Case Mannor MAnnor is compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowson Court-Baron and such like which make a Mannor And this ought to be by long continuance of time the contrary whereof mans memory cannot discern for at this day a Mannor cannot be made because a Court-Baron cannot now be made and a Mannor cannot be without a Court-Baron and Suiters and Freeholders two at the least for if all the Free-holds except one escheat to the Lord or if he purchase all except one there his Mannor is gon for that it cannot be a Mannor without a Court-Baron as is aforesaid and a Court-Baron cannot be holden but before Suiters and not before one Suiter and therefore where but one Free-hold or Freeholder is there cannot be a Mannor properly although in common speech it may be so called Mansion MAnsion Mansio is most commonly taken for the chief Messuage or Habitation of the Lord of a Mannor the Mannor-house where he doth most reside his Capital Messuage as it is called of which the Wife by the Statute of Mag. Chart cap. 7. shall have her Quarentine Munucaptio MAnucaptio is a Writ that lies for him who is arrested or indicted of Felony and offers sufficient Sureties for his Appearance but the Sheriff or he whom it concerns will not suffer him to be bailed then he shall have his Writ to command them to suffer him to be bailed See of this Fitz. N. B. fol. 249. G. Manumission MAnumission is the making a Bond-man free and may be in two sorts the one is a Manumission expressed the other a Manumission implied Manumission expressed is where the Lord makes a Deed to his Villain to Infranchise him by this word Manumittere which is as much to say as to let one go out of another mans hands or power The manner of Manumitting or Infranchising in old time most usually was thus The Lord in presence of his Neighbors took the Bondman by the Head saying I will that this Man be free and therewith shoved him forward out of his hand and by this he was free Manumission implied without this word Manumitere is when the Lord makes an Obligation to his Villain to pay him money at a certain day or sues him where he might enter without Suit or grants him an Annuity or Leases Lands to him by Deed for years or life and in divers like cases the Villain thereby is made free Marchers MArchers are the Noble-men dwelling on the Marches of Wales or Scotland who in ● imes past had their private laws as if they had been Kings and therefore in the Statutes of 2 H. 4. c. 28. 26 H. 8. cap. 6. 27 H. 8. cap. 26. and 1 E. 6. cap. 10. they are called Lord Marchers Marches MArches are the bounds and Limits betwixt us and Wales or Scotland so called either from the German word March which signifies a Frontire or Border or else from the French word Marque that is a Sign or Token of Distinction these being the notorious Distinctions of two divers Countries Of these you shall read in the Statutes of 4 H. 5. cap. 7. 22 E. 4. cap. 8. 24 H. 8. cap. 9. and others Marshal MArshal is a general word for many Officers in England as the Lord or Earl Marshal of whom mention is made in the Statutes
commands and the other doth it rather by a friendly and voluntary Conference or agreement between him or her and the Devil or Familiar to have his or her desires and purposes effected instead of blood or other gift offered him especially of his or her Soul And both these differ from Enchantments or Sorceries because they are personal Conferences with the Devil as is said but these are but Medicines and ceremonial forms of words commonly called Charms without apparition Conservator of the Peace COnservator of the Peace is he that hath an especial charge by virtue of his Office to see the Kings Peace kept Which Peace in effect is defined to be A with-holding or abstinence from that injurious force and violence that unruly and boisterous men are in their natures prone to use towards others were they not restrained by Laws and fear of Punishment Of these Conservators Lambert farther saith That before the time of King E. 3 who first appointed Iustices of Peace there were sundry persons who by the Common Law had interest in keeping of the Peace Of those some had that charge as incident to their Offices and so included within the same and yet notwithstanding were called by the name of their Office only others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace And both these sorts are again subdivided by Lambert in his Eirenarcha l. 1. c. 3. Conservator of the Truce COnservator of the Truce was an Officer appointed in every Port of the Sea under the Kings Letters Patents and had 40 li. for his yearly stipend at the least His charge was to enquire of all Offences done against the Kings Truce and Sa ● e conducts upon the main Sea out of the Countries and Liberties of the Cinque-Ports of the King as the Admirals have accustomedly done and such other things as are declared Anno 2 H. 5. cap. 6. Touching this matter you may read the other Statute of Anno 4 H. 5. c. 7. Consideration COnsideration is the material cause of a Contract without which no Contract can bind the party This Consideration is either expressed as when a man bargains to give twenty shillings for an Horse or is implied as when the Law it self inforces a Consideration as if a man comes into a common Inne and there staying some time takes meat or lodging or either for himself or his horse the Law presumes he intends to pay for both notwithstanding that nothing be covenanted between him and his Host and therefore if he discharges not the house the Host may stay his horse Also there is Consideration of nature and blood and Valuable Consideration and therefore if a man be indebted to divers others and yet in consideration of natural affection gives all his goods to his son or cousin this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable consideration Consistory COnsistory is a word borrowed of the Italians or rather Lombards and signifies as much as Tribunal It is vocabulum utriusque Juris and is used for the place of Iustice in the Courts Christian or Spiritual Consolidation COnsolidation is used for the Combining and uniting of two Benefices in one And this word is taken from the Civil Law where it properly signifies an Vniting of the possession occupation or profit with the property As if a man hath by Legacy usum fructum fundi and after purchases the Property or Fee-simple of the Heir in this case a Consolidation is made of the Profits and Property Vide Brook tit Union Conspiracie COnspiracie notwithstanding that in Latine and French it is used for an Agreement of men to do a good or evil thing yet it is commonly taken in our Law in the evil part and is defined in 34 E. 1. Stat. 2. to be an Agreement of such as confeder or bind themselves by Oath Covenant or other alliance that every of them shall bear and aid the other falsly and maliciously to indict or falsly to move or maintain Pleas and also such as cause Children within age to appeal men of Felony whereby they are imprisoned and sore grieved and such as maintain men in the Country with Liveries and Fees to maintain their malicious enterprises and this extends as well to the takers as to the givers Also Stewards and Bayliffs of great Lords who by their Selgniory Office or power undertake to bear or maintain Quarrels Pleas or Debates that concern other parties then such as touch the Estate of their Lords or of themselves Anno 4 E. 3. c. 11. 3 H. 7. c. 13 And hereof see more 1 H. 5. c. 3. 18 H. 6. c. 12. also in the old Book of Entries word Conspiracie This word in the place before rehearsed is taken more generally and is confounded with Maintenance and Champerty but in a more special signification it is taken for a Confederacy between two or more falsly to indict one or to procure one to be indicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Suit of the King is That the party attainted shall lose his frank law so that he shall not be impanelled upon Iuries or Assises or such like imployments for testifying of the truth and if he hath to do in the Kings Court he shall make his Attorney and his lands goods and chattels shall be seised into the Kings hands his lands estreaped his trees digged up and his body committed to prison 27 lib. Assise 59 Crompton 156. b. this is called villanous Judgement But if the party grieved will sue a Writ of Conspiracy then see Fitzh Nat. Brev. 114. d. 115. i. c. Constable COnstable is diversely used in the Common Law And first the Constable of England who is also called Marshal Stanf. Pl. Cor. fol. 65. of whose authority and dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm His power consists in the care of the common Peace of the Land in deeds of Arms and matters of War Lamb. Duties of Constables num 4. wherewith agrees the Statute of 13 R. 2. c. 2. Stat. 1. Of this Officer or Magistrate Gwyn in the Preface to his Readings saith to this purpose The Court of the Coustable and Marshal determines Contracts touching Deeds of arms out of the Realm and handles things concerning Wars within the Realm as Combats Blazons of armory and suth like but he hath nothing to do with Battel in appeal nor generally with any other thing that may be tried by the Law of the Land See Fortesc ' cap. 32. This Office heretofore was appertaining to the Lords of certain Manors Jure feudi and why it is discontinued see Dyer 285. pl. 39. Out of this Magistracie saith Lambert were drawn these inferior Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of