and not retornable And if the Sheriff do it not then there shall go forth another Writ Sicut alias and afterward another Writ Sicut pluries vel causam nobis significes which shall be retornable And if the Sheriff yet make no Replevin then there shall issue an Attachment directed to the Coroners to attach the Sheriff and to bring him before the Iustices at a certain day and farther that they make execution of the first Writ Replication REplication is when the Defendant in any Action makes an Answer and the Plaintiff replies to that that is called the Replication of the Plaintiff Reprises REprises are Deductions Payments and Duties that go yearly and are paid out of a Mannor as Rent chare Rent seck Pensions Corrodies Annuities Fees of Stewards or Bailiffts and such like Reprieve REprieve comes from the French Repris that is taken back so that to reprieve is properly to take back or suspe â— d a Prisoner from the Execution and proceedings of the Law for that time Requests REquests is a Court held in the Kings Palace before the Master of the Requests by Petition and it seems is a Court of Equity Rere County REre County is a word used in the Statutes of Westm 2. cap. 39. and 2 E. 3. c. 5. and seems by those Statutes to be some publick place which the Sheriff appointed for the receiving of the Kings mony after his County Court was done Resceit REsceit is when any Action is brought against the Tenant for term of life or years and he in the Reversion comes in and prays to be received to defend the Land and plead with the Demandant And when he comes it behoves that he be alway ready to plead with the Demandant In the same manner a Wife shall be received for the default of her Husband in an Action brought against them both And Tenant for years shall be received to defend his Right where in an Action brought against the Tenant of the Free-hold he pleads faintly Rescous REscous is a Writ that lies when any man takes a Distress and another takes it again from him and will not suffer him to carry the Disress away this is a Rescous upon which he may have this Writ and shall recover dammages Also if one distrain Beasts for dammage Feasant in his Ground and drives them in the High way to Impound them and in going they enter into the House of the owner and he withholds them there and will not suffer the other to impound them that withholding is a Rescous Also if a Sheriff takes my Debtor by an Execution or by mesne Process and J. S. rescue him out of the Custody of the Sheriff I may have an Action of Rescous against J. S. for this wrong and recover Dammages and Debt Reservation REservation is taken divers ways and hath divers natures As sometimes by way of exception to keep that which a man had before in him As if a Lease be made for years of Ground reserving the great Trees growing upon the same now the Lessee may not meddle with them nor with any thing that comes of them so long as it abides in or upon the Trees as Mast of Oak Chesnut Apples or such like but if they fall from the Trees to the ground then they are by right the Lessees for the Ground is let to him and all thereupon not reserved c. Sometimes a Reservation doth produce and bring forth another thing which was not before As if a man Lease his Lands reserving yearly for the same xxli c. And divers other such Reservations there be And note that in ancient time their Reservations were as well in Victuals whether Flesh Fish Corn Bread Drink or what else as in Money until at last and that chiefly in the Reign of King Henry 1. by agreement the Reservation of Victuals was changed into ready Money as it hath hitherto continued Residence REsidence comes from the Latine Residere and is all one with Resiance but that this word Residence is oftner appropriated to the Continuance of a Parson or Vicar upon his Church or Benefice and so it is used in the Statute of 28 H. 8. cap. 13. Resignation REsignation is where an Incumbent of a Church resigns or leaves it to the Ordinary who did admit him to it or to his Successors which differs from Surrender since by that he to whom the Resignation is made hath no interest in the thing so resigned but he to whom the Surrender is made hath by that the thing it self Restitution REstitution is when a Iudgment is reversed by Error then a Writ of Restitution shall issue to restore to the Defendant in the Action what he hath lost And there is a Writ of restitution of stolen goods upon conviction of the Thief which is made at the Sessions or Assises on the Statute of 21 H. 8. 11. Noy rep 128. Resummons REsummons is a Second Summons of a man to answer an Action where the first Summons is defeated by the Demise of the King or such other cause And of this see Coke lib. 7. fol. 29. b. Also if a Terr-tenant returned upon a Scire facias or Defendant in another Action plead non-age and the Plea stays until c. When he comes of full age the Plaintiff upon a suggestion may have a Scire facias or resummons And so when a Plea is staid by pleadiny Protection Excommunication or such other disability Resumption REsumption is a word used in the Statute of 31 H 6. c. 7. and is there taken for the Taking again into the Kings hands such Lands or Tenements as upon false suggestion or other error he had made Livery of to an Heir or granted by Patent to any man Retraxit REtraxit is the Preterperfect tense of Retraho to pull back and is when the party Plaintiff or Demandant comes in proper person into the Court where his Plea is and saith he will not proceed any farther in the same c. this will be a Bar to the Action for ever Reve or Reeve REeve is an Officer more known in ancient time then at this day for almost every Mannor had then a Reeve and yet still in many Copyhold-Mannors where the old custom prevails the name and office is not altogether forgotten And it is in effect that which now every Bayliff of a Mannor practises although the name of Bayliff was not then in use amongst us being siuce brought in by the Normans But the name of Reeve anciently called Greeve which Particle Ge in continuance of time was altogether left out and lost came from the Saxon word Geresa which signifies a Ruler And so indeed his Rule and Authority was large within the compass of his Lords Mannor and among his men and Tenants as well in matters of Government in peace and war as in the skilful use and trade of Husbandry For as he did gather his Lords Rents pay Reprises or Duties issuing out of the Manor set the Servants
Law is if the Tenant holds of his Mesne by like Service as the Mesne holds over of the Lord and the Tenant doth or pays his Services to the Mesne but the Mesne doth not his Services to the chief Lord wherefore he distrains the Beasts of the Tenant In this case the Mesne for the equalness of the Services ought to acquit the Tenant of the Service due unto the Lord. Also there is Acquital in Law acquital in fact Acquital in Law is when two are appealed or indicted of Felony the one as Principal the other as Accessory the Principal being discharged the Accessory by consequence is also acquitted And in this case as the Accessory is acquitted by the Law so is the Principal in Fact Stamf. pl. cor fol. 168. Acquittance ACquittance is a Discharge in Writting of a Sum of money other Duty which ought to be paid or done As if one be bound to pay money upon Obligation or Rent reserved upon a Lease or such like and the party to whom the money or duty should be paid or done upon the Receipt thereof or upon other agreement between them had makes a writing or Bill of his hand in discharge thereof witnessing that he is paid or otherwise contented and therefore doth acquit and discharge him of the same Which Acquittance is such a Discharge and Bar in the Law that he cannot demand and recover the sum or duty again if he produce the Acquittance This word differs from that which in the Civil Law is called Acceptation because that may be by word without writting and is nothing but a feigned Payment and discharge though no payment be had Nor can it be said to be Apocha which is a witnessing the payment or delivery of money whch disscharges not unless the money be paid Acre ACre is a certain parcel of Land that contains in length forty Perches and in breadth four Perches or of this quantity be the length more or less And if a man will erect a new Cottage he ought to lay four Acres of Land unto it according to this measure 31 Eliz. cap. 7. And with this measure agrees Master Crompton in his Jurisdiction of Courts fol. 222. Yet he saith that according to divers customs of several Countries the Perch differs being in some places and most usually but sixteen foot and an half But in the County of Stafford the Perch is twenty four foot as was heretofore adjudged in the Exchequer In the Stat. made an 24 H. 8. c. 14 for the sowing of Flax 166 Perches make au Acre The Ordinance of Measuring of land made an 34 E. 1. St. 1. agrees with this account Action ACtion is the form of a Suit given by the Law to recover a thing as an Action of Debt and such like or as it is Co. 8. f. 151 a. An Action is a right of prosecuting to judgment that which is due to any one See the Lexicon of the Law for Action Action of a Writ ACtion of a Writ is a phrase of speech used when one pleads some matter by which he shews that the Plaintiff had no cause to have the writ which he brought and yet it may be that he may have another writ or Action for the same matter Such a Plea is called a Plea to the Action of the Writ whereas if by the Plea it should appear that the Plaintiff hath no cause to have an Action for the thing demanded then it shall be called a Plea to the Action Action upon the Case ACtion upon the Case is a writ brought against one for an offence done without force as for not performing promise made by the Defendant to the Plaintiff or for speaking of words by which the Plaintiff is defamed or for other misdemaenour or deceit where the whole case shall be contained in the Writ Trover Nusance Slander of the person Trade Title Escape on mesne Process For negligent keeping Fire for inartificial performing work for turning an ancient Water-course for a Commoner against one who digs the soil of his Common or puts his Cattel into it without right or incloses part of the Cemmon Action mixt ACtion mixt is a Suit given by the Law to recover the thing demanded and damages for the wrong done as in Ass of Novel dis which Writ if the Disseisor make a Feoffm to another the Diseissce shall have against the Disseissor and the Feoffee or other Tertenant and thereby shall recover his Seissn of the land and his damages for the mean profits and for the wrong done him And so is an Action of Waste Quare impedit But an Action of Detinue is not called an Action mixt although by it the thing withheld is demanded and shall be recovered if it may be found and damages for the withholding and if it cannot be found then damages for the thing and the detaining But that is called only an Action personal because it should be brought only for Goods and Chattels or Charters Action upon the Statute ACtion upon the Statute is a Writ founded upon any Statute whereby an Action is given to one in any case where no action was before As where one commits perjury to the prejudice of another who is indamaged shall have a Writ upon the Statute and his case And the difference between an Action upon the Statute and Action popular is That where the Statute gives the Suit or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where by the Statute Authority is given to every one that will to sue that is termed Action popular Actions personal ACtions personal are such Actions whereby a man claims debt or other Goods and Chattels or damage for them or damages for wrong done to his person and it is properly that which in the Civil Law is called Actio in personam which is brought against him who is bound by Covenant or Default to give or grant any thing Action Popular ACtion popular is an Action given upon the breach of some penal Statute which Action every man that will may sue for himself and the King by information or otherwise as the Statute allows and the case requires Aud of these Actions there are an infinite number but one for example as when any of the Iury that are impannelled and sworn to pass between party and party indifferently do take any thing of the one side or other or of both parties to say their Verdicts on that side then any man that will within the year following the offence may sue a writ called Decies tantum against him or them that so did take to give his Verdict And because this Action is not given to one especially but generally to any of the Kings people that will sue it is called an Action popular But in this case when one hath begun to pursue an Action no other may sue it and in this as it seems it varies from an Action popular by the Civil
have any real or personal Action concerning land but in every such Action the Tenant or Defendant may plead that he was born in such a place which is not within the Kings liegeance and demand judgment if he shall be answered Every alien friend may by the Common Law have and get within this realm by gift trade or other lawful ways any treasure or personal goods whatsoever as well as any Englishman and may maintain any Action for the same But Land within this realm or houses if not for their dwelling only Alien friends connot have nor get nor maintain any Action real or personal for any Land or House unless the House be for their necessary dwelling An Alien enemy cannot maintain any Action nor get any thing within this Realm And the reasons why aliens born are not capable of inheritance within England are 1. The Secrets of the Realm may by this be discovered 2. The Revenues of the Realm shall be taken and injoyed by Strangers born 3. This will tend to the destruction of the Realm First in the time of war for then Strangers may fortifie themselves in the heart of the Realm and set in combustion the Common-wealth Secondly in the time of peace for by such means many Aliens born may get a great part of the Inheritance and free-hold of the Realm by which there would ensue a want of Iustice the supporter of the Common-wealth for this that Aliens cannot be returned of Iuries nor sworn for the tryal of Issues between the King and Subject or between Subject and Subject Vide Coke lib. 7. Calvins Case Alienation ALienation is as much to say as to make a thing another mans or to alter or put the possession of Lands or other things from one man to another And in some cases a man hath power in himself so to do without the assent or licence of any other and in some not As if Tenant in chief alien his estate without the Kings licence then by the St. of 1 Ed. 3. c. 12. a reasonadle Fine shall be taken where at the Common Law before the said St. the Lands and tenements held in chief of the K. and aliened without licence have been held forfeited And if the K's Tenant that holds in chief intended to alien unto C. to the use of D. and hereupon if he purchase Licence to alien to C. and accordingly aliens to C. to the use of D. which use is not mentioned in the Licence in this case he shall pay but one Fiue for it is but one Alienation Coke lib. 6 fol. 28. But if a man will alien Lands in Fee-simple to an House of Religion or to a body incorporate it behoves him to have the Kings Licence to make this Grant or Alienation and the chief Lords of whom such lands are held c. otherwise the land so alienated in Mortmain shall be forfeited by the Statute of 15 R. 2. cap. 5. Allay ALlay is the Temper or mixture of Gold and Silver with baser metal for the increasing the weight of it so much as might countervail the Kings charge in the coyning This word is used in the Statute of 9 H. 5. cap. 11. for the payment of English Gold by the Kings weight Almner ALmner is an Officer of the Kings house whose Office is to distribute the Kings Alms every day and to that purpose he hath the collecting of all Forfeitures of Deodands and of the goods of Felons de se which the King allows him to dispose in Alms to the poor And of his Office see Flets lib. 2. cap. 22. Almoin ALmoin See Aumone Alnager ALnager is an Officer of the Kings who by himself or by his Deputy looks to the Assise of all Cloth made of Wool throughout the Land and to put a Seal for that purpose ordained unto them 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. And he is to be accomptable to tae King for every Cloth that is so sealed in a Fee or Custom hppertaining to it Altarage ALtarage in Latin Altaragium signifie Duties and Offerings to holy Altars mention'd 2 Cro. Rep. 516. that a Vicarage was endowed with it and small Tythes Ambidexter AMbidexter is he that when a matter is in suit between men takes money of the one side and of the other either to labour the Suit or such like or if he be of the Iury to give his Verdict Amendment AMendment is When Error is in the Process the Iustices may amend it after Iudgment But if there be Error in giving Iudgment they may not amend it but the party is put to his Writ of Error And in many cases where the default appears in the Clerks that writ the Record it shall be amended but such things as come by information of the party as the Town Mystery and such like shall not be amended for he must inform true upon his peril Amercement AMercement most properly is a Penalty assessed by the Peers or equals of the party amerced for an offence done as for want of Suit of Court or for not amending someting that he was appointed to redress by a certain time before or for such like cause in which case the party who offends puts himself in the mercy of the King or Lord and thereupon this Penalty is called Amerciament And there is a difference between Amerciaments and Fines Kitch 214. For Fines are Punishments certain which grow expressy from some Statute and Amerciaments are such which are arbitrarity imposed by the Affeerors which Kitchin seems to confirm fol â— 8. in these words The Amerciament is affeered by Equals Also it appears Coke lib. 8. fol. 39. That a Fine is always imposed and assessed by the Court but Amerciament which is called in Latin Misericordia is assessed by the Country Another diversity there is as if a man be convict before the Sheriff of the County of a Recaption he shall be only amerced but if he be convict of this in the Common Bench he shall be fined And the reason of this diversity is That the County Court is not a Court of Record and therefore cannot impose a Fine for no Court can impose a Fine but such a Court as is of Record Cok. lib. 8. fol. 41. a. If the Defendant or Tenant plead a false Deed to him or deny his own Deed and this is found against him or he leaving his own Verification acknowledges the Action he shall be fined for his falsity because we ought to be sure of our own Acts. But if one deny the Deed of his Ancestor and this is found against him yet he shall not be fined but amerced only because it was the act of a Stranger Co. lib. 8. fol. 60. a. see more there Amercement royal AMercement royal is when a Sheriff Coroner or other such Officer of the King is amerced by the Iustices for his abuse in the Office Learn if it should not be called a Fine Amoveas manus AMoveas manus See Ouster le
Augmentation remains to this day wherein there are many Records of great use and importance Aumone AUmone or Tenure in Almoin is Tenure by Divine Service for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims whereof some Service is reserved to the Feoffer or Donor Auncel weight AUncel weight was an ancient manner of Weighing in England by the hanging of balances or hooks at each end of a staff which the party lifted up upon his finger or with his hand and so discerned the equality or difference of the things weighed But this weight being subject to much deceit many Statutes were made to out it as the Stat. of 25 E. 3. c. 9. 34 E. 3. c. 5. 8 H. 6. c. 5. and others And it was called Auncel weight as much as to say Handsale Weight Ancient or Ancient Demesne ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor and which he caused to be written in a Book called Dooms-day sub titulo Regis and all the Lands holden of the said Manors are held and the Tenants shall not be impleaded out of the said Manors and if they be they may shew the matter and abate the Writ but if they answer to the Writ and Iudgment be given then the Lands become frank-free for ever until that Iudgment be reversed by writ of Disceit Ra. Ent. 100 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T â— ll for all things concerning their sustenance and Husbandry in ancient Demesne and for such Lands they shall not be put or impannelled upon any Enquest But all the Lands in Ancient Demes â— e that are in the Kings hands are frank-free and pleadable at the Common Law See more after in the Title Sokmans Avoir de pois AVoir de pois is as much as to say true or just weight And it signifies in our Law Two things first a kind of weight diverse from that which is called Troy Weight which hath but 12 ounces to the pound whereas Avoir de pois hath 16. Secondly it signifies such Merchandises as are weighed by this weight and not by Troy weight As you may see in the Statute of York 9. E. 3. 27 E. 3. c. 19 Stat. 2. c. 10. and the Statute of Glocester 2 R. 2. c. 1. Avowry AVowry is where one takes a Distress for Rent or other thing and the other sues Replevin then he that hath taken it shall Iustifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking and that is called his Avowry But if he took it in or for the right of another then when he hath shewed the cause he shall make conusance of the taking as Bailiff or servant to whom in whose right took it Avowterer AVowterer is an Adulterer with whom a married woman continues in Adultery the Crime is called Avowtry 43 E. 3. 19. Awme AWme is a Vessel that contains 40 galons of Rhen â— sh wine and is mentioned in the Statute made 1 Jac. c. 23. B Backberind Thief BAckberind Thief is a Thief taken with the manner that is having that found upon him being followed with a Hue and Cry which he hath stollen whether it be Money Linnen Wollen or other stuff but it is most properly said when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest which are Dog-draw Stable-stand Back-berind and Bloody-hand Badger BAdger is as much as to say Bagger of the French word Baggage id est Sarcina And it is used with us for one that is licenced to buy Corn or other Victuals in one place and carry them to another and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute Bail BAIL is when a man is taken or arrested for Felony suspicion of Felony indicted of Felony or any such case so that he is restrained of his liberty and being by Law bailable offers Surcties to those who have authority to bail him which Sureties are bound for him to the Kings use in a certain Sum of money or body for body that he shall appear before the Iustices of Goal-delivery at the next Sessions c. Then upon the Bonds of these Sureties as is aforesaid he is bailed that is set at liberty until the day appointed for his appearance Manwood in the first part of his Forest Law pag. 167. says There is a great diversity between Bail and Mainprise for he that is mainprised is always said to be at large and to go at his own liberty out of ward after he is put to Mainprise until the day of his Appearance by reason of Common Summons or otherwise But it is not so where a man is put to bail by four or two men by my Lord chief Iustice in Eyre of the Forest until a certain day for there he is always accounted by the Law to be in their ward and custody for the time and they may if they will hold him in ward or in Prison till that time or otherwise at their will so that he that is bail'd â— hall not be said by the Law to be at large or at his own liberty Bailement Bailement is a Delivery of things whether Writings Goods or Stuff to another sometimes to be delivered back to the Bailor that is to him that so delivered it sometimes to the use of the Bailee that is of him to whom it is delivered and sometimes also it is delivered to a third person This delivery is called a Bailment Bailiff BAiliff is an Officer that belongs to a Mannor to order the husbandry and hath authority to pay Quit-rents issuing out of the Mannor fei â— Trees repair Houses make Pales Hedges distrain Beasts doing hurt upon the ground and divers such like This Officer is he whom the ancient Saxons called a Reeve for the name Bailiff was not then known amongst them but came in with the Normans and is called in Latin Villicus There are two other sorts of Bailiffs that is Bailiffs errant and Bailiffs of Franchises Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs to summon the County Sessions Assises and such like Bailiffs of Franchises are those that are appointed by every Lord within his Liberty to do such Offices within his Precincts as the Bailiff errant doth abroad in the County This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff But if such Court is by prescription to be
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
Money is not to be accounted Goods or Catals nor Hawks nor Hounds for they are ferae naturae But it seems that Money is not a Chattel because it is not in it self valuable but rather in imagination than in Deed. Catals are either real or personal Catals real are either such as do not immediately appertain to the person but to some other thing by way of dependance as a Box with writings of Laud the body of a Ward the Apples upon the tree or the Tree it self growing upon the ground Crom. fol. 33. b. Or else such as are issuing out of some thing immovable to the person as a Lease for Rent or term of years Personal may be so called in two respects The one because they belong immediately to the person of a man as a Horse c. The other because when they are wrongfully detained we have no other means for their recovery but personal Actions The Civilians comprehend these things and also Lands of all natures and tenures under the word Goods which are by them divided into Moveable and Immovable See Bract. lib. 3. c. 3. num 3 4. Cepi corpus CEpi corpus is a Return made by the Sheriff that upon an Exigend or other Writ he has taken the body of the party F N. B. fol. 26. Certificate CErtificate is a Writing made in some Court to give notice to another Court of something done there as a Certificate of the cause of Attaint is a transcript briefly made by the Clerks of the Crown Clerks of the Peace or Clerks of Assise to the Court of Kings Bench containing the tenor and effect of every Indictment Outlawry or Conviction and Clerk attainted made or declared in any other Court But note that this Certificate ought to be made by him that is the immediate Officer to the Court and therefore if the Commissary or Official of the Bishop certifie an Excommunication in bar of an action at the Common Law this is not good as was resolved in Coke lib. 8. fol. 68. but such Excommunication ought to be certified by the Bishop himself Yet the Certificate of an Excommunication by special Commissioners Delegates under their Common Seal was allowed and held good enough in the Common-place Dyer fol. 371. pla 4. Certification of Assise CErtification of Assise of Novel disseisin c. is a Writ awarded to re-examine or review a matter passed hy Assise before any Iustices and is used when a man appears by his Bailiff to an assise brought by another and loses the day and having some other matter to plead farther for himself as a Deed of Release or c. which the Bailiff did not plead or might not plead for him desires a better Examination of the Cause either before the same or other Iustices and obtains Letters Pa â— ents see their form F. N. B. 181. and then brings a Writ to the Sheriff to call the party for whom the Assise had passed and also the Iury which was impannelled upon the same Assise before the said Iustices at a day and place certain And it is called a Certificate because therein mention is made to the Sheriff that upon the parties complaint of the defective Examination or doubts remaining yet upon the Assise passed the King hath directed his Letters Patents to the Iustices for the better certifying of themselves whether all the points of the said Assise were duly examined or not Certiorari CErtiorari is a Writ that lies where a man is impleaded in a base Court that is of Record and he purposes that he may not have equal Iustice there then upon a Bill in the Chancery comprising some matter of Conscience he shall have this Writ to remove all the Record into the Chancery there to be determined by Conscience but if he prove not his Bill then the other party shall have a Writ of Procedendo to send again the Record into the base Court and there to be determined And it lies in many other cases to remove Records for the King as Indictments and others This Writ is also granted out of the Court of Kings Bench or Common Pleas to remove any Action thither out of Inferior Courts of Record and so the Plaintiff must declare and proceed in the Superior Court Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench where nullum tale Recordum is pleaded Also upon Writs of Error of a Iudgment in the Common Pleas each party may have this Writ to bring any of the Proceedings into the Kings Bench upon alledging Diminution as appears Coke Entr. 232 233 242. 2 Cro. 131 479. Cessavit CEssavit is a Writ that lies where my very Tenant holds of me certain Lands or Tenements yielding certain Rent by the year and the Rent is behind for two years and no sufficient Distress may be found upon the Land then I shall have this Writ by which I shall recover the Land But if the Tenant come into the Court before Iudgment given and tender the Arrearges and Damages and find Surety that he shall cease no more in payment of the said Rent I shall be compelled to take the Arrerages and the Damages and then the Tenant shall not lose the Land The heir may not maintain this Writ for Cessure made in the time of his Ancestor And it lies not but for Annual service as Rent and such other and not for Homage and Fealty Also there is another Writ called Cessavit de cantaria which lies where a man gives Land to a House of Religion to find for the soul of him his ancestors and his heirs yearly a Candle or Lamp in the Church or to say Divine Service feed the poor or other Alms or to do some other thing then if the said Services be not done in two years the Donor or his Heirs shall have this Writ against whosoever holds the things given after such Cessure See the Statute W. 2. cap. 41. Cession CEssion is when an Ecclesiastical Person is created Bishop or when a Parson of a Parsonage takes another Benefice without dispensation or otherwise not qualified c. In both cases their first Benefices are become void and are said to become void by Cession And to those that he had who was created Bishop the King shall present for that time whosoever is Patron of them And in the other case the Patron may present See 41 E. 3. 5. 11 H. 4. 37. Cestuy a que vie cestuy a que use CEstuy a que vie is he for whose life another holds an estate and cestuy a que use is he who is a Feoffee for the use of another Challenge CHallenge is an Exception taken either against Persons or Things Persons as in an Assise the Iurors or any one or more of them or in case of Felony by the Prisoner at the Bar against Things as a Declaration Old N. B. 76. Challenge made to the Jurors is either made to the Array or
one of the Articles to be enquired touching the Forrest is If all great Dogs or Mastives in the Forest are Expeditated according to the Laws of the Forrest and if any be not the Owner of every such Dog shall forfeit to the King three shillings and four pence Cromp. Jurisd fol. 152. Manwood uses the same word and part 1. of his Forrest Law fol. 212. sets down the manner of expeditating Dogs heretofore which was that the three Claws of the Fore-foot on the right side shall be cut off by the skin whereunto he also adds out of the Ordinance called the Assise of the Forrest that the same manner of expeditating Dogs shall be still used and kept and none other Quaere whence it arises that Crompton and he differ the one saying the Ball of the foot is cut out the other that the three Fore-claws are cut off by the skin Expensis Militum levandis EXpensis Militum levandis is a Writ directed to the Sheriff for levying the Allowance for the Knights of the Parliament Regist orig fol. 191. b. And Expensis Militum non levandis de hominibus de Antiquo Dominico nec a Nativis is a Writ to prohibit the Sheriff to levy any Allowance for the Knights of the County upon such as hold in Ancient Demesne c. Ibidem fol. 261. b. Extend EXtend is to value the Lands or Tenements of one bound by Statute c. that hath forfeited it and to deliver them to the Conusee at such indifferent rates as that by the yearly Profits the Conusee in time may be satisfied his Debt See Fitz. Nat. B. fol. 131. and Coke lib. 4. fol. 67. Fulwoods Case Extent EXtent has two significations The one is a Writ or Commission to the Sheriff for the valuing of Lands or Tenements the other the act of the Sheriff or other Commissioner upon that Writ Broke tit Extent fol. 313. Extinguishment EXtinguishment is where a Lord or any other hath any Rent or Service going out of any Land and he purchases the same Land so that he hath such Estate in the Land as he hath in the Rent then the Rent is extinct for that one may not have Rent going out of his own Land Also when any Rent shall be extinct the Land and the Rent must be in one hand the Estate indefesible and he have as good Estate in the Land as in the Rent for if he have Estate in the Land but for Life or Years and hath Fee-simple in the Rent then the Rent is not extinct but in suspence for that time and after the term the Rent is revided If there be Lord Mesne and Tenant and the Lord purchase the Tenancy the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as Rent-seck Also if a man have a High-way appendant and after purchase the Land wherein the High-way is then the Way is extinct and so it is of a Common appendant Extortion EXtortion is wrong done by any Officer Ordinary Archdeacon Official Major Bailiff Sheriff Escheator Coroner Under-Sheriff Goaler or other Officer by colour of his Office by taking excessive Reward or Fee for execution of his Office or otherwise and is no other thing indeed then plain Robbery or rather more odious then Robbery for Robbery is apparent and always hath with it the countenance of Vice but Extortion being as great a Vice as Robbery is carries with it a countenance of Vertue by means whereof it is the more hard to be tried or discerned and therefore the more odious And yet some there are that will not stick to stretch their Office Credit and Conscience to purchase Mony as well by Extortion as otherwise according to the saying of the Poet Virgil What is it that the greedy thirst of Gol ◠doth not constrain mortals to attempt F. Faculty FAculty is a word often used in the Statute of 25 Hen. 8. cap. 21. and it signifies a Priviledge or special Dispensation granted unto a man by favour and indulgence to do that which by the Law he cannot do as to eat Flesh upon days forbidden or to hold two or more Ecclesiastical Livings and the like And for the granting of these Faculties there is a special Officer under the Arch-bishop of Canterbury called The Master of the Faculties Failing of Record FAiling of Record is when an Action is brought against one who pleads any matter of Record and avers to prove it by Record and the Plaintiff saith there is no such Record whereupon the Defendant hath day given him to bring in the Record at which day he fails or brings in such a one as is no Bar to this Action then he is said to fail of his Record and thereupon the Plaintiff shall have Iudgment to recover c. Faint Action Faint Pleading FAint Action as Littleton fol. 154. saith is as much as to say in English a Fained Action that is such Action as though the words of the Writ be true yet for certain causes he hath no title by the Law to recover by the same Action And a false Action is where the words of the Writ are false So Faint Pleading is a covinous false and collusory manner of Pleading to the deceit of a third party And against such Faint Pleading amongst other things the old Statute in 3 E. 1. cap. 29. seems to be made Deed. DEed is a Writing sealed and delivered to prove and testifie the agreement of the party whose Deed it is to the thing contained in the Deed as a Deed of Feoffment is a Proof of the Livery of Seisin for the Land passes by the Livery of Seisin but when the Deed and the Delivery are joyned together that is a proof of the Livery and that the Feoffor is contented that the Feoffee shall have the Land All Deeds are either Indented whereof there are two three or more parts as the ease requires of which the Feoffor Grantor or Lessor hath one the Feoffee Grantee or Lessee another and peradventure some other body a third c. Or else they are Poll Deeđs single and but one which the Feoffee Grantee or Lessee hath c. And every Deed consists of three principal Points without which it is no perfect Deed to bind the parties namely Writing Sealing and Delivery 1. By Writing is shewed the parties Names to the Deed their Dwelling-places their Degrees the Thing granted upon what Considerations the Estate limited the Time when it was granted and whether simply or upon Condition with other such like Circumstances But whether the parties to the Deed write in the end their Names or set to their Marks as it is commonly used it matters not at all as I think for that is not meant where it is said that every Deed ought to have Writing 2. Sealing is a farther Testimony of their Consents to what is contained in the Deed as it appears in these words In Witness whereof c. or to such effect
satisfied but with the death of the enemy such is that amongst the people in Scotland and in the Northern parts of England which is a Combination of all the Kindred to revenge the death of any of the Blood upon the Slayer and all his race And this word is mentioned in the Stat. of 43 Eliz. c. 13. Fieri facias FIeri facias is a Writ judicial and lies where a â—â— an recovers Debt or Da â—â— nages in the Kings Court 〈◊〉 a he shall have this Writ to the Sheriff commanding him that he levy the Debt and Dammages of the goods of him against whom the Recovery is had and it lies only within a year and a day and after the year he must sue a Scire facias and if the party be warned and doth not come at the day c. or if he come and can say nothing then he who recovers shall have a Writ of Fieri facias directed to the Sheriff that he make Execution of Iudgment But if a man recover against a woman and she takes a husband within the year and the day then he that recovers must have a Scire facias against the husband So it is if an Abbot or Prior recover and die his Successor within the year shall have a Scire facias See thereof more in the Title Scire facias and Title Execution There is also another manner of Fieri facias against a Rector where upon a general Fieri facias the Sheriff returns quod nulla habet bona seu catalla and thereupon a Writ is directed to the Bishop of the Diocess where he is Rector and thereupon the Bishop levies the Debt of the Profits of the Gleab Tithes of the Rectory Fifteenth FIfteent â— See Quinzisme F â— lazer FIlazer of the French word Filace id est a Thread is the name of an Officer in the Common Pleas of which there are 14. They make dut all the Original Process there and the Distress infinite upon Summons returned in personal Actions and the Capias upon the return of Nihil and all Writs of View in cases where the View is prayed And where the Appearance is with them they enter the Impariance and the general Issue in common Actions and Iudgments by Confession before Issue joyned and make out Writs of Execution upon them And they make Writs of Supersedeas after a Capias awarded when the Defendant appears in their Office And this Officer is mentioned in the Statutes of 10 H 6. c. 4. 18 H. 6. c. 9. File FIle Filacium is a Thread or Wire upon which Writs and other Exhibits in Courts are put for the safer keeping of them together Finders FInders is a word used in many Statutes as in 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4 c. 13. and 31 H. 6. c. 5. and seems to be all one with those Officers which we now call Searchers imployed for the discovery of Goods which are imported or exported without paying Custom Fine FIne sometimes is taken for a Sum of money which one is to pay to the King for any Contempt or Offence which Fine every one that commits any Trespass or is convict that he falsly denies his own Deed or did any thing in contempt of Law shall pay to the King which is called Fine to the King Sometime a Fine is taken for a Final Agreement which is had between any persons concerning any Land or Rent or other thing whereof any Suit or Writ is between them hanging in any Court which may be divers ways One is when any party acknowledges that to be the right of the other as that he hath of the Gift of him that made the Recognizance which always supposes a Feoffment going before and is called a Fine executed Or if he acknowledged that to be the right of another omitting these words coÌ„e ceo que il eit de son Done this being a Fine upon acknowledging of â— ight only if it be levied to him which hath the Freehold of the Land is a Fine upon a Release If he that acknowledged it is seised and he to whom it is levied hath not the Free-hold of the Land then it is called a Fine executory which he to whom the Land is acknowledged may execute by Entry or Scire facias Sometime such a Fine Sur conusance de droit only is to make a Surrender wherein is rehearsed that the Reconusor hath an Estate for life and the other a Reversion Sometime it is taken to pass a Reversion where a particular Estate is recited to be in another and that the Reconusor will that the other shall have the Reversion or that the Land shall remain to another after the particular Estate spent And sometime he to whom the right is acknowledged as that which he hath of the Gift of the Reconusor shall yield the Land or a Rent out thereof to the Conusor And that sometime for the whole Fee sometime for one particular Estate with Remainder or Remainders over and sometime with Reversion of Rents with Distress and Grant thereof over by the said Fine It is called a Fine because thereby the Suit is ended and if it be recorded with Proclamation according to the Statute 4 H. 7. it bars Strangers Fine force FIne force signifies an absolute Necessity as when a man is compelled to do that which he can no way avoid we say he doth it de Fine force So this word is used in Perk. sect 321. in Mantel and Woodlands Case in Plowden f. 94. b. and in Eatons Case cited in Foxly's Case in the 6 Rep. f. 111. a. Finors FInors are those that purifie Gold and Silver and part them by fire and water from courser Metals and therefore in the Statute of 4 H. 7. c. 2. they are also called Parters Fire-bote FIre-bote is necessary Wood to burn which by the Common Law Lessee for years or for life may take in his Ground although it be not expressed in his Lease and although it be a Lease by Word only without Writing But if he take more then is needful he shall be punished in Waste First-fruits FIrst-fruits Primitiae are the Profits of every Spiritual Living for a year which were anciently given to the Pope but by the Statute of 26 H. 8. â— 3. are now transferred to the King Fledwite FLedwite is to be quit from Amerciaments when an outlawed Fugitive comes to the Kings Peace of his own will or being licensed Flemeswite FLemeswite is that you may have the Cattel or Amerciaments of your Fugitive man Fletwit FLetwit or Flitwit is to be quit from Contention and Convicts and that you may have a Plea thereof in your Court and the Amerciaments for Flit in English is Treason in French Floatsam FLoatsam or Flotson is when a Ship is sunk or otherwise perished and the Goods float upon the Sea and they are given to the Lord Admiral by his Letters Patents See Cok. lib. 5. fol. 106. Fold Fould-course FOld Fould-course
is a Writ that lies where the Tenant holds of the King in chief as of his Crown and he is deforced that is put out of his Land then he shall have this Writ and it shall be Close and shall be pleaded in the Common Pleas. Also if any Tenant that holds of any Lord be deforced it behoves him to sue a Writ of Right Patent which shall be determined in the Lords Court But if the Land be holden of the King the Writ of Right Patent shall be brought to the Kings Court and the Writ may be removed from the Lords Court unto the County by a To â— t and from the County into the Common Place by a Pone Look therefore before in the Title Drolt Praecipe PRaecipe are of divers sorts Quod reddat terras as dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary is compounded of two Latine words prae and Notarius and is used in our Law for the chief Clerks of the Kings Courts whereof there is one in the Kings Bench and three in the Common Pleas. He in the Kings Bench records all Actions Civil sued in that Court and they of the Common Pleas inrol all Declarations Pleadings and Iudgments and make out all Iudicial Writs they Inroll all Fines and Recognisances and exemplifie all Records the same Term before the Rolls are delivered out of their hands In 15 E. 4. 26 b. This Officer is called Praesignator And one of the three in the Common Bench Praesignator pauperum Premisses PRemisses See Habendum Praemunire PRaemunire is a Writ that lies where any man sues another in the Spiritual Court for any thing that is determinable in the Kings Court for which great punishment is ordained by divers Statutes viz. that he shall be out of the Kings protection and put in Prison without Bail or Mainprise till he have made Fine at the Kings Will and that his Lands and Goods shall be forfeited if he come not within two months And his Provisors Procurators Atturneys Executors Notaries and Maintainers shall be punished in the same manner Therefore look the Statute Also some say if a Clerk sue another man in the Court of Rome for a thing Spiritual where he may have remedy within the Realm in the Court of his Ordinary that he shall be within the case of the Statute And upon divers other offences is imposed by Statutes lately made the Penalty that they incur who are attainted in Praemunire As by 13 Eliz. cap 8. they who are aiding to make a corrupt Bargain whereupon Vsury is reserved above x. l. in the hundred for a year c. Prender PRender is the power or right of Taking a thing before it be offered from the French prendre i. accipere Prescription PRescription is when a Man claims any thing because he his Ancestors or Predecessors or they whose Estate he hath have had or used it all the time whereof no memory is to the contrary But one may not prescribe against a Statute except he have another Statute that serves for him Presentment PResentment is of two significations One is to a Church as when a man hath right to give any Benefice Spiritual and names the person to the Bishop to whom he will give it and makes a Writing to the Bishop for him that is a Presentation or Presentment If divers Coheirs cannot agree in Presentment the Presentee of the eldest shall be admitted But if Ioyntenants and Tenants in common agree not within six moneths the Bishop shall present by lapse The other is a Presentment or Information by a Iury in a Court before any Officer who hath Authority to punish any offence done contrary to the Law Pretensed Right or Title PRetensed Right or Title is where one is in possession of Lands or Tenements and another who is out claims it and sues for it now the pretensed Right or Title is said in him who so doth sue claim And if he afterward come to the possession his Right or Title is annexed to the Land and possession and not then called Right Primer Seisin PRimer Seisin is used in the Common Law for a branch of the Kings Prerogative by which he hath the first possession that is the intire Profits for a year of all the Lands and Tenements whereof his Tenant that held of him in capite died seised in his Demesne as of Fee his Heir then being at full age and thus the King takes in lieu of the intire Profits which he may take if he will until Livery be sued or at the least tendered Prerog Reg. c. 3. Stamf. f. 11. B. See the Stat. 12 Car. 2. c. 24. Prisage PRisage is that part or portion that belongs to the King of such Merchandizes as are taken at Sea by way of lawful Prise And this word you shall find in the Statute of 31 Ell â— cap. 5. Prisage of Wines PRisage of Wines mentioned in the Stat. 1 H. 8. c. 5. is a custom by which the King out of every Bark laden with Wine under 40 Tun claims to have two Tun at his own price Privie or Privities PRivie or Privities is where a Lease is made to hold at will for years for life or a Feoffment in fee and in divers other cases now because of this that hath passed between these parties they are called Privies in respect of strangers between whom no such Conveyantes have been Also if there be Lord and Tenant and the Tenant holds of the Lord by certain Service there is a Privity between them because of the Tenure and if the Tenant be disseised by a stranger there is no Privity between the Disseisor and the Lord but the Privity still remains between the Lord and the Tenant that is disseised and the Lord shall avow upon him for that he is his Tenant in right and in Iudgment of the Law Privies are in divers sorts as namely Privies in Estate Privies in Deed Privies in Law Privies in Right and Privies in Blood Privies in Estate is where a Lease is made of the Mannor of Dale to A for life the Remainder to B in fee there both A and B are Privies in Estate for their Estates were both made at one time And so it is in the first case here where a Lease is made at will for life or years or a Feoffment in fee the Lessees or Feoffees are called Privies in Estate and so are their Hairs c. Privies in Deed is where a Lease is made for life and afterward by another Deed the Reversion is granted to a stranger in fee this Grantee of the Reversion is called Privy in Deed because he hath the Reversion by Deed. Privy in Law is where there is Lord and Tenant the Tenant leases the Tenancy for life and dies without Heir and the Reversion escheats to the Lord he is said Privy in Law because he hath his Estate
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 Hor. Multa renascentur quae jam cecidere cadentque Quae nunc sunt in honore vocabula si volet usus LONDON Printed by W. Rawlins S. Roycroft and M. Flesher Assigns of Richard and Edward Atkins Esquires For G. Walbanke S. Heyrick J. Place J. Poole and R. Sare 1685. To the READER I Need not strive much to prove the necessity of this Book if you consider that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason began with it much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science to which this little Book must open the door and let them in But least of all need I suspect that whoever is convinced of these two Points its Necessity and Profitableness will fail to peruse and esteem it Though no name of any Authour appears to it yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal that reverend Judge who was eminently knowing both in the Common and Statute Law of this Land as appears by the many Leraned Expositions and Excellent Cases which every where occur in it And we may probably guess it to be written by him originally in French only having some cause to suspect the Translation to be done by a less skilful Hand For though by the many Impressions of it and carelesness of Printers it has suffered much as other Books of like nature daily do yet some Objection lay against the Translator himself as to omit others Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum which was Englished thus odly A Place wherein common Tracts of men Collegiate are made And for Errors of the Press they were very numerous and strangely unhappy as disseised for die seized Common Law for Canon Law deep for deer necessary for accessary tiel for viel rather for either owner for power c. In devastaverunt sans compulsion was Englished by compulsion In the word Gild two whole Lines were omitted in the English and the French imperfect so likewise in Garranty and other words There was also a mistake in Geography in the word Pape where Rome was said to be 1500 miles from hence full 500 too much And still as Impressions were iterated Errat's increased Besides the very many Faults which were thus crept into this Book it was so extreamly misalphabeted that some words could not be found without much difficulty I had almost said not at all for if the Reader finds not the word he seeks in its true place he commonly lays by the Book with despair To remedy these encreasing Evils I was willing to bestow my endeavour First by adding above an hundred Words with Explications in their proper places and making references to others where needful Secondly by Correcting the whole Work in what I found amiss and retrenching some antiquated and tautological Expressions as they occurred Thirdly by adding to some old words such late Statutes as alter or concern the Law established by them And lastly by digesting the whole into an exact Alphabet and taking care to prevent Errors of the Press That I intended well I can give you but my word how I have performed I make my Reader Judge Inner Temple T. B. TERMS OF THE LAW EXPOUNDED Abate ABate seems to come from the French Abbatre is to destroy or defeat utterly and has several significations As to Abate a Castle or Fortlet Old Natura brev fo 45. which in Westem 1. cap. 17. is interpreted to beat down And to abate a Writ is to defeat or overthrow it by some Error or Exception Britton cap. 48. And he that steps in between the former possessor and his Heir is said to abate in the Lands See Abatement Abatement of a Writ or Plaint ABatement of a Writ or Plaint is when an Action is brought by Writ or Plaint wherein is want of sufficient and good matter or else the matter alledged is not certainly set down or if the Plaintiff or Defendant or Place are misnamed or if there appear variance between the Writ and the Specialty or Record or that the Writ or the Declaration be uncertain or for Death of the Plaintiff or Defendant and for divers other like causes then upon those defaults the Defendant may pray that the Writ or Plaint may abate that is to say that the Plaintiffs Suit against him may cease for that time and that he shall begin again his Suit and bring a new Writ or Plaint if he be so disposed But if the Defendant in any Action plead a matter in Bar to annul the Action for ever he shall not come afterwards to plead in Abatement of the writ but if after it appear in the Record that there is some matter apparent for which the Writ ought to be abated then the Defendant or any person as a friend to the Court may well plead and shew it in Arrest of Iudgement See the titles of Writ Misnosmer and Variance in the Abridgements and the Book called The Digests of Writs in which this matter especially is very well handled There are also other matters Which abate and stay Actions and Writs that is to say Variance between the Writ and the Count. If the Plaintiff be an alien Enemy For want of naming the Defendant of what Town Trade or degree he is where the Suit is by Writ That a Woman Plaintiff is married before or hanging the Suit That the Plaintiff hath another Action depending for the same cause That the Writ is dated before the Action accrued For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer For that the Land is ancient demesne For that the matter in Suit was done upon the high Sea in which case the Admiral hath Iurisdiction These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time If the Plaintiff in Action personal be out-law'd or convicted of Recusancy or Excommunicated Vpon a Scire facias against ter ' tenants for Debt plea that there are other Lands liable to the same Debt which are not returned doth stay the Proceedings until they be also returned Abatement in Lands ABatement in Lands or Tenements is when a man dies seised of Lands or Tenements and one that hath no right enters into the same before the Heir this Entry is called an Abatement and he an Abator But if the Heir enter first after the death of his Ancestor and the other enter upon the possession of the Heir this last entry is a Disseisin to the Heir Look in
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
held within one month after a Feast and the Steward holds it after the month and in this Court Assess a Fine or Amerciament and the Bailiff distrains for it the party that is so distrained may have an Action of Trespass against the Bailiff Bank BAnk in French Banque i. Mensa is most usually taken for a Seat or Bench of Iudgment as Bank le Roy the Kings Bench Bank de Common Pleas the Bench of Common Pleas or Common Bench. Kitchin fol. 102. called also in Latin Bancus Regius and Bancus Communium Placitorum Cromp. Jur. f. 67 91. Kings Bench. KIngs Bench is a Court at Westminster where Pleas of the Crown Debts Trespasses and personal Actions Errors Audita Querela's c. are determined Bankrupt BAnkrupt by the Statute 1 Jac. c. 15. is thus described All and every such person and persons using or that shall use the trade of Merchandise by way of Bargaining Exchange Bartery Chevisance or otherwise in gross or by seeking his her or their trade of Living by buying and selling and being a Subject born of this Realm or any of the Kings Dominions or denizon which at any time since the first day of this present Parliament or at any time hereafter shall depart the Realm or begin to keep his or her house or houses or otherwise to absent him or her self or take sanctuary or suffer him or her self willingly to be arrested for any Debt or other thing not grown or due for money delivered ware sold or any other just or lawful cause or good considerations or purposes or hath or will suffer him or her self to be outlawed or yield him or her self to prison or willingly or fraudulently hath or shall procure him or her self to be arrested or him or her goods money or chattels to be attached or sequestred or depart from his or her dwelling-house or make or cause to be made any fraudulent grant or conveyance of his her or their Lands Tenements Goods or Chattels to the intent or wherehy his her or their Creditors being Subjects born as aforesaid shall or may be defeated or delayed for the recovery of their just and true Debt or being arrested for Debt shall after his or her Arrest lie in prison six months or more upon that Arrest or Detention in Prison for Debt and shall lie in Prison six months upon such Arrest or Detention shall be accounted and adjudged a Bankrupt to all intents and purposes See the Stat. 14 Car. 2. ca. 23. Banneret BAnneret is a Knight made in the Field with the ceremony of cutting off the point of his Standard ' and making it as it were a Banner And such are allowed to display their names in a Banner in the Kings Army as Barons â— o. And that such were next unto Barons in Dignity appears by the Statute made in the 5 year of R. 2. Stat. 2. cap. 4. by which Statute it seems such Bannerets were anciently called by Summons to the Parliament Banns BAnns is a word common a â— d ordinary among the Feudists and signifies a Proclamation or any publick notice given of any thing Eract lib. 3. tra 2. cap. 21. makes mention of Bannus Regis for a Proclamation or silence made by the Crier before the meeting of the Champions in a combat But we use this word Banns especially for the Publication of matrimonial Contracts in the Church before Marriage Bargain Sale BArgain and Sale is when a Recompence is given by both the parties to the Bargain as if one bargain and sell his Land to another for money here the Land is a Recompence to him for the money and the money is a Recompence to the other for the Land and this is a good Contract and Bargain And by such a Bargain Sale lands may pass without Livery or seisin if the Bargain and Sale be by Deed indented sealed and inrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six months next after the date of the same writing indented according to the Statute in that behalf made in the 27 year of H. 8. cap. 16. Barcary BArcary signifies a Farm house as it seems Rast Ent. Tit. Assise en Corps politique 2. Barmote BArmote are divers Courts not of Record within the Hundred of the Peak in Derby-shire for the regulation of Groves Possessions and Trade of the Myners and Lead Barony BArony is a certain Royal Lordship where the Kings writ tunneth not and held of the King Rast Ent. Tit. Assise en Office 1. Barr. BArr is when the Defendant in any Action pleads a Plea which is a sufficient answer and destroys the Action of the Plaintiff for ever And it may be divided into Barr to common intendment and Barr special Barr to common intendment is an ordinary or general Barr which commonly disables the Declaration or Plea of the Plaintiff Barr special is that which more than ordinary and falls out in the case in question upon some special circumstance of the Fact As an Executor being sued for the Debt of his Testator pleads That he hath nothing in his hands at the day of the Writ purchased this is a good Barr to common intendment or at first sight but yet the case may be such that more goods may come to his hands after that time which if the Plaintiff can shew by way of Replication then except the Defendant hath a more special Plea or Barr to alledge he is to be condemned in the Action See Plow fol. 26 28. And in the same sense Barr is also divided into Barr material or special and Barr at large Kit. fol. 68. Barr is also in regard of the effect divided into Barr perpetual and Bar temporary Perpetual is that which overthows the Action for ever Temporary is that which is good for the present and may afterwards fail as Fully administred is a good Barr until it appear that more goods came afterward to the hands of the Executors which also holds for the Heir who in an Action for his Ancestors Debt pleads Nothing by discent See Brook Tit. Bar. nu 23. Barre fee. BArr fee is a Fee of twenty pence which every prisoner acquitted of Felony pays to the Sheriff or Goaler of which see 21 H. 7. 16. b. Barretry IS a word used in Pollices of Insurance and signifies dissentions and quarrels among the Officers and Seamen Barretor BArretor is a Common Mover Stirrer up or Maintainer of Suits Quarrels or parts either in Courts or in Country In Courts of Record and in the County Hundred and other inferior Courts In Country in three manners first in disturbing the peace secondly in taking or detaining the Possessions of Houses Lands or Goods c. that are in question or controversie not only by force but by subtilty and deceit and more usually in suppression of truth and right thirdly by false inventing and sowing of Calumnies Rumors and Reports making discord and disquiet to rise
had the Government of any such Manor or House was called the Commander who had nothing to do to dispose of it but to the use of the Priory and to have only his sustenance from it according to his degree which was usually a Brother of the same Priory who had been made Knight in the Wars against Infidels and they were lately called Knights of the Rhodes or Knights of Malta of the places where their grand Master did dwell See the said Statute and the old Statute intituled De Templariis whose decay was a great increase of this Order And many of these Commandries are called in the Country by the name of Temple Commandam COmmendam is a Benefice that being void is commended to the care of some sufficient Clerk to be supplied untill it may be conveniently provided of a Pastor And the true original of these Commendams was either evident profit or necessity He to whom the Church is commended hath the fruits and profits thereof only for a certain time and the nature of the Church is not changed thereby but is as a thing deposited in the hands of him to whom it is commended who hath nothing but the Custody thereof which may be revoked Commissary COmmissary is a title of Ecclesiastical Iurisdiction appertaining to him that exercises Spiritual Iurisdiction in places of the Diocess so far distant from the chief City that the Chancellor cannot call the Subjects to the Bishop's principal Consistory without their great trouble This Commissary is called by the Canonists Commissary or Officialis foraneus and is ordained to this special end that he should supply the Office and Iurisdiction of the Bishop in the out-places of the Diocess or in such Parishes as are peculiars to the Bishop and exempted from the Archdeacon's Iurisdiction for where by prescription or by composition there are Archdeacons who have Iurisdiction in their Archdeaconries as in most places they have there this Commissary is superfluous and rather to the prejudice then good of the people Commission COmmission is as much in the Common Law as the word Delegate in the Civil and is taken for the Warrant or Letters Patents which all men using Iurisdiction either ordinary or extraordinary have for their power to hear or determine any matter or action Yet this word sometimes extends more largely then to matters of Iudgement as the Commission of Purveyors or Cakers 11 H. 4. c. 28. But with this Epithete High it is most commonly used for the High-Commission Court instituted and founded upon the Stat. of 1 Eliz. c. 1. for the ordering and reforming of all offences in any thing appertaining to the Iurisdiction Ecclesiastical but especially such as are of highest nature or at least require greater puishment then the ordinary Iurisdiction call afford See the Statutes 17 Car. 1. c. 11. and 13 Car. 2. c. 12. by which the said Court is wholly abolished Commission of Rebellion Com̄ission of Rebellion otherwise called a Writ of Rebellion is used when a man after Proclamation made by the Sheriff upon an Order or Process of the Chancery under penalty of Allegeance to present himself to the Court by a day certain appears not And this Commission is directed by way of command to certain persons to the end they three two or one of them shall apprehend or cause to be apprehended the party as a Rebell and contemner of the Kings Laws in what place s ◠ever they shall find him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned Committee COmmittee is he or they to whom the consideration or ordering of any matter is referred either by some Court or consent of the parties to whom it appertains as in Parliament a Bill being read is either consented unto and passed or denied and referred to the consideration of some certain man appointed by the House who hereupon are called a Committee But this word is otherwise used by Kitchen f. 160. where the widdow of the Kings Tenant is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Common COmmon is the right that a man hath to put his Beasts to Pasture or to use the ground that is not his own And note that there are divers Commons that is Common in grosse Common appendant Cōmon appurtenant and Common because of neighbourhood Common in Gross is where I by my Deed grant to another that he shall have Common in my Land Common appendant is where a man is seised of certain land to which he hath Common in anothers ground only for those beasts which compost the land to which it is appendant excepting Geese Goats and H ◠gs which Common is by prescription and of common right and appendant to arable land only Common appurtenant is of the same nature with Common appendant but with all manner of beasts as well Hogs and Goats as Horses Kine and such as compost the ground And this Common may be made at this day and severed from the land to which it is appurtenant but so cannot Common appendant Common because of neighbourhood is where the Tenants of two Lords are seised of two Mannors adjoyning to each other and the Tenants have time out of mind intercommoned each with other with all manner of beasts commonable Yet the one may not put his Cattel in the others ground for so they of the other Town may distrain them Dammage fesant or have an Action of Trespass but they may put them into their own fields and if they stray into the fields of the other Town there they ough to suffer them And the inhabitants of the one Town ought not to put in as many beasts as they will but with regard to the inhabitants of the other for otherwise it were no good Neighbourhood upon which all this depends Common Fine COmmon Fine is a certain summe of Money which the Resiants in a Leet pay unto the Lord of the Leet and it is called in some places Head-silver in some places Certum Letae and was as it seems first granted to the Lord towards the charge of his purchase of the Leet whereby the Resiants had now an ease to do their Suit royal within the Mannor and not be compelled to go to the Sherifs Tourn to do it And for this Common Fine the Lord must prescribe and cannot distrain for it without a prescription as it appears in Godfrey's Case in 11. Rep. fo 44. b. Common Law COmmon Law is for the most part taken three ways First for the Laws of this Realm simply without any other Law as Customary Civil Spiritual or whatever other Law joyned to it as when it is disputed in our Laws of England what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or such like Secondly it is taken for the Kings Courts as the Kings Bench or Common Place only
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 â— 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
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
dishonour of the King and his Crown and discredit of the Law that any person by birth and oath obliged to the obedience of the King and his Laws should presume of his own authority by Force and strong hand to resist them both by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein therefore divers Statutes have been made for the restraint and reformation of these Abuses as among others the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements but in case where Entry is given by the Law and then not with strong hand or with a multitude of people but onely in a peaceable manner See more of this in Po â— lt de pace Reg. f. 34. 35 c. Degrading DEgrading See Disgrading Delegates ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial in which sentence was given Demaines DEmaines or Demesnes generally speaking are all the parts of any Mannor which are not in the hands of Freeholders though they be held by Copy-holders Lessees for years or for life as well as Tenants at will And the reason why Copyhold is accounted Demesnes is because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands yet in common speech that is ordinarily called Demesnes which is neither free nor copy And this word Demesne is sometimes used in a more special signification and is opposite to Frank-fee as those Lands which were in the possession of Edward the Confessor are called Ancient demesne and all others are called Franck-fee Kitch fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn the other Tenants in Frank-fee And no common person hath any Demesnes in the simple acceptation of the word because there is no Land but depends mediately or immediately of the Crown that is of some Honor or other belonging to the Crown and not granted in fee to any inferiour person and therefore when a man in pleading will signifie his Land to be his own he saith That he is or was seised thereof in his Demesne as of Fee Littleton f. 3. whereby it appears that though his Land be to him and his Heirs for ever yet it is not true Demesne but depending upon a superiour Lord and holding by Service or Rent in lieu of Service or by Service and Rent together Demaines according to the common speech are only understood the Lords chief Mannor-place which he and his Ancestors have time out of mind kept in their own hands with all buildings and houses meadows pastures woods arable lands and such like therewith occupied Demand DEmand is a word of art and if one release to another all Demands this is as Littleton fol. 117. a. saith the best Release to him to whom the Release is made that he can have and shall most enure to his advantage for by it not onely all Demands but also all causes of Demands are released And there are two manner of Demands that is in Deed and in Law In Deed as in every Praecipe there is expresse Demand and therefore in real Actions he is called Demandant in personal Plaintiff In Law as every Entry in Land Distresse for Rent Taking or seisure of Goods and such like acts in the Countrey which may be done without any words or demands in Law As a Release of Suits is more large then a Release of Quarrels or of Actions so a Release of Demands is more large and beneficial than either of them for by it is released all that which by the others is released and more By Release of all Demands all Freeholds and Inheritances executory are released By Release of all Demands to the Dissetsor the right of the Entry in the land and all that is contained therein is released By Release of all Demands all Executions are released and he that releases all Demands excludes himself from all Actions Entries and Seisures Littleton fol. 170. holds That if Tenant in tail enfeoffs his Vncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed releases to the Vncle all manner of Demands by such Release the Warranty which is a Covenant real and executory is extinct and the reason is because that by Release of Demands all the means and remedies and their causes which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest it self unto the thing Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded neither in Deed nor in Law but lie only to relieve the Plaintiff by way of Discharge and not by way of Demand as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry and so of such like See 18 Edw. 3. 59. Coke lib. 8. fol. 153 154. Demandant DEmandant is he that sues or complains in an Action real for Title of land and he is called Plaintiff in an Assise and in an Action personal for Debt Trespass Deceit Detinue and such like Demurrage IS called the time when a Shi â— lies idle in a Port or Harbour or on the Sea in a Calm Demurrer DEmurrer is when any Action is brought and the Defendant pleads a Plea to which the Plaintiff says that he will not answer for that it is not a sufficient Plea in the Law and the Defendant avers the contrary that it is a sufficient Plea and thereupon both parties submit the Cause to the Iudgement of the Court which is called a Demurrer for that they go not forward in pleading but rest upon Iudgement in that point and is called in Latine Records Moratur in Lege For in every Action the difference consists either in Deed or in Law If in Fact it is tried by the Iury if in Law then the matter is either plain or difficult and rare if it be plain then Iudgment is presently given but when it is hard and doubtfull then is stay made and time taken either to consider farther thereupon by the Iudges to agree if they can or otherwise for all the Iustices to meet together in the Exchequer-Chamber and upon hearing of that which the Serjeants shall say unto both parts to advise and determine what is Law and that which is there concluded on by them shall stand firm without further remedy There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue Plo. Com. 2. 3 Rast Entr. 607. Half bloud HAlf bloud is when a man marries a wife and hath issue by her a son or daughter and the wife dies and then he takes another woman and hath by her also a son or daughter Now these two sons are after a sort Brothers or as they are termed Half-brothers or Brothers of the half
cap. 3. and by the Canonists is defined to be Administration conjoyned with power and Jurisdiction Diminution IS when the Plaintiff or Defendant in a Writ of Error alledges to the Court that part of the Record remains in the Inferiour Court not certifyed and prays that it be certifyed by Certiorari Co. Ent. 232. 242. 1 Cr. John versus Thomas 2 Cro. 479. 131. Rolls Abridg. 765. 20. Diocesse Diocesse is the Circuit of the Iurisdiction of every Bishop for this Realm hath two kinds of Divisions the one in Shires or Counties in respect of the Temporal politie the other in Diocesses in respect of the Ecclesiastical Iurisdiction Disability DIsabilitie is when a man by any act or thing by himself or his ancestor done or committed or for or by any other cause is disabled or made incapable to do inherit or take benefit or advantage of a thing which otherwise he might have had or done There are many things by which a man may be disabled and those are ordinarily either by the act of the party or his Ancestor or by the act of the Law or of God Disability by the Act of the Ancestor as if a man be attainted of Treason or Felony by this Attainder his blood is corrupt and thereby himself and his children disabled to inherit Disability by the Act of the party himself as if a man makes a Feoffment to another man that then is sole upon condition that he shall infeoff a third man before M. and before M. or the Feoffment made the Feoffee takes a wife he hath by that disabled himself to perform the Condition according to the trust in him reposed and therefore the Feoffor may enter and out him as it is Littl. sect 357. So if the Feoffee charges the Land or enters into a Statute-Staple or Statute-Merchant by these acts he hath disabled himself and therefore the Feoffor may enter as in the former case So 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 and get the whole Reversion to me again yet I have forfeited my Obligation because I was once disabled to perform it Co. l. 5 f. 21. Also if a man be excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke l. 8. f. 69. and so in many other cases Disability by act of Law is most properly when a man by the sole act of the Law without any former thing by him done is disabled and so is Alien born And therefore if a man born out of the ligeance of our Lord the King will sue any Action the Tenant or Defendant may say that he was born in such a Country forth of the Kings liegeance and demand judgment if he shall be answered for the Law is our Birth-right to which an Alien is collateral and a stranger and therefore disabled to take any benefit thereby By the act of God as not to be of whole memory is a Disability in some cases and in others not for which it seems this difference may be taken that in all cases where a man of no whole memory gives or passes any thing or Estate out of him this after his death may be disanulled and avoided but where a man Non sanae memoriae doth a thing whereby nothing passes out of him there he may in some special cases be bound as if he be Lessee for years rendring Rent and the Lessor grants the Reversion there the Lessee non sanae memoriae cannot make Attornment for he that is amens or without mind cannot make Attornment which is Agreement and yet in such case if the Lessor ejects him and makes a Feoffment and afterwards the Lessee non sanae memoriae re-enters this act of Re-entry doth subject him to the Distress and Action of Waste And it is a Maxim in Law That a man of full age shall never be received to disable his own person And this incapacity to disable himself as to some persons is personal and extends only to the party himself and as to others it is not personal but shall bind them also There are four manner of Privities scil Privies in Bloud as Heir Privies in Representation as Executors or Administrators Privies in Estate as Donee in tail the Reversion or Remainder in fee c. and Privies in Tenure as the Lord and Tenant and two of these may disable the person of the dead which was non sanae memoriae or c. and shall avoid his Grants or Feoffments and two of them not For Privies in Bloud may shew the Disability of the Ancestor and Privies in Representation the Infirmity of their Testator or Intestate but neither Privy in Estate nor Privy in Tenure can so do Co. l. 4. f. 123 124. See Lit. sect 405. Co. l. 8. fol. 43. Disalt DIsalt signifies as much as to Disable Litleton cap. Discontinuance Disceit DIsceit is a Writ sometime Original and sometime Iudicial When it is Original it lies where any Disceit is done to a man by another by not performance of a Bargain or Promise then he that is in such manner deceived shall have this Writ When it is Judicial it lies where a Scire facias is sued out of any Record against a man and the Sheriff returns that he is warned where he was not or where a Praecipe quod reddat of a Plea or Lands or a Quare Impedit of the Presenting to a Church is sued against one and the Sheriff returns that the Defendant is summoned where he was not by which Disceit and false Return the Demandant or Plaintiff recovers then the party grieved shall have this Writ against him that recovered and against the Summoners and against the Sheriff and the Writ shall be directed to the Coroners of the same County if he continue Sheriff that made the Return So if a man makes an Attorney in an Action real brought against him and afterwards it is agreed by Disceit between the Demandant and the said Attorney that the said Attorney shall make Default who doth so accordingly whereby the Tenant loses his Land then the same Tenant that loses the Land may have a Writ of Disceit against the Attorney Also if a man brings an action of Trespasse against two others and the Plaintiff and an Attorney by Disceit cause two Strangers not parties to the Writ to come into Court and say that they are the same two Defendants named in the Writ and that they appoint the same man to be their Attorney in that Suit whereupon the same Attorney as Attorney to the Defendants named in the Writ pleads to the Issue and after suffers the Enquest to pass by his Default by which means the Plaintiff recovers In this case those that are indeed Defendants may have a Writ of Desceit against the same Attorney and shall recover their dammages Fitzh Nat. Brev. 96. And as the Law
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
Executors he that doth appear by Distress shall answer doth extend by Equity to Administrators for such of them as appear first by Distress shall answer by Equity of the said Act because they are of the like kind So likewise the Statutes of Gloucester gives the Action of Waste and the Penalty of it against him that holds for Life or Years and by the Equity thereof a man shall have an Action of Waste against him that holds but for one year or half a year yet this is without the words of the Statute for he that holds but for half a year or one year doth not hold for years but that is the meaning and the words that Enact the one by Equity Enact the other Errant ERrant id est Itenerans comes from the French word Errer id est Errare or if the old word Erre id est Iter and is appropriated unto Iustices that go Circuit and to the Bailiffs at large who are therefore called Justices Errants and Bailiffs Errants because they go and travel from place to place the one to do Iustice and the other to execute Process See Eire Error ERror is a Fault in Iudgement or in the Process or Proceeding to Iudgment or in the Execution upon the same in a Court of Record which in the Civil Law is called a Nullitie Error is also the name of a Writ that lies where Iudgment is given in the Common place or before the Iustice in Assise or Oyer and Terminer or before the Major and Sheriffs of London or in other Court of Record against the Law or upon undue and ill Process then the party grieved shall have this Wrft and thereupon cause the Record and Process to be removed before the Iustices of the Kings Bench and if the Error be found it shall be reversed But if an erroneous Iudgment be given in the Kings Bench then it could not be reversed but by Parliament until the Statute of 27 Eliz. cap. 8. Also if such a Default in Iudgment be given in a Court not of Record as in a County Hundred or Court-Baron the party shall have a Writ of False Iudgment to cause the Record to be brought before a Iustice of the Common-place Also if Error be found in the Exchequer it shall be redressed by the Chancellor and Treasurer as it appeas by the Statute E. 3. an 31. c. 12. 31 El. c. 1. Also there is another Writ of Error upon a Iudgment in the Kings Bench and that is where the Plaintiff assign matter of Fact for Error And this lies in the same Court for this Court can redress their Errors in Fact but not their errors in Law But the Court of common B. cannot do so Escape EScape is where one that is arrested comes to his liberty before he be delivered by Award of any Iustice or by order of Law Escape is in two sorts voluntary and negligent Voluntary Escape is when one doth arrest another for Felony or other Crime and after he in whose custody he is lets him go where he will And if the Arrest were for Felony then shall it be Felony in him that suffered the Escape if for Treason then Treason in him and if for Trespass then Trespass and so in all other When one is arrested after escapes against the will of him that did arrest him and is not freshly pursued and taken before the pursuer loses the sight of him this shall be said a negligent Escape notwithstanding that he out of whose possession he escaped do take him after he lost sight of him A so if one be arrested and after escape and is at his liberty and he in whose ward he was take him afterward and bring him to the prison yet it is an Escape in him If a Felon be arrested by the Constable and brought to the Goal in the County and the Goaler will not receive him and the Constable lets him go and the Goaler also and so he escapes this is an Escape in the Goaler for that in such case the Goaler is bound to receive him by the hand of the Constable without any Precept of the Iustice of Peace But otherwise it is if a common person arrest another upon suspicion of Felony there the Goaler is not bound to receive him without a Precept of some Iustice of Peace There is an Escape also without an Arrest as if Murder be made in the day and the Murderer be not taken then it is an escape for which the Town where the Murder was done shall be amerced And it is to be observed That a man may be said to escape notwithstanding he always continues in Prison As if a man be in Prison upon two Executions at the Suit of two several men and the old Sheriff delivers over this Prisoner to the new Sheriff by Indenture according to the usual course and in the said Indenture makes no mention of one of the said Executions this Omission shall be said an Escape in Law instantly for which the Old Sheriff shall answer although the Execution was matter of Record whereof the new Sheriff might have taken notice But otherwise it is where the old Sheriff dies for in such case it behoves the new Sheriff at his peril to take notice of all the Executions that are against any person that he finds in the Gaol But in the said Case where the Sheriff dies and before another is made one that is in Execution breaks the Gaol and goes at large this is no Escape for when a Sheriff dies all the Prisoners are in the custody of the Law until a new Sheriff be made See Coke lib. 3. fol. 72. If the Sheriff upon a Capias ad satisfaciendum to him directed makes Return That he hath taken the Body and yet hath not the Body in Court at the day of the Return the Plaintiff may have his Action against the Sheriff for the Escape although the party so taken be in the Gaol See 7 H. 4. 11. Br. 107. Escheat EScheat is where a Tenant in Fee-simple commits Felony for which he is hanged or abjured the Realm or Outlawed of Felony Murder or Pety Treason or if the Tenant die without Heir general or special then the Lord of whom the Tenant held the Land may enter by way of Escheat or if any other enter the Lord shall have against him a Writ called a Writ of Escheat Escheator EScheator is the name of an Officer that observes the Escheats of the King in the County whereof he is Escheator and certifies them into the Exchequer This Officer is appointed by the L. Treasurer and by Letters Patents from him and continues in his Office but one year neither can any be Escheator but once in three years An. 1. H. 8. cap. 8. and an 3 ejusdem cap. 2. See more of this Officer and his Authority in Crompton's Justice of Peace See An. 21 Ed. 1. The form of the Oath of the Escheator see in the Regist orig fol. 301. b.
between Rent and Common is good and that ought to be by Deed. Also it behoves alway that this word Exchange be in the Deed or else nothing passes by it except he have Livery and Seisin Exchequer EXchequer See Exchequer Excommengement EXcommengement is to say in Latine Excommunicatio and it is where a man by judgment in Court Christian is Excommenged by which he is disabled to sue any Action in the Kings Court and if he remain Excommunicate xl days and will not be justified by his Ordinary then the Bishop shall send his Letter Patent to the Chancellour to certifie this excommunication or contempt and thereupon the Sheriff shall be commanded to take the Body of him that is Accursed by a Writ called De Excommunicato capiendo till he hath made satisfaction to holy Church for the Contempt and Wrong and when he is justified the Bishop shall send his Letters to the King certifying the same and then the Sheriff shall be commanded to deliver him by a Writ called Excommunicato deliberando See the Statute 5 Eliz. cap. 23. Excommunication EXcommunication See Excommengement Execution EXecution is where Iudgment is given to any Action that the Plaintiff shall recover the Land Debt or Dammages as the case is and when any Writ is awarded to put him in possession or to do any other thing whereby the Plaintiff should the better be satisfied his Debt or Dammages that is called a Writ of Extention and when he hath the possession of the Land or is paid the Debt or Damages or hath the Body of the Defendant awarded to prison then he hath Execution And if the Plea be in the County or Court-Baron or Hundred and they defer the execution of the Iudgment in favor of the party or for other cause the Demandant shall have a Writ De Executione Judicii Note that in a Writ of Debt a man shall not have Recovery of any Lands but of those which the Defendant hath the day of the Iudgment yielded And of Chattels a man shall have execution only of the Chattels which he hath the day of the execution sued Executione facienda EXecutione facienda is a Writ commanding Execution of a Iudgment the divers uses whereof see in the Table of the Reg. Judic Executor EXecutor is when a Man makes his Testament and last Will and therein names the person that shall execute his Testament that is his Executor and is as much in the Civil Law as Haeres designatus or Testamentarius as to Debts Goods and Chattels of his Testator and such an Executor shall have an Action against every Debtor of his Testator and if the Executor hath Assets every one to whom the Testator was in Debt shall have an Action against him if he have an Obligation or Specialty but in every case where the Testator might wage his Law no Action lies against the Executor See hereof before in the Title Administrators And if any other person not made Executor take or sell the Goods of the deceased he may be sued as Executor of his own wrong in the same form as other Executor See the Statute of 30 Car. 2. cap. 7. Exemplification EXemplification is when a man will have any Original Record written out and exemplified forth of the Court where it remains to which purpose he may have a Writ as appiert by the Reg. orig f. 290. And if a man will plead a Record in other Court then where it remains it behoves him to have it exemplified under the Great Seal of England for if it be exemplified under the Seal of the Common Pleas Exchequer or such like it will not serve unless in Evidence to a Iury. See Coke l. 5. f. 53. See the Statute of 13 Eliz. cap. 6. and 23 El. 3. The force and use of Exemplifications of Patents c. Exemption EXemption is a priviledge to be Free from Service or Apparance and therefore a Baron Baronness by reason of their Dignity are exempted to be sworn upon any Inquest Coke l. 6. f. 53. Also Knights Clerks and Women are exempted to appear at Leets or the Sheriffs Tourn And that is by the Statute of Marlebridge c. 10. And a man may be exempted from being put upon Enquests and Iuries by the Kings Letters Patents as the President and Colledge or Commonalty of Physicians in London were by the Letters Patents of King H. 8. Coke l. 8. f. 108. Ex gravi querela EX gravi querela See before in the Title Devise Exigent EXigent is a Writ that lies where a man sues an Action personal and the Defendant cannot be found nor hath any thing within the County whereby he may be attached or distrained then this Writ shall go forth to the Sheriff to make Proclamation at five Counties every one after another that he appear or else that he shall be out-lawed and if he be outlawed then all his Goods and Chattels are forfeit to the King In an Indictment of Felony the Exigent shall go forth after the first Capias And in a Capias ad computandum or ad satisfaciendum and in every Capias that goes forth after Iudgment the Exigent shall go forth after the first Capias And also in Appeal of Death but not in an Appeal of Robbery or Mayhem With this Exigent issueth also a writ by the Statute of 13 El. cap. 3. to make three Proclamations against the Defendant which is not in Exigents after Iudgment Exigenter EXigenter is an Officer of the Common Pleas of which there are four They make out all Exigents and Proclamations in all Actions in which process of Outlawry lies And they make writs of Supersedeas as well as the Preignotaries upon such Exigents as were made in their Office Of this Officer there is mention made in the Statutes of 10 H. 6. c. 4. 18 H. 6. c. 9. Ex mero motu EX mero motu are words frequently used in the Kings Charters whereby he signifies that he doth that which is contained in the Charter of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to bar all exceptions that might be taken to the Instrument wherein they are contained by alledging that the King in passing that Charter was abused by any false Suggestion Kitch f. 151. And when the Kings Charter hath therein these words it shall be taken most strongly against the King therefore if the King ex mero motu pardon to B. all his debts all the debts that B. ows as Sheriff are by this pardoned and in like manner it is in many other cases where these words shall be taken as strongly against the Kings as if a common person had made the Grant See Coke l. 1. f. 45. Ex parte talis Ex parte talis See before Tit. Account Expeditate EXpeditate is a word often used in the Forrest signifying to cut out the Balls of great Dogs feet for preservation of the Kings Game And
In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
Prebend for that the Temporalties of the Bishoprick were in his hands by the death of W. late Bishop c. The Defendant saith that it was not void the Temporalties being in the Kings hand by the death of W. This is a Negative pregnant for it may be in the Kings hands otherwise then by the death of W. and it suffices the King if it be in his hands by any means c. So is it where an Information was brought in the Exchequer against J. S. for that he bought Wool of J. N. between Shearing-time and the Assūmption such a Year The Defendant saith he did not buy any of J. N. as it is alledged c. This is called a Negative pregnant for if he bought it of any other yet he is culpable for the buying Neif or Nief NIef is a Woman that is bound or a Villain Woman but if she marry a Freeman she is thereby made free because she and her Husband are but one person in Law and she ought to be of the same nature and condition in Law to all intents as her Husband is but her Husband is free to all intents without any condition in Law or otherwise and so by consequence the Wife ought to be and is free according to the nature of her free Husband And then if she were once free and clearly discharged of Bondage to all intents she cannot be Nief after without special act done by her as Divorce or Confession in Court of Record and that is in savor of Liberty And therefore a Free woman shall not be Bound by taking of a Villain to her Husband but their Issue shall be Villains as their Father was which is contrary to the Civil Law for there it is said The Birth follows the Belly Bondage or Villainage had beginning amongst the Hebrews and its original of Chanaan the son of Cham who because he had mocked his father Noe to scorn lying dissolutely when he was drunk was punished in his son Chanaan with penalty of Bondage Ne. Injuste vexes NE injuste vexes Look in the Title Monstraverunt Next Friend NExt Friend See Prochein Amy. Nihil dicit NIhil dicit is when an Action is brought against a Man and the Defendant appears the Plaintiff declares and the Defendant will not answer or pleads to the Action and doth not maintain his Plea but makes Default now upon this Default he shall be condemned because he Saith nothing Nisi prius NIsi prius is a Writ judicial and lies where an Enquest is empanelled and returned before the Iustices of the Bench then the Plaintiff or Defendant may have this Writ directed to the Sheriff commanding him to cause the Enquest to come before the Iustices in the same County at their coming and that for the ease of the Enquest Nomination NOmination is where one may in right of his Mannor or otherwise nominate and appoint a worthy Clerk or man to a Parsonage Vicarage or such like Spiritual promotion 〈◊〉 note that this Nomination ought to be another then the Ordinary which other shall present him to the Ordinary Non-ability NOn-ability is where an Action is brought against one and the Defendant says that the Plaintiff is disable to sue an Action and demands Iudgment if he shall be answered There are six causes of Non-ability in the Plaintiff as if he be an Outlaw or an Alien born but that Disability is in Actions real and mixt only and not in Actions personal except he be an alien enemy or condemned in Praemunire or professed into an Abby Priory or Friety or Excommunicate or a Villain aud sues his Lord. But this last is no Plea for another that is not Lord to the Villain See more hereof Littl. l. 2. c. 11. Non-age NOn-age is all that time of a mans age under 21 years in some cases and 14 in others as Marriage See Broke Tit. Age. Non-claim NOn-claim is the Omission or neglect of him that ought to challenge his Right within a time limitted by which neglect he is either barred of his Right as at this day upon Non claim within five years after a Fine and right to him accrued by the Statute of 4 H. 7. c. 24. or of his Entry by a discent for want of Claim within five years after the Disseisin made by the Statute of 32 H 8. cap. 33. Non omittas propter libertatem NOn omittas propter libertatem is a Writ that lies where the Sheriff returns upon a Writ to him directed that he hath sent to the Bailiff of such a Franchise which hath Return of Writs and he hath not served the Writ then the Plaintiff shall have this Writ directed to the Sheriff that he himself enter into the Franchise and execute the Kings Writ Also the Sheriff shall warn the Bayliff that he be before the Iustices at the day contained in the Writ and if he come not and excuse himself then all the Writs judicial which shall pass out of the Kings Court during the same Plea shall be Writs De non omittas c. and the Sheriff shall make execution of them depending that Plea Non-suit NOn-suit is the Renouncing of a Suit by the Plaintiff or Defendant when the matter is in probability to proceed after the Tenant or Defendant hath appeared c. And see the Statute of 2 H. 4. c. 7. in what cases a man cannot be Non-suit and 23 H 8. cap. 15. and 8 Eliz. c. 2. and 4 Jac. c. 3. where he that is Non-suit shall pay Costs to the Defendant Non sum informatus NOn sum informatus is a formal Answer made by an Attorny who is commanded by the Court to say something in Defence of his Client by which he is deemed to leave his Client undefended and so Iudgement passes for the other party Novel Assignment NOvel assignment is where a man brings Trespass for breaking his Close And the Defendant justifies in a place where no Trespass was done then the Plaintiff assigns the Close where it was to which the Defendant may plead Not guilty or justifie by Title And there are other Replications in Battery and other Trespasses as if the Defendant in Battery justifies by a Writ The Plaintiff replies that after the Retorn of it the Plaintiff in that Suit discharged the Plaintiff out of Prison and that the Defendant after that Imprisoned him now the Defendant must answer to that Replication Bare or Naked Contract BAre Contract or Naked Promise is where a Man bargains or sells Lands or Goods or promises to give one Money or a Horse or to build a House or do such a thing at such a day and there is no recompence appointed to him for the doing thereof as if one say to another I sell or give to you all my Lands or Goods and there is nothing appointed assigned or agreed upon what the other shall give or pay for it so that there is not one thing for another this is a Naked Contract and void in
only by the Law that is to say by Escheat Privy in Right is where one possessed of a Term for years grants his Estate to another upon Condition and makes his Executors and dies now these Executors are Privies in Right for if the Condition be broken and they enter into the Land they have it in right of their Testator and to his use Privy of Blood is the Heir of the Feoffor or Donor c. Also if a Fine be levied the Heirs of them that levied the Fine are called Privies Privileges PRivileges are Liberties and Franchises granted to an Office Place Town or Mannor by the Kings great Charter Letter Patents or Act of Parliament as Toll Sake Socke Infangtheef Outfangtheef Tourne Ordelfe and divers such like for which look in their proper titles and places Also there are other privileges which the Law takes notice of that is to say the privileges of the Commons Peers of the Parliament the privileges of Attornies Officers of the Courts at Westm that they shall not be sued or impleaded in another Court but in that where they are Attornies or Officers Procedendo PRocedendo is a Writ that lies where any Action is sued in one Court which is removed to another more high as to the Chancery Kings Bench or Common Place by a Writ of Priviledge or Certiorari and if the Defendant upon the matter shewed have no cause of Priviledge or if the matter in the Bill whereupon the Certiorari issued be not well proved then the Plaintiff shall have this Procedendo to send again the matter unto the first base Court there to be determined Proces PRoces are the Writs and Precepts that go forth upon the Original And in Actions real and personal there are sundry sorts of Proces For in Actions real the Proces i ◠Grand Cape before Appearance Therefore see of that in the 〈◊〉 Petit Cape But in Actions personal as in Debt Trespass or Detinue the Proces is a Distress and if the Sheriff return Nihil habet in Balliva c. then the Proces is Alias Capias and Pluries and an Exigent and they are called Capias ad respondendum Also the Exigent shall be proclaimed five times and if the party do not appear he shall be outlawed But in divers Actions there are divers manners of Proces which at large is declared in N. B. And there are divers other Proces after Appearance when the parties are at Issue to make the Enquest appear as a Writ of Venire facias and if they do not appear at the day then a Writ of Habeas corpora Jurat ' and after a Writ of Dist ◠ingas Jurat ' And there are divers other Proces after Iudgment as Capias ad satisfaciendum and Capias utlagatum c. Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage then he shall be arrested by this Writ and put in Prison without Bail or Mainprise till he hath paid the Debt and the Dammages Capias utlagatum lies where one is outlawed then he shall be taken by this Writ and put in Prison without Bail or Mainprise for that he had the Law in contempt And there are other Proces and Writs Iudicial as Capias ad valentiam Fieri facias Scire facias and many other and therefore look for them in their Titles Next friend NExt friend is commonly taken for Gardian in Soccage and is where a man seised of Land holden in Socage dies his issue within age of 14 years then the next friend or next of kin to whom the Lands cannot discend shall have the keeping of the Heir and of the Land to the only use of the Heir until he come to the age of 14 years and then he may enter and put the Gardian out and bring him to accompt But in that Accompt he shall be allowed for all reasonable costs and expences bestowed either upon the Heir or his Land The next friend or next of kin to whom the Inheritance cannot discend is thus to be understood If the Lands discend to the Heir from his Father or any of the kin of his Fathers side then the Mother or other of the Mothers side are called the next of kin to whom the Inheritance cannot discend for before it shall so diseend it shall rather escheat to the Lord of whom it is holden And where the Lands come to the Heir from his Mother or any of her side then the Father or other of the Fathers side are called the next of kin to whom the Inheritance cannot discend but shall rather escheat to the Lord of whom it is holden Otherwise Prochein amy is he who appears in any Court for an Infant who sues any Action and aids the Infant to pursue his Suit whereof see the Statutes of Westm 1. cap. 47. and Westm 2. cap. 15. that an Infant may not make an Atturney but the Court may admit the next Friend for the Plaintiff and a Gardian for the Infant Defendant as his Atturney Proclamation PRoclamation is Notice publickly given of any thing whereof the King thinks good to advertise his Subjects so it is used Anno 7. R. 2. c. 6. Proclamation of Rebellion is an open notice given by an Officer that a man not appearing upon a Subpoena or Attachment in the Chancery shall be reputed a Rebell except he render himself at the day assigned Crompt Jurisdict fol. 92. And it is to be noted that no man may make Proclamation but by authority of the King or Majors and such like as have proviledges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market-towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and Fined Brook Proclamation 10. Procurator PRocurator is used for him who gathers the Fruits of a Benefice for another man Anno 3 Ric. 2. Stat. 1. cap. 2. Prohibition PRohibition is a Writ that lies where a man is impleaded in the Spiritual Court of a thing that touches not Matrimony nor Testament nor meerly Tithes but the Kings Crown This Writ shall be directed as well to the party as to the Iudge or his Official to prohibit them that they pursue no farther But if it appear afterward to the Iudges temporal that the matter is fit to be determined in the Spiritual Court and not in the Court Temporal then the party shall have a Writ of Consultation commanding the Iudges of the Court Spiritual to proceed in the first Plea Also there are many other Prohibitions to the Admiralty and to other Courts of Common-Law if they exceed their power Properite PRopertie is the highest Right that a man hath or can have to any thing which no way depends upon another mans courtesie And this none in this Kingdom can be said to have in any Lands or
c. 10. f. 74. a. Purveyors PUrveyors were ancient Officers to provide Victuals for the King which Office is mentioned in the Statute 28 E. 1. cap. 2. 36 E. 4. cap. 6. 14 E. 3. cap. 19. But it is abolished by the Stat. 12 Car. 2. cap. 24. Q. Quadrantata terrae QUadrantata terrae is the fourth part of an Acre Quae plura QUae plura is a Writ that lies in case where the Escheator hath found an Office after the death of the Kings Tenant virtute officii and hath not found all the Lands of which he died seised then this Writ shall issue in nature of a Melius inquirendo to find what Lands he had more See F. N. B. f. 255. a. Quale jus QUale jus is a Writ that lies where an Abbot Prior or such other should have Iudgment to recover Land by Default of the Tenant against whom the Land is demanded then before Iudgment given or Execution awarded this Writ shall go forth to the Escheator to enquire what right he hath to recover And if it be found that he hath not right then the Lord who should have the Land if the Tenant had aliened in Mortmain may enter as into Land aliended in Mortmain for this losing by Default is like an Alienation See the Stat. Westm 2. c. 32. But where one will give Lands to a House of Religion an Ad quod damnū shall go forth to the Escheator to enquire of what value the Land is and what prejudice is shall be to the King Quare ejecit infra terminum QUare ejecit infra terminum is a Writ that lies where one makes a Lease to another for term of years and the Lessor infeoffs another and the Feoffee puts out the Termour then the Termour shall have this Writ against the Feoffee But if another stranger put out the Termour then he shall have a Writ De ejectione firmae against him And in these two Writs he shall recover the term and his dammages Quare impedit QUare impedit is a Writ that lies where I have an Addowson and the Parson dies and another presents a Clerk or disturbs me to present then I shall have the said Writ But Assise de darrein presentment lies where I or my ancestors have preseuted before And where a man may have art Assise de darrene presentment he may have a Quare impedit but not contratiwise Also if the Plea be depending between two parties and be not discussed within fix moneths the Bishop may present by Lapse and he that hath right to present shall recover his dammages as appears by the Statute of Westm 2. c 5. And if he that hath right to present after the death of the Parson brings no Quare impedit nor Darreine presentment but suffers a stranger to usurp upon him yet he shall have a Writ of right of Advowson But this Writ lies not unless he claim to have the Advowson to him and his heirs in Fee Quare incumbravit QUare incumbravit is a Writ that lies where two are in Plea for the Advowson and the Bishop admits the Clerk of one of them within the six moneths then he shall have this Writ against the Bishop But this Writ lies always depending the Plea Quare intrusit Matrimonio non satisfacto QUare intrusit Matrimonio non satisfacto is a Writ that lies where the Lord profers convenable Marriage to his Ward and he refuses and enters into the Land and marries himself to another then the Lord shall have this Writ against him Quare non admifit QUare non admifit is a Writ that lies where a man hath recovered an Advowson and sends his convenable Clerk to the Bishop to be admitted and the Bishop will not receive him then he shall have the said Writ against the Bishop But a Writ of Ne admittas lies where two are in Plea if the Plaintiff suppose the Bishop will admit the Clerk of the Defendant then he may have this Writ to the Bishop commanding him not to admit him hanging the Plea Quarels QUarels is derived from Querendo and extends not only to Actions as well real as personal but also to the Causes of Actions and Suits so that by the Release of all Quarels not only Actions depending in Suit but Causes of Action and Suit also are released and Quarels Controversies and Debates are words of one sense and of one and the same signification Coke lib. 8. fol. 153. Quarentine QUarentine is where a man dies seised of a Mannour-place and other Lands whereof the Wife ought to be endowed then the woman may abide in the Mannour-place and there live of the store and profits thereof the space of sorty days within-which time her Dower shall be assigned as it appears in Magna Charta cap. 6. Que estate QUe estate is a term in pleading to avoid prolixity as if a man pleads a feoffment in fee to A. cujus statum idem B. modo habet and no one can plead it but Tenant of the Fee nor can it be pleaded of things which pass meerly by grant as Advowsons Franchises c. Quid juris clamat QUid juris clamat is a Writ that lies where I grant the Reversion of my Tenant for life by Fine in the Kings Court and the Tenant will not attorn then the Grantee shall have this Writ to compel him But a Writ of Quem redditum reddit lies where I grant by Fine a Rent charge or another Rent which is not Rent service which my Tenant holds of me and the Tenant will not attorn then the Grantee shall have this Writ And a Writ of Per quae servitia lies in like case for Rent service Also if I grant four divers Rents to one man and the Tenant of the Land attourns to the Grantee by payment of a peny or of a half peny in the name of Attournment of all the Rents this Attournment shall put him in seisin of all the Rent But these three Writs ought to be brought against those who are Tenants at the day of the Fine levied and against no other Fifteenth FIfteenth is a Payment granted in Parliament to the King by the Temporalty namely the fifteenth part of their goods And it was used in ancient time to be levied upon their Cattel going in their grounds which thing was very troublesome and therefore now for the most part that way is altered and they use to levie the same by the Yard or Acre or other measure of Land by means whereof it is now less troublesome and more certain than before and every Town and Country know what sum is to be paid among them and how the same shall be raised We read that Moses was the first that numbred the people for he numbred the Israelites and the first Tax Subsidy Tribute or Fifteenth was invented by him among the Hebrews as Polydore Virgil thinks Quit claim QUit claim is a Release or Acquitting of a man for any Action that he
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions of Parliament to which the King assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest
21 Jac. cap. 17. at 8 l. per Cent. and now by the Statute of 12 Car. 2. c. 17. it is reduced to 6 l. per Cent. Utlary UTlary is when an Exigent goes forth against any man to appear in any Court to make Answer to any Action or Indictment and Proclamation made in five Counties then if the Defendant appear not the Coroner shall give Iudgment that he shall be out of the Protection of the King and out of the aid of the Law By such an Utlary in Actions Personal the party Outlawed shall forfeit all his Goods and Chattels to the King And by an Utlary in Felony he shall forfeit as well all his Lands and Tenements that he hath in Fee-simple or for term of his life as his Goods and Chattels Also though a man be outlawed yet if any Error or Discontinuance be in the Suit of the Proces the party shall have advantage thereof and for such cause the Vtlary shall be reversed and adnulled If the party Defendant be over the Sea at the time of the Vtlary pronounced that is a good cause of Reversal If an Exigent be awarded against a man in one County where he dwells not yet an Exigent with Proclamation shall go forth to the County where he dwells or else if he be thereupon Outlawed the Utlary may be reversed as it appears by the Statute An 6 4 H. 8 c. 4. And if a man be outlawed in Action personal at the Suit of another and after he Purchase his Chatter of Pardon of the King such Charter shall never be allowed till he hath sued a Writ of Scire facias to warn the party Plaintiff and if he appear then the Defendant shall answer him and bar him of his Action or else make Agreement with him Utlaw UTlaw See Waive Utlepe UTlepe signifies the Escape of Theives Fleta lib. 1. cap. 47. Utrum UTrum is a Writ that lies when the Right of any Church is allened and holden in Lay-fee or translated into the possession of any other Church and the Alienor dies then his Successor shall have the said Writ whereof an Enquest shall be charged to try whether it be the Free alms of the Church or Lay-fee And note well that none that have Covent or Common Seal may maintain this Writ but a Writ of Entre sine assensu Capitull for the Alienation made by his Predecessor W. Wage WAge is the Giving Security for the performing of any thing as to wage Law and to wage Deliverance which see before in Gage None wages Law against the King Brook tit Chose en Action num 6. See Law Waife WAife is when a Thief hath feloniously stolen Goods and being nearly followed with Hue and Cry or else overcharged with the burthen or trouble of the Goods for his ease sake and more speedy Travelling without Hue and Cry flies away and leaves the Goods or any part of them behind him c. then the Kings Officer or the Reeve or Bayliff to the Lord of the Mannor within whose Iurisdiction or Circuit they were left who by Prescription or Grant from the King hath the Franchise of Waife may seise the Goods so waived to their Lords use who may keep them as his own proper Goods except the Owner come with fresh Suit after the Felon and sue an Appeal or give in Evidence against him at his Arraignment upon the Indictment and he be attainted thereof c. In which cases the first Owner shall have Restitution of his Goods so stollen and waived And though as hath been said Waife is properly of Goods stollen yet it may be also of Goods not stollen As if a man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods c. these shall be taken as Goods waived and forfeit as if they had been stollen But see Foxleys Case Coke l. 4. l. 109. b. that these are not Goods waived but Goods of Fugitives which are not forfeited till it be found before the Coroner or otherwise of Record that he fled for the Felony Waive WAive is a Woman that is Outlawed and she is called Waive as left out or forsaken of the Law and not an Outlaw as a man is for Women are not sworn in Leets to the King nor to the Law as men are who therefore are within the Law whereas Women are not and for that cause they cannot be said Outlawed insomuch as they never were within it See Fitz. N. B. fol. 161. A. But a man is called utlaw because he was once sworn to the Law And now for contempt he is put out of the Law and is called utlaw as one should say without benefit of the Law Wapentake WApentake is all one with that which we call Hundred as appears by Bract. lib. 3. tract 2. cap. 1. num 1. in the end Lambert in his Explication of Saxon Words word Centuria saith That this word Wapentake is more especially used at this day in the Countries beyond the River Trent And in the Laws of King Edward by him set forth num 33. it is most plain in these words And what the English term Hundred the foresaid Counties call Wapentake The Statutes An. 3 H. 5. cap. 2. and An. 9 H. 6. cap. 10. and An. 15 H. 6. cap. 7. make mention of Stainctife Wapentake and Friendless Wapentake in Craven in the County of York See Roger Hoveden part poster Annal. fol. 346. Warden WArden is of the same signification with the French Gardein and therefore of this see more in the Title Gardein But it is the most usual word in English for him that hath the Custody and Charge of any person or thing by Office as Wardens of the Fellowships in London Anno 14 H. 8. cap. 2. Warden Courts An. 31 H. 6. c. 3. Warden of the Marches An. 4 H. 7. cap. 8. Ferry Warden An. 18 Eliz. c. 10. An. 27 Eliz. c. 26. Wardens of the Peace Anno 2 Edw. 3. c. 3. Wardens of the West Marches Cambden Brit. p. 606. Warden of the Forrest Manwood part 1. p. 111 112. Warden of the Alnage An. 18 H. 6. c. 16. Warden of the Kings Armor in the Tower An. 1 E. 4. c. 1. Chief Warden of the Forrest Manwood part 1. pag. 42 43. Warden of the Kings Wardrove Anno 5 Hen. 3. Stat. 5. Wardens of the Tables of the Kings Exchange Anno 9 Ed. 3. Stat. 2. c. 7. and Anno 9 Hen. 5. Stat. 2. cap. 4. Warden of the Rolls of the Chancery Anno 1 Edw. 4. cap. 1 5. Wardens and Communalty of Lands contributory to Rochester Bridge Anno 18 Eliz. cap. 17. and Wardens of the Stannary Courts 4 Instit 230. Wardmote WArdmote is a term mentioned in the Stat. of 32 H. 8. c. 17. and signifies a Court that is kept in every Ward in London and is usually called the Warmote-Court or the Wardmote-Inquest Warrantie WArrantie See Garrantie Warrantia chartae WArrantia chartae is a Writ that lies
parlance â— eux ils sont fait un parol cestascÌ„ Aggreament ' le quel nest aut ' chose que un union copulation conjunction â— deux ou plusors ments in ascÌ„ chose fait ou destrÌ„ fait Veies apres en Testament Et cest Agreement est en 3 manners Le primÌ„ est un Agreement execut ' en fait al comÌ„encemÌ„t Le second est un AgreemÌ„t puis un act fait ê‘ auter est un AgreemÌ„t executed auxy Le tierce est un AgreemÌ„t executory ou destre fait en temps uncore a venÌ„ Le primÌ„ qÌ„ est un AgreemÌ„t executed en fait al comÌ„encement est tiel de que mention est fait en le Star de 25. E. 3. cap. 3. de Pannis en le quart Star qÌ„ dit que les biens choses achates ê‘ Forestallers que de ceo serront attaints soient forfeits al Roy si le achator ent ust fait gree al vendor En quel case cest parol gree que est autermÌ„t appel agreemÌ„t serra entende Agreement execute viz. payment pur les choses Le second manÌ„er Ä‘ Agreement est lou un fait un chose ou act un auter agree ou assent a ceo apres come si uÌ„ fait Disseisin a mon use apres jeo agree a ceo ore jeo serra Disseisor ab initio Et tiel Agreement est un Agreement puis un act fait Le tierce AgreemÌ„t est q â—Ì„t ambideux parties a un temps sont accords que tiel chose serra fait en temps a venÌ„ ceo agreement est executorie entant qÌ„ le chose serra fait apres uncore la lour ments accord a un temps Mes entant que le performance serra apres issint le chose sur qÌ„ l'agreement fuit fait remaine a faire ceo AgreemÌ„t serra dit executorie Et ceo le Stat. 26 H. 8. Stat. 3. prove ou il dit Que chescun Vicar parson autiels c. devant lour actual possession ou medling ove les profits de lour Benefice satisfiera coÌ„tentera c. ou agre era a payer al use le Roy les primÌ„ fruits c. Et si ascun tiel Parson Vicar c ent ' en actual possession c. Ceo Agreement est destre entend executorie come le coÌ„moÌ„ usage prove car est use qÌ„ il ove un ou deux ove luy fait deux vel trois Obligations pÌ„ ceo destre pay en certain iours aprÌ„s Et cest Agreement executory est divide en deux points Un est Agreement executory qÌ„ est certain al comÌ„encement come est dit darrein devant del Primier-fruits Lauter est lou le certaintie ne appiert al primes les parties sont accords que le chose serra perform ou pay sur le certainty conus come si un ven â— al auter tout son Wheat eÌ„ tiel tasse en son Barn nient thresh il est agree parent ' eux que il payera pÌ„ chescun bushel 3 s. quant il est thresh clean measure Aide AID est quant Tenant a term de vie Tenant en dower Tenant ê‘ le curtesie ou TenÌ„t en taile apres possibility â— issue extinct est emplede doÌ„ques pÌ„ ceo qÌ„ ils noÌ„t estare forsque pÌ„ term Ä‘ vie ils prieront Aide Ä‘ cestuy en le Reversion Process serra fait per Brief vers luy de vener pleder ove le TenaÌ„ in defence del Terre si voile Mes ils covient que ils accord en Plea car sils varie le Plea le Tenant serra prise donques l' Aid-prier est en vain mes sil ne vient al secoÌ„d Brief le Tenant respondera sole Aux ' Tenant pÌ„ ans TenaÌ„t a volunt Tenant ê‘ Elegit Tenant per Statute-Merchant averont aid de cestuy en le Reversion le ServaÌ„t Baily de lour Master quant ils ont fait asc cho â— e loyalmÌ„t en le droit lour Master averont aid Cest parol est ascÌ„ foits apply al Subsidies coÌ„e en 14 E. 3. Stat. 2. cap. 1. Auter foits a un Prestation due de les Tenants a lour Seigniors come pÌ„ relief due al Seignior paramount ou pÌ„ le feisance de son fits Chival ou pÌ„ l' espousing de sa file Glan l. 9. c. 8. Cest Aide le Roy ou auter SeignÌ„ ê‘ l'ancient Ley Ä‘ Anglitâ—rre puit giser sur lour Tenants pÌ„ fair son fit Chival ' al age Ä‘ 15 ans espouser sa file al age Ä‘ sept anâ— Reg. orig f. 87. a. a quel rateils pleiront Mes le Stat. de uest 1. fait An. 3. E. 1. ordein un restraint pÌ„ ascun graÌ„d ou large demand fait ê‘ common persons esteant Seigniors en cest case ad lie eux a un ceartain rate Et le Statute â— 25 E. 3. Stat. 5. c. 11. provide que le rate que est mise ê‘ le primÌ„ Stat. serra tenus en le Roy cybien come en auters Seigniors Aide de Roy. AIde de Roy est en semble case come est dit devaÌ„t de common ê‘son auxy en plusors aut ' cases lou le Roy puit aver ê‘de comÌ„t qÌ„ le TenaÌ„t soit Tenant en see simple il avera Aide come si un Rent soit demand vers Tenant le Roy que tient en chief il avera aide issint navera de aut ' person Auxy lou un City ou Borough ad un Fee-farme del Roy ascÌ„ chose est demand vers eux que appertain al Fee-farme ils averont aide pur ceo del Roy. Auxy home avera aide de Roy en lieu de Voucher Auxy le Bayliff Collector purveyor del Roy averont aide del Roy auxibien come les Officers de auters persons Aile AILE est un brief que gift lou Terre descende de layel a son Nephews viz. fitz ou file del fitz del ayel le pier esteant mort devant entry per luy un abate le Heir avera vers le Abater cel Brief Aler sans jour ALer sans jour est verbatim ire sine die cestascavoir deeÌ„ dismisse hors del court pÌ„ ceo que nest ascÌ„ aut ' jour del Appearance assigne Ale-Taster ALe-Taster est un Officer appoint jure deins chescÌ„ Leet de veier qÌ„ le due Assise soit observe de tout le Pane Ale Cervoise vendus deius le Jurisdiction Ä‘ Leet Alien ALien est un Subject nee hors del ligeance de nostre Roy. Et il ne poit aver ascun real ou personal Action concernant TerÌ„ mes en cheseuÌ„ tiel ActioÌ„ le TenaÌ„t ou DeseÌ„daÌ„t puit plede que il fuit nee en tiel pais qÌ„ nest deins le ligeance del Roy demaÌ„d Judgment fil serra respondu ChescÌ„ Alien amie puit per le ComÌ„on Ley aver acquirer
pur ceo que ascun Devorce dissolve le Matrimonie cest adire a vinculo Matrimonii bastard le issue barre le feme de Dower ascun a mensa thoro le quel ne dissolve le Matrimonie ne barre le feme de Dower ne bastard le issue Devorce est Judgment spiritual pur ceo sil soit cause covient estre reverse en le Spiritual Court. Veies Cok. lib. 7. Kenne's Case Si feme Copiholder de certeine Terre durante viduitate sua solonque le Custome del ManÌ„or emblea le Terre devant le severance des Emblements prist baron ore le Seigniour avera l' Emblements nemy le baron Mes si Lease soit fait al baron feme durant le Coverture le baron emblea le Terre puis ils sont devorce causa Praecontractus le baron avera les Emblements nemy le Lessor Dicker DIcker est un parol use en l' Statute 1 Jacobi cap. 22. signifie le quantitie des Dize Hides de Cuir Et semble de vener del Greeke parol Decas que signifie Dize Diem clausit extremum DIem clausit extremum est un Brief que gist lou le Tenant le Roy que tient en Chief morust donque cest Brief serrÌ„ direct al Escheator d' enquirer de quel Estate il fuit seisie que est prochein Heire de quel age de la certaintie value del Terre de que c ' est tenus cel InquisitioÌ„ serra returne en le Chancerie est communement appel Le Office apres le mort del tiel person Et est auter Brief de Diem clausit extremum agard hors del Exchequer apres mort del un Accomptant ou Dettor al Roy a levier le Dett de son Heire Executor Administrators terres ou biens Dies datus DIes datus est un Respite done al Tenant ou Defendant devant le Court Brook Tit. Continuance Dieta rationabilis DIeta ranionabilis est ascun foits use pur le Reasonable Journey 〈◊〉 un jour coÌ„e Bra. l. 3. part 2. c. 16. Il ad eÌ„ le Civile Ley auters interpretations qÌ„ ne besoigne destre cy insert Veies Vocab utriusque Juris Dieu son act DIeu de son act ceux sont parols plusors foits use eÌ„ nostre Ley la est uÌ„ MaximÌ„ Que le Act de Dieu serra prejud ce a nulluy Et pur ceo si Meason eschiust per Tempest ou auter Act de Dieu le Lessee pÌ„ vie ou pur ans non solemÌ„t serra quit en Action de Waste port vers luy mes ad ê‘ le Ley uÌ„ special interest a pÌ„nder l' merismÌ„ pÌ„ edifier l' Meason arerÌ„ sil voit pÌ„ son habitat ' Co. li. 4. 63. lib 11. 82. a. En mesmÌ„ le manner quant le Condition dun Obligation estoya sur deux parts eÌ„ le disjunctive ambideux sont possible al temps del Obligation fait puis lun de eux deveigne impossible per le Act de Dieu le Obligor nest tenus a ê‘former l'auter part car le condition serra prise beneficialment pur luy Cok. lib. 5. 22. Dignitie Ecclesiastical DIgnitie Ecclesiastical est un phrase de parlance use en l' Stat. de 26 H. 8. c. 3. per les Canonists est define destrÌ„ Administratio cum Jurisdictione potestate aliqua conjuncta Diminution EST quant le Plaintiff ou Defendant en un breif d Error allege al Court qÌ„ part del Record remaine en l' Inferiour Court nient certifie prie qÌ„ ceo serra certifie ê‘ Cerciorari Co. Ent. 232 242. 1 Cro. John versus Thomas 2 Cr. 479 131. Rolls Abridg. 765 20. Diocesse DIocesse est le Circuit del Jurisdiction de chescun Evesque car est Royalme ad deux sorts de Divisions l' un en Shires on Counties en respect del Temporal policy l'aut ' en Diocesses en respect del JurisdictioÌ„ Ecclesiastical Disabilitie DIsabilitie est quaÌ„t hoÌ„e per asc ' chose ou act ê‘ luy mÌ„ ou son ancestor fait ou coÌ„mit ou ê‘ asc ' aut ' cause est disabbe ou fait incapable a fairÌ„ de inheriter ou de prender benefit ou advantage d' uÌ„ chose que auterment il puit aver doÌ„e ou fait La sont plusors choses per queux hoÌ„e poit estre disable ceux sont communemeÌ„t ou ê‘ le act del Partie ou son Ancestor ou ê‘ l'act del Ley ou de Dieu Disabilitie per act del Ancestor coÌ„e si home soit attaint de Treason ou Felonie ê‘ cest Attainder son sangue est corrupt ê‘ ceo luy mesme ses issues disable d' inherit ' Disabilitie per le act del Partie mesme come si uÌ„ home fait Feoffment al aut ' home qÌ„ adonque est sole sur condition qÌ„ il enseofferÌ„ un tierce home devant M. devaÌ„t M. ou le FeoffmÌ„t fait le Feoffee prist feme il ad per ceo luy disable de performer le Condition accordant al trust en luy repose pÌ„ ceo le Feoffor poit enter luy ousta come est Lit. sect 357. Issint si le Feoffee charge le Terre ou enter en Statute-Staple ou Statute-Merchaut ê‘ ceux acts il ad luy mesme disable le Feoffor pÌ„ ceo poit enter come en le primÌ„ case Issint si jeo moy oblige qÌ„ sur Surrender â— un Lease jeo voile faire un novel Estate al Lessee puis jeo gran â— a ouster mon Reversion en ceo case comÌ„t que jeo en apres ceo repurchase acquire tout le Reversion a moy arere uncore jeo aye forfeit mon Obligat ' pÌ„ c ' qÌ„ jeo fuy un foits disable de ceo ê‘forme Cok. l. 5. f. 21. Aux ' si hoÌ„e soit excomÌ„enge il ne poit durant ceo temps suer asc ' Action mes serra per ceo disable Co. l. 8. f. 69. issint en plusors auters cases Disabilitie per act del Ley est puis ê“permÌ„t quant hoÌ„e per le sole act del Ley sans ascun original ou primÌ„ chose per luy fait est disable issint est Alien nee Et pur ceo si home nee hors de la liegeance de nostre Seignior le Roy voile suer asc ' Action le Tenant ou Defendant poit dire qÌ„ il fuit nee en tiel Pays hors de la liegeance le Roy demand judgment sil serra respondue car le Ley est nrÌ„e Birthright a qÌ„ un Alien est collateral estrang ' pÌ„ ceo disable pur prender ascuÌ„ benefit ê‘ ceo Per le Act de Dieu come destre Non compos mentis est un Disabilitie eÌ„ asc ' cases en asc ' nemy pÌ„ qÌ„ semble que cesÌ„t difference poit estrÌ„ prise que
' tiel Chien forfeitera al Roy trois souls quat ' deniers Crompt Jurisd fol. 152. Manwood ufast mesmÌ„ le ê‘ol part 1. de son Forrest Ley fol. 212. relata le ancient manner de expeditating de Chiens que fuit que les trois Ortelles del Primer pee del dext ' latere serroÌ„t abscindus ê‘ le pelle a que il auxy adde hors del OrdinaÌ„ce appel l' Assise del Forrest que mÌ„ le manner de expeditating des ChieÌ„s serra jammÌ„s use observe nul auter Quaere de que il surde que Crompton il differont l'un disant que le Ball del pee est abscinde l' aut ' q' les trois primer Ortilles soÌ„t desumus ê‘ le pelle Expensis Militum levandis EXpensis Militum levandis est un BrÌ„e direct al Viscount pur levier le Allowance pur Chivalers del ParliamÌ„t Regist orig fo 191. b. Et Expensis Militum non levandis ab hominibus de Antiquo Dominico nec a Nativis est un Brief de ê‘hibit l' Viscount â— levier ascun Allowance pur les Chivalers del County sur tiels queux tiendront en Ancient Demesne c. â— bidem fol. 261. b. Extend EXtend est appraiser les Terre â— ou Tenements â— un oblige per Statute c. que ad ceo forfeite deliverer eux al Conusee a tiel endifferent rate come per l' annuel Profits le Conusee en temps poit estrÌ„ satisfie son Det. Veies Fitz. N. B fol. 131. Cok. lib. 4. fol. 67. F â— lwoods Case Extent EXtent ad deux significatioÌ„s L'un est un BrÌ„e ou ComÌ„ission al Viscount pur le valuing del Terres ou Tenements l' auter l' act del Viscount ou auter Comissioner sur mÌ„ Brief Broke tit Extent fol. 313. Extinguishment EXtinguishment est lou un SnÌ„r ou asc ' aut ' ad ascun Rent ou Service issuaÌ„t dascuÌ„ TerrÌ„ il pÌ„chase mÌ„ le TerrÌ„ issint qÌ„ il ad tiel Estate en le TerrÌ„ coÌ„e il avoit eÌ„ le Rent donques le Rent est extinct pÌ„ ceo que un ne poit aver Rent issuant hors Ä‘ son TerrÌ„ demesnÌ„ Auxy qnÌ„t ascun Rent seera extinct il covient qÌ„ le TerrÌ„ le Rent sont en un mainÌ„ auxy qÌ„ l'Estate qÌ„ il ad ne soit defeasible auxy qÌ„ il ayt auxi bonÌ„ Estate en le TerrÌ„ comÌ„ en le Rent car sil ad Estate eÌ„ le TerrÌ„ forsque pÌ„ vie ou pur ans ad un Fee-simple en le Rent donques le Rent nest extinct mes est en suspence pur cel teÌ„ps apres le terme le Rent est revive Si soit SnÌ„r Mesne Tenant le Seignior purchase le Tenancie l' Mesnaltie est extinct mes le Mesne avera le surplusage del Rent si ascun soit come Rent secke Auxy si home ad Chimin appendant puis purchase le Terre en que le Chimin est donques le Chimin est extinct issint est de un Common appendant Extortion EXtortion est un Tort fait per un Officer Ordinary Archdeacon Official Major Bailife Viscount Escheator South-Viscount Coroner Gaoler ou auter Officer Colore Officii sui en prendant excessive Reward ou Fee pÌ„ execution de son Office ou autermÌ„t nest auter chose en fait que plainÌ„ Robberie mes pluis odible qÌ„ Robberie car Robberie est apparant tout temps ad ove luy le countenance de Vice mes Extortion esteant cy hault Vice qÌ„ Robberie est port ove luy uÌ„ countenance del Vertue ê‘ reasoÌ„â— quel il est le pluis dure destrÌ„ trie ou discerne pur ceo le pluis odible Et uncorÌ„ ascuÌ„s il y ad que ne voiloient demuriÌ„ mes stretch lour Office Credit Conscience pÌ„ purchaser Money cybieÌ„ ê‘ ExtortioÌ„ come autermÌ„t accordant al disans de le Poet Virgil Quid non mortalia pectora cogis Auri sacra fames F. Faculty FAcultie est un ê‘ol plusors soits use eÌ„ le Statute de 25 H. 8. c. 21. il signifie un Priviledge ou special Dispensation grant al home per favor indulgence â— fairÌ„ ceo qÌ„ per le Ley il ne puit fairÌ„ sicoÌ„e de manger ChairÌ„ eÌ„ jours prohibits ou pÌ„ tener deux ou plusors Ecclesiastical Benefices ensemble c. Et pÌ„ le grant ' de ceux Faculties la est un especial Officer desouth l' Archevesque de Canterburie que est appel le Master des Faculties Failer de Record FAiler de Record est qnÌ„t un Action est port envers un que plede ascun matter de Record averre de ceo prove per le Record le Plaintife dit nul tiel Record sur que le DefeÌ„daÌ„t ad jour don a luy pÌ„ amesnÌ„ eins le Record a quel jour il faile ou amesnÌ„ eins un tiel que nest Barre al cest Action donques il est dit pur failer de son Record sur ceo le Plaintife avera Judgment de recoverer Faint Action Faint Pleader FAint Action come Littleton fol. 154. dit est autaÌ„t adire en Ang ois un Fained Action cestascavoire tiel Action que comÌ„t que les ê‘ols de le BrÌ„e sont voyers uncore pur certain causes il nad title per la Ley de recover per mesmÌ„ l' Action Et faux Action est Iou les parols del Brief sont faux Issint Faint Pleader est un covinous faux collusorie manner de Pleading al deceipt 〈◊〉 un tierce ê‘tie Et encounter tiel Faint Pleader ent ' auters choses le vieux Statute en 3 E. 1. c. 29. semble destre fait Fait FAit est un Escript enseale deliver a prover testifier l' Agreement del partie quel Fait il est al chose containe en le Fait come un Fait de Feo â—â— ment est un Prove del Liverie de Seisin car le Terre passe per le Liverie de Seisin mes quant le Fait le Liverie est joynte en â— emble cest un Prove del Liverie que le Feoffor est cont â— nt que le Feoffee avera le Terre Touts Faits s â— nt ou â—â— aint de quel sont de â— x trois ou plusors partes come le case require de que le Feoffor Grantor ou Lessor ad un le Feoffee Grantee ou Lessee un auter ê‘adventure asc ' aut ' ê‘erson auxy un tierce c. Ou autermÌ„t ils sont Faies Poll single forsque un le quel le Feoffee Grantee ou Lessee ad c. Et chescun Fait consist de trois principal choses sans quel il nest perfect Fait de lier les parties nosmement Escripture Sigillation Deliverie 1. Per Escripture est declare les Nosmes del parties al Fait lour Habitations lour Degrees le Chose grauntus sur
est appel Robberie pur ceo il serra pendue Fence-moys FEnce-moys est un parol del Forrest signifie le space â— 31 jours en l' an cestascavoire 15 jours devant Midsummer 15 jours apres en quel temps est prohibit pur ascun home de chaser en l â— Forrest ou de passer en ceo pur disturber les feres Le reason de que est pur ceo que a ceo temps parturiunt Damae Et pÌ„ ceo cest Moys est appel le Fence-moys ou Defence-moys co que les Dames sont adoÌ„que destre defends del fright ou terror Veies Manw. Forrest Leys c. 13. fol. 90. b. Feodarie FEodarie fuit un Officer en le Court de Gards appoint ê‘ le Mr. de ceo Court ê‘ vertue del Statute 32 H. 8. cap. 46. destre present ovesque l Escheator en chesc ' Countie al trover des Offices a doner evidence pur le Roy cybien pur le Value come pur le Tenure Et son Office fuit auxy pur survey les TrÌ„â— s le Gard apres l'Office trove pur retourne le verie value d'eux en le Court â—Ì„ assigner Dower as Vefues le Roy pur receiver touts les Rents des Terres les Gardes deins fon Circuit pur eux responder al Receiver le Court Mes veies le Stat. 12 Car. 2. c. 24. pÌ„ Abolir le dit Court. Feoffment FEoffment est lou un done Terre Measons ou tiel choses corporal heriditable a un aut ' en Fee-simple de ceo deliver Seisin Possession Aux ' si un fait Done en le taile ou Lease de vie il covient de done Liverie Seisin ou auterment riens passera per le Grant Feoffor Feoffee FEoffor est ce â— uy que enfeoffee ou fait Feoffment al aut ' de TrÌ„es ou TenemÌ„ts en Fee-simple Et Feoffee est celuy que est enfeoffe ou a que le FeoffmÌ„t est issint fait Ferdfare FErdfare hoc est quietum esse de eundo in Exercitum Flet. l. 1. c. 47 Ferdwit FErdwit hoc est quietum esse de Murdro in Exercitu facto Flet. l. 1. c. 47. Ferrie ESt un liberty ê‘ prescription ou grant del Roy d'aver boat pur passage sur un grand stream de caryages ou chivals homes pur reasonable toll Feude FEude ou Mortal Feude est un parol Germanois signifie uÌ„ Haine emplacable qÌ„ ne poit estre satisfie forsque ove le mort del enemie tiel est ceo ent ' les hoÌ„es 〈◊〉 Scotland en le Nord parts d' Angleterre qÌ„ est uÌ„ CoÌ„binatioÌ„ de tout le Consanguinity pÌ„ le vengeance del mort d' asc ' 〈◊〉 lour sanke sur l'Homicide tout son race Et cest ê‘ol est mention eÌ„ le Stat ' 〈◊〉 43 El. c. 13. Fieri facias FIeri facias est un Brief judicial gist lou home recovera Det ou Dammages en Court le Roy donques il avera cest Brief al Viscount luy commandant que il levie le Det les Dammages des biens celuy vers que le Recoverie est ewe gist solement deins l'an jour apres l'an luy covient suer un Scire facias si le partie soit garnie ne vient al jour c. ou sil vient ne scavoit rien dire donques celuy que recovera avera Brief de Fieri facias direct al Viscount que il face Execution de Judgment Mes si home recovera vers un feme el prist baron deins l'an jour donques il covient que cestuy que recovera avera Scire facias vers le baron Auxy est si Abbot ou Prior recover devie son Successor deins l'an avera Scire facias Vide de ceo pluis en le Title Scire facias Title Execution Auxy est un auter manner de Fieri facias versus Rector lou sur un general Fieri facias le Viscount retorne sur ceo quod nulla habet bona seu catalla sur ceo Brief est direct al Evesque del Diocess ou il est Rector Et sur ceo le Evesque levy le Debt des profits del gleab dismes del Rectory Fifteenth FIfteenth Veies Quinzisme Filazer FIlazer del parol Francois Fiâ—ace id est Filum est le nosme dun Officer en le Common Plees des queux sont icy 14. Ils fonts touts les Original Process la le Distresse infinite sur Summons retourne en Actions ê‘sonals le Capias sur le retourne del Nihil touts Briefs de View en cases lou le View est prie Et lou le Appearance est ove eux ils enter l' Imparlance le general Issue en common Actions Judgments per Confession devant Issue jâ—yne font Briefs d'Execution sur eux Et ils font Briefs de Sâ—persâ—deas apres Capias agard quant le Defendant appeare en lour Office Et cest Officer est mention en les Statutes de 10 H. 6. c. 4. 18 H. 6. c. 9. File FIle Filacium est Fiâ—um vel Chorda qua Brevia ali â— Curiis Exhibita trajiciuntur pro meliori conservatione eorundem Finders FInders est un ê‘ol mention eÌ„ mults Statutes come en 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4. c. 13. 31 H. 6 c. 5. semble destrÌ„ toÌ„ut un ove ceux Officere queux ore nous appellomus Scrutatores imployes pÌ„ le Trover des biens imports ou exports sans prayer del CustoÌ„ Fine FIne asc ' foits est prise pur un Summe d'argent quel asc ' est de payer al Roy pÌ„ ascuÌ„ contempt ou offence quel Fine chesc ' que comÌ„it asc ' Trespass ou que est coÌ„vict que il fauxmeÌ„t denie son fait ou fesoit ascun chose en contempt de Ley payera al Roy que l est appel Fine al Roy. Ascun foits Fine est prise pur un final Concord quel est ewe enter ascuns persons touchant asc ' TrÌ„e ou Rent ou auter chose dont asc ' Suit ou Brief est enter eux pendant en asc ' Court quel poit este en divers manners L'un est quant l'un partie r â— conust ceo estrÌ„ le droit del aut ' coÌ„e ceo que il eit del Done cestuy que fesoit le Reconusans quel touts foits suppose un Feoffment precedent est dit Fine execute Ou si il reconust ceo destre le droit del auter omittant les parols come ceo que il eit de son Done c ' esteant Fine sur conusans de droit tant ' si soit levie a cestuy que eit le Franktenement del Terre est Fine sur R â— lease Si cestuy que ceo conust est seisie celuy a que est levie n'eit
N. Naam NAam est le Pursuer on Apprehension des biens moveables de un auter home il est ou loyal ou illoyal Naam loyal est un reasonable Distresse accordant al value del chose pur que Distresse est fait Veies puis de ceo en Hornes Mirrour de Justices lib. 2. Nativo habendo NAtivo habendo est un Brief que gist lou le Villeine ou Nief de un Seigniour est ale â— luy donques le Seigniour avera cest Brief direct al Vic' que il face le SnÌ„r aver son Villein ou Niefe ovesque touts ses chateux En cest Brief plusors Villeins ou Nieses ne purront estrÌ„ demandes que deux mes cy tant des Villeins ou Niefes que voilent joyntmÌ„t poieÌ„t porter BrÌ„e de Libertate probanda Et si un Nief port Brief de Libertate probanda avant que le Seigniour port cest Brief donques le Villein Plaintif ou Niefe serra en peace jesque al venue des Iustices ou autermÌ„t son Brief ne luy aidera Au â— y si un Villein ad demur en Antient demesne per un an jour sans claime del Seigniour donques il ne poit luy seiser deins le dit Franchise Naturalization NAturalization Veies Denizen Ne admittas NE admittas est un Brief direct al Evesque al Suit de un que est Patron de ascun Esglise il doubta que l'Evesque voit collate un son Clerk ou admit un auter Clerk pÌ„sent ê‘ auter home al dit Benefice donques il qÌ„ c ' doubta avera cest Brief de inhibiter le Viscount de collater ou admitter ascun a son Esglise Negativa pregnans NEgativa pregnans est quant un Action Information ou tiel semblable Suite est port envers un le Defendant plead en Barre del ActioÌ„ ou auterment un Negative Plee que nest cy special aunswer al Action mes que il enclude auxy un affirmat â— ve Come pÌ„ example Si uÌ„ BrÌ„e de Entre en casu proviso soit port per cestuy en le Reversion sur Alienation ê‘ le Tenant pur vie supposant que il ad alien en Fee que est un Forselture de son Estate le Tenant al Brief dit que il nad alien en Fee cest un Negative en que est include un Affirmative car nient obstant il soit veray que il nad alien en Fee uncore il poit estre q' il ad fait un Estate en taile le qÌ„l est auxy un Forfeiture donques l' Entry de celuy en l'Reversion est loyal c. Item en un Quare impedit l'Roy fist Title de presenter a un Prebend ratione que les Temporalties de l'Evesquerle fueront en sa mains ê‘ le mort â— W. nuê‘ Episcopum c. Le Defendant dit que ne voida pas esteants les Temportalties eÌ„ les maines â— l Roy ê‘ le mort de W. Cest un Negative pregnant car il poit estre en les maines del Roy auterment que per le mort de W. il suffist al Roy si soit en sa maines c. Issint est lou un Information fuit port in Scaccario vers J. S. pur ceo que il achate lanes pereÌ„ter Sheringtemps Assumption tali anno de J N. Le Defendant dit quod non emit de J. N. come il est alleadge c. Ceo est appelle un Negative pregnant car sil ceo achate de auter uncore il est culpable pur achater Neif ou Nief NIef est un Feme que est bonde ou uÌ„ Villein Feme mes si el marrie un Frankhome el est ê‘ ceo fait frank pur ceo que el sa Baron sont forsque un person en Ley el covient estre de mesme le nature condition en Ley a touts entents coÌ„e sa Baron mes sa Baron est frank a touts entents sans ascun condition en Ley ou autermÌ„t issint per consequens le Feme covient estre est frank accordant al nature son frank Baron Et donques si el soit un foits franke cleerement discharge de Villenage a touts entents el ne poit estre Niefe apres sans especial act fait per luy come Divorce ou Conusans en Court de Record c ' est en favour de Libertie Et pÌ„ ceo un Franke feme ne serra Villeine per prisel del Villein a sa Baron mes lour issue serra Villeines come lour Pere fuit que est contrary a le Ley Civile car la est dit Partus sequitur Ventrem Bondage ou Villeinage ad son coÌ„mencemÌ„t enter les Hebrews son original de Chanaan le fits de Cham qÌ„ pÌ„ ceo que il avoit derise son Pere Noe gisant dissolutement quant il fuit ebrle fuit punie en son fits Chanaan ovesque penaltie d'Bondage Ne Injuste vexes NE injuste vexes Vide Titulo Monstraverunt Next Friend NExt Friend Veies Prochein Amy. Nihil dicit NIhil dicit est quant un Action est pore envers un home le Defendant appeare le Plaintife declare le Defendant ne voile responder ou pleade al Action ne maintaine son Plee mes fait Default ore sur cest Default il serra condemne quia Nihil dicit Nisi prius NIsi prius est un BrÌ„e judicial gist quant l'Enquest est impanell ' retorne devant les Justices en Banke donques le Plaintife ou Defendant poit aver cest BrÌ„e direct al Vil â— ' luy commandant qÌ„ il face vener la Enquest devant les Justices en mÌ„ le Countie a lourvener ceo pÌ„ easement del Enquest Nomination NOmination est lou un poit en droit de son Mannor ou auterment nominate appoint un able Clerk ou hoÌ„e al un Parsonage Vicarage on tiel Spiritual promotion Et nota que cest Nomination poit estre al auter que l' Ordinarie que auter luy presenterÌ„ al Ordinarie Non-ability NOn-abilitie est lou un Action est port vers un le Defendant dit que le Plaintiff est non able de suer asc ' Action demand Judgment sil serra responde Il y ad 6 causes de Non-abilitie en le Plaintiff come sil soit Utlage ou Alien nee mes cest Disabilitie est en Actions reals mix solement non en Actions personals si non que il solt un Alien enemie ou condemne en Praemunire ou ê“fesse en un Abbie Priorie ou Frierie ou Excommenge ou un Villeine sue son Seignoir Mes cest darreine nest Plee pur auter que nest Seignior al Villeine Vide de ceo Littl. l. 2. c. 7. Non-age NOn-age est tout les temps de l'age del home desouth 21 ans en
ewe â— un auter ou de soy mesme Placard PLacard est un parol use en les Statutes de 33 H. 8. cap. 6. 2 3 M. cap. 9. signifie un Licence pur user illoyal Games ou de shooter en un Bombarde Plaintiff PLaintiff est celuy que sue ou complain en un Assise ou en un Action Personal come en un Action de Det Trespas Disceit Detinue tiels semblables Pledges PLedges sont Sureties 〈◊〉 real ou formal queux le Plaintiff trove a prosecuter son suit Pleading PLeadings sont touts Acts del Parties al Suits apres le Count ou Declaration nosemement ceo que est containe en le Barr Replicat ' Rejoyn â— non ceo conteiuÌ„ en le Count mÌ„ pÌ„ ceo Defaults eÌ„ le matt ' del CouÌ„t ne sont comprise deins Mispleading ou insufficient Pleading ne sont remedie per le Statute de Jeosailes 32 H. 8. mes sole â— t ceo mispleading ou insufficient Pleading commit en le Barre Replication Rejoynder sont la provide Mes veies ceux auxy ore remedies per le Statute 18 Eliz. cap. 13. Plenartie PLenartie est qnÌ„t un Benefice est plene directmÌ„t opposite al Vacation qÌ„ signifie l' avoidance â— ' un Benefice Stamf. Prerog cap. 8. fol. 32. Plevyn See Replevyu Pluralities PLuralties sont ou Vicar ou Rector avoit deux ou plusors Ecclesiastical Benefices pur â— quel vide Statute 21 H. 8. cap. 13. Policy del Assurance POlicy del Assurance est un course prise ê‘ Merchants pur l' assurer des lour AdveÌ„tures sur le Mer ê‘ doner un certain proportion ê“ centum pur le securer del safe retournÌ„ del Neife tant des Merchandizes sur que est agree Et de ceo poies lier eÌ„ le Statute de 43 Eliz. cap. 12. Sur quel un Action gist al common Ley ou en le Court ê‘ literes Patents le Roy seant a le Royal Exchange en Londre les Judges de quel sont Civilians Common Lawyers Merchants Pone POne est un Brief per que un Case qÌ„ depend en le County-Court est remove en le Commen Plees Veies pur ceo Veil N. B. fol. 2. a. Pontage POntage est un parol mention en divers Statutes comÌ„ eÌ„ Westm 1 cap. 25. 1 H. 8. cap. 9. 39 Eliz. cap. 24. signifie asc ' soits le Contribution collect pur le Reparation dun Pont ascun foits le Tolle pay per passengers a ceo purpose Portgreve Veies Viscount Portmoot POrtmoot est un parol use en le Statute de 43 Eliz. c. 15. signifie un Court tenus en un Port-ville Possessio Fratris POssessio Fratris est ou un home ad fits file per un venter un fits per auter venter morust le primer fits enter devy sans Issue la file avera la terr' coÌ„e heire a son frere coment qÌ„ le second fits est heir a son pere Litt. Sect. 8. Possession POssession est deux voies ou actual ou en Ley. Actual Possession est quaÌ„t un home enter en fait en Terres ou Tenements a luy discende ou auterment Possession en Ley est quant Terres ou Tenements soÌ„t discende al un home il nad uncore realment actualment en fait enter en eux Et il est appell ' Possession en Ley pur ceo que en le oiel consideration del Ley il est pense destrÌ„ en Possession entant que il est Tenant a chescun ActioÌ„ que asc ' voit suer concernant mesmÌ„s les TrÌ„es ou TenemÌ„ts Post diem POst diem est le Returne d' un Brief apres le jour assign pÌ„ le Returne de ceo Postdisseisin POstdisseisin Vide de ceo devant en le Title Assise Postea POstea est le Record des ê“ceedings sur un Trial per un Brief de Nisi prius que est returne apres le Trial per le Judge devant que fuit trie en le Court lou l' Action primerment commence daver Judgement la done sur le Verdict est appelle le Postea pur ceo que c. Poundage POundage est un Subsidy al value de duodize deniers en le liver qÌ„ est grant al Roy ê‘ chescun Merchant cyâ— ieÌ„ Denizen coÌ„e Alien pÌ„ touts manners des Merchandizes exports imports Et des tiels Subsidies veies le Statutes de 1 2 E. 6. c. 13. 1 Jac. c. 33. 14 Car. 2. c. 24. Auxi ê‘ le Statute de 29 El. cap. 4. chescun Viscount est allow poundage pÌ„ levier Debt ou Damages ê‘ Execution Pounds POunds sont en deux sorts lun Pound overt le auter Pound close Pound overt est chescun lieu en que un Distresse est mis soit ceo common Pound ou Back-side Court Yard Pasture ou auterment quecunque lou le owner del Distresse poit vener a doner eux viand sans offence pur lour esteant la ou son vener la. Pound close est tiel lieu lou le owner del Distresse ne poit vener a doner eux viand sans offence come en un Close meason ou quecunque auter lieu Preamble PReamble ad son nosme de le Preposition prae devant le verb ambulo pur vaer issint joynt ensemble ils sont un compound verb praeambulo pÌ„ vaer devant de ceo le primer ê‘t ou coÌ„mencement de un Act est appelle le Preamble de le Act le quel est un cliffe de overer les ments del feasors del Act les mischiefs que ils entende de remedie per ceo Come pÌ„ example le Statute fait al Westm le primer le 37 cap. que douÌ„ Attaint le Preamble de qÌ„ est issint Pur ceo que ascuns gents de la Terre doutant meins faux Serement fairÌ„ que faite ne duissent per que multes des gents sont disherites perdent lour droir Purvey c. Prebend Prebendary PRebend Prebendary sont parols piusors soits uses en nrÌ„e Livres ils veignont del Latine Praebeo Prebend est ceo part ou portion que chescun member ou Canon dun Cathedral Esglise receive en le droit son lieu pur son maintenance Prebendary est cestuy qÌ„ avoit tiel Prebend Praecipe ou Praecipe in capite PRecipe in capite est un Brief que gist lou le Tenant tient del Roy en chiefe come de sa Corone il est deforce cest adire ouste de son Terre donques il avera cest Brief il serra Close serra plede en le Common Banke Auxy si ascun Tenant que tient de ascun Seignior soit deforce luy covient suer Brief de Droit Patent que serra determine en le Court le Seignior Mes fi le Terre soit tenus del Roy le Brief
de Droit Patent serra port al Court le Roy cest Brief poit estre remove de la Court de Seignior en le Countie per un Tolt de le Countie en Common Banke per un Pone Ideo veies devant Titulo Droit Praecipe PRaecipe sont de divers sorts Quod reddat terras come dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary est compound des deux parol ' Latinois prae Notarius est use en nostre Ley pur le chief Clerks des Courts le Roy dont la est un eÌ„ Bank le Roy trois en le Common Bank Cestuy en Bank le Roy record touts Actions Civils sues en ceo Court ceux â— l Common Banke inrolle touts Declarations Pleadings Judgments font hors touts judicial Briefs ils inrolle touts Fines Recognisances exemplifiont touts Records mÌ„ le TermÌ„ devant que les Rolles sont ball hors de lour maluÌ„s En 15 E. 4. 26 b. cest Officer est appel Praesignator Et un des trois eÌ„ Common Bank Praesignator pauperum Premisses PRemisses Veies Habendum Praemunire PRaemunire est un Brief qÌ„ gist lou ascun home sue ascun auter eÌ„ Court Christian pur ascun chose que est determinable en le Court le Roy ê‘ quel grand punishment est ordain per pleuseurs Statutes cestascavoire que il serra hors de protection le Roy mis en prison sans Baile ou Mainprise tanque il ad fait Fine al volunt le Roy que ses Terres chateux serront forfeits si il ne veigne deins deux mois Et son Provisors Procurators Attornies Executors Notaries Maintainers serront punish en mesme le manner Ideo vide Statutum Auxy ascuns diont que si un Clerke sue auter home en Court de Rome pur chose Spiritual lou il poit aver remedie deins cest Realme en Court son Ordinarie que il serra en le case de le Statute Et sur divers aut's offences est impose ê‘ Statutes depuis fait le penaltie que eux incurre queux fueront attaints en Praemunire Come per 13 El. cap. 8. ceux que aidont a fairÌ„ corrupt Bargain sur que Usurie est reserve ouster 10 l. en le Hundred pur l'an c. Prender PRender est Potestas aut jus quicquid accipiendi antequam offertur a Francois prendre i. accipere Prescription PRescription est quant un person claime asc ' chose pur ceo que il ses Ancestors ou Predecessors ou eux que Estate il ad ont ew ou use ceo dont nul memorie curt al contrary Mes un ne poit pÌ„scribe encounter un Statute si non que il ad auter Statute que serve pur luy Presentment PResentment est aequivocum L'un est al Esglise comeÌ„t quant ascun home ad droit a doner ascun Benefice Spiritual nosme le ê‘son al Evesque a que il voet le doner fait un Letter al Evesque pur luy ceo est un Presentation ou Presentment Si divers Coheirs ne poyent accorder en Presentment le Presentee de l'eigne serra admitte Mes si Joyntenants Tenants en common ne accordant deins les size moys l'Evesque presentera per laps L'auter est un Presentment ou Information ê‘ ascun Jurie en un Court devant asc ' Officer la qÌ„ ad authorite de punisher asc ' offence fait contrarie al Ley. Pretensed Droit ou Title PRetensed Droit ou Title est lou un est en possession de Terres ou Tenements un auter que est hors claime ceo ou sue pur ceo ore le pretensed Droit ou Title est dit en luy que issent sue ou claime Et si il pluis vient a le possession son Droit ou Title est annexe al Terre possession nient donque appel Droit Primer Seisin PRimer Seisin est use en le CoÌ„mon Ley pÌ„ un branch del Prerogative le Roy ê‘ que il ad le PrimÌ„ possession cestascavoirÌ„ les intire Profits pÌ„ un an des touts les Terres Tenements dont son Tenant que tenus de luy eÌ„ chief morust seisie en son Demesne coÌ„e de Fee son Heire adonque esteant â— plein age c ' le Roy prist en lieu des intire Profits queux il poit pÌ„nder sil voit tanques Liverie soit sue ou al meins tender Prerog Reg. c. 3. Stanf. f. 11. B. Veies le Stat. 12 Car. 2. c 24. Prisage PRisage est ceo part ou portion que appertein al Roy hors des tiel Merchandises queux sont prises al Mer ê‘ voy le loyal Prise Et cest parol vous trovers en le Statute 31 Eliz. c. 5. Prisage des Vins PRisage des Vins mention eÌ„ le Stat. 1 H. 8. c. 5. est uÌ„ custome ê‘ que le Roy hors chesc ' Barke lade ove Vine south 40 Tun claime d' aver deux Tun a son prise demesne Privie ou Privities PRivie ou Privities est lou un Lease est fait a tener a volunt pÌ„ ans pÌ„ vie ou un Feoffment en fee en divers auters cases ore ê‘ cause â— ceo que a â— passe ê‘enter ceux parties ils sont appellus Privies en respect de strangers ê‘enter queux nul tiel conveyances ad estre Auxy si soit Seignior Tenant le Tenant tient del Seignior per certaine Service il y ad un Privitie perenter eux ê‘ cause 〈◊〉 Tenure si le Tenant soit disseise ê‘ un estranger il ad nul Privitie perenter le Disseisor le Seignior mes le Privitie uncore demurt perenter le Seignior le Tenant que est disseisie le Seignior avowra sur luy pÌ„ ceo que il est son Tenant en droit en le judgment del Ley. Privies sont en divers sorts come nosment Privies en Estate Privies en Fait Privies en Ley Privies en Droit Privies en Sanke Privies en Estate est lou un Lease est fait del Mannor de Dale al A pÌ„ vie le Remaind ' al B en see la A B sont Privies en Estate car lour Estates fuerÌ„ faits ambideux al un temps Et issint est en le primÌ„ case cy ou un Lease est fait al volunt pur vie ou ans ou un Feoffment en fee les Lessees ou Feoffees soÌ„t appels Privies en Estate issint sont lour Heirs c. Privies en Fait est lou un Lease est fait pur vie apÌ„s ê‘ un auter Fait le Reversion est grant al un stranger en fee cest Grantee del Reversion est appel Privie en Fait pur ceo que il
the shadow of the Officer and doth all things in the name of the Officer himself and nothing in his own name and for which his Grantor shall answer and where an Officer hath power to make Assigns he may implicitely make Deputies for He that may do more it ought not to be held unlawful for him to do less and therefore when an Office is granted to one and to his heirs by this he may make Assigns and by consequence he may make Deputies The King by his Letters Pattents commits to the Sheriff the Custody of the County without express words of making Deputy and yet he may make an Vnder Sheriff viz. his Deputy So where before the Statute of Quia emptores terrarum the King or other Lord had given Lands to a Knight to hold of him by Knights Service that is to go with his Lord when the King makes a Voyage Royal to subdue his enemies for 40 days well and conveniently arrayed for the War yet he may find another able person howbeit in the one case it concerns the publick Administration and execution of Iustice in time of Peace and in the other the publick defence of the Realm in time of War See Cok. l. 9. Le Countee de Salops Case Dereine DEreine is taken in divers senses and seems to come from the French Disarrayer that is to confound or put out of order or else the Norman word Desrene which is the denial of a mans own act and Lex Deraisnia was the Proof of a thing which one denies to be done by himself and his adversary affirms it defeating and confounding the assertion of his adversary and shewing it to be without and against reason or probability And in our Law it is diversly used First generally to prove as Dirationabit jus suum haeres propinquior Glanvile l. 2. c. 6. and he l. 4 c. 6. saith Habeo probos homines qui viderunt audiverunt parati sunt hoc dirationare In the same manner Bracton uses it Habeo sufficientem Disratiocinationem probationem By the Statute of 31 H. 8. cap. 1. Ioyntenants and Tenants in common shall have Aid to the intent to deraigne the Garranty paramount So Plo. in Manxels Case fol. 7. b. hath this Case If a man hath an Estate in fee with Warranty and enfeoffs a stranger with Warranty and dies and the Feoffee vouches his Heir the Heir shall deraigne the first Warranty Also this word is used when Religious men forsake their Orders and Professions as in Kitch fol. 152. b. if a man makes a Lease for life upon condition that if the Lessor dies without issue then the Lessee shall have Fee the Lessee enters in Religion and then the Lessor dies without issue and after the Lessee is deraigned he shall not have Fee insomuch as at the time of the Condition the Fee cannot vast in him De son tort demesne DE son tort demesne seem to be certain words of form in an Action of Trespasse used by way of Reply to the Plea of the Defendant As if A sues B in an Action of Trespasse and B answers for himself that he did this which A calls Trespass by the commandment of C his Master A saith again that B did this of his own wrong without that that C commanded him in such manner and form c. Debt DEbt is a Writ that lies where any summ of money is due to a man by reason of Account Bargain Contract Obligation or other Especialty to be paid at a certain day which is not paid then he shall have this Writ But if any money be due to any Lord by his Tenant for any Rent-service the Lord shall never have Action of Debt for that but he must distrain for it Also for Rent-charge or Rent-seek which any man hath for life in tail or in see he shall not have any Action of Debt as long as the Rent continues but his Executors may have an Action of Debt for the Arrearages due in the life of their Testator by the Statute 32 H. 8. c. 37. For Arrearages of Rent reserved upon a Lease for term of years the Lessor is at his election to have an Action of Debt or to distrain but if the Lease be determined then he shall not distrain after for that Rent but he must have an Action of Debt for the Arrerages And note That by the Law of the Realm Debt is only taken to arise upon some Contract or Penalty imposed upon some Statute or pain and not by other Offences as in the Civil Law Debitum ex delicto If a man enter into a Tavern to drink and when he hath drank goes away and will not pay the Vintner the Vintner shall not have an Action of Trespass against him for his Entry but shall have an Action of Debt for the Wine If I deliver Cloth to a Tailor to make a Gown if the price be not agreed on in certain before how much I shall pay for the making he shall not have against me a general Action of Debt but a special one and shall declare specially and it shall be put to the Iury how much he deserves But if a Tailor make a Bill and himself rates the making and the necessaries thereunto he shall not have an Action of Debt for his own values unless it was so specially agreed but in such case he may detain the Garment until he be paid as an Hostler may his Guests Horse for his meat Cok. l 8. 147. Also Debt lyeth for Fines of Copyholds and for amerciaments in Court Leet and Court Baron and upon Awards and upon recoveries in base Courts or Courts of Record Detinue DEtinue is a Writ that lies against him who having goods and chattels delivered to him to keep refuses to re-deliver them See hereof F. N. B. 138. Devastaverunt bona Testatoris DEvastaverunt bona Testatoris is when the Executors will deliver Legacies or make restitution for wrongs done by their Testator or pay his Debts due upon Contracts or Specialties whose days of payment are not yet come c. and keep not sufficient in their hands to discharge those Debts upon Records or Specialties which they are compellable by the Law to satisfie in the first place then they shall be constrained to pay these out of their own goods according to the value of what they voluntarily delivered or paid for such irregular and illegal Payments are accounted in the Law a Wasting of the goods of the Testator as much as if they had given them away without cause or sold them and converted them to their own use And therefore if A be bound in a Recognisance or in a Statute Merchant or Staple and after Recovery is had against him in an Action of Debt and he makes his Executors and dies his Executors are bound by the Law to pay the Debt due upon the Recovery although it be later in time before the Debt due by Recognisance or Statute because though
both are Records yet the Iudgment in the Kings Court upon judicial and ordinary proceeding is more notorious and conspicuous and of a more high and eminent degree then a Statute or Recognisance taken in private and by consent of parties and is therefore preferred in judgment of the Law before Recognisance or Statute and if the Executors do not satisfie this first then if they have no goods of the dead in their hands they shall pay it of their own So the Ordinary having goods of one that dies intestate in his hands by Sequestration and an Action of Debt upon an Obligation to the value of the said goods is brought against him as Ordinary he shall not dispose or administer any parcell of the said Goods to the other Creditors at his pleasure but is bound to satisfie the Debt first for which an Action is brought against him Dyer fol. 232. placit 5. If a Sheriff retorne ex officio without inquest that the Executor hath wasted goods the Execution goes de bonis propriis of the Executor and if the retorn be false then the Executor may have an Action upon the Case against the Sheriff for his false retorn because the Executor hath no day to plead But if the Sheriff retorn a devastavit upon an Inquiry by a Iury the Executor may appear and traverse quod non devastavit and try it 1 Cro. Mounson and Bourn Proctor versus Chamberlain Devenerunt DEvenerunt is a Writ directed to the Escheator when any of the Kings Tenants holding in Capite dies and when his son and heir within age and in the Kings custody dies then shall this Writ go forth commanding the Escheator that he by the oath of good and lawful men enquire what Lands or Tenements by the death of the Tenant come to the King c. See Dyer f. 360. pla 4. But see the Stat. 12. Car. 2. cap. 24. Devest DEvest is a word contrary to Invest for as Invest signifies to deliver the possession of a thing so Devest signifies the taking it away Devise DEvise is where a man in his Testament gives or bequeaths his Goods or Lands to another after his decease And where such Devise is made of Goods if the Executors will nor deliver them to the Devisee he hath no remedy by the Common Law but it behoves him to have a Citation against the Executors of the Testator to appear before the Ordinary to shew why he performs not the Will of the Testator for the Devisee may not take the Legacy and serve himself but it must be delivered to him by the Executors See the Stat. 32 H. 8. ca. 1. 34 H. 8. ca. 5. 29 Car. 2. ca. 3. By which last Statute the Law of Testameuts is altered But by the Common Law if a man be sole seised of Lands in fee and devises them by Testament this Devise was void unless the Lands were in City or Borough where Lands are devisable by Custome But if any man were infeoffed to the use of another and his heirs and he to whose use he was so seised did make Devise of his Lands this Devise was good though it were not in a Town where Lands are devisable Also if any man devise Lands in City Town or Borough devisable and the Devisor dies if his Heir or any other abate in the Lands then the Devisee shall have a Writ of Ex gravi querela But this Writ shall never be pleaded before the Kings Iustice but always before the Maior or Bailiffs in the same Town And here to the end to shew how much the Laws of this Realm and the discreet Iudges of the same who are the Interpreters of it do favour Wills and Testaments and Devises in yielding to them such a reasonable construction as they think might best agree with the minds of the dead considering that Wills and Testaments are for the most part and by common intendment made when the Testatour is very sick weak and past all hope of recovery for it is a received opinion in the Countrey amongst most that if a man should chance to be so wise as to make his Will in his good health when he is strong of good memory and hath time and leisure to ask counsell if any doubt were of the Learned that then he should not live long after and therefore they deferre it to such time when it were more convenient to apply themselves to the dispositions of their Souls than of their Lands or Goods except it were that by the fresh memory and recital of them at that time it might be a cause to put them in mind of some of their goods or lands falsly gotten and so move them to restitution c. And at that time the penning of such Wills is commonly committed to the Minister of the Parish or to some other more ignorant who knows not what words are necessary to make an Estate in Fee-simple Fee-tail for term of life or such like besides many other mischiefs I will therefore here set down some of those Cases that are most common in ignorant mens mouths and carry by the wise interpretations of the Judges a larger and more favourable sense in Wills than in Deeds First therefore if one devise to J. S. by his Will all his Lands and Tenements here not only all those Lands that he hath in possession do pass but all those that he hath in Reversion by virtue of those words Tenements And if Lands be devised to a man to have to him for ever or to have to him and his Assigns in these two cases the Devisee shall have a Fee-simple But if it be given by Feoffment in such manner he hath but an Estate for term of life And if a man devise his Land to another to give sell or do therewith at his pleasure or will this is Fee-simple A Devise made to one and to his Heirs males doth make an Estate-tail But if such words be put in a Deed of Feoffment it shall be taken for Fee-simple because it doth not appear of what body the Heirs males shall be begotten If Lands be given by Deed to J. S. and to the Heirs males of his body c. who hath issue a daughter who hath issue a son and dies there the Land shall return to the Donor and the son of the Daughter shall nor have it because he cannot convey himself by Heirs males for his mother is a let thereto But otherwise it is of such a Devise for there the son of the daughter shall have it rather then the Will shall be void If one devise to an Infant in his mothers belly it is a good Devise but otherwise by Feoffment Grant or Gift for in those cases there ought to be one of ability to take presently or otherwise it is void See 14. El. Dy. 304. A Devise made in Fee-simple without expresse words of Heirs is good in Fee-simple But if a Devise be made to J. N. he