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
appiert in le Record que est ascun matter apparaÌ„t pur que le Brief doit estre abate donque le Defendant ou ascÌ„ auter person ut amicus Curiae poiet bien plede monstre ceo in Arrest de Judgment Veies les titles de Brief Misnosmer Variance en les Abridgements le Livre appel Les Digests del Briefs en queux cest matter especialment est fort bien entreat Sont auxi auters matters queux abate stay actions Briefs cestaseavour Variance ent ' Brief Count. Si le Plaintiff soit Alien Enemy Titulo Alien Pur default de nosmer le Defendant de quel Vil ou Trade ou degree il est ou le Suit est per Brief Que le Feme Plaintiff est covert devant ou pendant la Suit Que le Plaintiff ad auter Action pendant pur mesme le cause Que le Brie â— est date devant le Action accrue Pur ceo que le â—â— fendant doit estre sue euauter Court de quel il est Attorney ou Officer Pur ceo que la ter ' est ancient demesne Que le matt ' en Suit fuit fait sur le haut mere en quel case l' Admiral ad Jurisdiction Ceux cases suisdits n' abate le Brief ou Action mes suspend le prosecution pur temps Si le Plaintiff en Action personel soit utlage ou convict de Recusancy o â— excomenge Sur Scire facias versus Ter-tenants pur debt plea que sont auters Tenant queux ouÌ„t terrs liable a mesme le debt queux ne sont return siay proceeding tanque sont auxi return Causes de Abatement de Brief ou Plaint Fault de sufficient ou bone matter Le matter nest certainment alledge Plaintiff Defendant ou Lieu. misnosme Variance enter Brief Specialty ou Record Uncertainty del Brief Count ou Declaration Mort Plaintiff ou Defendant Abatement en Terres ABatement en Terres ou Tenements est quant un hom ' morust seisie de ter ' ou Tenements un que nad droit entra en mesmes devaÌ„t le Heir cest Entry d'luy est appel un Abatement il un Abator Mes si le Heir enter primes apres le mort de son Ancestor le auter enter sur le possession del Heir cest dernier entry estun disseism al Heir Vide livre de Entries fol. 63. c. 205. d. 519. c. lou cest AbatmeÌ„t est appel en Latin Intrusio Et jeo extend destre melius d' appel ceo en Latin Interpositio ou Intratio per interpositionem de fair difference enter ceo parol Intrusion puis le mort de le Tenant pur vie Abbe ABbe fuit le Sovereign Teste ou Principale de ceux Measons queux quant ils estoient fueroÌ„t appel Abbeys cest Abbe ove les Moigns de mesme le Meason queux fueront appel le Covent fiere un Corporal ' Et tiel Soveraign de ascun tiel Meason ne serra charge pur le Act de son Predecessor sil ne soit per common Seal â— e pur tiel chose que vient al use de son Meason Auxy uÌ„ Abbe ne serra charge pur le det en que son Commoign fuit en det devant son entre en Religion mesque le Creditor ad de ceo un especialty si non que il avoit devenus al use d' son Meason mes les Executors del Commoigne serra charge ove ceo Vide que ceo en le Abridgment mesme title desouth quel veies coment ascuns de ceux fueront elective ascuns presentative coment fueront Prefects lour authority Et en cel title sont auxy comprehend touts auters Corporations Spiritual come Prior son Covent Friers Canons Dean Chapter Abettors ABettors sont in divers cases diversment prise Un kind de Abbetters sont ceux que maliciousment sans droit cause ou desert procur ' aut ' de suer faux Appeals de Murder ou Felony envers homes al entent de troubler griever eux pur fair eux en infamy slander Abettors en Murd ' sont ceux que command procur ' counsel ou comfort aut ' de Murder Et en ascun case tiel Abettors serront prise come Principals en ascun case forsque come Accessories Issint en auter Felonies Et lour presence a le chose fait lour absence d'la fuit uÌ„ difference en le case Il y ad Abettors auxy en Treason mes ils sont come Principals car en Treason il ny ad ascun Accessories Vies pluis de ceo en le Livre appelle Les Pleas del Co â— one compile per le tres reverend Judge Sir W. Stamf. en les titles de Accessor â— es Damages en appeal Abeyance ABeyance est quant un Lease est fait pur Term de vie le Remainder al droit Heirs de J. S. que est en vie al temps del Grant ore Per cest Grant le Remainder passa hors del Grantor maintenaÌ„t unc ' il ne vesta maintenant ne prist effect en le Grantee cest a dire le droit Heir d' J S. mes est dit destre en abeyance cu come les Logiciens appelle ceo in potentia ou in intellectu come nous dicimus in nubibus cestascavoir en le consideration de Ley Que si J. S. morust ayant un droit Heir en vie vivant le Lessee pur vie donques ceo est un bone Remainder a ore veste vient en le dit droit Heir en tiel sort que il poit grant forfeit ou auterment dispose ceo cessa destre ore en abeyance pur ceo que il est un a ore de ability pur preÌ„der ceo pur ceo que J. S. est mort ad relinquish un droit Heir en vie le quel ne poit estre vivant J. S. car durant son vie nul poit ê“ê‘meÌ„t eeÌ„ dit son Heir Item si un hom ' soit patron dun Esglis present aut ' a ceo or est le Fees des ter ' ou TenemÌ„ts perteignant al Rectory en le Parson mes si le Parson morust le Esglise est devenus void donque est le Fee en abeyance tanque il soit un novel Parson present admit induct car le Patron nad le Fee mes solement le droit de presenter le Fee est en le Incumbent que est present puis son mort il nest en ascun mes en Abeyance tanque il soit un novel Incumbent come est avant dit Vies Litt ' Lib 3. c. 11. fo 145. Perk. fo 12. Abishersing ABishersing en ascun Copies Mishersing est quiet ' esse de Amerciamentis coram quibuscunque de Transgressione probata Abjuration ABjuration est un Serement
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
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
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
Lessee pays the Rent to the Lessor and he receives it and puts it in his purse and afterwards upon review of it at the same time he finds that he hath received some counterfeit pieces aud thereupon refuses to take away the Money but re-enters for the Condition broken there his Entry is not lawful for when he hath accepted the Money this was at his peril and after this allowance he shall not take exception to any of it Collateral COllateral is that which comes in or adheres to the side of any thing as Collateral Assurance is that which is made over and beside the Deed it self For example if a man covenants with another and enters Bond for the performance the Bond is called Collateral Assurance because it is external and without the nature and essence of the Covenant And Crompton fol. 185. saith that to be subject to feeding the Kings Deer is collateral to the soil within the Forest In like manner we may say that the liberty to pitch Sheds or Standing for a Fair in the soil of another man is collateral to the land The private Woods of a common person within the Forest cannot be cut down without the Kings license for it is a Prerogative collateral to the soil Man part 1. pag. 66. Collateral Warranty See tit Warrantie Collation COllation is properly the bestowing of a Benefice by the Bishop that hath it in his own Gift or Patronage and differs from Institution in this for that Institution into a Benefice is performed by the Bishop at the motion and Presentation of another who is Patron of the same Church or hath the Patrons right for that time Yet Collation is used for Presentation in 25 E. 3. Stat. 6. and there is a Writ in the Regist 31. b. called De Collatione facta uni post mortem alterius c. directed by the Iustices of the Common Pleas commanding them to direct their Writ to the Bishop for the admitting a Clerk in the place of another presented by the King who during the Suit between the King and the Bishops Clerk deceased for judgment once passed for the Kings Clerk and he dying before he be admitted the King may give his Presentation to another Collusion COllusion is where an action is brought against another by his own agreement if the Plaintiff recover then such Recovery is called by Collusion And in some cases the Collusion shall be enquired of as in Quare impedit and Assise and such like which any Corporation or Body politick brings against another to the intent to have the Land or Advowson whereof the Writ is brought in Mortmain But in Avowry nor in any Action personal the Collusion shall not be inquired See the Stat. of Westm 2. c. 32. which gives the Quale jus and enquiry in such cases Colour COlour is feigned matter which the Defendant or Tenant uses in his barre when an Action of Trespass or an Assise is brought against him in which he gives the Demandant or Plaintiff a Shew at first sight that he hath good cause of Action where in truth it is no just cause but only a Colour and Face of a cause and it is used to the intent that the determination of the Action should be by the Iudges and not by an ignorant Iury of twelve men And therefore a Colour ought to be a matter in Law doubtfull to the common people As for example A. brings and Assise of land against B. and B. saith he himself did let the same land to one C. for term of life and afterward did grant the Reversion to A. the Demandant and after C. the Tenant for term of life died after whose decease A. the Demandant claiming the Reversion by force of the Grant whereto C. the Tenant for life did never atturn entred upon whom B. entred against whom A. for that Entry brings this Assise c. This is a good Colour because the common people think the land will pass by the Grant without Atturnment where indeed it will not pass c. Also in an Action of Trespass Colour must be given of which there are an infinite number one forexample In an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith that before the Plaintiff had any thing in them he himself was possessed of them as of his proper goods and delivered them to A. B. to deliver them to him again when c. and A. B. gave them unto the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and and the Defendant took them from the Plaintiff whereupon the Plaintiff brings an Action that is a good Colour and a good Plea See more hereof in Doctor and Student l. 2. c. 13. Colour is for this cause viz. where the Defendant justifies by title in trespass or Assize if he do not give the Plaintiff Colour his plea amounteth only to not guilty for if the Defendant hath title he is not guilty 1 Co. 79. 108. Colour of Office COlour of Office is always taken in the worst part and signifies an act evilly done by the countenance of an Office and it bears a dissembling face of the right of the Office whereas the Office is but a vail to the falshood and the thing is grounded upon vice and the Office is as a shadow to it But by reason of the Office and by virtute of the Office are taken always in the best part and where the Office is the just cause of the thing and the thing is pursuing the Office Plo. in Dive Man case sol 64. a. Combat COmbat in our ancient Law was a formal Trial of a doubtful Cause or quarrel by the Sword or Bastons of two Champions See Glanvile l. 14. c. 1. Britton c. 22. and Dyer fol. 301. num 41. Commandment COmmandment is taken in divers significations sometimes for the Commandment of the King when by his mere motion and from his own mouth he casts any man into prison Stamf. Plac. Coron fol. 72. or of the Iustices And this Commandment of the Iustices is either absolute or ordinary Absolute as when upon their own authority or wisdom and discretion they commit any man to prison for a punishment Ordinary is when they commit one rather to be safely kept then for punishmenr and a man committed by such ordinary Commandment is bailable Placit Cor. fol. 73. Commandment is again used for the offence of him that wills another man to transgresse the Law or to do any such thing as is contrary to the Law as Murther Theft or such like Bract. l. 3. tract 2. c. 19. The Civilians call this Commandment Angelus de maleficiis Commendrie COmmandrie was the name of a Manor or chief Messuage with which Lands or Tenements were used belonging to the late Priory of S. John of Jerusalem untill they were given to King Henry the eighth by Statute made in the 32 year of his reign And he who
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
of 13 R. 2. cap. 2. and 1 H. 4. c. 7. 14. the Marshal of the Kings House of whom you may read F. N. B. f. 241. B. and in the Statute of Artic. sup Chart. c. 3. 18 E. 3. c. 7. 2 H. 4. c. 23. 15 H 6. c. 1. and others There are also other inferior Marshals mentioned in our Books as the Marshal of the Kings Bench in the Statute of 5 E. 3. c. 8. and F. N. B. f. 251. l. who hath the custody of all the Prisoners of that Court and the Marshal of the Exchequer mentioned in the Statute of 51 H. 3. Stat. 5. called the Statute of the Exchequer Marshal is a French word and is as much to say as Master of the Horse for it seems to come of the German Marschalk which hath that signification Marshalsea MArshalsea is the Court or Seat of the Marshal of the Kings House of which you may read at large in Coke l. 6. f. 20. B. l. 10. f. 68. B. It is also taken for the Prison belonging to the Court of the Kings Bench of which the Marshal of that Court is the Keeper for so are the forms of the Bills there that A complains of B in the custody of the Marshal of the Marshalsea of our Lord the King c. Maugre MAugre is a word compound of two French words Mal and Gree so that it is as much as to say with an unwilling mind or in despight of another And so it is used in Littleton sect 672. where it is said that the Husband and Wife shall be remitted maugre the Husband that is in despight or against the will of the Husband Maximes MAximes are the Foundations of the Law and the Conclusions of Reason and are Causes efficient and certain universal Propositions so sure and perfect that they may not be at any time Impeached or Impugned but ought always to be observed and holden as strong Principles and Authorities of themselves although they cannot be proved by force of Argument or Demonstrations Logical but are known by Induction by the way of Sense and Memory For example it is a Maxime that If a man have Issue two Sons by divers women and the one purchases Lands in Fee and dies without issue the other shall never be his Heir c. And it is another Maxime that Lands shall discend from the Father to the Son but not from the Son to the Father for that is an Ascension c. And divers such there are whereof see Doctor and Student Maynour MAynour is when a Thief hath stollen and is followed with Hue and Cry and taken having that found about him which he stole that is called Maynour And so we commonly use to say when we find one doing of an unlawful act that we took him with the maynour or manner Meane MEane See Mesne Mease MEase or Messuage seems to come from the French word Maison or Mansion which is no other but a Place of abiding or habitation And yet Messuage in our Law contains more then the very place of habitation for a House and a Messuage differ in that a House cannot be intended other then the matter of Building but a Messuage shall be said all the Mansion-place and the Curtelage shall be taken as parcel of the Messuage 20 H. 7. Keloway fol. 57. a. And by the name of a Messuage the Garden and Curtelage shall pass Plowden fol. 171. a. Measondue MEasondue is an Appellation of divers Hospitals in this Kingdom which are so named Anno 2 3 P. M. cap. 23. 15 Car. 2. c. 7. And it comes of the French Maison de Dieu and is no more but Gods House in English Medietas Linguae MEdietas Linguae is an Inquest Impannelled upon any cause whereof the one half is of Denizens the other Strangers and it is used in Pleas between parties whereof one is a Denizen and the other a Stranger And this manner of Trial was first given by the Statute of 27 E. 3. Stat. 2. cap. 8. And by the Statute of 28 E. 3. c. 13. it was granted in cases where the King himself was party with an Alien Melius inquirendo MElius inquirendo is a Writ directed to the Escheator for a second Inquiry to be made when there is any doubt made of partiality in an Inquiry made upon a Diem clausit extremum after the death of the Kings Tenant See F. N. B. f. 255. C. Merchenlage MErchenlage is one of those three Laws out of which William the Conqueror framed our Common Laws with a mixture of the Laws of Normandy And it was the Law of the Mercians when they had the Government of the third part of this Realm Mesnalty MEsnalty is the right of the Mesne as the Mesnalty is extinct Old Nat. Br. f. 44. Mesne MEsne is where the Owner of Lands or Tenements holds of one by certain Services and he holds them of another by like or other Services then he who holds the Lands is called Tenant paravail and he of whom it is held is called Mesne and he of whom the Mesue holds is called chief Lord or Lord Paramount And in this case if the Lord above distrains the Tenant for the Service of the Mesne who ought to aequit him to the chief Lord then the Tenant shall have a Writ of Mesne so called against the Mesne and if he acquit not the Tenant then the Mesne shall lose the Service of the Tenant and shall be forejudged of his Seigniory and the Tenant shall be immediate Tenant to the chief Lord and shall do him the same Service and Suits as the Mesne did Messuage MEssuage See Mease Metropolitane MEtropolitane signifies the Arch-bishops of whom Centerbury is stiled Totius Angliae Primas Metropol And York the like Title without the word Totius Miscreant MIscreant is one who is perverted to Heresie or a faise Religion Bro. Presentation 54. Mise MIse is a French word and signifies as much as Expensum in Latine and it is so ordinarily used in the Entries of Iudgments in Personal Actions when the Plaintiff recovers the Entry is that Recuperet damna sua to such a value and pro misis custagis for Costs and Charges so much There is also another acception or signification of this word in the Law where it is taken for the Issue to be tried by Battail of Grand Assise And so it is used in Littleton sect 478. 482. and divers others where joyning of the Mise upon the meer right is putting it in Issue who hath the best or clearest right Misericordia MIsericordia is used in the Common Law for an Amerciament or Mulct set upon any for an offence as where the Plaintiff or Defendant in any Action are amerced the Entry is always Ideo in misericordia c. And it is therefore called Misericordia as Fitzh says N. B. fol. 75. H. for that it should be but small and less then the fault and saving his Contenement as
hath or might have against him Bracton l. 5. tract 5. ca. 9. nu 9. Quo jure QUo jure is a Writ that lies where a man hath had Common of Pasture in anothers Several within the time of memory then he to whom the Several belongs shall have this Writ to charge him to shew by what Title he claims the Common Quo minus QUo minus is a Writ that lies where a man hath granted to another Housebote and Heybote in his wood and the Grantor makes such waste and destruction that the Grantee cannot have his reasonable Estovers then the Grantee shall have the aforesaid Writ which is in nature of a Writ of Waste And note that Housebote is certain Estovers to mend the House and Heybote certain Estovers to mend Heyes and Hedges There is another Writ called a Quo â— inus in the Exchequer which any Termor or Debtor to the king shall have against any other for Debt or Trespass in the Excheques Office called the Common Pleas by which the Plaintiff shall surmise that for the wrong which the Defendant doth him he is less able to pay the King his Debt or Term which is surmised to give Iurisdiction to the Court of Exchequer to hear and determine the cause of the Suit between them which otherwise should be determined in another Court Quo warranto QUo warranto is a Writ that lies where a man usurps to have any Franchise upon the King then the King shall have this Writ to make him come before his Iustices to shew by what Title he claims such Franchise Quod ei deforceat QUod ei deforceat is a Writ that lies where Tenant in Tail Tenant in Dower or Tenant for Life loses by Default in any Action then he shall have this Writ against him that recovers or against his Heir if he think he hath better right than he who recovered See the Statute West 2. cap. 4. Quod permittat QUod permittat is a Writ that lies where a man is disseised of his Common of Pasture and the Disseisor aliens or dies seised and his Heir enters then if the Disseisee die his Heir shall have this Writ Quod permittat Habere Chiminum Rast Entr. 538. Co. Entr. 526. Estoverium turbarum F. N. B. 124. Passagium ê‘ aquam Rast Entr. 538. Liberam chaceam 2 Institut 654. Liberum raurum F. N. B. 124. Liberam faldam Ibid. 6. E. 4. 1. Liberam piscar c. Ibidem Prosternere Domum murum sepem 5 Coke 100. Ripam c. 9 Coke 53. R. Ran. RAn signifies so open a Spoiling of a man that it cannot be denied Lambert Arch. fol. 125. Ranger RAnger comes from the French word Rang that is Ordo vel Series and signifies an Officer of the Forrest that is appointed to walk every day through the Purlieu whereof he is Ranger to drive back the wilde Beasts into the Forrest again to see hear and inquire of Offenders there and to present their Offences See Manwood cap. 20. fol. 185. c. Ransome RAnsome signifies properly the Sum that is paid for the redeeming of one that is taken Captive in War But it is also for a Sum of money paid for the pardoning of some great Offence as in the Statute of 1 H. 4. cap. 7. and in other Statutes Fine and Ransome going together 23 H. 8. cap. 3. and elsewhere Rape RApe hath two significations The first is when it is taken for part of a County as Sussex is divided into six parts which by a peculiar name are called Rapes Cambd. Britan. pag. 225. and these parts in other Countries are called Hundreds Tithings Lathes or Wapentakes In the other sense it is the violent Deflouring a Woman against her will and this offence is Felony as well in the Principal as in his Aidors See 11 H. 4. c. 13. 1 Ed. 4. c. 1. West 2. c. 13. CroÌ„pt Just of Peace f. 43 44. Rationabili parte bonorum RAtionabili parte bonorum is a Writ that lies for the Wife against the Executors of her Husband to have the third part of his Goods after Debts paid and Funeral expences discharged But whether this Writ lies by the Common Law or only by the Custom of some Countries is a question in our Books See F. N. B. fol. 122. L. Rationabilibus divisis RAtionabilibus divisis is a Writ that lies where there are two Lordships in divers towns and one nigh the other and any parcel of one Lordship or Waste hath been incroched by little parcels then the said Lord from whom the parcel of Ground or Waste hath been incroched shall have this Writ against the Lord that hath so incroched Ravishment de Gard. RAvishment de Gard is a Writ that lies for the Gardian by Knights Service or in Soccage against him that takes from him the Body of his Ward And of this see F. N. B. fol. 140. E. c. Rebutter REbut â— er is when one by Deed or Fine grants to warrant any Land or Hereditament to another and he who made the Warranty or his Heir s â— es him to whom the Warranty is made or his Heir or Assignee for the same thing now if he who is so sued pleads the said Deed or Fine with Warranty and demands Iudgment if the Plaintiff shall be received to demand the thing which he ought to warrant against that Warranty by Fine or Deed aforesaid comprehending such Warranty such Pleading of the Warranty is called a Rebutter This word is also a denomination of a Plea which followeth a Rejoynder And after the Rebutter followeth the Surrebutter See Cokes Entries fol. 284. Recaption REcaption is a second Distress of one former distrained for the self-same cause and that during the Plea grounded upon the former Distress It is also the name of the Writ or Remedy that the Law gives him who is thus twice distrained for one thing the form and use of which Writ you may see in Fitz. N. B. fol. 71. E. c. Recluse REcluse is one that by reason of his Order in Religion may not stir or depart out of his House or Cloister And of such Littleton speaks sect 434. Recognizance REcognizance is an Obligation made before a Master of the Court of Chancery for a Debt or to perform Covenants or an Order or Decree of the Court upon which an Extent issues if the Condition be not performed But no Capias lies upon it against the Cognizors or his Executors Quaere vide 2 Len. 84. Recordare REcordare is a Writ directed to the Sheriff to remove a Cause out of an inferior Court as a Court of Ancient Demesne Hundred Court or County Court into the Kings Bench or Common Pleas. And of this see Fitz. N. B. fol. 70. B. Record REcord is a Writing or Parchment wherein are Enrolled Pleas of Land or Common Pleas Deeds or Criminal Proceedings in any Court of Record But in Courts not of Record as Admiralty Courts Christian Courts Baron c. Their
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
Contempt tort quant il est Justice l' Evesque maundera ses Letters al Roy certificant ceo donques serra maunde al Visc ' de luy deliver per un Brief appel Excommunicato deliberando Veies le Statute 5 Eliz. cap. 23. Excommunication EXcommunication Veies Excommengement Execution EXecution est lou Judgement est done en ascun Action que le Plaintife recovera le Tre le Det ou Dammages come le case est quant asc ' Bri â— f est agard de luy mitter en possession ou â— faire ascun chose per que le Plaintife serra le mieux satisfie son Det ou DamÌ„ages ceo est appel Brief d' Execution quant il ad le Possession de le Terre ou est pay le Det ou Dammages ou ad le Corps le Defendant agard al prison donques il ad Execution Et si le Plee soit en Countie ou Court-Baron ou Hundred ils delaiont l'Execution del JudgmÌ„t en favour de partie ou pÌ„ auter encheason le Demandant avera Brief De Executione Judicii Nota que en Brief de Det home navera Recoverie de nul Terre mes de ceux que le Defendant avoit jour de Judgment rendue Et de Chateux home avera Execution solement des Chateux queux il avoit jour d' Execution sue Executione facienda EXecutione f â— cienda est un Brief commandant Execution d'un Judgment le divers uses de quel veies en le Table de Reg. judic Executor EXecutor est quant un hoÌ„e fait son Testament darreine Volunt en ceo nosma le person que executera son Testament il est son Executor est a tant en le Civil-Ley come Haeres designatus vel Testamentarius come al Det Biens Chattels son Testator tiei Executor avera Action vers chescun Dettor de son Testator si l' Executor ad Assers chescun a que le Testator fuit indett avera Action vers l' Executor si ad Obligation ou Especialtie mes en chescuÌ„ case lou le Testat ' puissoit gager son Ley nul Action gist vers Executor Veres pluis de ceo devaÌ„t Titulo Administrators Etsi ascun aut ' person nieÌ„t fait Executor prist ou vend les biens del mort pÌ„ estre fue coÌ„e Executor de son tort en mesme le forme come auters Executors Vide Stat. 30 Car. 2. cap. 7. Exemplification EXemplification est ou hoÌ„e vo â— le aver asc ' O â— iginal Record transcript exemplifie hors del Court lou il remaine a quel purpose il poit aver un Brief come appiert ê‘ le Reg. orig fol. 290. Et si hoÌ„e voile leader un Record en auter Court q' ceo lou il remainÌ„ il covient a luy d'aver exemeplifie south le Grand Seale d' Angleterre car sil soit exemplifie south le Seale 〈◊〉 ComÌ„on Banke Excheq ' ou tiels semblables ceo ne servera forsê‘ eÌ„ Evidence al Jurie Veies Coke l. 5. f. 53. Veies le Stat. 13 Eliz. cap. 6. 23 El. 3. le force use d' Exemplifications de Patents c. Exemption EXemption est un privilege destre Franke de Service ou A â—â— arance pÌ„ ceo un Baron Baronesse ê‘ reason de lour Dignitie sont exempts destre jure sur asc ' Enques â— Coke l. 6. f. 53. Aux ' Chivalers Clerks Femes sont exempts d' appearer al Leets ou Tourne del Visc ' Et ceo est ê‘ le Statute de Marlebridge c. 10. Et home poit estre exempt destre mis sur Enquests ou Juries per les Letters Patents le Roy come le President Colledge ou Communaltie de Physicians eÌ„ Londres fueront ê‘ les Letters Patents del Roy H. 8. Coke l. 8. f 108. Ex gravi querela EX gravi querela Veies devant Tit. Devise Exigent EXigent est un BrÌ„e qÌ„ gist lo â— hoÌ„â— sue Action personal le Defendant ne â— oit este trove ne ad â— iens deins le Countie ê‘ que il puit este attach ou distreine donques cest Brief issera al Viscount de faire ProclamatioÌ„ al cinq ' Counties chescun apres auter que il appeare ou autermÌ„t il serra utlage si soit utlage donques touts ses biens chateux sont forfeits al Roy. En un Endictment de Felonie l' Exigent issera apres le primer Capias Et en Capias ad computandum ou ad satisfaciendum en chescun Capias que issist apres Judgment l' Exigent issera apres le primer Capias Et auxy en Appeal de Mort mes nemy en Appeal de Robberie ou Mayhem Ove ceo Exigent issuist un brÌ„e per le Stat. 13 El. cap. 3. a fait trois Proclamations envers le Defendant quel n' est en exigents puis Judgment Exigenter Exigenter est uÌ„ Officer del CoÌ„mon Plees 〈◊〉 ceux sont quarre Ils font touts Exigents Proclamations en touts Actions eÌ„ queux ê“ces d' Utlagarie gist Et ils font BrÌ„es de Supersedeas cybyen come les Protonotaries sur tiels Exigents come fueront faits en lour Office Et â— cest Officer mention est fait en les Statutes 〈◊〉 10 H. 6. c. 4. 18 H. 6. c. 9. Ex mero motu EX mero motu sont parols usualmÌ„t mis eÌ„ les Charters le Roy per qÌ„ux il implie que il fait ceo qÌ„ est conteine en le Charter de son volunt motion demesne sans Prier ou Suggestion fait per ascun auter Et l' effect de ceux parols est d'ou â— er touts Exceptions q' poieroÌ„t este prise al Instrument en que ils sont conteinus ê‘ alledger que le Roy en donont de c ' Charter fuit abuse ê‘ ascun faux Allegation Kitcb f. 151. Et quant uÌ„ Charter le Roy ad eÌ„ ceo ceux parols il serra prise pluis fortment vers le Roy pÌ„ que si le Roy pardon a B touts â— es Dets ex mero motu touts Dets que B doit coÌ„e Viscount sont ê‘ ceo pardon en mesme le manner est en plusors auters cases lou ceux â— arols serra prise cy fort vers le Roy coÌ„e si un Common ê‘son ad fait le Graunt Veies Coke l. 1. f. 45. Ex parte talis EX parte talis Veies devant Tit. Account Expeditate EXpeditate est un ê‘ol piusors foits use eÌ„ le Forrest impliant de pren â— hors les Balls des pees de graÌ„d ChieÌ„s pur le preservation de Sporte l' Roy. Et un des Articles destre enquire concernant le Forrest est Si touts grand Chiens ou Mastives deins le Forrest sont expeditate accordaÌ„t al Leys del Forrest si ascuns ne sont l' Owner de chesc
TerrÌ„ implia le Quart part â— uÌ„ Acre Crompt Jurisd fol. 220. b. Quadrantata terrae est lie en le Regist orig fol. 1. b. lou vous aves auxy Denariata Obolata Solidata Librata terrae que per probabilitie surderoit en proportion de quantitie de Fardengdeal come un Male Denier Soulz ou Liver surdont en value estimation donque Obolata est un Demy Acre Denariata l' Acre Solidata Douze Acres Librata Douze score Acres UncorÌ„ eÌ„ l' Reg. orig fol. 94. 248. vous poyes trove viginti Libratas terrae vel reditus ê‘ qÌ„ il semble que Librata terrae est tant que dona vigint soulx per l' an centum Solidatas terrarum tenementorum redituum fol. 249. Et en F. N. B. fol. 87. la sont ceux parols Viginti Libratas terrae vel reditus que prova ceo destre tant Terre coÌ„e est rate al vigint soulz ê‘ l' an Veies Furlong Farme ou Ferme FArme ou Ferme est usualment le chief Messuage eÌ„ uÌ„ Village ou Town a que apertinent graÌ„d Demeans de touts sorts ad este use destre lesse pur terme de vie ans ou a volunt Le Rent que est reserve sur tiel Lease ou semble est appelle Farme ou Ferme Et Farmour ou Fermour est celuy que occupia le Farme ou Ferme ou est Lessee de ceo Auxy genÌ„almÌ„t chesc ' Lessee pÌ„ vie ans ou al volunt est appel Farmour ou Fermour Et nota Que ils sont appelles Farmes ou Fermes del Saxon parol Feormian que signifie pur feed ou rend Victuall Car en ancient temps lour Reservations fueront cybien en Victual come Argent tanque al darreinÌ„ ceo â— rincipalmÌ„t eÌ„ le teÌ„ps de Roy H. 1. per agreemÌ„t le Reservation de Victuals fuit convert en redie Argent issint uncore ad continue ent ' plusors homes Fate ou Fatt FAne ou Fatt est un Measure mention en les Statutes de 1 H. 5. cap. 10. 11 H. 6. cap. 8. pur conteiner huict Boisseaus mes les Citizens Merchants de Londres comÌ„ appiert ê‘ ceux Statutes les Purveiors le Roy voilont aver ceo Measure un Boissean ouster pur un Quartier issint il avoient neufe Boisteaus pur un Quartier de Blee Faux Imprisonment FAux Imprisonment est un Brief que gift lou home est arrest restraine de son Libertie per un auter encounter Order de Ley donques il avera vers luy cest Brief per que il recovera Dammages Veies pluis de ceo devant tit Arrest Faux Judgment FAux Judgment Veies de ceo devant tit Error Fealty FEaltie est un Service appelle en Latine Fidelitas serra fait en tiel manner cestascovoire le TenÌ„t tiendrÌ„ la mamÌ„ dextre sur un Livre dirra a son SnÌ„r Jeo a vous serra foyal loyal Foy a vous portera des Tenements que jeo claim de tener de vous verament a vous ferra les Customes Services que fair vous doy al termes assignes Si come moy ayde Dieu basera le Livre mes il ne genulerÌ„ come en fesant Homage Et de ceo veies apres en le Title Homage Auxy Fealty est incident a touts manners de Tenures Fee FEE Feodum est en nostre Ley vox aequivoca des divers significations car est plus communement prise pur un Estate del inheritance en Terres ou Tenements al un ses heires ou al un les heirs 〈◊〉 son corps Mes est use auxy pur le Compass Circuit ou Extent 〈◊〉 un Seigniorie ou Mannor Et de ceo venust l' ordinarie Plee eÌ„ Barre al un Avowry Que le Terre sur que il avow est hors de son Fee Et tiercemÌ„t il est prise pur le Reward ou Salarie donÌ„ al uÌ„ pur l' execution de son Office coÌ„e le Fee dun Forrester ou le GardeinÌ„ dun Parke ou le Fee dun Visc ' pur l'server dun Execution come est limit per l'Statute 29 El. c. 4. Et issint est auxy prise pur ceo ConsideratioÌ„ qÌ„ est donÌ„ al un SergeaÌ„t al Ley ou al un Pleader ou un Physitian pur lour Counsel ou advise en lour ê“fession que come est bien observe per Sir J. Davies en son Preface a ses Reports nest ê“permÌ„t Merces forsque Honorarium Mes uncore en le dialect de nrÌ„e Ley c ' est appel son Fee Fee expectant FEE expectant Lou Terres sont donÌ„ al home son feme en Frank-marriage a aver tener al eux lour heires en cest case ont Fee-simple mes si sont donÌ„ a eux les heires de lour corps c. ont Taile Fee expectant Kitch fol. 153. Fee Ferm FEE Ferm est quant un Tenant tient de son Seignior en Fee-simple rendant a luy value del moietie ou de tierce prÌ„t ou auter part Ä‘el Terre ê‘ an Et il que tient en Fee Ferme ne doit payer Relief ou faire auter chose me ficome est conteinÌ„ en le Feoffment forsque Fealtie car c ' appent a touts manners Tenures Fee-simple FEe-simple est quant ascun person tient Terre ou Rent ou auter chose inheritable a luy a ses Heires a touts jours ceux ê‘ols Ses Heires font l'Estate 〈◊〉 inheritaÌ„ce car si Terre soit done a hoÌ„e a touts jours unc ' il nad forsque Estat ' pÌ„ vie Auxy si Tennant en Fee-simple devie son primer Fits serra son Heire mes sil nad Fits donque touts les Files fetront son Heire chescun avera son part ê‘ partl c ' mes sil nad Fits ne File donques son prochein Cousin collateral de l' entire sanke serra son Heire Felo de se FElo de se est il que commit Felony per murdering soy mesme Veies Cromp. Justic de Paix fol. 28. Felonie FElonie est un general terme que comprehend divers heinous Offences pur que l'Offendors dolent suffer mort perder lour Terres Et semble que eux sone appelles Felonies del Latine parol Fel que est en Anglois Gall en Francois Fiel ou del ancient parol Anglois Fell ou Fierce pur ceo que sont entends destrÌ„ faits f â— lleo animo ove fell fierce ou mischievous mind Quant home sans asc ' colour de Ley emblea les biens 〈◊〉 un aut ' amountant al value de xii deniers ou pluis ceo est Larceny mes si un approcha a le Person 〈◊〉 un aut ' en le Haultchimin luy robba de ses biens mesque ils ne sont sorsque al value de un denier il est Felonie ceo
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
de que le parcel de Terre ou le Wast ad este encroche avert cest Brief envers le Seignior que ad issint encroche Ravishment de Gard. RAvishment de Gard est un Brief que gist pur le Gardian en Chivalry ou Soccage vers cestuy que prist de luy le corps son Gard. Et de c ' veies F. N. B. fol. 140. E. c. Rebutter REbutter est quant un per Fait ou Fine grant d' garranter ascun Terre ou HereditameÌ„t a un auter cestuy que fist le Garrantie oy son HeirÌ„ sua celuy a que le Garrantie est fait ou son Heire ou Assignee guee si celuy que issint sue pleade le dit Falt ou Fine ove Garrantie demand Judgement si le Plaintiff serra receive a demander le chose que il doit garrant ' enconter cel Garrantie per le Fait ou Fine avant dit compernant tiel Garrantie tiel Pleader en Garrantie est appelle un Rebutter Cest paroll est auxi un denomination d'un Plea qÌ„ succeed le plea appel surrejoinder puis le Rebutter succeed Surrebutter Queux veies Cokes Entries fol. 284. Recaption REcaption est un second Distresse dun que fuit auterfoits distrein devant pÌ„ mÌ„ le cause c ' durant le Plea ground sur le former Distresse Est auxy le nosme del Brief ou Remedy que le Ley donÌ„ pÌ„ cestuy q' est issint deux foits distrein pÌ„ uÌ„ chose le formÌ„ use 〈◊〉 qÌ„l Br ' poies veier en F. N. B. f. 71. E. c. Recluse REcluse est cestuy que ê‘ le reason de son Order en Religion ne poit mover ou departer hors de son Meason ou Cloister Et dun tiel Littleton parle sect 434. Recognizance REcognizance est un Obligation fait devant un Master del Court de Chauncery pur un Debt ou a performer Covenants ou uu Order ou Decree del Court sur qÌ„ un Elegit issue si les conditions ne sont ê‘forme mes nul Capias sur ceo gist versus le cognisor ou ses Executors Quaere vide 2 Len. 84. Recordare REcordare est un Brief direct al Viscount pÌ„ remover un Cause hors duÌ„ inferior Court comÌ„ Court â— l AncieÌ„t deÌ„esne HuÌ„dred Court ou County Court en Bank le Roy ou Common Bank Et de c'veies F. N. B. f. 70. B. Record REcord est un Esctipt en Parchment ou sont enroll Pleas de Terre ou Common Pleas Faits ou Criminal Proceedings en ascun Court de Record mes en Courts nient de Record come Admiraltie Courts Christian Courts Baron c. lour Registrie de procedure ne sont ê“prement dits Records Mes Courts de Ley teign ê‘ Grant â— l Roy soÌ„t Courts de Record Recovery REcovery est commenmÌ„t intend un common Recocovery ê‘ assent des parties a docker un Entaile est foundue sur un Brief â— entry Auxi chescun judgment est recovery ê‘ les parols Ideo consideratum est quod recuperet Recusants REcusants sont touts ceux queux separate de l'Esglise congregacÌ„on ê‘ Ley Statutes establies en cest Roialm de qÌ„l opinion ou sect lis sont come touts Judges ont ceo expound suê‘ Statute 35 El. cap. 1. divers auters Stat. Redisseisin REdisseisin Veies de ceo devant en le Title de Assise Reextent REextent est un second Extent fait sur Terres ou Tenements sur complaint fait que le prieur Extent fuit partialment performe Broke tit Extent fol. 313. Regarder REgarder venust del Francois Regardeur i. e. Spectator signifie un Officer del Forrest le Roy jure de prender le regard del Vert Venison de veier inquire des touts Offences coÌ„mises deins le Forrest des touts les coÌ„cealmÌ„ts 〈◊〉 eux si touts les Officers del Forrest bien executoÌ„t lour Offices ou nemy Veies Manw. For. Leys c. 21. f. 191. b. Regrator REgrator est ce uy que ad Blees Victuals on auters choses sufficient pur son necessary ops ou expences nient obstant engress achate en ses mains plus Blees Victuals ou auters tielx choses al entent de ven â— cÌ„ arere al un pluis hault chare price en Faires Markets ou tiels semblable lieux de que veies le Stat. 5 E. 6. cap. 14. Il serra punie come Forestaller Rejoynder REjoynder est qnÌ„t le Defendant fait respons al Replication del Plainriff Et chescun Rejoynder doit aver ceux deux properties specialment cestaseavoire il doit estre sufficient Respons ad Replication de subsequent eÌ„force le matter del Barr. Relation RElation est lou en consideration del Ley deux temps ou auters choses sont consideres tielment come si fueront tout un per ceo le chose subsequent est dit de prendr ' son force per relation al temps precedent ' Sicome un deliver un Escript al un destre deliver al auter come Fait cestuy qÌ„ ceo deliver qnÌ„t lauter a que serroit deliver ad pay ascun summe de money ore quant le money est pay l' Escript deliver ceo serra repute come Fait cestuy qÌ„ ceo delivera al temps quant fuit primes delivera Issint Petitions de Parliament as qÌ„x le Roy assent al darreinÌ„ jout Ä‘ ParliamÌ„t averoÌ„t relation prendront lour force del primÌ„ jour del commencemÌ„t Ä‘l Parliament Et issint est divers auters choses semblables Release RElease est le Done on Discharge del Droit ou Action qÌ„ ascun eyt ou claime envers auter ou son Terre Et un Release de Droit est coÌ„munemeÌ„t fait qnÌ„t un fesoit uÌ„ fait a uÌ„ auter ê‘ ceux ou tiels parolx Remisisse relaxasse omnino pro me Hered ' meis quiet ' clamasse A. B. totum jus meum quod habui habeo seu quovismodo in f â— turo habere potero in uno Messuagio c. Mes ceux parols quovismodo habere potero â— sont voids Car si le Pere soit disseisie le Fits release ê‘ son Fait sans Garrantie tout son droit ê‘ ceux ê‘ols quovismodo in fut habere potero c. le Pere morust le Fits poit loyalment enter sur le possess le Disseisor Auxy en un Release de Droit il covient que il a que le Release est fait ad un Frank â— enement ou Possession en les Terres en Fait ou en Ley ou un Reversion al temps del Release fait car sil ad riens en le Terre al temps del Release fait le Release ne serra a luy availeable Veies pluis de ceo Littl. lib. 3. cap. 8. Relicta verificatione RElicta verificatione est quant un Defendant ad plead l' issue est enter
de record Et puis ceo le Defendant relicta verificatione que est son plea cognoscit actionem sur ceo Judgment est enter pur le Plaintiff Relief RElief est ascun foits un certaine summ de money que l'Heir payera la SnÌ„r â— que ceux Terres sont tenus queux apres le decease de son Ancestor sont a luy discende come procheinÌ„ Heir Ascun foits il est le PaymÌ„t d' uÌ„ auter chose nemy money Et pur ceo Relief nest certain semblable pur touts Tenures mes chescun sundry Tenure ad pur le pluis part son special Relief certain en luy mesme Neque est cÌ„ destre paye touts foits al un certain age mes il varie accordant al Tenure Come si le Tenant ad terr â— tenus per Service de Chivaler forspris grand Serjeantle morust son Heire esteant de pleine age tient ses Terres per le Service de un entier Fee de Chivaler le Seignior de que ceux Terres sont issint renus avera del Heire C s. nomine Relevii si il tient per meins qÌ„ un Fee de Chivaler il payera meins si pluis donques pluis aiant respect touts foits al rate pÌ„ chesc ' Fee de Chivaler un cent soulz Et si tient ê‘ grand Serjeantie que est touts foits del Roy est auxy Service de Chivaler donqÌ„s le Relief serra le value del Terre per an preter touts charges issuant hors de c ' Et si l' Terre soit tenus en Petit Serjeantie ou eÌ„ Socage ' donques pÌ„ le Relief le Heire payera al un foits taÌ„t que il doit payera anÌ„uelment pÌ„ son Service qÌ„ est coÌ„munement appelle le Doubling â— l Rent Auxy si un home tient del Roy en chief des auters SnÌ„rs le Roy avera le Garde de touts les Terres le HeirÌ„ payera Relief a touts les Seigniours a son plein age mes les Seigniours suera al Roy ê‘ petition avera le Rent pur le temps que le Enfant fuit en Gard. Mes veies ore que per le Statute de 2 E. 6. cap. 8. les mesne SnÌ„rs ne sont mises a lour Petition mes averont touts les Rents as eux payes per les Officers le Roy sur request annuelment durant le possession le Roy. Et nota qÌ„ touts foits qnÌ„t le Relief est due il doit estre pay al un entier payment nemy per parts nient obstant que le Rent soit destre payer al several Feasts Veies le Statute 12 Car. 2. cap. 24. Remainder REmainder de Terre est l' Terre que remainera apres le particular Estate determine Come si un grant Terre pÌ„ terme de ans ou pÌ„ vie le remainder al J. S. cest adire quant le Lease pÌ„ ans est determinÌ„ ou le Lessee pur vie est mort donques le Terre remainera ou abide ove al ou en J. S. Veies Reversion Remembrancer del Eschequer REmembrancer del Eschequer la sont trois Officers ou Clerks la appel per tiel nosme l' un est appelle Remembrancer del Roy l' auter del Seignior Treasurer le tierce del Primer fruicts Le Remembrancer del Roy enter en son Office touts Recognisances pur les Dets le Roy Apparances pur observer Orders auxy il prist touts Obligations pur ascun des Dets le Roy pur Apparances observances d' Orders fist Proces sur eux pÌ„ le enfreinder de eux Le Remembrancer del Seignior Treasurer fist Proces vers touts Viscounts Escheators Receivers Bailifes pur lour Accounts il fist le Proces de Fieri facias Extent pur ascun Dets due al Roy ou en le Pipe ou ove les Auditors il fist Proces pur tout tiel Revenue que est due al Roy per reason de ses Tenures Le Remembrancer de les Primer fruicts prist touts Compositions pÌ„ Primer fruicts Dismes fait Proces envers ceux qÌ„ ne pas paya mÌ„ De ceux Officers veies pluis eÌ„ Da. Livre del Office Authoritie de Viscounts f. 186. Remitter REmitter est quant un home ad deux Titles a ascun Terre il vient al Terre ê‘ le darreine Title uncore il serra adjudge ein s per force de son pluis eigne Title ceo serra dit a luy uÌ„ Remitter Come si Tenant eÌ„ le taile discontinua le Taile puis disseisie son Discontinuee morust ent selsie les Terres discendont a son issue ou Cosin enheritable ê‘ force del Taile en ceo case il est eÌ„ son Remitter cestascavoir seisie del ê‘ force del Tail le Title del Discontinuee est ousterment anient defete Et le reason cause de tiel Remitter est pÌ„ ceo qÌ„ tiel Heire est Tenant del TrÌ„e nest ascun ê‘son Tenant vers que il poit suer son Brief de Formedon pÌ„ recover l' Estate taile car il ne puit aver Action vers luy mesme Auxy si Tenant en le taile enseoffa son Fitz ou Heire apparent qÌ„ est deins age puis devie ceo est uÌ„ Remitter al Heire mes si il fuit 〈◊〉 plein age al temps de tiel FeoffmÌ„t il nest Remitter pÌ„ cÌ„ qÌ„ il fuit son follie qÌ„ il esteant 〈◊〉 plein age voile pÌ„nder tiel FeoffmÌ„t Si le Baron alien Terre que il ad en le droit son Feme puis reprist Estate a luy a son Feme pÌ„ terme de lour vies ceo est un Remitter al Feme pur ceo que cest Alienqtion est l'act leÌ„ Baron nemy l' act de la Feme car nul follie poit estre adjudge en Feme durant le vie le Baron Mes si tiel Alienation soit per Fine en Court de Record tiel Reprisel apres al Baron Feme pur terme de lour vies ne ferra la Feme destre en sa Remitter pur ceo que en 〈…〉 la Feme serra examine 〈◊〉 Judge tiels examina â—â— on s en Fines excluderont tiels Femes a touts jours Auxy quant l' Entrie d'asc ' home est congeable il prist Estate a luy quant il est de plene age si ne soit per Fait indent ' ou matter de Record que luy estoppera ceo serra a luy bone Remitter Rents REntssoÌ„t 〈◊〉 divers kinds ces â— ascav ' Rent-service Rent-charge Rent-secke Rent-service est lou le Tenant in Fee-simple tient sa TrÌ„e de son SnÌ„r ê‘ Fealtie certaine Rent ou ê‘ auter Service Rent donques si le Rent soit arere le SnÌ„r poit distraine mes il jammais navera Action de Det