attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
from the Fr. allumer to lighten or kindie is used for one who by his trade coloureth or paints upon Paper or Parchment And the reason is because lie gives light and ornament by his colours to the Letters or other Figures coloured The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner Almner or Aumoner Elecmosynarius Is an Officer of a King or Princes house whose Function is carefully to collect the fragments of Meat and Victuals and distribute them every day to the poor charitably to visit the sick and leprous prisoners poor widows needy persons and those that have no constant abode likewise to receive and faithfully distribute cast Horses Robes Money and other things given in Alms he ought also to excite the King with often admonitions especially on Festival days to be bountiful in giving Alms and to beseech that his rich robes may not be given to Parasites Maskers Stage-players or the like but may go towards the increase of his Alms. Fleta lib. 2. cap. 22. Almsfeoh or Aelmesfeoh Sax. i. Alms-money that is Peterpence anciently paid in England on the first of August and given by King Ina called also Romefeoh Romescot and Heorthpening Seldens History of Tythes pag. 217 Almoin See Aumone Alnage Fr. Aulnage Ell-measure the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager Alnager or Alneger Fr. Aulner i. A Measurer by the Ell signifies a sworn publick Officer who by himself or deputy looks to the Assize of Woollen Cloth made through the Land and to the Seals for that purpose ordained Anno 25 Edw. 3. Stat. 4. cap. 1. And 〈◊〉 Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging 17 Rich. 2. cap. 2. Read of this more 27 Edw. 3. cap. 4. 1 Hen. 4. cap. 13. 7 Ejusdem cap. 10. 11 Ejusdem cap. 6. 13 Ejusdem cap. 4. 11 Hen. 6. cap. 9. 31 Ejusdem cap. 5. 4 Edw. 4. cap. 1. 8 Ejusdem cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing all which were anciently comprized in the unity of one person These bear the distinct names of Searcher Measurer and Alneger which last though it be a Tautotological expression Aulnage and Measure being the same thing denoted in two Languages yet long usage and custom have brought them to distinct Offices and that which anciently was called Alnage from whence the Alnager takes the name who was no more but Measurer in signification is now become Collector of the Subsidy granted to the King by the before recited Statutes still holding the name Alnager because the collection of that Subsidy was by Edward the Third committed to the charge of the Alnager and he nevertheless not abridged of his measuring and searching till by his own wilful neglect they became separated and that by distinct Laws Insomuch as there is now a peculiar Measurer who ought to allow the Assize of length and bredth to every particular Cloth made in England and Wales And because the Subjects of this Land should not be abused an office of Searching is established by Act of Parliament whose Officer ought by his Seals judiciously and diligently affixed to denote the defaults and casual abuses which each particular Cloth contains All these Offices were anciently under the cognizance of the Alnager as you may read at large in a Treatise entituled The Golden Fleece Printed Anno 1656. See 4 Instit fol. 31. Alodium in Doomsday signifies a free Mannor and Alodarii Lords of the same Coke on Littl. fol. 5. Altarage altaragium Comprehends not onely the offerings made upon the Altar but also all the profit which accrues to the Priest by reason of the Altar Obventio Altaris Northampton ss Inter ordines sive decreta de Termino Sancti Mich Anno 21 Eliz in Scaccario remanentes in custodia Rememoratoris Regis inter alia continetur sic Jovis 12 Die Nov. UPon the Hearing of the Matter betwixt Ralph Turner Vicar of West-Haddon and Edward Andrews it is ordered That the said Vicar shall have by reason of the words Altaragium cum manso competenti contained in the Composition of the Profits assigned for the Vicars maintenance all such things as he ought to have by these words according to the Definition thereof made by the Reverend Father in God John Bishop of London upon Conference with the Civilians viz. David Hewes Judge of the Admiralty Bartholomew Clark Dean of the Arches John Gibson Henry Jones Laurence Hewes and Edward Stanhop all Doctors of the Civil Law that is to say By Altaragium Tythes of Wool Lamb Colt Calf Pigs Goslings Chickens Butter Cheese Hemp Flax Honey Fruits Herbs and such other small Tythes with Offerings that shall be due within the Parish of West-Haddon And the like case was for Norton in Northamptonshire heard in the said Court within these two or three years upon the Hearing Ordered in the like manner Oblationes sive numinorum sive panum tali vel tali Altari vel ex devotione vel ex consuetudine aut a Parochianis aut ab extraneis factae Altaragii nomine censebantnr Gloss in Mat. Paris Alto basso or in Alto in basso Pateat universis per presentes quod Willielmas Tylar de Yetton Thomas Gower de Aylemestre posuerunt se in alto in basso in arbitrio quatuor hominum viz. de quadam querela pendente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Thomam Et praedicti quatuor homines judicaverunt ordinaverunt quod Dat. apud Aylemestre die Mercurii prox post Festum Conceptionis B. Mariae Anno 2 Hen. 5. Ipse Prior venit Bogo similiter ponunt se in gratiam misericordiam voluntatem Regis de alto basso ad quod mandantur Turri London c. Plac. coram Rege Hil. 18 Edw. 1. By this is meant the absolute submission of all differences small and great high and low Amabyr See Chevage Ambidexter Lat He that useth his left hand as well as his right that plays on both sides But in the legal acception it signifies That Juror or Embraceor who takes Money on both sides for giving his verdiet for which he forfeits ten times so much as he takes 38 Edw. 3. cap. 12. Crompt Just of P. fol. 156. b. Ame Kings Proclamation 1663. See Aume Amenable from the Fr. amener i. To bring or lead unto Others write it amainable from the Fr. main a hand tractable that may be led by the hand or governed that may be brought or fetched in It is applied in our Law Books to a Woman that is supposed governable by her Husband Amendment amendatio signifies the correction of an Error committed in a Process and espied before or after Judgment and sometimes after the party seeking advantage by the Error Brook titulo Error and Amendment Amerciament
figillo meo munitâ confirmavi Hi is testibus Ade Salvag Walt. de novo Menul c. Sine dat Penes Tho. Bridgwater Gen. Assault assultus Is a violent kinde of injury offered to a Mans person of a higher nature then Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib 1. cap. 3. As to rebuke a Collector with foul words so that he departed for fear without doing his Office was taken for an Assault To strike at a Man though he were neither hurt nor hit with the blow was adjudged the like 22 Lib. Ass Plea 60. For Assault does not always necessarily imply a hitting or blow because in Trespass for Assault and Battery a Man may be found guilty of the Assault and excused of the Battery 25 Edw. 3. cap. 24. The Feudists define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de Feud pag. 10. num 38. Assach or Assath An. 1 H. 5. cap. 6. Was a strange kinde of Purgation used of old in Wales by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales and is now abrogated Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clark of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assaier of the King Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in prasentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen. 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate Anno 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is called Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign â—false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assizes And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Depty is he that does it in the right of another Assise of mort d'auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. F. Nat. Br. fol. 114. Register of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have presented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used see Bracton lib. 4. tract 2. Register of Writs fol. 30. F. Nat Br. fol. 195. Assise de utrum assisa utrum Lies for a Parson against a Lay-man of a Lay-man against a Parson for Land or Tenement doubtful Whether it be Lay-fee or Free-alms And of this sâ—c Bracton lib. 4. tract 5. cap 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation
Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in praesentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regiis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate An. 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors Debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br. fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assises And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Deputy is he that does it in the right of another Assise is derived from the French Assis i. assessum locatum definitum and is diversly used Littleton Cha. Rents says it is Aequivocum and sets down three significations of it One as it is taken for a Writ another as it is used for a Jury the third for an Ordinance i. Assise is a Writ dirâ—cted to the Sheriff for Recovery of Possession of things immoveable whereof your self or Ancestors have been disseised and this is as well of things corporal as incorporeal Rights being of four sorts viz. Assise of Novel Disseisin Assisa novae Disseisinae Lies where a Tenant in Fee-simple Fee-tail or for Life is lately disseised of his Lands or Tenements Rent-service Rent-seck or Rent-charge Common of Pasture c. and divers other such like of which you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. Britton cap. 70. Reg. of Writs fol. 197. Fitz. Nat. Br. fol. 177. Westm 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added the Bill of Fresh force which is directed to the Officers or Magistrates of Cities or Towns-corporate being a kinde of Assise for Recovery of Possession in such places within forty days after the force as the ordinary Assise is in the County Fitz. Nat. Br. fol. 7. Assise of Mort d'Auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have prsented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used See Bracton lib. 4. tract 2. Register of Writs fol. 30. Fitz. Nat. Br. fol. 195. Assise de utrum Assisa utrum Lies for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tencment doubtful Whether it be Lay-fee or Free-alms And of this see Bracton lib. 4. tract 5. cap. 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation except they be tried in the standing Courts at Westminster as appears by Fitz. Nat. Br. fol. 177. d e. Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Kitchin fol. 79. There is another difference in that an Arrest lies onely upon the Body of a Man and an Attachment sometimes on his Goods which makes it in that particular differ from a Capias in being more general For a man may be attached by an hundred Sheep Kitchin fol. 263. but the Capias takes hold of the Body onely See Skene Verbo Attachiamentum Attachment by Writ differs from a Distress or Distringas in this That an Attachment reacheth not to Lands as a Distress doth and that a Distress toucheth not the Body if it be properly taken as an Attachment doth yet are they divers times confounded as may appear by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. Howbeit in the most common use an Attachment is an apprehension of a Man by his Body to bring him to answer the Action of the Plaintiff A Distress without a Writ is the taking of a Mans Goods for some real cause as Rent Service or the like whereby to force him to Replevy and so to be Plaintuff in an Action of Trespass against him that distrained him See Distress Attachment out of the Chancery is had of course upon an Affidavit made That the Defendant was served with a Subpaena and appears not or issueth upon not performing some Order or Decree After the return of this Attachment by the Sheriff Quod non est inventus in Baliva sua Another Attachment with Proclamation issues out against him and if he appears not thereupon then a Writ of Rebellion West part 2. Symbol tit Proceedings in Chancery Attachment of Priviledge Is by vertue of a Mans Priviledge to call another to that Court whereto he himself belongs and in respect whereof he is priviledged to answer some Action New Book of Entries Verbo Priviledge fol. 431. Forein Attachment Is an Attachment of Goods or Money found within a Liberty or City to satisfie some Creditor of his within such City or Liberty And by the Custom of some places as London c. a Man may attach Money or Goods in the hands of a Stranger whilest he is within their Liberty As if A ows B 10 l. and C ows A 10 l. B may attach this 10 l. in the hands of C to satisfie himself for the Debt due from A. See Calthrops Reports pag. 66. There is likewise an Attachment of the Forest which is one of the Three Courts there held The lowest is called the Attachment the mean Swainmote the highest the Justice in Eyrs seat This Court of Attachment seems to be so called because the Verderors of the Forest have therein no other Authorty but to receive the Attachments of Offenders against Vert and Venison taken by the rest of the Officers and to enrol them that they may be presented or punished at the next Justice Seat Manwood part 1. pag. 93. And this Attaching is by three means By Goods and Chattels by Body Pledges and Mainprize or by the Body onely The Court is kept every Forty days throughout the year See Crompton in his Court of the Forest The diversity of Attachments you may see in Register of Writs under the word Attachiamentum in Indice Attaint attincta As it is a Substantive is used for a Writ that lies after Judgment against a Jury that hath given a false Verdict in any Court of Record be the Action Real or Personal if the Debt or Damages surmount the sum of 40 s. What the Form of the Writ is and how in use is expressed in Fitz. Nat. Br. fol. 105. and New Book of Entries fol. 84. The reason why it is so called is because the party that obtains it endeavors thereby to touch or stain the Jury with Perjury by whose Verdict he is grieved And if the Verdict be found false then the Judgment anciently was That the Jurors Meadows should be ploughed up their Houses broke down their Woods grubbed up and all their Lands and Tenements forfeited to the King But if it pass against him that brought the Attaint he shall be imprisoned and grievously ransomed at the Kings Will. See Glanvile lib. 2. cap. 19. Smith de Repub. Angl. lib. 3 cap. 2. 11 Hen. 7. cap. 21 23 Hen. 8. cap. 3. In what diversity of Cases this Writ is brought see Reg. of Writs in Indice It was anciently called Breve de Convictione See Coke on Littl. fol. 294. b. Attainted attinctus Is used particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Yet a Man is said to be attainted of Disseisin Westm 1. cap. 24 36. Anno 3 Edw. 1. And so it is taken in French as Estre attaint vayncu en aucun case i. to be cast in any case Britton cap. 75. uses the Participle Attaint in the sence we say attained unto A Man is attainted by two means by Appearance or by Process Stanf. Pl. Cor. fol. 44. Attainder by Appearance is by Confession by Battle or by Verdict Confession whereof Attaint grows is twofold one at the Bar before the Judges when the Prisoner upon his Indictment read being asked guilty or not guilty answers guilty never putting himself upon the Jury the other is before the Coroner in Sanctuary where he upon his Confession was in former times constrained to abjure the Realm which kinde also of the effect is called Attainder by Abjuration Stanf. fol. 182. Attainder by Battle is when the party appealed by another and chusing to try the truth by Combat rather then by Jury is vanquished Attainder by Verdict is when the Prisoner at the Bar answering not guilty to the Indictment hath an Enquest of Life and Death passing upon him and is by their Verdict pronounced guilty Idem f. 108 192. Attainder by Process otherwise called Attainder by Default or Attainder by Outlary is where a party flies or doth not appear until he hath been five times called publickly in the County Court and at last upon his default is pronounced or returned Outlawed The same Author fol. 108. makes a difference between Attainder and Conviction with whom agrees the Statute Anno 34 35 Hen. 8. cap. 14. and Anno 1 Edw. 6. cap. 12. in these words That then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And I finde by Stanf. Pl. Cor. fol. 66. That a Man by our ancient Laws was said to be convicted presently upon the Verdict guilty but not to be attainted until it appeared he was no Clerk or being a Clerk and demanded by his Ordinary could not purge himself And in one word it appears That Attainder is larger then Conviction Conviction being onely by the Jury And Attainder is not before Judgment Perkins Grants num 27 29. Yet it appears by Stanf. fol. 9. that Conviction is sometimes called Attainder For there he says the Verdict of the Jury does either acquit or attaint a Man And so it is Westm 1. cap. 14. This
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
Hundreds for better Government King Alfred brought from Germany For there Centa or Centena is a jurisdiction over a hundred Towns This is the original of Hundreds which still retain the name but their Jurisdiction is devolved to the County Court some few excepted which have been by priviledge annexed to the Crown or granted to some great Subject and so remain still in the nature of a Franchise This has been ever since the Stat. 14 Edw. 3. Stat. 1. c. 9. whereby these Hundred Courts formerly Farmed out by the Sheriff to other Men were all or the most part reduced to the County Court and so remain at present So that where you read now of any Hundred Courts you must know they are several Franchises wherein the Sheriff has not to do by his ordinary Authority except they of the Hundred refuse to do their Office See West Part 1. Symbol lib. 2. Sect. 288. ad Hundredum post Pascha ad proximum Hundredum post Festum St. Mich. Mon. Angl. 2 p. fol. 293. a. The word Hundredum is sometimes used for an immunity or priviledge whereby a Man is quit of Hundred-peny or Customes due to the Hundreder See Turn Hundreders Hundredarii Are Mon impanneld or fit to be empannel'd of a Jury upon any Controversie dwelling within the Hundred where the Land in question lies Cromp. Jur. fol. 217. Anno 35 Hen. 8. ca. 6. It also signifies him that has the jurisdiction of a Hundred and holds the Hundred Court An. 13 Ed. 1. ca. 38. 9 Edw. 2. Stat. 2. 2 Edw. 3. ca. 4. and 't is sometimes used for the Bayliff of an Hundred Horns Mirror lib. 1. ca. del Office del Coroner Hundred-lagh from Hundred and the Sax. Laga i. Lex Signifies the Hundred Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus ca. 9. Manwood Part 1. pa. 2. See Warscot Hundred-penny Est autem pecunia quam subsidit causa vicecomes olim exigebat ex singulis decuriis sui Comitatus quas Tethingas Saxones appellabant Sic ex Hundredis Hundred-penny Spel. Pence of the Hundred Cam. Brit. fol. 223. Hundred-setena Et habeant Socam Sacam on Strond on Streme on wode on felde Grithbrice Hundred-setena Adas Ordelas c. Carta Edgari Regis Monast Glaston Anno 12 regni Mon. Angl. 1. p. fo 16. b. Saeta or Setena in composition signifies Dwellers or Inhabitants Debent habere constitutionem Hundredi quod Angli dicunt Hundred-setene Text. Roff. Hurst Sax. Hyrst A Wood or Plump of Trees Huscarle Sax. A Domestic Servant or one of the Family The word is often found in Domesday where we find the Town of Dorchester paid to the use of Houscarles one Mark of silver See Karles Hus Hant. Quidam H. P. captus per querimoniam Mercatorum Flandriae imprisonatus offert Domino Regi Hus Hant in plegio ad standum recto ad respondendum praedictis mercatoribus omnibus aliis qui versus eum loqui voluerint Et diversi veniunt qui manucapiunt quod dictus H. P. per Hus Hant veniet ad summonitionem Regis vel concilii sui in Curia Regis apud Shepweye quod stabit ibi recto c. Placita Curiae Regis Anno 27 Hen. 3. rot 9. Quaere an non sit commune plegium sicut Jo. Do. Ric. Ro. see 4 Inst fol. 72. Huseans Fr. Houseau A kind of Boot or somewhat made of course cloth and worn over the Stocking in stead of a Boot a Buskin It is mentioned in the Stat. 4. Edw. 4. ca. 7. Husfastne from the Sax. Hus i. Domus Fast Fixus quasi domui fixus Is he that holdeth House and Land Et in franco plegio esso debet omnis qui terram tenet domum qui dicuntur Husfastne etiam alii qui illis deserviunt qui dicuntur Folgheres c. Bracton lib. 3. Tract 2. ca. 10. Some Authors corruptly write it Hurderefest Hurdesfest rectius Heordfeste which see in Gloss in decem Scriptor Husseling people In a Petition from the Borough of Leominster to King Edward the Sixth the Petitioners set forth that in their Town there were to the number of 2000 Husseling people c. that is 2000 Communicants For Husel in Saxon signifies the Holy Eucharist Hustings Hustingum from the Sax. Hus Domus thing causa quasi Domus causarum antiquissima celeberrima Londoniarum Civitatis Curia suprema the principal and highest Court in London 11 Hen. 7. ca. 21. and 9 Ed. 1. ca. unico Of the great antiquity of this Court we find this Honourable mention in the Laws of King Edward the Confessor Debet etiam in London quae est Caput regni legum semper Curia Domini Regis singulis Septimanis Die Lunae Hustingis sedere teneri Fundata enim erat olim aedificata ad instar ad modum in memoriam veteris magnae Troiae usque in hodiernum diem leges jura dignitates libertates regiasque consuetudines antiquae magnae Trojae in se continet Consuetudines suas una semper inviolabilitate conservat See Taylors Hist of Gavelkind p. 55. This Court is held before the Mayor and Aldermen of London Error or Attaint lies there of a Judgment or false Verdict in the Sheriffs Court as appears by Fitz. Nat. Br. fol. 23. Other Cities and Towns also have had a Court of the same name as Winchester Lincoln York Sheppey c. where the Barons or Citizens have a Record of such things as are determinable before them Fleta lib. 2. ca. 55. Stat. 10 Edw. 2. ca. unico See 4 Inst fol. 247. and Gloss in decem Scriptores on this word Hyde of Land See Hide Hyde-gyld Sax. Hyd-gyld A price or ransom paid to save ones skin from beating Also the same with Hidage Hyth Sax. A Port or little Haven to imbark or land Wares at as Queen-hyth Lamb-hythe c. New Book of Entries fo 3. de tota medietate Hithae suae apud Hengestesey cum libero introitu exitu c. Mon. Angl. 2 Par. fo 142. n. 40. I. JAck olim Wambasium erat tunica quod non ferro solido sed tunicis plurimo lino intextis muniebatur a kind of defensive Coat worn by Horsemen in Warr which some by tenure were bound to find upon any invasion See Hidage Jactivus Jectivus Lat. He that loseth by default Placitum suum neglexerit Jactivus exinde remansit Formul Solen 159. Jamaica Is one of the American Islands lying on the South of Cuba Its length from East to West about 50 Leagues and breadth 20 the middle of it under the 18th degree of Northern Latitude It was taken from the Spaniard by the English in the year 1655 and is mentioned in the Stat. 15 Gar. 2. ca. 5. Jamaica-wood mentioned 15 Car. 2. ca. 5. Is a kind of speckled or fine-grain'd Wood of which Cabinets are made called
Students therein do there not onely study the Laws but use such other exercises as may make them more serviceable to the Kings Court Fortescu cap. 49. Of these there are four well known viz. The Inner Temple Middle Temple Lincolns Inn and Greys Inn. These with the Two Serjants Inns and Eight Inns of Chancery do altogether to use Sir Edward Cokes words make the most famous University for Profession of Law onely or of any one Humane Science in the World Of which see Mr. Dugdales Origines Juridiciales at large Innotescimus Letters Patent so called which are always of a Charter of Feofment or some other Instrument not of Record and so called from the words in the Conclusion Innotescimus per presentes An Innotescimus Vidimus are all one See Pages Case 5 Rep. Innuendo from innuo to beck or nod with the Head to signifie a word used in Writs Declarations and Pleadings and the Office of it is onely to declare and ascertain the person or thing which was named or left doubtful before as to say he Innuendo the Plaintiff is a Theif when as there was mention before of another person Innuendo may not enlarge the sence of the words nor make a supply or alter the Case where the words are defective Huttons Rep. fol. 44. Inpeny and Outpeny In the Register of the Monastery of Cokesford pag. 25. Thus De Inpeny Outpeny consuetudo talis est in villa de East Rudham de omnibus terris quae infra Burgagium tenentur viz. Quod ipse qui vendiderit vel dederit dictam tenuram alicui dabit pro exitu suo de eadem tenurâ unum denarium pro ingressu suo Et si predicti Denarii a retro fuerint Ballivus domini distringet pro eisdem denariis in eadem tenura These words and Custom are also mentioned in the Rolls of a Court there held about the Feast of the Epiphany Anno 12 Rich. 3. Spelm. Inquirendo Is an Authority given to any person to enquire into something for the Kings advantage in what case it lies See Reg. of Writs fol. 72 85 124 265. Inquisition Inquisitio Is a manner of proceeding by way of search or examination in matters criminal by the great Enquest before Justices in Eyre It is also used in the Kings behalf in Temporal Causes and Profits in which sence it is confounded with Office Stanf. Praerog fol. 51. Inquifitors Inquisitores Are Sheriffs Coroners Super visum Corporis or the like who have power to enquire in certain Cases Stat. of Marlbridge cap. 18. Britton fol. 4. And in Westm 1. Enquirors or Inquisitors are included under the name of Ministri 2 Part. Inst fol. 211. Inrolment Irrotulatio The Registring Recording or Entring any lawful Act in the Rolls of the Chancery Exchequer Kings Bench or Common Pleas in the Hustings of London or by the Clerk of the Peace in any County As a Statute or Recognizance acknowledged or a Deed of Purchase enrolled Anno 27 H. 8. cap. 16. See West par 2. Symb. tit Fines sect 133. Insidiatores viarum Way-layers Are Woods which by the Stat. 4 Hen. 4. cap. 2. Are not to be put in Indictments Arraignments Appeals c. Insimul tenuit Is one Species of the Writ of Partition See Formdon Insinuation Anno 21 Hen. 8. cap. 5. A creeping into a Mans Minde or Favor covertly Insinuation of a Will is among the Civilians the first Production of it or the leaving it Penes Registarium in order to its Probat Inspeximus Letters Patent so called and is the same with Exemplification which begins thus Rex Omnibus Inspeximus irrotulamentum quarund literarum Patent ' c. It is called Inspeximus because it begins after the Kings title with this word Inspeximus See Pages Case 5 Rep. Instalment Anno 20 Car. 2. cap. 2. A Settlement Establishment or sure placing in sometimes it is confounded with Abatement Institution Institutio Is when the Bishop says to a Clerk who is presented to a Church-Living Instituo te Rectorem talis Ecclesiae cum cura animarum accipe curam tuam meam Every Rectory consists of a Spiritualty and a Temporalty as to the Spiritualty viz. Cura animarum he is a compleat Parson by Institution but as to the Temporalties as Gleab-land c. he has no Frank-tenant therein till Induction Cokes 4 Rep. Digbies Case The first beginning of Institutions to Benefices was in a National Synod held at Westminster by John de Crema the Popes Legate Anno 1124. which see in Seldens Hist of Tythes pag. 375. In super Anno 21 Jac. cap. 2. Is used by Auditors in their Accounts in the Exchequer when they say so much remains in super such an Accoantant that is so much is charged upon him in his account Intakers Were a kind of Theeves in Redesdale and the furthest parts of the North of England mentioned 9 Hen. 5. ca. 8. So called because they dwelling in that liberty did take in and receive such booties of Cattel and other things as their Complices the Outparters brought in to them from the borders of Scotland See Outparters Intendment of Law Fr. Entendement intellectus the Understanding Judgment Intention or true meaning of the Law Regularly Judges ought to judge according to the common Intendment of Law Coke on Litt. fo 78. Inter canem lupum Margeria filia Nicholai de Okele appellat Johannem Chose pro raptu pace Regis fracta die Martis prox c. inter canem lupum i. In crepusculo scilicet Anglice twylight i. Inter diem noctem c. Inter Plac. de Trin. 7 Edw. 1. Rot. 12. Glouc. In placito de domo combusta maliciose hora vespertina scilicet inter canem lupum venerunt malefactores c. Plac. Cor. apud Novum Castrum 24 Ed. 1. Rot. 6. Intercommoning Is where the Commons of two Mannors lie contiguous and the Inhabitants of both have time out of mind depastured their Cattel promiscuously in each of them Interdiction Interdictio Has the same signification in the Common as it hath in the Canon Law which thus defines it Interdictio est censura Ecclesiastica prohibens administrationem divinorum And so it is used 22 Hen. 8. ca. 12 25. ejusdem cap. 20. Interdicted of Water and Fire Were in old time those who for some crime were banished which Judgment though it was not by express sentence pronounced yet by giving order That no man should receive them into his house but deny them Fire and Water the two necessary elements of life they were condemned as it were to a Civil death and this was called legitimum exilium Livie Interest Interesse Is vulgarly taken for a term or Chattel real and more particularly for a future term in which case it is said in pleading that he is possessed de interesse termini But ex vi termini in legal understanding it extends to Estates Rights and Titles that a man hath of in to
adulteration of Wines in which last use it is prohibited by Stat. 12 Car. 2. ca. 25. Issue Exitus Hath divers applications sometime being used for the Children begotten between a Man and his Wife sometime for Profits growing from Amercements or Fines sometimes for Profits of Lands or Tenements Westm 2. An. 13 Ed. 1. ca. 39. Sometime for that point of matter depending in Suite whereon the parties joyn and put their Cause to the Trial of the Jury And in all these it has but one signification which is an effect of a Cause preceding as Children are the effect of the Marriage the Profits growing to the King or Lord from the punishment of any mans Offence is the effect of his Transgression the point referr'd to 12 Men is the effect of pleading or process Issue in this last signification is either general or special General Issue seems to be that whereby it is referr'd to the Jury to bring in their Verdict whether the Defendant have done any such thing as the Plaintiff lays to his charge For example if it be an Offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General Issue See Doctor and Student fo 158. b. The Special Issue then must be that where special matter being alledged by the Defendant for his defence both parties joyn thereupon and so grow either to a demurrer if it be quaestio juris or to a Trial by the Jury if it be quaestio facti An. 4 Hen. 8. ca. 3. See the New Book of Entries verbo Issue and 18 Eliz. ca. 12. Itinerant Itinerans i. That takes a journey Those were anciently called Iustices itinerant who were sent with Commission into divers Counties to hear such causes specially as were termed Pleas of the Crown See Iustices in Eyre Judaism Iudaismus The Custom Religion or Rites of the Iews This word was often used by way of exception in old Deeds as Sciant Quod ego Rogerus de Morice dedi Willielmo Harding pro tribus marcis argenti unum croftum Habend de me heredibus meis sibi haeredibus ejus vel ejus assignatis eorum heredibus cuicunque quocunque vel quandocunque dictum Croftum dare vendere legare invadiare vel aliquo modo assignare voluerint in quocunque statu fuerint libere quiete integre bene in pace excepta Religione Judaismo c. Sine dat The Stat. De Iudaismo was made 18 Edw. 1. At which Parliament the King had a Fifteenth granted him Pro expulsione Iudaeorum Iudaismus was also anciently used for a Morgage Pro hac autem donatione dederunt mihi dicti Abbas Canonici sex Marcas Sterl ad acquietandam terram praedictam de Judaismo in quo fuit impignorata per Rob. fratrem meum c. Ex magno Rot. Pipae de Anno 9 Edw. 2. Judgment Iudicium quasi juris dictum The very voice of Law and Right and therefore Iudicium semper pro veritate accipitur The ancient words of Iudgment are very significant Consideratum est c. because Iudgment is ever given by the Court upon consideration had of the Record before them and in every Judgment there ought to be three persons Actor Reus Iudex Of Iudgments some are final and some not final c. See Coke on Littl. fol. 39. a. Judicium Dei The Judgment of God so our Ancestors called those now probibited Tryals of Ordael and its several kindes Si se super defendere non posset Judicio Dei scil Aquâ vel ferro fieret de eo justitia LL. Divi Edw. Confess cap. 16. See Spelm. Gloss on this word Judgment or Tryal by the Holy Cross long since disused See Cressy's Church-History fol. 960. Jugum terrae In Domesday contains half a P o 〈…〉 and. Jun 〈…〉 ia from juncus A Soil where Rushes grow Coke on Littl. fol. 5. Cum Piscariis Turbariis Juncariis communibus Pasturis ad Messuagium praedictum pertin Pat. 6 Edw. 3. pa. 1. m. 25. Jura Regalia See Regalia Jurats Iurati Anno 2 3 Edw. 6. cap. 30. As the Major and Iurats of Maidstone Rye Winchelsey Tenterdon c. are in the nature of Aldermen for Government of their several Corporations and the name is taken from the French where among others there are Major Iurati Suessenses c. Vide Choppin Doman Fran. lib. 3. Tit. 20. sect 11. p. 530. So Iersey hath a Bailiff and Twelve Iurats or sworn Assistants to govern the Island Cam. Romene◠Marsh is incorporate of one Bailiff xxiiii Iurats and the Commonalty thereof by Charter Dat. 23 Febr. 1 Edw. 4. See Mr. Dugdale Hist of Imbanking and Draining fol. 34. b. Jury Iurata from Iurare to swear Signifies Twenty four or twelve Men sworn to inquire of the matter of Fact and declare the Truth upon such Evidence as shall be delivered them touching the matter in question of which Iury who may and who may not be impaneld see Fitz. Nat. Br. fol. 165. There are two manner of Tryals in England one by Battel the other by Assise or Iury. See Smith de Repub. Angl. lib. 2. cap. 5 6 7. who adds a third by Parliament The Tryal by Assise be the Action Civil or Criminal Publick of Private Personal or Real is referred for the Fact to a Iury and as they finde it so passeth the Judgment which by Bracton lib. 2. cap. 7. is called Regale beneficium c. This Iury is not onely used in Circuits of Justices but in other Courts and Matters of Office as if the Coroner enquire how a subject found dead came to his end he useth an Enquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bailiff of a Hundred the Steward of a Court Leet or Court Baron if they enquire of any offence or decide any Cause between party and party do it by the same manner So that where it is said all things are tryable by Battel or Assise Assise in this place is taken for a Iury or Enquest empanelled upon any Cause in a Court where this kinde of Tryal is used This Iury though it pertain to most Courts of the Common Law yet is it most notorious in the half-yearly Courts of the Justices Itinerants or of the Great Assises and in the Quarter Sessions where it is usually called a Iury and that in Civil Causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron a Iury of the Homage In the General Assise there are usually many Iuries because there are many Causes both Civil and Criminal commonly to be tryed whereof one is called the Grand Iury or Great Enquest and the rest Petit Iuries whereof it seems there should be one for every Hundred Lamb. Eiren. lib. 4. cap. 3. pag. 384. The Grand Iury consists ordinarily of Twenty four grave and substantial Gentlemen or some of them of the better sort of Yeomen chosen
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every