himself or his Deputie in places convenient looketh to the Assise of wollen cloth made through the land and to seales for that purpose ordained unto them anno 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for every cloth so sealed in a fee or custom therunto belonging an 17 R. 2. c. 2. Read of this more an 27. Ed. 3. c. 4. an 17. R. 2. c. 2. 5. an 1. H. 4. c. 13. an 7. ejusd c. 10. an 11. ejusd cap. 6. an 13. ejusd ca. 4. an 11. H. 6. ca. 9. an 31. ejusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. ejusdem ca. 1. an 1. R. 3. cap. 8. AM Ambidexter is that jurour or embraceour that taketh of both parties for the giving of his verdict He forfeiteth ten times so much as he taketh anno 38. Edw. 3. cap. 12. Cromptons Juflice of Peace fol. 156. b. Amendment amendatio commeth of the French amendment and signifieth in our common Law a correction of an errour committed in a Processe and espyed before judgement Terms of the law Brook titulo Amendment per totum But if the fault be found after judgement given then is the party that will redresse it driven to his writ of errour Terms of the Law Brok titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the king or other Lord in his court that is found to be in misericordia i. to have offended and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciament and fines Kitthin fol. 214. And I have heard common Lawyers say that fines as they are taken for punishments be punishments certain which grow expresly from some Statute and that amerciaments be such as be arbitrably opposed by affeerors This is in some sort confirmed by Kitch f. 78. in these words l'amerciament est affire per pares M. Manwood in his first part of Forest Lawes pag. 166. seemeth to make another difference as if he would inferre an amerciament to be a more easie or more mercifull penaltie and a fine more sharp and grievous Take his words If the pledges for such a trespasse saith he do appear by common summons but not the defendant himself then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himself doe appear and be ready in Court before the Lord Justice in eyr to receive his judgement and to pay his fine But if such pledges do make default in that case the pledges shall be amerced but not fined c. The Author of the new terms of law saith that amerciament is most properly a penaltie assessed by the peers or equals of the partie amercied for an offence done for the which he putteth himself upon the mercy of the Lord. Who also maketh mention of an amerciament royal and defineth it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the Kings amercied by Justices for his offence See Misericordia Amoveas maium Look ouster le maine AN An tour waste annus dies vastum Look year day and waste Anealing of tile anno 17. Ed. 4. ca. 4. Annats Annaies seemeth to be all one with first fruits anno 25. H. 8. ca. 20. Look First fruits The reason is because the rate of first fruits payed of spiritual livings is after one years profit Of which Polydore Virgil de inventione rerum lib. 8. cap. 2. saith thus Nullum inventum majores Romano Pontifici cumulavit opes quam annatum qua vocant usus qui omnino multò antiquior est quam recentiores quidam scriptores suspicantur Et annates more suo appellant primos fractus unius anni sacer dotii vacantis aut dimidiam eorum partem Sanè hoc vectigal jam pridem cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet cum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re ut gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic ut Franciscus Zabarellus tradat posthac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse ut eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua massa retinuit ut ne indidem exire possent lege caetera Anniented commeth of the French anneantir i. se abjicere atque prosternere It signifieth with our Lawyers as much as frustrated or brought to nothing Littleton lib. 3. cap. warrantie Annua pensione is a writ whereby the King having due unto him an annual pension from an Abbot or Prior for any of his Chaplaines whom he shall think good to name unto him being as yet unprovided of sufficient living doth demand the same of the said Abbot or Prior for one whose name is comprised in the same writ untill c. and also willeth him for his Chaplaines better assurance to give him his Letters patents for the same Register orig fol. 265 307. Fitz. nat br fol. 231. where you may see the names of all the Abbeys and Priories bound unto this in respect of their Foundation or creation as also the form of the Letters Patents usually granted upon this writ Annuitie annuus reditus signifieth a yearly rent to be paid for term of life or years or in fee and is also used for the Writ that lyeth against a man for the recovery of such a rent either out of his Land or out of his Coffers or to be received of his person at a day certain every year not satisfying it according to the Grant Register Origin fol. 158. Fitzh nat br fol. 152. The Author of the new terms of Law defineth annuitie to be a certain sum of mony granted to another in fee-simple fee-tail for term of life or of years to receive of the Granter or his Heirs so that no Free-hold be charged therewith whereof a man shall never have assise or other action but a Writ of Annuity Saintgerman in his Book intituled The Doctor and Student dialogo primo cap. 3. sheweth divers differences between a Rent and an Annuity wherof the first is That every rent be it rent-charge rent-service or rent-seck is going out of Land but an Annuity goeth not out of any Land but chargeth only the person that is to say the Granter or his Heirs that have Assets by descent or the House if it be granted by a House of Religion to perceive of their Coffers The second difference is that for the recovery of an Annuity no Action lyeth but only the Writ of Annuity against the Granter his Heirs or Successors
is an officer in Court so called because he hath the check and controllement of the yeomen of the Gard and all other ordinary yeomen or huissiers belonging either to his Majesty the Queen or Prince either giving leave or allowing their absences or defects in attendance or diminishing their wages for the same He also nightly by himself or Deputy taketh the view of those that are to watch in the Court and hath the setting of the watch This officer is mentioned anno 33 Henric. 8. cap. 12. Clerk Marshal of the Kings house seemeth to be an Officer that attendeth the Marshall in his Court and recordeth all his proceedings anno 33 Henr. 8. cap. 12. Clothe of Raye an 27 E. 3 stat 1. cap. 4. Closhe is an unlawful game forbidden by the the statute anno 17 E. 4. cap. 3. which is casting of a bowl at nine pinnes of wood or nine shank bones of an ox or horse Clove is the 32 part of a weigh of cheese i. eight pound anno 9 H. 6. cap. 8. Cloves caryophilli are a spice known by sight to every man They are flowers of a tree called caryophillus gathered and hardned by the Sun Of their nature you may read in Gerards Herbal lib. 3. cap. 144. This is comprised among such spices as be to be garbled an 1 Jacob. c. 19. CO Cocket cockettum is a seal appertaining to the Kings Custome-house Regist orig fol. 192 a. and also a scrow of parchment sealed and delivered by the officers of the Custome-house to Merchants as a warrant that their merchandise be customed anno 11 H. 6. cap. 16. which parchment is otherwise called literae de coketto or literae testimoniales de coketto Regist. ubi supr fol. 179 a. So is the word used anno 5 6 Edw. 6. cap. 14. an 14 Edw. 3. stat 1. c. 21. This word is also used for a distinction of bread in the statutes of bread and ale made anno 51 H. 3. where you have mention of bread coket wastelbread bread of trete and bread of Common wheat Coferer of the Kings houshold is a principal officer of his Majesties Court next under the controller that in the Counting-house and elsewhere at other times hath a special charge and oversight of other officers of the houshold for their good demeanour and carriage in their offices to all which one and other being either Sergeants Yeomen Grooms Pages or children of the kitchin or any other in any room of his Majesties servants of houshold and payeth their wages This officer is mentioned an 39 Eliz. cap. 7. Cogs anno 23 H. 8. cap. 18. Conisor of a fine is he that passeth or acknowledgeth a fine in Lands or Tenements to another Cognisee is he to whom the fine is acknowledged West parte 2. symbol tit Fines sect 2. Cognizance cometh from the French cognisance id est intelligentia intellectus notio cognitio with us it is used diversly sometime signifying a badge of a serving-mans sleeve whereby he is discerned to belong to this or that Noble or Gentleman sometime an acknowledgement of a fine or confession of a thing done as cognoscens latro Bracton lib. 3. tract 2. cap. 3.20 32. cognoscere se ad villanum Idem lib. 4. tract 3. cap. 16. As also to make cognisance of taking a distresse sometime as an audience or hearing of a matter judicially as to take cognisance sometime a power or jurisdiction as cognisance of plee is an ability to call a cause or plee out of another Court which no man can do but the King except he can shew Charters for it Manwood parte 1. of his Forest laws pag. 68. See the new Termes of the Law and the new book of Entries verbo Conusance Cognatione see Cosenage Cognisour see Conisour Cognitionibus mittendis is a Writ to a Justice or other that hath power to take a Fine who having taken acknowledgement of a Fine deferreth to certifie it into the Court of Common plees commanding him to certifie it Reg. orig 68. b. Coin cuneus vel cuna seemeth to come from the French coin id est Angulus which probably verifieth the opinion of such as do hold the ancientest sort of Coyn to be cornered and not round Of this Lawyers substantive cuna commeth the Lawyers verb cunare i. to coyn Cromtons Justice of peace fol. 220. Coliander seed or rather coriander seed Semen coriandri is the seed of an hearb so called medicinable and wholesome for divers goo◠purposes which see in Gerards Herbal l. 2. cap. 379. It is numbered among the drugges that be to be garbled an 1 Jacob. cap. 19. Collaterall collateralis commeth of the Latine Laterale id est that which hangeth by the side Lateralia viatoria π. de lega fidelium tertio l. 102. seem to signifie a budget or cap-case to hang by a saddel pomel Collaterall is used in the Common law for that which commeth in or is adhering of the side as collaterall assurance is that which is made over and beside the deed it self For example if a man covenant with another and enter bond for the performance of his covenant the bond is termed collaterall assurance because it is externall and without the nature and essence of the covenant And Crompt Jurisd fol. 185. sayeth that to be subject to the fee ding of the Kings Deer is collaterall to the spoyl within the Forest in the like manner may we say That the liberty to pitch booths or standings for a Fair in another mans ground is collaterall to the ground The private woods of a Common person within a Forest may not bee cut without the Kings licence For it is a prerogative collaterall to to the soil Manwood parte 1. of his Forest laws p. 66. Collaterall warranty see Warranty Collation of benefice collatio beneficii signifieth properly the bestowing of a Benefice by the Bishop that hath it in his own gift or patronage and differeth from Institution in this for that institution into a benefice is performed by the Bishop at the motion or presentation of another who is patron of the same or hath the Patrons right for the time Extra de institutionibus De concessione praebendarum c. And yet is collation used for presentation anno 25 Edw. 3. stat 6. Collatione fact a uni post mortem alterius c. is a writ directed to the Justices of the Common Plees commanding them to direct their writ to a Bishop for the admitting of a Clerk in the place of another presented by the King that during the sute between the King and the Bishops Clerk is departed For judgment once passed for the Kings Clerk and he dying before he be admitted the king may bestow his presentation upon another Regist orig fol. 31. b. Collatione heremitagii is a writ whereby the king conferreth the keeping of an Ermitage upon a Clerk Register orig fol. 303 308. Colour color signifieth in the Common law a probable plee but in truth
more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a VVrit of entry in le per and a VVrit in the third degree is called a VVrit of entry in le per cui and the fourth form without these degrees is called a VVrit of entry in le postâ—â— that is to say 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 The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille definet pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem aut matrem avunculum vel amitam vel cognatum avum vel proavum dicts Petri qui dictum manerium dimisit pro termino qui est elapsus The third form is such Praecipe Johanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talâ—s pater vel mater vel alius antecessor aut cognatus idem dimisit cujus haeres est ipse Petrus pro termino qui est elapsus And the form without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic ut supra cujus haeres ille est inde fecit pro termino qui est elapsus And in those four degrees be comprehended all manner Writs of entry which be without certainty and number Thus farre Britton by whom you may perceive that those words solet debet and also those other words in le per in le per cui and in le post which we meet with many times in books shortly and obscurely mentioned do signifie nothing else but divers forms of this Writ applyed to the case whereupon it is brought and each form taking his name from the said words contained in the Writ And of this read Fitzh in his nat br fol. 193. 194. This VVrit of entry differeth from an Assise because it lyeth for the most part against him who entred lawfully but holdeth against Law whereas an Assise lyeth against him that unlawfully disseised yet sometime a VVrit of entry lyeth upon an entrusion Regist orig fol. 233. b. See the new book of Entries verbo Entre brevis fol. 254. colum 3. I read of a VVrit of entry in the nature of an Assise Of this VVrit in all his degrees read Fleta lib. 5. cap. 34. sâ—q Entrusion Intrusio in our Common law signifieth a violent or unlawfull entrance into Lands or Tenements being utterly void of a possessor by him that hath no right nor spark of right unto them Bracton lib. 4. cap. 2. For example if a man step in upon any Lands the owner whereof lately dyed and the right Heir neither by himself or others as yet hath taken possession of them VVhat the difference is between Abator and Intrudor I do not well perceive except an Abatour he be that step peth into land void by the death of a Tenent in Fee and an Entrudor that doth the like into lands c. void by the death of the Tenent for Terms of life or yeers See Fitzh nat br fol. 203. F. The author of the new Terms of Law would have abatement Latined Interpositionem aut intro tionem per interpositionem and to be restrained to him that entreth before the Heir after the decease of a Tenent for life though the new book of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitzhâ—nat br fol. 203. Entrusion de gard is a Writ that lyeth where the Infant within age entred into his his lands and holdeth his Lord on t for in this case the Lord shall not have the VVrit De communi custodia But this Old nat br fol. 90. Enure signifieth to take place or effect to be availeable Example A Release shall enure by way of extinguishment Litleton cap. Release And a Release made to a Tenent for Term of life shal inure to him in the Reversion ER Erius alias Iris is the Flower de lyce whose divers kinds you have expressed in Gerards Herbal lib. 1. cap. 34. The root of this is mentioned among Merchandize or Drugs to be garbled anno 1 Jacob. cap. 19. Ermins seemeth to come of the French Ermine i. mus araneus It signifieth a Furre of great price Erminstreat see Watlingstreat Errant Itinerans cometh of the French Error i. errare or the old word Erre i. Iter. It is attributed to Justices of circuit p. cor fol. 15. and Baylifes at large See Justices in Eyr and Baylife See also Eyr Errour Error cometh of the French Erreur and signifieth more specially in our Common law an error in pleading or in the Proces Brook titulo Errour And thereupon the VVrit which is brought for remedy of this oversight is called a VVrit of error in Latine De errore corrigendo thus definedâ— by Fitzh nat br fol. 20. A VVrit of Error is that properly which lyeth to redresse false judgement 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 Plee of debt See the new book of Entries verbo Error or trespasse above the sum of twenty shillings This is borrowed from the French practice which they call proposition d'erreur VVhereof you may read in Gregorius De appellation pag. 36. In what diversity of cases this VVrit lyeth see the Register original in the Table verb. Errore corrigendo and Register judicial fol. 34. There is likewise a VVrit of Errour to reverse a Fine West parte 2. sect symbol titulo Fines 151. Errore corrigendo See Error ES Escawbio is a license granted to one for the making over of a Bill of Echange to a man over Sea Register Original fol. 194. a. Escape escapium cometh of the French eschapper i. aufugere effugere and signifieth in the Law a violent or prive evasion out of some lawful restraint For example if the Sheriff upon a Capias directed unto him take one and indeavour to carry him to the Gaol and he in the way either by violence or by slight break from him this is called an escape pl. cor fol. 70. Many examples might be brought out of him and others but the thing is plain Stawnf lib. 1. cap. 26. pl. cor nameth two kinds of Escapes voluntarie and negligent Voluntarie is when one arresteth another for Felonie or some other crime and afterwards letteth him go whither he listeth In which escape the party that
quinquaginta hidis geldabat And these rates were taken out of Dooms-day in the Eschequer so that this seemed in old time to be a yearly tribute in certaintie whereas now though the rate be certain yet it is not levied but by Parliament See Task See Quinsieme Filazer filazarius cometh of the French Filace i. filum filacium It is an officer in the Common plees whereof there be fourteen in number They make oâ—t all original processe as well real as personal and mixt and in actions meerly personal where the Defendants be returned or summoned there goeth out the distresse infinite until appearance If he be returned Nihil then Processe of Capias infinite if the Plaintiff will or after the third Capias the Plaintiff may go to the Exigenter of the Shire where his Original is grounded and have an Exigent or proclamation made And also the Filazer maketh forth all Writs of view in causes where the view is prayed he is also allowed to enter the imparlance or the general issue in common actions where appearance is made with him and also judgement by confession in any of them before issue be joyned and to make out Writs of Execution thereupon But although they entred the issue yet the Protonotary must enter the judgment if it be after Verdict They also make Writs of Supersedeas in case where the Defendant appeareth in their offices after the Capias awarded Filctale see Sothale File Filacium is a thread or wyer whereon Writs or other Exhibits in Courts are fastned for the more fafe keeping of them Finders anno 18 Edw. 3. stat 1. cap. unico anno 14 Rich. 2. cap. 10. seem to be all one with those which in these dayes we call Searchers Fine finis cometh of the French fin i. finis and hath divers applications in our Common law sometimes being used for a formal or ceremonious conveyance of Lands or Tenements or as West saith titulo Fines sect 25. of any thing inheritable being in esse tempore finis to the end to cut off all controversies West parte 2. symbol sect 1. defineth a Fine in this signification covenants made before Justices and entred of Record And out of Glanvile thus lib. 8. cap. 1. Finis est amicabilis compositio finalis concordia ex consensu licemia Domini Regis vel ejus Justiciariorum And lib. 9. cap. 3. Talis concordia finalis dicitur eo quod finem imponit negetio adeo ut neutra pars litigantium ab eo de â—â—tero poterit recedere And out of Bracton lib. 5. tract 5. cap. 28. num 7. thus Finis ideo dicitur finalis concordia quia imponit finem litibus est exceptio per emptoria The Author of the new Terms of law defineth it to be a final agreement had between persons concerning any Land or rent or other thing whereof any sute or Writ is between them hanging in any Court. See the new Book of Entries verbo Fines This fine is of so high a nature that Bracton lib. 3. cap. 7. num 3. hath these words of it Item immediatè pertinet ad Regem querela finis factae in curia Domini Regis non observata Et est ratio quia nemo potest finem interpretari nisi ipse Rex in cujus curia fines fiunt See also anno 27 Ed. prim stat prim cap. 1. The Civilians would call this solemn contract transactionem judicialem de re immobili because it hath all the properties of a transaction if it be considered in his original use v. Wesemb parat titulo de transact For it appeareth by the Writers of the Common law above named that it is nothing but a composition or concord acknowledged recorded before a competent Judge touching some hereditament or thing immoveable that earst was in controversie between those that be parties to the same concord and that for the better credit of the transaction being by imputation made in the presence of the King because it is levied in his Court and therefore doth it bind Women covert being parties and others whom ordinarily the Law disableth to transact onely for this reason that all presumption of deceipt or evil meaning is excluded where the King is privy to the Act. But discourse of wit and reason hath in time wrought other uses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off Intails and with more certainty to passe the Interest or the Title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much that the passing of a Fine in most cases now is it but mera fictio juris alluding to the use for the which it was invented and supposing a doubt or controversie where in truth none is and so not onely to work a present prescription against the parties to the concord or fine and their Heirs but within five years against all others not ex-expresly excepted if it be levied upon good consideration and without covine as Women covert persons under 21 years or prisoners or such as be out of the Realm at the time when it was acknowledged Touching this matter see the statutes anno 1 Rich. 3. cap. 7. anno 4 H. 7. cap. 24. anno 32 H. 8. cap. 36. anno 31 Eliz. cap. 2. This fine hath in it five essential parts the original writ taken out against the Conizour the Kings License giving the parties liberty to accord for the which he hath a fine called the Kings Silver being accounted a part of the Crowns revenue Thirdly the concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this manner Sc. Inter R. querentem et S. et Euxorem ejus deforciantes c. Fiftly the foot of the fine which beginneth thus Haec est sinalis concordia facta in Curia domini Regis apud West à die Paschae in quindecim dies anno etc. So as the foot of the fine includeth all containing the day year and place and before what Justice the concord was made Coke vol. 6. casu Teye fol. 38 et 39. This fine is either simgle or double A single fine is that by which nothing is granted or rendred back again by the Cognizees to the Cognizours or any of them A double fine containeth a grant render back again either of some rent comon or other thing out of the land or of the land it self to all or some of the Cognizours for some estate limiting thereby many times Remainders to strangers which be not named in the Writ of covenant West ubi supra Sect. 21. Again a fine is of the effect divided into a fine executed and a fine executory A fine executed is such a fine as of his own force giveth a present possession at
and the Statute 31 Elizabeth cap. 5. saith by way of correcting the two former Statutes that all actions c. brought upon any Statute the penalty whereof belongeth to the King shall be brought within two years after the offence committed or else be void And the statute anno 39 Eliz. cap. prim secund saith that actions brought after two years by any common person or after three years by the King alone for decay of husbandry or tillage shall be of no force Whosoever offendeth against any such statute and doth escape uncalled for two years or three years in one case of the two later of these three statutes may justly be said to have prescribed an immunity against that action The like may be said of the statute made anno 23 Elizabeth cap. primo which saith that all offences comprised in that statute made in the 13 year of Elizab. cap. 2. are inquirable before both Justices of peace and of Assise within one year and a day after the offence committed Also the title that a man obtaineth by the passing of five years after a fine acknowledged of any land or tenements may justly be said to be obtained by prescription And whereas the Statute anno 8 R. 2. ca. 4. saith that a Iudge or Clerk convicted for false entring of plees c. may be fined within two years the two years being ended he prescribeth against the punishment of the said Statute and whereas the Statute anno 11 H. 7. saith that he which will complain of maintenance or embracery whereby perjury is committed by a lury must do it within six daies those six daies ended the parties prescribe and whereas the Statute anno 5 Ed. 6. saith that a man being not indicted within 3 months of any offences there mentioned touching Service and Sacraments he shall be clear from thence forward the three months being ended he prescribeth and the same may be said of the Statute anno 5 Ed. 6. cap. 5. which saith that a man shall not be indited of any offence there mentioned touching the decay of tillage after three years And whereas it is ordained by the statute anno 8 H. 6. cap. 9. that those which keep possession of lands by force after 3 years possession held by themselves and their ancestors shall not be subject to the arbitrament of Disseisours there set down I hold this a prescription likewise against those censures v. anno 23 H. 6. cap. 15. Lastly a servant prescribeth liberty after a year Bracton li. 1. ca. 10. nu 3. and the right that is gotten in any Stray to a Lord of a manor no man claiming it within the year and day after proclamation made is an usucapion or prescription See Action perpetual and temporal And see Cromptons Justice of peace fol. 173. b. ubi habebis festum But see one rule for all in Lam. Eirenarch lib. 4. cap. 5. pag. 469. Of this prescription and the learning touching the same you may read a solemn report in S. Edwards Cooks Luttrels case vol. 4. f. 84. b. seq Presentation Praesentatio is used properly for the act of a patron offering his Clerk to the Bishop to be instituted in a benefice of his gift the form whereof see in the Register original fol. 322. a. Presentment is a meer denunciation of the Iurors themselves or some other Officer as Iustice Constable Searcher Surveyours c. without any information of an offence inquirable in the Court whereunto it is presented See Lamberd Eirenarcha lib. 4. cap. 5. pag. 467. President praeses is used in the Common law for the Kings Lieutenant in any Province or Function as President of Wales of York Barwick Presient of the Kings Councel Anno 22 Hen. 8. cap. 8. anno 24 Hen. 8. cap. 3 14. Preignotary Protonotarius is a word that seemeth to be made either of two French words prime or primâ—er i. primus and Notaire i. Notarius tabellio Or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borrowed from the later Romans who made his name of half Greek and half Latine viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is used in our Common law for the chief Clerks of the Kings Courts whereof three be of the Common plees and one of the Kings Bench. For the Pregnotary of the Common plees anno 5 H. 4. cap. 14. is tearmed the chief Clerk of that Court He of the Kings Bench recordeth all actions civil sued in that Court as the Clerk of the Crown-office doth all criminal causes Those of the Common plees do enter and inroll all manner of Declarations pleadings assises and judgements and all actions the same term that the apparence is made Also they make out all judicial writs as the Venire facias after issues joyned and Habeas corpus for the bringing in of the Jury after it is returned upon the Venire facias They also make forth writs of executions and of seisin writs of Supersedeas for appearance to Exigents as well as the Exigents and writs of privileges for removing of causes from other inferiour Courts of Record in case where the party hath cause of privilege Also writs of Procedendo of Scire facias in all cases and writs to enquire of dammages and all process upon prohibitions and upon writs of Audita quaerela and false judgement Finally they inroll all Recognisances acknowledged in that Court and all common Recoveries and may make exemplifications of any record the same term before the roles be delivered from them Prender commeth of the French trendere i. accipere acceptare capere prehendere It signifieth in our Common law sometime a power or right to take a thing before it be offered as such things as lye in Prender or such as lye in render West parte 2. titule Fines Sect. 126. where you have these words If the Lord grant the services of his Tenent by fine or otherwise the Lord before atturnment shall have such things as lye in Prender as the ward of the body of the heir and of the Land escheats c. but not such things as lye in render as rents and reliefs heriots and other services For he cannot avow for them before the attournment Prender de Baron signifieth literally in barbarous French to take a Husband But it is used in our Common law as an exception to disable a woman from pursuing an Appeal of murder against the Killer of her former Husband Stawnf pl. cor lib. 3. cap. 59. The reason whereof whether it be because by her second mariage she may justly be thought to have given up the interest she had in her former husband or for that she is now covert again or for both I leave to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantively the taking of the profits See Cromptons jurisdict folio 185. See Pernour of profits Prest is used for some
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
may without absurdity be said to proceed from the French bouter i. ponere apponere impellere propellere It signifieth in our common Law as much as to encourage or set on The substantive abetment abettum is used for an incouraging or setting on Stawnf pl. cor fol. 105. And also abettour for him that encourageth or setteth on Old nat br fol. 21. But both verb and noun is alwaies used in the evill part Abishersing according to Rastall in his Abridgement titulo Exposition of law words is to be quit of amerciaments before whomsoever of transgression The Author of the new tearms calleth it otherwise Mishersing and saith it is to be quit of amerciaments before whomsoever of transgression prooved I am of opinion that the word original signifieth a forfeiture or an amerciament and that it is much transformed in the writing by misprision and ignorance of Clarks thinking it very probable that it proceedeth from the German verb Beschetzen which is as much as fisco addicere vel confiscere It seemeth by the former Authors to be tearmed a freedome or liberty because he that hath his word in any Charter or Grant hath not only the forfeitures and amerciaments of all others within his fee or transgressions but also is himself free from all such controll of any within that compass Abjuration abjuratio signifieth in our common law a sworn banishment or an oath taken to forsake the Realm for ever For as Stawnf pl. Cor. lib. 2. ca. 40. saith out of Polydore Virgils 11 book of Chronicles the devotion toward the Church first in Saint Edward a Saxon King and so consequently in all the rest untill anno 22 Hen. 8. was so earnest that if a man having committed felony could recover a Church or Church-yard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their comming or to their Coroner before them or him give his oath finally to forsake the Realm Of this you may read a touch an 7 Hen. 7. cap. 7. But the form and effect of this you may have in the old Abridgement of Statutes titulo Abjuration nu 3. taken out of the antient Tractate intituled De officiis Coronatorum as also in Cromptons Tractate of the Office of the Coroner fo 260. b. and in the new Book of Entries verbo Abjuration and in Andrew Horus Mirrour of Justices lib. 1. cap. del Office del Coroner This part of our Law was in some sort practised by the Saxons as appeareth by the Laws of King Edward set out by Master Lambert num 10. but more directlie by the Normans as is evident by the grand Custumary ca. 24. where you have these words in effect He that flieth to a Church or holy place may stay there for eight daies and at the ninth day he must be demanded whether he will yeeld himself to secular justice or hold him to the Church for if he will he may yeeld himself to the lay Court If he cleave to the Church he shall foreswear the Countrie before the Knights and other people of credit which may witness the act if need require The form of the Oath is likewise there set down with the rest of the proceeding in this matter very agreeable with ours This mercy as well of the Saxons as Normans derived unto us something resembleth that of the Roman Emperors towards such as fled to the Church lib. 1. Co. titulo 12. or to the images of themselves eodem titulo 25. And also that of Moses touching the Cities of refuge Exod. cap. 21. vers 13. Num. ca. 15. vers 6 11 12. Deut. 19. vers 2. Josh 20. vers 2. But as it was in our Ancestors daies larger by great oddes in this Realm so had it less reason as may appear to all that will compare them Of all circumstances belonging to this abjuration you may futher read the new Tearms of law Stawnford ubi supra and such others But this grew at the last upon good reason to be but a perpetual confining of the offender to some Sanctuary wherein upon abjurarion of his liberty and free habitations he would choose to spend his life as appeareth an 22 Hen. 8. cap. 14. And this benefit also by other Statutes is at the last wholly taken away So that abjurati on at this day hath place but in few places And if it be inflicted upon any it is not a confining to a Sanctuary for there be no Sanctuaries remaining amongst us but a sworn banishment of the Kings Dominions This the Civilians call exilium or deportatinem li. 28. Digest tit 22. de interdictis relegatis deportatis Abridge abbreviare commeth of the French abreger and in one generall language signifieth as much as to make shorter in words holding still the whole substance But in the Common law it seemeth at the least for the most part to be more particularly used for making a declaration or count shorter by subtracting or severing some of the substance therein comprised As for example a man is said to abridge his plaint in an Assise or a woman her demaund in an action of Dower that hath put into the plee or demand any land not in the tenure of the tenant or defendant and finding that by his answer raseth those parcels out of the plee praying answer to the rest So that here Abridger is not contrahere but rather subtrahere Tearms of the Law Brook titulo Abridgement and an 21 Hen. 8. ca. 3. Of this the Civilians have no use by reason of certain cautelous clauses they ordinarily have at the end of every position or article of their libel or declaration to this effect ponit conjunctim divisim et de quolibet et de tali et tanta quantitate vel summa qualis quanta per confessionem partis adversae vel per probationes legitimas in fine litis apparebit And again in the conclusion of all Non astringens se ad singula probanda sed petens ut quatenus probaverit in praemissis aut eorum aliquo eatenus obtineat by vertue of which clauses the Plaintiff faileth not in the end by any over or under demand neither is driven to begin his Action again but obtaineth for so much as he proveth to be due though not to the height of his demand Abridgement abbreviamentum see Abridge AC ACcedas ad curiam is a Writ that lyeth for him who hath received false judgement in a Court Baron being directed to the Sheriff as appeareth by Dyer f. 169. nu 20. Like as the writ De falso judicio lyeth for him that hath received false judgement in the County Court the form whereof you may see in Fitz. nat br fol. 18. d. in the Register fol. 9. b. where it is said that this writ lyeth for Justice delayed as well as falsly given It is a species of the writ called Recordare Register original fol. 5. b. and Fitz.
the same signification See Advowzen and Avowè AE Aetate probanda is a Writ that the Kings Tenent holding in chief by Chivalry and being Ward by reason of his nonage obtaineth to the Eschetour of the County where he was born or some time where the Land lyeth to inquire whether he be of full age to have delivery of his Lands in his own hand Register orig fol. 294. 295. Fitzh nat br fo 253. who also fo 257. saith that this Writ is sometime directed to the Sheriff to empanell a Jury for this is inquiry against a day certain before Commissioners authorized under the broad Seal to deal in such a cause Aerie of Coshawkes aeria accipitrum commeth from the French aiere signifying so much as par in Latine or a pair in English For the French-man saying that one is un houme de boun aiere signifieth that he commeth of a good Paire that is a good Father and a good Mother It is in our Language the proper word in Hawks for that we generally call a nest in other birds So it is used anno 9 H. 3. c. 13. in the Charter of the Forest and in divers other places AF Affeerours afferatores aliâs affidati may probably be thought to proceed from the French affier i. confirmare affirmare It signifieth in our Common Law those that be appointed in Court-leets c. upon Oath to mulct such as have committed faults arbitrably punishable and have no express penalty set down by Statute The form of their Oath you may see in Kitchin fol. 46. The reason of this appellation may seem to be Because they that be appointed to this Office do affirm upon their Oaths what penalty they think in Conscience the Offendour hath deserved It may likewise probably be thought that this commeth from feere an old English word signifying a Companion as gefera doth amongst the Saxons by M. Lamberdâ— testimony verbo contubernalis in his explication of Saxon words And so it may be gathered that M. Kitchin taketh it ca. Amercements fo 78. in these words Mas file amercement soit affire per pares where pares be put for Affeerors And there may be good reason of this because they are in this business made companions and equals You shall find this word used anno 25 Ed. 3. st 7. viz. And the same Justices before their rising in every Sessions shall cause to be affeered the amercements as pertaineth and also to the same effect anno 26 H. 8. cap. 6. Kitchin fo 78. joineth these 3 words together as synonyma Affidati amerciatores affirours Affidare in the Canon law is used for fidem dare ca. fina de cognatio spiritua in Decretal ca. super â—o de testibus Bracton hath Affidare mulierem for to be betrothed to a Woman li. 2. cap. 12. But I find in the customary of Normandy ca. 20. this word affeurer which the Latine Interpretour expresseth by taxare that is to set the price of a thing as aestimare indicare c. which Etymologie of all the other pleaseth me best leaving every man to his own Judgement Affirme affimare commeth either of the Latine or French affirmer it signifieth in our Common law as much as to ratifie or approve a former Law or Judgement So is the Substantive affirmance used anno 8. H. 6. c. 12. And so is the verb it self by M. West parte 2. symbolai titule Fines sect 152. And if the Judgement be affirmed c. as also by M. Crompton in his divers Jurisd fo 166. Afforest afforestare is to turn ground into Forest Charta de foresta c. 1. 30. an 9 H. 3. What that is look more at large in Forest Affray affreia commeth of the French affraier i. horrificare terrere it signifieth in our Common law a Skirmish or fighting between two or more M. Lambert in his cirenarcha lib. 2. cap. 3. saith that it is oftentimes confounded with an assault but yet he is of opinion that they differ in this that where an assault is but a wrong to the Party an affray is a common wrong and therfore both enquirable and punishable in a Leet It might be said likewise that an assault is but of one side and an affray of two or more I think this word affray to be two waies used one as I have already described it another for a terror wrought in the subject by any unlawfull sight of violence or armor c. tending toward violence For so is it used an 2. Ed. 3. cap. 3. AG Age atas commeth from the French aage and signifieth in our Language that part of mans life which is from his birth unto his last day But it is in the Common Law particularly used for those especial times which enable men or women to do that which before for want of age and so consequently of Judgement they might not do And these times in a man be two in a woman six The age of 21 years is termed the full Age in a man the age of fourteen years the age of discretion Littleton lib. 2. cap. 4. In a Woman there are six several ages observed that severally enable her to do six several things Broke Gard. 7. First at 7 years of age the Lord her Father may distrain his Tenents for aid to mary her for at those years she may consent to matrimonie Bracton lib. 2. cap. 36. nu 3. Secondly at the age of nine years she is dowable for then or within half a year after is she able promereri dotem virum sustinere Fleta lib. 5. cap. 22. Littleton lib. prim cap. 5. which Bracton loco citato doth notwithstanding limit at 12 years Thirdly at twelve years she is able finally to ratifie and confirm her former consent given to Matrimony Fourthly at fourteen years she is enabled to receive her Land into her own hands and shall be out of Ward if she be of this age at the death of her Ancestor Fiftly at sixteen years she shall be out of Ward though at the death of her Ancestor she was within the age of fourteen years The reason is because then she may take a Husband able to perform Knights-service Sixtly at 21 years she is able to alienate her Lands and Tenements Instit jure com cap. 24. Touching this matter take further these notes perspicuously gathered At the age of fourteen years a Striplin is enabled to chuse his own Guardian and to claim his Land holden in socage Dyer fol. 162. which Bracton limiteth at fifteen years li. 2. cap. 37. num 2. with whom Glanvile also agreeth lib. 7. ca. 9. And at the age of fourteen years a Man may consent to mariage as a Woman at twelve Bracton ubi supra At the age of fifteen years a man ought to be sworn to keep the Kings peace anno 34 Ed. 1. Stat. 3. The age of 21 years compelleth a man to be Knight that hath twenty pounds Land per annum in fee or for term of
hujusmodi ligna verò lapides brusuras orbes â—ctus qui judicari non possunt ad plagam ad hoc ut inde veniri possit ad duellum Armor arma in the understanding of our Common law is extended to any thing that a man in his wrath or fury taketh into his hand to cast at or strike another Crompton Justice of Peace fo 65. a. So armorum appellatio non utique scuta gladios galeas significat sed fustes et lapides lib. 42 Ï€. de verbo significatione Array arrâ—ia alias arraiamentum commeth of the French Array i. ordo which is an old word out of use Or it may be may be well deduced from raye i. linea It signifieth in our Common Law the ranking or setting orth of a Jury or enquest of men impannelled upon a Cause a. 18 H. 6. c. 14. Thence is the verb to array a panel Old N. B. fo 157. that is to set forth one by another the men impannelled The array shall be quashedi Old Nat. Br. fo 157. By Statute every array in assise ought to be made four daies before Br. tâ—â— Panel nu 10. to challenge the array Kitchin fol. 92. Arrayers seemeth to be used in the Statute an 12 R. 2. c. 6 for such Officers as had care of the Souldiers armour to see them duly appointed in their kinds Arraine arraniare commeth of the French arranger i. astituere ordinare that is to set a thing in order in his place and the same signification it hath in our Common law For example he is said to arrain a Writ of Novel disseisin in a County that sitteth it for Tryal before the Justices of the Circuit Old nat brev fo 109. Littleton fo 78. useth the same word in the same sence viz. the Lease arraineth an assise of Novel disseisin Also a Prisoner is said to be arrained where he is inindicted and brought forth to his Tryal Arrained within the Verge for murther Stawnf pl. cor fol. 150. The course of this arrainment you may read in Sir Tho. Smith de rep Angl. l. 2. c. 23. Arrearages arreragia commeth of the French arrierages i. reliqua It signifieth the remain of an Account or a sum of Mony remaining in the hands of an Accountant It is used sometimes more generally for any mony unpaid at a due time as arrerages of rent That this word is borowed from France it appeareth by Tiraquel de utroque retractu tomo 3. p. 32. num 10. Arrest arestum commeth of the French arrester i. retinere retare subsistere or rather it is a French word in it self signifying a setling stop or stay and is metaphorically used for a decree or determination of a cause debated or disputed to and fro as arrest du Senat i. placitum curiae In our Common law it is taken most of all for a stay or stop as a man apprehended for debt c. is said to be arrested To plead in arrest of Judgement is to shew cause why judgement should be staid though the verdict of the twelve be passed To plead in arest of taking the enquest upon the former issue is to shew cause why an enquest should not be taken c. Brook tit Repleader Take this of the learned Master Lambert in his Eirenarch lib. 2. c. 2. p. 94. Budae saith he in his Greek Commentaries is of opinion that the French word Arrest which with them signifies a decree or judgement of Court took beginning from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. placitum and as we might say the pleasure and will of a Court. And albeit it were not out of the way to think that it is called an Arrest because it stayeth or arresteth the party yet I believe rather that we receive the same from the Norman laws because we use it in the same sence with them For commonly with us an arrest is taken for the excution of the Commandement of some Court or of some Officer in justice But howsoever the name began an arrest is a certain restraint of a mans person depriving him of his own will and liberty and binding it to become obedient to the will of the Law and it may be called the beginning of imprisonment Precepts and Writs of the higher Courts of Law do use to express it by two sundry words as capias and attachies which signifie or take to catch hold of a man But this our Precept noteth it by the words ducifacias that is cause him to be conveyed c. For that the Officer hath after a sort taken him before in that he commeth unto him and requireth him to go to some Justice of the Peace Thus far M. Lambert And belike this word is spread farther than France for Gaile a German Writer sheweth by his Tractate de arrestis imperii that it is used also in the imperial Territories and in the same signification c. 1. n. 1. Arrestandis bonis ne dissipentur is a Writ which lyeth for him whose Cattel or Goods are taken by another that during the controversie doth or is like to make them away and will be hardly able to make satisfaction for them afterward Reg. orig fo 126. b. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium regis c. is a Writ that lyeth for the apprehension of him that hath taken prest mony toward the Kings wars and lyeth hidden when he should go Register orig 24. b. Arresto facto super bonis mercatorum alienigenorum c. is a Writ that lyeth for a Denizen against the Goods of Strangers of any other Country found within the Kingdom in recompence of Goods taken from him in the said Country after he hath been denied restitution there Reg. orig fo 129. a. This among the antient Civilians was called clarigatio now barbarously represaliae Arretted arrectatus is he that is covenanted before a Judge and charged with a crime Stawn pl. cor li. 2.45 quasi ad rectum vocatus It is used sometime for Imputed or laid unto as no folly may be arrected to him being under age Littleton cap. Remitter The Latine Substantive Rettum is used in the Register orig Chawcer useth the verb Arretteth id est layeth blame as M. Speight interpreteth it I may probably conjecture that this word is the Latine Rectum For Bracton hath this phrase ad rectum habere malefactoremi i. to have the Malefactor forth comming so as he may be charged and put to his Tryal lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis i. charged with the death of a man codem c. 2. n. 3. Articles of the Clergy articuli Cleri be certain Statues made touching persons and causes Ecclesi astical an 9 E. 2. like unto which there were others made an 14 E. 3. stat 3. AS Assay of measures and weights assais mensurarum ponderum Reg. orig fo 279 is the examination used by the Clark of the
take their bodies c. In which place an Attachment is plainly used for an apprehension of an Offender by his goods So that to conclude I find no difference between an Attachment and a Distress but these two 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 the places formerly alleged and by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. seq 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 is the taking of another mans goods for some real cause as rent service or such like whereby to drive him to replevy and so to be Plaintiff in an action of Trespass against him that distreined him And so much for the difference and coherence of these words See also Distress I find in West parte 2. symbolaio titulo Proceedings in Chancery sect 22 23. that Attachment out of the Chancery is two-fold one simple and originally decreed for the apprehension of the party the other after return made by the Sheriff Quod defendens non est inventus in Baliva sua with Proclamations made through the whole County in such places as he shall think meet that the party appear by a day assigned and that he be attatched nevertheless if he may be found This second kind hath an affinity with the Canonists viis modis at the which if the Party appear not he is excommunicate or with the Civilians viis modisunà cum intimatione for in the Chancery if he come not upon this he is forthwith pressed with a Writ of rebellion There is an attachment of Privilege which is a power to apprehend a man in a privileged place or else by vertue of a mans privilege to call another to this or that Court whereunto he himself belongeth and in respect whereof he is privileged New book of Entries verbo Privilege fo 431. col 2. There is also a forein attachment which is an attachment of a Foreiners goods found within a Liberty or City to satisfie some Creditor of his within the City There is also an attachment of the Forest which is a Court there held For as M. Manwood saith in his first Book of forest Laws pag. 90 62 99. there be three Courts of the Forest where the lowest is called the attachment the mean the swaynemote the highest the Justice seat in Eyr This Court of attachment seemeth so to be called because the Verderours of the Forest have therein no other authority but to receive the attachments of Offendours against vert and venison taken by the rest of the Officers and to enroll them that they may be presented and punished at the next Justice-seat Manwood parte 1. pag. 93. And this attaching is by three means by Goods and Cattels by Body Pledges and Mainprise or by the body only The Court is kept every fortie daies throughout the year And he that hath occasion to learn more of this I refer him to M. Manwood loco quo supra and to M. Crompton in his Court of the Forest Attachment is commanded in Writs the diversitie whereof you may see in the Regist orig under the word Attachiamentum in Indice At large see Assise at large in the word Assise and Old nat br fol. 105. Verdict at large Littleton fo 98. To vouch at large Old nat br fol. 108. To make title at large Kitch f. 68. See Barre Attaine attincta commeth of the French as you shall see in the word attainted But as it is a Substantive it is used for a Writ that lyeth after Judgement against a Jury that hath given a false verdict in any Court of Record be the action real or personal if the debt or dammages surmount the sum of 40 s What the form of the Writ is and how in use it is extended Fitz. nat br f. 105. and the new Book of Enteries f. 84. colum 1. The reason why it is so called seemeth to be because the party that obtaineth it endeavoureth thereby to touch deprehend or stain the Jury with perjury by whose verdict he is grieved What the punishment of this perjury is or of him that bringeth the Writ against the Jury if he fail in his proof see Glanvil lib. 2. cap. 19. Fitz. nat br fol. 109. K. L. 110. A. B. C. D. c. the Terms of the Law verb. Attaint Fortescue cap. 26. Smith de rep Anglo lib. 3. cap. 2. and anno 11 H. 7. cap. 21. anno 23 H. 8. cap. 3. and others In what diversity of Cases this Writ is brought see the Register orig in Indice Attainted attinctus commeth of the French temdre i. tingere the Participle whereof is teinct i. tinctus or else of attaindre i. assequi attingere It is used in our Common law particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Howbeit a man is said to be attainted of Disseisin Westm 1. cap. 24 36. anno 3 Ed. 1. And so it is taken in French likewise as estre attaint vayncu en aucuncas is to be cast in any cafe Which maketh me to think that it rather commeth from attaindre as we would say in English catched overtaken or plainly deprehended And Britton cap. 75. useth the Participle attaint in the sence that we say attained unto A man is attainted by two means by Appearance or by Proces◠Stawnf pl. cor fol. 44. Attainder by Appearance is by confession by battel or by verdict idem fo 122. Confession whereof attaint groweth is double one at the Bar before the Judges when the Prisoner upon his endictment read being asked guilty or not guilty answereth guilty never putting himself upon the verdict of 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 kind also of the effect is called attainder by abjuration Idem fol. 182. Attainder by battel is when the party appealed by another and chusing to try the truth by combat rather than by Jury is vanquished Idem fol. 44. Attainder by verdict is when the Prisoner at the bar answering to the endirement not guilty hath an enquest of life death passing upon him is by their verdict or doom pronounced guilty Idem fol. 108. 192. Attainder by Process otherwise called attain der by default or attainder by outlagary is where a Partie flyeth and is not found untill he have been 5 times called publickly in the County and at the last out-lawed upon his default Idem f. 44. Ifind by the same Author f. 108. that he maketh a difference between Attainder and Conviction in these words And note the diversity between Attainder and Conviction c. And with this
2. ca. 11. and by anno 5 R. 2. statut 2. ca. 4. it may be probably conjectured that they were antiently called by summons to the court of Parliament And anno 13 R. 2. stat 2. ca. 1. we find That a Baneret for praying a pardon for a murtherer contrary to that statute is subject to all one punishment with a Baron Johan Gregorius Tholosanus li. 6. ca. 10. sui syntagmatis num 9. hath these words In Gallia sunt duae species affines nobilium feudorum quas dicunt de Benneretz Barons bennerettus jure suae dignitatis antequam talis dici mereatur nobilis esse debet genere in quarto gradu possidens in ditione decem scutarios bachalarios armorum id est decem vasallos habens sufficiens patrimonium quo possit secum ducere quatuor aut quinque nobiles comites continuos cum equitibus duodecim aut sexdecim Fit autem Benneretus cùm princepts jusmodi personae concedit vexilli jus ex vexillo peditum in acie vel extra die solenni sacris peractis adimit acumina Vocant la queve de pennon fitque labarum i. equitum vexillum vocant cornette eumque equitem facit si jam non est Quòd si ditior his fiat benneretus et habet unam be neretam aut sex equites bachalarios qui possideant singuli in censum sexcent as libras ex ejus ditione seu feudo tunc possunt ex licentia principis baronis nomen sibi adsciscere Bans bannus vel bannum signifieth a publique notice given of any thing The word is ordinary among the Feudists and grown from them to other uses as to that which we here in England call a proclamation whereby any thing is publikely commanded or forbidden Vincentius de Franchis descis 521. 360. Hottoman verbo bannus in verbis feudalibus saith that there is both bannus and bannum and that they signify two divers things His words are these Bannus sive bannū duo fignificat Edictū qua die vasalli equis armisque instructi ad commitatum adesse debent et sanctionem hoc est mulctam edicto non parentis which he confirmeth by divers authorities This word bans we use here in England especially in the publishing of matrimonial contracts in the Church before mariage to the end that if any man can say against the intention of the parties either in respect of kindred or otherwise they may take their exception in time And in the Canon law Banna sunt proclamationes sponsi et sponsae in ecclesiis fieri solitae ca. 27. extra de sponsal et ca. ult qui matrimonium accus pos ca. ult de clan despons Yet our word Banuing seemeth to come thence being nothing but an exclamation of another Only Bracton once maketh mention of Banuus Regis for a proclamation or silence made by the Cryer before the congresse of the Champions in a Combat Lib. 3. tract 2 cap 21 Bank bancus commeth of the French Banque i. mensa In our Common Law it is most usually taken for a seat or bench of judgement as bank le Roy the Kings bench bank de Common plees the Bench of Comōnplees or the Common Bench Kitchin f. 102. called also in Latine bancus regius bancus communium placit Crompt juris fo 67 91. Camden in his Britannia pag. 112. 113 in meo calleth them also Bancum regium et Bancum communem See Frank bank Bankrupt alias brankrout commeth of the French banque route and faire banqueroute with the French is as much as foro cedere solum vetere with the Romanes The composition of the French word I take to be this banque i. mensa et route i. vestigium metaphorically taken from the sign left in the earth of a table once fastned unto it and now taken away So that the originall seemeth to have sprung from those Roman mensarii which as appeareth by many writers had their tabernas et mensas in certain publique places wherof when they were disposed to fly an deceive men that had put them in trust with their monies they left but the signes or carkasses behind them I know that others of good learning and M. Skene for one bring this à banco rupto but the French word worketh in me this other opinion for after their sense the French should rather be banque rompu Bankerupt with us signifieth him or his act that having gotten other mens goods into his hands hideth himself in places unknown or in his own private house not minding to pay or restore to his creditours their duties anno 34 Hen. 8. cap. 4. where the French phrase Faire banque route is translated to the word to make Bankrupt A Bankrupt anno 1 Jacobi ca. 15. is thus described All and every such person and persons using or that shall use the trade of merchandise by way of bargaining exchange bartery chevisance or otherwise in grosse or by seeking his her or their trade of living by buying and selling and beeing a subject born of this realm or any the kings dominions or Denizen who at any time since the first day of this present Parliament or at any time hereafter shall depart the realm or begin to keep his other house or houses or otherwise to absent him or her self or take Sanctuarie or suffer him or her self willingly to be arrested for any debt or other thing not grown or due for money delivered wares fould or any other just or lawful canse or good consideration or purposes or hath or will suffer him or her self to be outlawed or yeeld him or herself to prison or willingly or fraudulently hath or shall procure him or her self to be arested or his or her goods money or chattels to be attached or sequestred or depart from his or her dwelling-house or make or cause to be made any fraudulent grant or conveiance of his her or their lands tenements goods or chattels to the intent or whereby his her or their creditours being subjects born as aforesaid shall or may be defeated or delayed for the recovery of their just and true debt or being arrested for debt shall after his or her arrest lye in prison six moneths or more upon that arrest or any other arrest or detention in prison for debt and lye in prison six moneths upon such arrest or detention shall be accounted and adjudged a Bankrupt to all intents and purposes Banishment ex lium abjuxatio cometh of the French bannissement hath a signification known to every man But there be two kinds of Banishment in England one voluntary upon oath whereof you may read Abjuration the other upon compulsion for some offence or crime as if a lay-man succor him that having taken Sanctuary for an offence obstinately refuseth to abjure the Realm he shall lose his life and member if a Clerk do so he sholl be banished Stawnf pl. cor fol. 117. This punishment is also of our modern Civilians
writ of errour be not suffered to remove his goods untill the errour be tried Register orig fo 131. b. Borow burgus vel burgum may either come from the French burg i. pagus or from the Saxon borhoe i. vadium pignus It signifieth here in England a corporate Town that is not a City anno 2 Ed. 3. ca. 3. namely all such as send Burgesses to the Parliament the number whereof you may see in M. Cromptons jurisd fo 24. It may probably be thought that it was antiently taken for those companies consisting often families which were combined to be one anothers pledge or borhoe See Bracton li. 3. tractat 2. a. 10. See Headborow and Borowhead and M. Lamberd in the duties of Constables pag. 8. Lynwood upon the provinciall ut singula de censibus speak to this effect Aliqui interpretantur burgum esse castrum vel locum ubi sunt crebra castra vel dicitur burgus ubisunt per limites habitacula plura constituta Butthen setting down his own opinion he defineth it thus Burgus dici potest villa quaecuâ—que alia à civitate in qua est universitas approba ta And that he provethout of the 11. book of Justinians Codex tit de fund rei privatae 65. l. 6. ejus tituli where burgus is termed corpus Some derive it from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i turris see M. Skene de verbo sign verbo Borghe The late author M. Verstegan in his restitution of decayed intelligences saith that burg or burgh wherof we say yet Borough or Bourrow metaphorically signifieth a Town having a wall or some kind of closure about it also a Castle All places that in old time had among our ancestors the name of Borrough were places one way or other fenced or fortified Bordlands signifie the demesnes that Lords keep in their hands to the maintenance of their bord or table Bract. li. 4. tractat 3. ca. 9. nu 5. Borrowhead aliâs Headborow capitalis plegius by M. Lamberds opinion in his treatise of Constables is made up of these two words borhoe i. pledge and head and signifieth a head or chief pledge And in explication of this and other Saxon words of this nature he maketh an excellent rehearsall of some antient customs of England during the reign of the Saxons which you may read This borowhead in short was the head or chief man of the Decurie or Borhoe that there he speaketh of chosen by the rest to speak and to doe in the name of the rest those things that concerned them See Boron-holders Borow-holders allâs Bursholders be quasi borhoe calders signifying the same officers that be called borow-heads Lamb. in the duties of Caustables Bracton calleth them Borghio Aldere li. 3. tractat 2. ca. 10. Borow english is a customary descent of lands or tenements whereby in all places where this custome holdeth lands and tenements descend to the youngest sonne or if the owner have no issue to his youngest brother as in Edmuntan Kitchin fa 102. And the reason of this custome as Lutleton saith is for that the youngest is tresumed in law to bee least able to shift for himself Barow goods divisable I find these words in the Statute of Acton Burnal anno 11 Edw. 1. statuto unico and dare not confidently set down the true meaning of them But as before the Statute of 32. 34. H. 8. no lands were divisable at the Common law but in antient baronies so perhaps at the making of the foresaid Statute of Acton burnel it was doubtfull whether goods were devisable but in antient borrowes For it seemeth by the writ de rationabili parte bonorum that antiently the goods of a man were partible between his wife and children Bote signifieth compensation Lamb. explication of Saxon words Thence commeth manbote aliâs monbote that is compensation or amends for a man slain which is bound to another For farther understanding whereof it is to be seen in K. Inas laws set out by M. Lamberd ca. 96. what rate was ordained for the expiation of this offence See Hedgebote Plowbote Howsebote and read M. Skene de verbo signif verbo Bote. Boeiler of the King pincerua regis anno 43 Ed. 3. ca. 3. is an officer that provideth the Kings wines who as Fleta li. 2. ca. 21. saith may by vertue of his office out of every ship loaden with sale wines unum dolium eligere in prora navis ad opus regis et aliud in puppi et pro qualibet pecia reddere tantùm 20. solid mercatori Si autem plura inde habere volucrit bene licebie dum tamen precium fide dignorum judicio pro rege apponatur Bow-bearer is an under-officer of the Forest as M. Crompton in his jurisdict fo 201. setteth down sworn to the true performance of his Office in these words I will true man be to the Master Forester of this Forest and to his lieutenent and in the absence of them I shall truely oversee and true inquisition make as well of swornmen as unsworn in every bayliwick both in the North bayl and South bayl of this Forest and of all manner of trespasses done either to vert or venison I shall truly endeavour my self to attach or cause them to be attached in the next court Attachment there to be presented without any concealment had to my knowledge So help me God c. BR Bracton otherwise called Henry of Bracton was a famous Lawyer of this land renowned for his knowledge both in the Common Civill laws as appeareth by his book every where extant He lived in the dayes of Henry the third Stawnf praero f. 5. b. and as some say Lord chief Justice of England Bread of treate and bread of coker anno 51. H. 3. statuto 1. of bread and ale Bred signifieth broad This word Bracton useth li. 3. wact 2. ca. 15. nu 7. proverbially thus to lange and to bred the meaning whereof you may there find word for word it is as we now speak two long and two broad or two in length or two in brea th Brevibus rotulis liberandis is a writ or mandat to a Shyreeve to deliver unto the new Shyreeve chosen in his room the County with the appertinances together with the rols briefs remembrances and all other things belonging to that office Register orig fo 295. a. Bribours cometh of the French bribeur i. mendicus It seemeth to signifie with us one that pilfreth other mens goods anno 28 Ed. 2. stat 1. ca. unico Brief breve cometh from the French bref ou breif i. brevis and in our Common law siggnifieth a writ whereby a man is summoned to answer to any action or more largely any precept of the King in writing issuing out of any Court whereby he commandeth any thing to be done for the furtherance of justice or good order The word is used in the Civil law sometime in the singular number and masculin gender
mans dwelling-house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steal somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offendour be to steal this is like robberie if to murther it differeth not much from murther and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the natural signification of the word is nothing but the robbing of a house but as it is vox artis our Common Lawyers restrain it to robbing a house by night or breaking in with an intent to rob or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Justice of Peace fol. 28. b. and fol. 29 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings Butler by vertue of his office may take of every ship anno 1 H. 8. cap. 5. For the which see more in Botyler C. CA CAblish cablicia among the Writers of the Forest laws signifieth brush wood Manwood parte pag. 84. Cromptons Jurisd fol. 165. Calamus is a cane reed or quill the divers kinds whereof you have set down in Gerards Herbal lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1 Jacobi cap. 19. Calendrin of Worsseds anno 5 H. 8. cap. 4. an 35 ejusdem cap. 5. Cantred is as much in Wales as an Hundred in England For Cantre in the Brittish tongue signifieth centum This word is used anno 28 H. 8. cap. 3. Cape is a writ judicial touching plee of land or tenements so termed as most writs be of that word in it self which carrieth the especiallest intention or end thereof And this writ is divided in Cape magnum cape parvum both which as is before said in Attachment take hold of things immoveable and seem to differ between themselves in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the Tenent to answer to the default and over to the demandant Cape parvum summoneth the Tenent to answer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a judicial and lyeth where a man hath brought a Principe quod reddat of a thing that toucheth plee of land and the Tenant make default at the day to him given in the Writ original then this writ shall go for the King to take the land in o the Kings hands and if he come not at the day given him by the grand Cape he hath lost his land c. A President and form of this writ you may see in the Register judicial fol. 1. b. It seemeth after a sort to contain in it the effect missionis in possessionem ex primo secundo decreto among the Civilians For as the first decree seiseth the thing and the second giveth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the party a farther day of appearance at which if he come not in the land is forfeited Yet is there difference between these two courses of the Civil and Common law first for that missio in possessionem toucheth both mooveable and immooveable goods whereas the Cape is extended onely to immoveable secondly that the party being satisfied of his demand the remanet is restored to him that defaulted but by the Cape all is seised without restitution thirdly missio in possess is to the use of the party agent the Cape is to the use of the King Of this writ and the explication of the true force and effect thereof read Bracton lib. 5. tract 3. cap. 1. num 4 5 6. See Cape ad valentiam Cape parvum in the Old nat br fol. 162. is thus defined This writ lyeth in case where the Tenant is summoned in plee of land and cometh at the summons and his appearance is of record and after he maketh default at the day that is given to him then shall go this writ for the king c. Of this likewise you have the form in the Register judicial fol. 2. a. Why it is called Cape parvum see in Cape magnum Of both these writs read Fleta lib. 6. cap. 44. § Magnum seq Cape ad valentiam is a species of Cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161 162. it is thus defined or described This writ lyeth where any impleaded of certain lands and I vouch to warrant another against whom the summons ad warantizandum hath been awarded and the Shyreeve cometh not at the day given then if the Demandant recover against me I shall have this Writ against the vouchee and shal recover so much in value of the land of the vouchee if he have so much and if he have not so much then I shal have executiō of such lands tenements as descend unto him in fee-simple or if he purchase afterward I shal have against him a resummons if he can nothing say I shall recover the value And note ye that this writ lyeth before apparence Thus farre goeth the book Of these and the divers uses of them see the Table of the Register judiciall verbo Cape Capias is a writ of two sorts one before judgment called capias ad respondendum in an action personal if the Shyreeve upon the first writ of distresse return nihil habet in baliva nostra and the other is a writ of execution after judgment being also of divers kinds viz. Capias ad satisfaciendum Capias pro fine Capias utlagatum Capias utlagatum inquiras de lönis catallis Capias ad satisfacieudum is a writ of execution after judgment lying where a man recovereth in an action personal as debt or dammages or detinue in the Kings Court and he against whom the debt is recovered and hath no lands nor tenements nor sufficient goods whereof the debt may be levied For in this case he that recovereth shall have this writ to the Sheriff commanding him that he take the body of him against whom the debt is recovered and he shall be put in prison until satisfaction be made unto him that recovered Capias pro fine is where one being by judgement fined unto the King upon some offence committed against a statute doth not discharge it according to the judgement For by this is his body taken and committed to prison
until he content the King for his fine Coke lib. 3. fol. 12. a. Capias utlagatum is a word of execution or after judgement which lyeth against him that is outlawed upon any sure by the which the Sheriff upon the receipt thereof apprehendeth the party outlawed for not appearing upon the exigend and keepeth him in safe custodie until the day of return assigned in the writ and then presenteth him unto the Court there farther to be ordered for his contempt Capias utlagatum inquir as de bonis catallis is a writ all one with the former but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body to inquire of his goods and cattels The form of all these writs see in the Old nat br fol. 154. and see the Terms of law verbo Proces Lastly you may find great variety of this kind in the table of the Register judiciall verbo Capias Capias in Wiâ—hernamium de averiis is a Writ lying for Cattel in Withernam Register orig f. 82. 83. see Withernam Capias in Withernamium de bemine is a writ that lieth for a servant in Withernam Register onig f. 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking up of such as having received prest money to serve the King slink away and come not in at their time assigned Register orig fo 191. Captain aliâs capitayne capitaneus commeth of the French capitaine and signifieth with us him that leadeth or hath charge of a company of Souldiers and is either generall as he that hath the governance of the whole host or speciall as he that leadeth one only band The word capitanei in other nations signifieth more generally those that are in Latine called principes or proceres because as Hotteman saith in verbis feudalibus tanquam caput reliquo corpori sic hii reliquis civibus praesunt He divideth them into two sorts and to use his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelliguntur l. 1. feud tit 1. § 1. ti 7. Alii impropriè qui urbium praefecti sunt quibus plebs ab liquo superiorum gubernanda committitur qui vallasoâ—es rigit majores appellantur l. feud tit 1. § 1. tit 7. et tit 17. So we have captaines of Castles here in England and other places as of the Isles of Gersay and Gernsey of the Isle of Wight c. Capite is a tenute which holdeth imâ— ediately of the King as of his crown be it by Knights service or socage Broke tet tenures 46. 94. Dyer fo 123. nu 38. et fo 363. nu 18. and not as of any Honour Castle or Mannor therefore it is otherwise called a tenure that holdeth meerely of the King because as the crown is a corporation and seigneurie in grosse as the Common lawyers term it so the King that possesseth the crown is in account of law perpetually King and never in his minority nor never dieth no more than populus doth whose authoritie he beareth See Fitzh nat br f. 5. F. Note by the way that a man may hold of the King and not in Capite that is not immediately of the crown in grosse but by means of some Honour Castle or Mannor belonging to the Crown whereof I hold my land Wherof Kitchin saith wel that a man may hold of the King by Knights service and yet not in capite because he holdeth happily of some honour by Knights service which is in the Kings hands as by descent from his ancestors not immediatly of the King as of his crown f. 129. with whom agreeth Fitzh nat or f. 5. K. whose words are to this effect So that it plainly appeareth that lands which be held of the King as of an Honour Castle or Mannor are not held in capite of the King because that a writ of right in that case shall be directed to the Bailiff of the Honour Castle or manor c. but when the lands be held of the King as of his Crown then they be not held of Honour Castle or Mannor but meerly of the King as King and of the Kings Crown as of a seigneury of it self in gross the chief above all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. nu 37. Author of the new Terms ver Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hold of the person of the King and not in capite His example is this If the King purchase a mannor that I. S. holdeth the Tenent shall hold as he held before and shall not render livery or primeiâ— seisin nor hold in capite And if the King grant that mannor to W. N. in fee excepting the services of I. S. then I. S. holdeth of the King as of the person of the King and yet holdeth not in capite but as he held before So that by this Book tenure holding of the person of the King and tenure in capite are two divers tenures To take away this difficulty I think M. Kitchin is in that place to be taken as if he said not in capite by Knights service but by socage following 〈◊〉 usuall speech because most commonly where wee talk of tenure in capite wee mean tenure by knights service Carno Cromptons jurisd fol. 191. is an immunitie Carke seemeth to be a quantity of Wool whereof thirty make a Sarpler anno 27 H. 6. ca. 2. See Sarpler Carrack alià s Carrick seemeth to be a ship of burthen so called of this Italian carrico or carco a burthen or charge or the Spanish cargo you have this word anno 2 R. 2. ca. 4. anno 1 Ja. ca. 33. Carroway seeds alià s Carruway seeds semen cari vel carei is a Seed springing of the herb so called of whose operation you may read in Gerards Herball li. 2. cap. 396. It is reckoned among the Merchandise that ought to be garbled anno 1 Jaco ca. 19. Carue of land carrucata terrae commeth of the French charue i. aratrum and with us is a certain quantity of land by the which the Subjects have sometime been taxed whereupon the tribute so levied is called Caruago Caruagium Bracton li. 2. cap. 16. nu 8. It is all one with that which the same Author lib. 2. cap. 17. calleth carucatam terrae For Littleton ca. Teuure in socage saith that haec soca socae idem est quod caruca sc one soke or one plow land Yet one place I find in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time King Henry took caruage that is to say two marks of silver of every Knights fee toward the marriage of his sister Izabell to the Emperour where caruage cannot be taken for a Plow land
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
possession Conspiracie conspiratio though both in Latine and French it be used for an agreement of men to do any thing either good or bad yet in our Lawyers books it is alway taken in the evil part It is defined anno 34 Ed. pri stat 2. to be an agreement of such as do confeder and bind themselves by oath covenant or other aliance that every of them shall bear and ayde the other falsly and maliciously to indite or falsly to move or maintain Plees and also such as cause children within age to appeal men of Felonie whereby they are imprisoned and fore grieved and such as retain men in the Countries with liveries or fees to maintain their malicious enterprises And this extendeth as well to the takets as to the givers And Stewards and Bayliffes of great Lords which by their seignorie office or power undertake to bear or maintain quarrels plees or debates that concern other parties than such as touch the estate of their Lords or themselves anno 4 Ed. 3. cap. 11. anno 3 H. 7. cap. 13. and of this see more anno 1 H. 5. cap. 3. an 18 H. 6. cap. 12. as also in the new book of Entries ver Conspiraey Conspiracie in the places before mentioned is taken more generally is confounded with maintenance and champerty But in a more special signification it is taken for a confederacie of two at the least falsely to endict one or to procure one to be endicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Kings sute is that the party attainted leese his frank law to the intent that he be not empaneld upon Juries or Assises or such like éploiments for the testifying of truth And if he have to do in the Kings Court that he make his Atturney and that his lands goods and chattels be seised into the Kings hands his Lands estreaped if he find no better favour his trees raced and his body committed to prison 27 lib. assis 59. Cromptons Justice of Peace fol. 156. b. This is called villanous judgement or punishment See Villanous judgement But if the partie grieved sue upon the Writ of conspiracy then see Fitzh nat br fol. 114. D. 115. I. Conspiracie may be also in cases of lesse weight Idem fol. 116. A. c. See Frank Law Conspiratione is a Writ that lyeth against conspiratours Fitz. nat br fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable constabularius vel Conestabulis is a Saxon word compounded of cuning or cyng and staple which do signiffe the stay and hold of the King Lamb. duties of Constables num 4. But I have heard it made heretofore of these two words comes stabuli which seemeth to me the more probable because we have this Officer from France as most others and not from the Saxons And Tilius in his Commentaries de rebus Gallicis li. 2. c. de conistabili hath the same etymologie giving the reason thereof quia praeest stabulo i. equili regis which office is ancient here in England and mentioned by Bracton seeming to answer him that was called tribunus celerum under the first Kings of Rome and Magister equitum afterward The Germans that inhabite the side of the river Rhene note him by this title die constofler and in counterfeit Latine constofelerus and in older time constafolarius that the Romans were wont to tearm assessorem judicii And as Spiegelius in his Lexicon noreth derive the word à stafolo comitis i. gradu Judicis fiscalis For staffel in their language as he saith signifieth a grees or step of a pair of stairs And thereupon stafelstein being a word used in their very ancient writings signifieth as much as Praetorium But a man many times may shew in this kind more curiosity than discretion as perhaps some will judge me here to have done And therefore enough of this This word is diversly used in our Common law first for the Constable of England who is also called Marshall Stawnâ—â— pl. cor fol. 65. Of whose great dignity and authority a man may find many arguments and signes both in the Statutes and Chronicles of this Realm His sway consisteth in the care of the common peace of the Land in deeds of arms and matters of wars Lamb. ubi supra with whom agreeth the statut anno 13 R. 2. cap. 2. statut 1. Smith de Repub. Anglo lib. 2. cap. 25. Of this Officer or Magistrate M. Gwin in the Preface to his Reading saith to this effect The Court of the Constable and Marshal determineth contracts touching deeds of arms tout of the Realm and handleth things concerning warrs within the Realm as Combats blasons of armory c. But it may not deal with battel in appeals nor generally with any other thing that may be tryed by the Law of the Land And read Fortescue c. 32. This office was belonging heretofore to the Lords of certain mannors jure feudi why it is discontinued see Dyer f. 258. nu 39. Out of this high magistracie saith M. Lamberd were drawn these lower Constables which we calâ—oÌ„stables of Hundreds and franchises and first ordained by the Statute of Winchester anno 13 Ed. 1. which appointeth for the conservation of the peace and view of armour two Constables in every Hundred and franchise which in Latine are called constabularii capitales And these be now a dayes called high Constables because continuance of time and increase both of people and offences hath again under these made others in every Town called petit Constables in Latine subconstabularios which are of like nature but of inferiour authority to the other as you may read at large in that learned mans Treatise before named Of these also read S. Thomas Smith lib. 2. cap. 22. Beside these there be officers of particular places called by this name as Constable of the Tower Stawnf pl. cor fol. 152. anno 1 H. 4. cap. 13. Stows annals pa. 812. jurisdict fol. 132. Constable of the Exchequer anno 51 H. 3. statute 5. Constable of Dover Castle Camdeni Britan. pag. 239. Fitzh nat br fol. 240. otherwise called castellane West i. cap. 7. anno 3 Ed. 1. But these be castellani properly as Master Lamberd noteth though conjoyned in name with the others See the Statute anno 32 H. 8. cap. 38. M. Manwood parte prima c. 13. of his Forest laws maketh mention of a Constable of the Forest Consuetudinibus servitiis is a Writ of right close which lyeth against the Tenant that deforceth his Lord of the rent or service due unto him Of this see more at large the Old nat br fol. 77. Fitzh eodem fol. 151. and the Register orig fol. 159. Consultation consultatio is a Writ whereby a cause being formerly removed by prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For the Judges of the Kings Court if upon comparing the libel with
from the verb couvar i. tegere It is particularly applyed in our Common law to the estate and condition of a married woman who by the lawes of our Realm is in potestute viri and therefore disabled to contract with any to the prejudice of her self of her husband without his consent and privity or at the least without his allowance and confirmation Broke hoc tit per totum And Bracton saith that omnia quae sure uxorit sunt ipsius viri nec habet uxer potestatem sui sed vir L◠2. cap. 15. and that vir est caput mutieris li. 4. cap. 24. and again that in any law-matter sine viro respondere non potest li. 5. tract 2. cap. 3. and tract 5. cap. 23. ejusdem libri hee hath words to this effect Vir uxor sum quasi unica persona quia caro una sanguis unus Res licet sit propria uxoris vir tamen ejus custos cùm sit caput mulieris and lib. 1. cap. 10. nu 2. Uxores sunt sub virg a viri And if the husband alienate the wifes land during the mariage she cannot gainesay it during his life See Cui ante divortium and Cui in vita Covine covina is a deceitfull assent or agreement between two or more to the prejudice or hurt of another New terms of Law It commeth from the French verb convenancer i. depascisci or rather convenir i. convenire Coucher signifieth a Factour that continueth in some place or Countrey for trasique anno 37. Ed. 3. cap. 16. It is used also for the generall book into which any Corporation entreth their particular acts for a perpetuall remembrance of them Counte commeth of the French coumpte i. subductus computatio ratio or of emote i. warratio It signifieth as much as the original de claration in a process though more used in reall actions than personall as declaration is rather applyed to personall than reall Fitz. nat br fol. 16. A. 60. D. Pl. 71. A. 191. E. 217. A. Libellus with the Civilians comprehendeth both And yet count and declaration be confounded sometimes as Count in debt Kitchin fol. 281. count or declaration in appeal pl. cor fol. 78. Count in trespasse Britton ca. 26. Count in an action of Trespasse upon the case for a slander Kuchin fol. 252. This word seemeth to come from France and Normandy For in the grand Custumary ca. 64. I find Contours to be those which a man set teth to speak for him in court as advocates and cap. 63. Pledurs to be another sort of spokes-men in the nature of Atturneys for one that is himself present but suffereth another to tell his tale Where also in the 65. chapter Atturney is said to be he that dealeth for him that is absent See this text and glosse upon those 3. chapters Camntours by Horn in his Mirror of Justices li. 2. ca. Des loyers are Sergeants skilfull in the law of the Realm which serve the common people to pronounce and defend their actions in judgement for their fee when occasion requireth whose duty if it be as it is there described and were observed men might have much more comfort of the Law than they have Countenance seemeth to be used for credit or estimation Old nat br fo 111. in these words Also the attaint shall be granted to poor men that will swear that they have nothing whereof they may make Fine saving their countenance or to other by a reasonable Fine So is it used anno 1. Ed. 3. stat 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levie with their oaths without abating the Debtors countenance Counter computatorium seemeth to come of the Latine computare or the French counter For we use it for the name of a prison whereinto he that once slippeth is like to acconut ere he get out Counter-plee is compounded of two French words contre i. contra adversus and pleder i. causam agere it signifieth properly in our Common law a replication to ayde prier For when the Tenent by cour esie or in dower prayeth in ayde of the King or him in the teversion for his better defence or else if a stranger to the action begun desire to be received to say what he can for the safegard of his estate that which the demandant allegeth against this request why it should not be admitted is called a counter-plee See Broke tit And in this signification it is used anno 25. Ed. 3. stat 3. cap. 7. See also the new Termes of Law and the Statute anno 3. Ed. 1. cap. 39. County comitatus signifieth as much as Shire the one descending from the French the other from the Saxons both containing a circuit or portion of the Realm into the which the whole land is divided for the better government thereof and the more easie administration of justice So that there is no part of the Kingdome that lieth not within some County and every County is governed by a yearly officer whom we call a Sheriff which among other duties belonging to his office putteth in execution all the Commandements and Judgements of the Kings courts that are to be executed within that compasse Fortescue cap. 24. Of these Counties there be four of especiall mark which therefore are termed Counties Palatines as the Countie Palatine of Laucaster of Chester of Durham of Ely an 5. Eliz. 1. ca. 23. I read also of the Countie Palatine of Hexam an 33. H. 8. ca. 10. Unde quaere And this County Palatine is a Jurisdiction of so high a nature that whereas all Plees touching the life or mayhem of man called Plees of the Crown be ordinarily held and sped in the Kings name and cannot passe in the name of any other the chief governours of these by especial charter from the King did heretofore send out all writs in their own name and did all things touching Justice as absolutely as the Prince himself in other Counties only acknowledging him their Superiour and Soveraign But by the Statute anno 27. H. 8. ca. 25. this power is much abridged unto the which I refer the reader as also to Crom. Juris fol. 137. for the whole course of this court Besides these Counties of both sorts there be likewise Counties Corporate as appeareth by the Statute anno 3. Ed. 4 5. And these be certain Cities or antient Boroughs of the land upon which the Princes of our Nation have thought good to bestow such extraordinary liberties Of these the famous Citie of London is one and the principall York another an 32. H. 8. cap. 13. the City of Chester a third an 42. Eliz. cap. 15. Canterbury a fourth Lamb. Eire lib. 1. cap. 9. And to these may be added many more but I have only observed out of the statutes other writers the County of the Town of Kingston upon Hull anno 32. H. 8. cap. 13. the County of the Town of Haverford West
appeareth by Bracton in these words Negotium in hoc casu terminabitur per cuntey cuntey sicut inter coharedes Bracton lib. 4. tract 3. cap. 18. And again in the same place In b evi de recto negotium terminabitur per cuntey cuntey And thirdly lib. 4. tract 4. cap. 2. Terminabitur negotium per breve de recto ubi nec duellum nec magna assisa sed per cuntey cuntey omninò which in mine opinion is as much as the ordinary Jury Curfew cometh of two French words couvrir i. tegere and feu i. ignis We use it for an Evening Peal by the which the Conqueror willed every man to take warning for the raking up of his fire and the putting out of his light So that in many places at this day where a Bell customably is rung toward Bed-time it is said to ring Curfew Stowes annals Curia avisare vult is a deliberation that the Court purposeth to take upon any point or points of a cause before judgement be resolved on For this see the new Book of Entries verbo Curia advisare vult Curia claudenda is a Writ that lyeth against him who should fence and close up his ground if he refuse or deferre to do it Regist orig fol 155. Fitzh nat br fol. 127. See also the new Book of Entries verbo Curia claudenda Cursiter clericus de cursu vel cursista curiae cancellariae is an Officer or Clerk belonging o the Chancerie that maketh out original Writs anno 14 15 H. 8. cap. 8. They be called Clerks of Course in the oath of the Clerks of the Chancery appointed anno 18 Ed. 3. stut 5. cap. unico There be of these 24 in number which have allotted unto every of them certain Shires into the which they make out such original writs as are by the subject required and are a Corporation among themselves Curteyn curtana was the name of King Edward the Saint his Sword which is the first Sword that is carried before the Kings of this Land at their Coronation Matthaeus Parisiens in Henrico tertio And I have heard say that the point thereof is broken which may argue an emblem of Mercie Curtilage See Curtelage Custode admittendo Custode amovendo are Writs for the admitting or removing of Gardians Reg. orig in indice Custom consuetudo is all one in signification with our Common Lawyers and Civilians being by them both accounted a part of the law Consuetudo quandoque pro lege servatur saith Bracton in partibus ubi fuerit more utentium approbata Longaevi enim temporis usus consuetudinis non est vilis authoritas lib. 1. cap. 3. It may be thus not unaptly defined Custome is a law or right not written which being established by long use and the consent of our Ancestors hath been and is daily practised our Ancestors that is majores and those of our kindred that are Ultra tritavum lib. 4. § parentem Ï€. de in jus vocando lib. ult § parentes Ï€. de gradibus affini nominibus eorum So that allowing the father to be so much older than his son as pubertas or the years of generation do require the Grandfather so much elder than him and fo forth usque ad tritavum we cannot say that this or that is a Custome except we can justifie that it hath continued so one hundred years For tritavus must be so much elder than the party that pleadeth it yet because that is hard to prove it is enough for the proof of a Custome by witnesse in the Common law as I have credibly heard if 2 or more can depose that they heard their Fathers say that it was a custome all their time and that their Fathers heard their Fathers also say that it was likewise a custome in their time If it be to be proved by record the continuance of a hundred years will serve Custome is either general or particular General I call that which is current thorow England whereof you shall read divers in the Doctor and Student lib. pri c. 7. very worthy to be known Particular is that which belongeth to this or that County as Gravelkind to Kent or to this or that Lordship City or Town Custome differeth from Prescription for that cuâ—ome iâ— common to more and Prescription in some mens opinion is particular to this or to that man Again Prescription may be for a farre shorter time than a Custome viz. for five years or for one year or lesse Example of five years Prescription you have in the levying of a Fine For if a Fine duly levied of Lands and Tenements be not impugned within five years it excludeth all claim for ever And if a man omit his continual claim for a year and a day then the Tenent in possession prescribeth an immunity against the entry of the Demandant his Heir Fitz. nat br fol. 79. Terms of the law verbo continual claim Out of our statutes you may have greater diversity which see collected in mine Institutes titulo de Usucapio longi tempo praescript So that Brissonius in his 14 de verbo signif seemeth to say truly that Prescription is an exception founded upon so long time run and past as the Law limiteth for the pursute of any action An example may be taken from those statutes anno 1 H. 8. cap. 4. which enacteth that in all action popular information shall be made within three years after the offence committed or else be of no force Of like nature is the Statute anno 7 H. 8. cap. 3. which in some cases maketh one years prescription sufficient against informations Custome is also used for the tribute or tolle that Merchants pay to the King for cartying in and out Merchandise anno 14 Ed. 3. stat 1. cap. 21. in which signification it is Latined Custuma Register orig fol. 138. a. r 29. a. And lastly for such services as Tenents of a Mannor owe unto their Lord New book of Entries verbo Custome Customary tenents tenentes per consuetudinem are such Tenents as hold by the Custom of the Mannor as their special evidence See Copie-holds Custos brevium is the principal Clerk belonging to the Court of Common Plees whose office is to receive and keep all the Writs and put them upon files every return by it self and at the end of every Term to receive of the Protonotaries all the Records of Nisi prius called the postea For they are first brought in by the Clerk of Assise of every circuit to the Protonotary that entred the issue in that matter for the entring of the Judgement And then do the Pronotaries get of the Court peremptory day for every party to speak what he hath to allege in arrest of Judgement which day being past he entreth the Verdict and Judgement thereupon into the rols of the Court and that done he doth in the end of the Term deliver over to the Custos brevium all the Records of
Sheriff for the apprehension of him who standeth obstinately excommunicated for forty dayes for such a one not seeking absolution hath or may have his contempt certified or signified into the Chancery whence issueth this Writ for the laying of him up without Bayl or Mainprise until he conform himself Fitzh nat br fol. 62. anno 5 Eliz. cap. 23. and the Regist orig fol. 65 67 70. Excommunicato deliberando is a Writ to the under Sheriff for the delivery of an excommunicate person out of prison upon certificate from the Ordinarie of his conformity to the Jurisdiction Ecclesiastical See Fitzherb nat br fol. 63. a. and the Register fol. 65 67. Excommunicato recipiendo is a Writ whereby persons excommunicate being for their obstinacy committed to prison and unlawfully delivered thence before they have given caution to obey the authority of the Church are commanded to be sought for and layd up again Regist orig fol. 67 a. Executione facienda is a VVrit commanding Execution of a judgement the divers uses whereof see in the Table of the Register judicial verbo Executione facienda Executione facienda in Withernamium is a VVrit that lyeth for the taking of his cattel that formerly hath conveyed out of the County the cattel of another so that the Bailiff having authority from the Sheriff to Replevy the cattel so conveyed away could not execute his charge Reg. orig fol. 82. b. Execution executio in the Common Law signifieth the last performance of an Act as of a fine or of a judgement And the Execution of a fine is the obtaining of actual possession of the things contained in the same by vertue therof which is either by entry into the Lands or by VVrit whereof see West at large part 2. Symbol titulo Fines Sect. 136 137 138. Executing of Judgements and Statutes and such like see in Fitzh nat br in Indice 2 Verbo Execution S. Edw. Coke vol. 6 casu Blumfield fol. 87 a. maketh two sorts of Executions one final another with a Quousque tending to an end An Execution final is that which maketh money of the Defendants goods or extendeth his Lan is and delivereth them to the Plaintiff For this the party accepteth in satisfaction and this is the end of the sute and all that the Kings writ commandeth to be done The other sort with a Quousque is tending to an end and not final as in the case of capias ad satisfaciendum c. this is not final but the body of the party is to be taken to the intent and purpose to satisfie the Demandant and his imprisonment is not absolute but until the Defendant do satisfie Idem ibid. Executour executor is he that is appointed by any man in this last VVill and Testament to have the disposing of all his substance according to the conâ—ent of the said VVill. This Executor is either particular or universal Particular as if this or that thing onely be committed to his charge Universal if all And this is in the place of him whom the Civilians call Haeredem and the Law accounteth one person with the party whose Executor he is as having all advantage of action against all men that he had so likewise being subject to every mans Action as farre a himself was This Executor had his beginning in the Civil Law by the constitutions of the Emperours who first permitted those that thought good by their wills to bestow any thing upon good and godly uses to appoint whom they pleased to see the same performed and if they appoinâ—ed none then they ordained that the Bishop of the place should have authority of course to effect it lib. 28. c. de Episcopis Clericis And from this in mine opinion time and experience hath wrought out the use of these universal Executors as also brought the Administration of their goods that dye without Will unto the Bishop Exemplificatione is a Writ granted for the exemplification of an Original See the Register original fo 290. Ex gravi querela is a VVrit that lieth for him unto whom any Lands or Tenements in Fee within a City Town or Borough being devisable are devised by VVill and the Heir of the Devisour entreth into them and detaineth them from him Register original fol. 244. Old Natura brevium fol. 87. See Fitzherb nat br fol. 198 L. Exigendarie of the Common bank Exigendarius de banco communi is otherwise called Exigenter anno 10 Hen. 6. cap. 4. and is an officer belonging to that Court. For the which see Exigenter Exigent Exigenda is a VVrit that lieth where the Defendant in an Action personal cannot be found nor any thing within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call five County dayes one after an other charging him to appear under the pain of Outlawrie Terms of the Law This VVrit lieth also in an indictment of Felony where the party indicted cannot be found Smith de republ Angl. lib. 2. cap. 19. It seemeth to be called an Exigent because it exacteth the party that is requireth his appearance or forth-coming to answer the Law for if he come not at the last dayes proclamation he is said to be quinquies exactus and then is out-lawed Cromptons Jurisd fol. 188. And this M. Manwood also setteth down for the Law of the Forest part 1. of his Forest laws pag. 71. See the new book of Entries verbo Exigent Exigenter Exigendarius anno 18 Hen. 6. cap. 9 is an officer of the Court of Common plees of whom there be four in number They make all Exigents and proclamations in all Actions where Processe of outlawry doth lie and VVrits of Supersede â—s as well as the Pronotaries upon such Exigents as were made in their offices Ex mero motu are words formally used in any Charter of the Prince whereby he signifieth 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 are to bar all exceptions that might be taken unto the instrument wherein they be contained by alleging that the Prince in passing that Charter was abused by any salse suggestion Kitchin fol. 152. Exoneratione sectae is a VVrit that lieth for the Kings VVard to be disburthened of all sute c. to the County Hundred Leet or Court Baron during the time of his wardship Fitz. nat br fol. 158. Ex parte latis is a VVrit that lyeth for a Bayliff or Receiver that having Auditots assigned to hear his account cannot obtain of them reasonable allowance but is cast into prison by them Regist fol. 137. Fitzh nat brev fol. 129. The manner in this case is to take this VVrit out of the Chancerie directed to the Sheriff to take four Mainpervours to bring his body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time New
Terms of the Law verbo Account Expectant is used in the Common law with this word fee and thus used it is opposite to Fee simple For example Lands are given to a Man and his Wife in Frank-marriage to have and to hold to them and their Heirs In this case they have Fee-simple But if it be given to them and the Heirs of their body c. they have Tail and Fee expectant Kitchin fol. 153. Matthaeus de afflict is useth the Ad ective expectativa substantively in the same signification Descis 292. num 2. p. 412. Explees see Espleese Expeditate expeditare is a word usual in the Forest signifying to cut out the balls of the great dogs feet for the preservation of the Kings game Every one that keepeth any great Dogs not expeditated forfeiteth to the King three shillings four pence Cromptons Jurisdict fol. 152. M. Manwood useth the same word parte prim of his Forest Laws pag. 205 and pag. 212. he setteth down the manner of expeditating Dogges heretofore viz. Quòdtres ortell abscindantur sive pellota de pede anteriori that is that the three clawes of the fore-foot on the right side shall be cut off by the skin whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same manner of expeditating of Dogs shall be still used and kept and none other Quaere whence it groweth that Master Crompton and he differ the one saying that the ball of the foot is cut out the other that the three fore-clawes are pared off by the skin Expensis militum levandis is a Writ directed to the Sheriff for levying allowance for the Knights for the Parliament Regist orig fol. 191. b. Expensis militü non levandis ab hominibus de antiquo dominico nec à nativis is a Writ wherby to prohibit the Sheriff from levying any allowance for the Knights of the Shire upon those that hold in ancient Demesn c. Reg. orig fol. 261. b. Extend extendere cometh of the French estendre i. dilatare dispandere distendere and signifieth in our Common law to value the Lands or Tenements of one bound by Statute c. that hath forfeited his bond to such an indifferent rate as by the yearly rent the Obligor may in time be payd his debt The course and circumstances of this see in Fitz. h. nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a Writ ordinarily called a Writ of Extent whereby the value of Lands c. is commanded to be made and levied in divers cases which see in the Table of the Register original Extent extenta hath two significations sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands or Tenements Register judicial in the Table of the Book Sometime the Act of the Sheriff or other Commissioner upon this Writ Brook titulo Extent fol. 313. Extinguishment in our Common law signifieth an effect of consolidation For example if a man have due unto him a yearly rent out of any Lands and afterward purchase the same Lands now both the property and rent are consolidated or united in one Possessor and therefore the rent is said to be extinguished In like manner it is where a man hath a Lease for years and afterward buyeth the property this is a consolidation of the property and the fruits and is an extinguishment of the Lease See the Terms of Law Extirpatione is a Writ judicial that lieth against him who after a verdict found against him for Land c. doth maliciously overthrow any house upon it c. and it is two-fold one ante judicium the other post judicium Register judicial fol. 13.56.58 Extortion Extortio signifieth in our Common law an unlawful or violent wringing of money or money-worth from any man For example if any Officer by terrifying any the Kings subjects in his office take more than his ordinary duties he committeth and is inditeable of Extortion To this by M. Wests judgement may be referred the exaction of unlawful Usury winning by unlawful Games and in one word all taking of more than is due by colour or pretence of right as excessive toll in Milners excessive prizes of Ale Bread Victuals Wares c. West parte 2. Symbol titulo Indictments Sect. 65. M. Manwood saith that Extortion is Colore officii and not virtute officii parte 1. of his Forest laws pag. 216. M. Crompton in his Justice of Peace fol. 8. hath these words in effect Wrong done by any man is properly a Trespasse but excessive wrong done by any is called Extortion and this is most properly in officers as Sheriffes Maiors Bailiffes Escheatours and other Officers whatsoever that by colour of their Office work great oppression and excessive wrong unto the Kings subjects in taking excessive reward or fees for the execution of their office Great diversity of cases touching Extortion you may see in Cromptons Justice of Peace fol. 48. b. 49. 50. See the difference between colore officii virtute vel ratione officii Plow casu Dives fol. 64. a. This word is used in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum vel quod est ultra debitum vel ante tempus petit id quod post administratam justitiam debetur Extreats See Estreats Eyre See Eire FA. FAculty Facultas as it is restrained from the original and active signification to a particular understanding in Law is used for a privilege or especiall power granted unto a man by favour indulgence and dispensation to do that which by the Common law he cannot do as to eat flesh upon dayes prohibited to marry without Banes first asked to hold two or more Ecclesiastical Livings the Son to succeed the Father in a Benefice and such like And for the granting of these there is an especial Officer under the Arch-bishop of Canterbury called Magister ad Facultates the Master of the Faculties Fag anno 4 Ed. 4. cap. 1. Faint and false action seem to be Synonyma in Litleton fol. 144. for faint in the French tongue signifieth as much as feigned in English Faint pleader falsa placitatio cometh of the French feint a Participle of the Verb feindre i. simulare fingere and pledoir i. placitare It signifieth with us a false covenous or collusory manner of pleading to the deceit of a third party anno 34. 35. H. 8. cap. 24. Faire aliàs Feire feria cometh of the French feire and signifieth with us as much as Nundinae with the Civilians that is a solemn or greater sort of Market granted to any Town by privilege for the more speedie and commodious provision of such things as the subject needeth or the utterance of such things as we abound in above our own uses and occasions both our
English and the French word seemeth to come of Feriae because it is alwayes incident to the privilege of a Fair that a man may not be arrested or molested in it for any other debt than first was contracted in the same or at least was promised to be payed there anno 17 Ed. 4. cap. 2. anno 1 R. 3. cap. 6. Fair-pleading see Beaw-pleader Faitours seemeth to be a French word antiquated or something traduced For the modern French word is faiseur i. factor It is used in the Statute anno 7 R. 2. cap. 5. And in the evil part signifying a bad doer Or it may not improbably be interpreted an idle liver taken from faitardise which signifieth a kind of num or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabond Falk-land alià s Folk-land See Copy-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasseâ— committed against a man by imprisoning him without lawful cause it is also used for the Writ which is brought upon this trespasse Fitzh nat br fol. 86. K. 88. P. v. Broke h. t. See the new book of Entries verbo False imprisonnement Falso judicio is a Writ that lyeth for salse judgement given in the County Hundred Court Baron or other Courts being no Court of Record be the Plea real or personal Regist orig fol 15. Fitzh nat br f l. 17. See the new book of Entries verbo False judgement False prophecies See Prophecies Falso reâ—urno brevium is a Writ lying against the Sheriff for false returning of Writs Reg. â—â—dic fol. 43. b. Falsifie seemeth to signifie as much as to prove a thing to be false Perkins Dower 383 384 385. Farding or farthing of gold seemeth to be a Coyn used in ancient times containing in value the fourth part of a Noble viz. twenty pence silver and in weighth the sixth part of an ounce of gold that is of five shillings in silver which is three pence and something more This word is found anno 9 H. 5. statut 2. cap. 7. thus Item that the King do to be ordained good and just weight of the noble half noble and farthing of gold with the rates necessary to the same for every City c. By which place it plainly appeareth to have been a Coin as well as the noble and half noble Farding deal alià s Farundel of Land Quadrantata terrae signifieth the fourth part of an Acre Cromptons Jurisdict f. 220. Quadrantata terrae is read in the Regist. orig fol. 1. b. where you have also Denariata obolata solidata librata terrae which by probability must rise in proportion of quantity from the farding deal as an half penny penny shilling or pound rise in value and estimation then must obolata be half an acre denariata an acre solidata twelve acres and librata twelve score acres And yet I finde viginti libratas terrae vel reditus Register orig fol. 94. a. fol. 248. b. Whereby it seemeth that Librata terrae is so much as yeeldeth twenty shillings per annum and centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitzherb nat br fol. 87. f. I find these words viginti libratas terrae vel reditus which argueth it to be so much Lands as twenty shillings per annum See Furlong Fate or Fat is a great wooden Vessel which among Brewers in London is ordinarily used at this day to measure Mault by containing a Quarter which they have for expedition in measuring This word is read Anno 1 H. 5. cap. 10. anno 11 H. 6. cap. 8. FE Fealty Fidelitas cometh of the French feaulte i. fides and signifieth in our Common law an oath taken at the admittance of every Tenent to be true to the Lord of whom he holdeth his Land And he that holdeth Land by this onely oath of fealty holdeth in the freest manner that any man in England under the King may hold Because all with us that have Fee hold per fidem fiduciam that is by fealty at the least Smith de Republ. Anglor lib. 3. cap. 8. for fidelitas est de substantia feudi as Duarenus saith de feud cap. 2. num 4. and Matthaeus de afflictis decis 320. num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of his oath as it is used among the Feudists you may read well expressed by Zasius in his Tractare de feudis parte 7. num 15 16. which is worth the comparing with the usual oath taken here in our part of Britanie This fealty is also used in other Nations as the Lombards and Burgundians Cassâ—nae us de consuet Burgund pag. 419 420. And indeed the very first creation of this Tenure as it grew from the love of the Lord toward his followers so did it bind the Tenent to fidelity as appeareth by the whole course of the Feods And the breach thereof is losse of the Fee Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecins in tract de feudis cap. 15. num 4. seq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hoteman in his Commentaries De verbis feudalibus sheweth a double fealty one generall to be performed in every subject to his Prince the other special required onely of such as in respect of their Fee are tyed by this oath toward their Land-lords both we may read of in the Grand Custumary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into Latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Unde tenentur sc ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec ejus inimic is praebere contra ipsum consilium vel juvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Unde nullus homagium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate Quod etiam est in eorum receptbone specialiter exprimendum Inter Dominos autem alios homines fides taliter debet observari quod neuter in personam alterius personâ—lem violentiam seu percutionis injectionem cum violentia debet irrogari Si quis enim eorum ex hoc fuerit accusatus in curia convictus feudum omne debet amittere c. This fealty special is with us performed either by Free-men or by Villains The form of both see anno 14 Ed. 1. stat 2. in these words When a Free-man shall do fealty to his Lord he shall hold
not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. but more at large parte secunda cap. 13. per totum It is also called the defence moneth that is the forbidden moneth and the word defence is used in like sort West 2. cap. 47. anno 13 Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple that is to him and his Heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
the least in law unto the Cognizee so that he needeth no writ of Habere facias seisinam for the execution of the same but may enter of which sort is a fine sur cognizance de droit come ceo que il ad de son done that is upon acknowledgement that the thing mentioned in the concord be jus ipsius cognizati ut illa quae idem habet de dono Cognitoris West Sect. 51. K. and the reason of this seemeth to be because this fine passeth by way of release of that thing which the cognizee hath already at the least by supposition by vertue of a former gift of the Cognizor Cokes Reports lib. 3. the case of sines fol. 89. b. which is in very deed the surest fine of all Fines executorie be such as of their own force do not execute the possession in the Cognizees as fines sur cognizance de droit tantùm fines sur done grant release confirmation or render For if such fines be not levied or such render made unto them that be in possession at the time of the fines levied the cognizees must needs sue Writs of Habere facias seisinam according to their several cases for the obtaining of their possessions except at the levying of such executory fines the parties unto whom the estate is by them limited be in possession of the lan is passed thereby for in this case such fines do inure by way of extinguishment of right nor altering the estate of possession of the Cognizee but perchance bettering it West ubi supra sect 20. Touching the form of these Fines it is to be considered upon what Writ or Action the concord is to be made and that is most commonly upon a Writ of Covenant and then first there must passe a payr of Indentures between the Cognizour and Cognizee whereby the Cognizour covenanteth with the Cognizee to passe a Fine unto him of such or such things by a day set down And these Indentures as they are first in this proceeding so are they said to lead the Fine upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizour who thereupon yeeldeth to passe the Fine before the Judge and so the acknowledgement being recorded the Cognizour and his Heirs are presently concluded and all strangers not excepted after five years once passed If the Writ whereupon the Fine is grounded be not a Writ of Covenant but of Warrantia chartae or a Writ of right or a Writ of mesn or a Writ of Custome and Services for all these Fines may also be founded West ubi supra sect 23. then this form is observed the Writ is served upon the party that is to acknowledge the Fine and then he appearing doth accordingly See Dyer fol. 179. num 46. This word Fine sometime signifieth a sum of money payd for an In-come to Lands or Tenements let by Lease sometime an amends pecuniary punishment or recompense upon an offence committed against the King and his Laws or a Lord of a Mannor In which case a man is said facere finem de transgressione cum Rege c. Register Jud. fol. 25. a. and of the diversity of these Fines with other maâ—ter worth the learning see Cromptons Justice of peace fol. 141. b. 143.144 and Lamberds Eirenarcha libr. 4. cap. 16. pag. 555. But in all these diversity of uses it hath but one signification and that is a final conclusion or end of differences between parties And in this last sense wherein it is used for the ending and remission of an offence Bracton hath it lib. 2. cap. 15. num 8. speaking of a Common fine that the County payeth to the King for false judgements or other trespasses which is to be assessed by the Justices in Eyr before their departure by the oath of Knights and other good men upon such as ought to pay it with whom agreeth the Statute anno 3 Ed. pri cap. 18. There is also a Common fine in Leets See Kitchin fol. 13. a. v. Common Fine See Fleta lib. 1. cap. 48. Fines pro licentia concordandi anno 21 H. 8. cap. 1. See Fine Fine force seemeth to come of the French Adjective fin and the substantive force i. vis The adjective fin signifieth sometime as much as crafty wily or subtil sometime as much as artificial curious singular exact or perfect as Rien contrefaâ—ct fin i. nihil simulatum aut ad imitationem alterius expressum potest esse exactum vel ita absolutum quin reprehensionem vel offensionem incurrat as it is set down in that work truly regal intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 115. so that this fine force with us seemeth to signifie an absolute necessity or constraint not avoidable and in this sense it is used Old nat br fol. 78. and in the statute anno 35 H. 8. cap. 12. in Perkins Dower fol. 321. and Plowden fol. 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo dominico is a Writ to Justices for the disanulling of a fine levied of lands holden in ancient demesn to the prejudice of the Lord Regist orig fol. 15. b. Fine capiendo pro terris c. is a Writ lying for one that upon conviction by a Jury having his lands and goods taken into the Kings hand and his body committed to prison obtaineth favour for a sum of money c. to be remitted his imprisonment and his lands and goods to be re-delivered unto him Reg. orig fol. 142. a. Fine levando de tenementis tentis de Rege in capite c. is a Writ directed to the Justices of the common plees whereby to license them to admit of a fine for the sale land holding in capite Reg. orig fol. 167. a. Fine non capiendo pro pulchre placitando is a Writ to inhibit officers of Courts to take fines for fair pleading Reg. orig fol. 179. See pleder Fine pro redisseisina capienda c. is a Writ that lieth for the release of one laid in prison for a re-disseisin upon a reasonable fine Reg. original fol. 222. Finarie See Blomarie Finours of gold and silver be those that purifie and part those Merals from other coarâ—er by fire and water anno 4 H. 7. cap. 2. They be also called Patters in the same place sometime Departers Fire-bote for the composition look Hay-boot It signifieth allowance or Estovers of Woods to maintain competent fire for the use of the Tenent First fruits primitiae are the profits of every Spiritual living for one year given in ancient time to the Pope throughout all Christendom but by the statute an 26 H. 8. cap. 3. translated to the Prince for the ordering whereof there was a Court erected anno 32 H. 8. cap. 45. but this Court was dissolved anno pri Mar. sess 2. cap. 10. and sithence that time though those profits be reduced again to the Crown by the Statute anno 1 Eliz. cap. 4. yet
Huckstow idem pag. 456. of Hay Manwood parte 1. pa. 144. of Cantsâ—lly eadem pag. of Ashdowne in the County of Sussex an 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the County of Northampton an 33. H. 8. cap. 38. Of Fronselwood in the County of Somerset Coke li. 2. Cromwels case fo 71. b. I hear also of the forest of Exmore in Devonshire There may be more which he that listeth may look for Forester forestarius is a sworn officer of the forest appointed by the Kings letters patents to walk the forest both early and late-watching both the vert and the venison attaching and presenting all trespassers against them within their own bayliwick or walk whose oath you may see in Crompton fo 201. And though these letters parents bee ordinatily granted but quam diu bene se gesserint yet some have this grant to them and their heirs and thereby are called Foresters or fosters in fee Idem fol. 157. 159. and Manwood parte 1. pag. 220. whom in Latine Crompton calleth Foresta rium feudi fo 175. Fore-judger forisjudicatio signifieth in the Common law a Judgement whereby a man is deprived or put by the thing in question It seemeth to be compounded of fo rs i. praeter and juger i. â—udicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So doth Kitchin use it fol. 29. and Old nat brev fol. 44 and 81. and the Stat. An. 5. E. 3. c. 9. an 21 R. 2. c. 12. Forjudicatus with Authors of other nations signifieth as much as Banished or as Deportatus in the antient Roman law as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis l. 3 feud Rub. 31. p. 625. Foregoers be Purveyors going before the King or Queen being in progresse to provide for them anno 36. Ed. 3. c. 5. Forfeiture forisfactura commeth of the French word Forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall Law than the transgression it self as forfeiture of Eschears anno 25 E. 3. ca. 2. statut de Proditionibus Goods confiscate and goods forfeited differ Staw pl. Co. f. 186. where those seem to be forfeited that have a known owner having committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendor as not his own nor claimed by any other I think rather that forfeitute is more general and confiscation particular to such as forfeit onely to the Princes Exchequer Read the whole chapter li. 3. ca 24. Full forfeiture plena forisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte 1. p. 341. The Canon Lawyers use also this word For forisfactura sunt pecuniariae pocnae delinquentium Glos in c. Presbyteri extrade poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who holding by Knights service and being under age and unmarried refuses her whom the Lord offereth him without his disparagement and marrieth another Fitz. nat br fo 141. H. I. K. L. Register original fol. 163. b. Forseng quietantiam prioris prisae designat in hoc enim delinquunt Furgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. ca. 47. Forgery see here next following Forger of false deeds Forger of false deeds cometh of the French Forger i. accudere fabricare conflare to beat on an anvile to fashion to bring into shape and signifieth in our Common law either him that frandulently maketh and publisheth false writings to the prejudice of any mans right or else the writ that lieth against him that committeth this offence Fitz. nat br fo 96. b c calleth it a writ of Deceit See Terms of Law verbo Forger and Wests Symb. parte 2. Indictments Sectio 66. See the new book of Entries verbo Forger de faits This is a branch of that which the Civilians call Cremen falsi Nam falsarius est qui decipiendi causa scâ—ipta publica falsificat Speculator de crimine falsi Falsicrimen propriè dicitur quod utilitatis privatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requir untur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est pu ibilis Hostiensis et Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any ands or tenements by vertue of any entail growing from the Statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is caled forma donations or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recovery of lands c. given to the one and the heirs of his body or to a man and his wife and the heirs of their two bodies or to a man and his wife being Cosin to the Donour in franck mariage and afterward alienated by the Donee For after his decease his heire shall have this writ against the renent or alienee Fitz. nat br fol. 211. He maketh three sorts or this formdon in the descender The first is in the manner now expressed The second is for the heir of a Coparcener that alienateth and dyeth fo 214. the third is called by him In simul tenuit fol. 216. which lieth for a Coparcener or heir in Gavelkind before partition against him to whom the other Goparcener or heir hath alienated and is dead Formdon in the Reverter lyeth for the Donour or his heirs where land entailed to certain and there issue with condition for want of such issue to revert to the Donour and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Fitz. nat br fol. 219. Formedon in the remainder lyeth where a man giveth lands in tail the remainder to another in tayl and afterward the former tenent in tail dyeth without issue of his body and a stranger abateth then he in the remainder shall have this writ Fitz. nat br f. 217. See the Register original fol. 238 242 243. Of this see the new book of Entries verb. Formdon Forsechoke seems to signifie originally as much as forsaken in our modern language or derelictum with the Romans It is especially used in one of our Statutes for land or tenements seised by the Lord for want of services due from the tenent and so quietly held and possessed beyond the year and day As if wee should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by law to recover them doth in due presumption of Law
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self but as dom or hood and such like be in these English words Christendom and Manhood or such others Others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his Description of England cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own costs and to answer the cause there c. Fitzh nat br fol. 250. h. And the order is in this case first to procure a Certiorari out of the Chancery directed to the said Justices for the removing of the Inditement into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. jud fol. 81. where you shall find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of the habendum is to limit the estate so that the general implication of the estate which by construction of law passeth in the Premisses is by the habendum controlled and qualified As in a Lease to two persons the habendum to one for life the remainder to the other for life altereth the general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth where a man hath recovered lands in the Kings Court directed to the Sheriff and commanding him to give him seisin of the land recovered Old nat br fol. 154. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo Fines Sect. 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of lands to the Lord of the Fee after the King hath taken his due of his lands that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
or Exigent taken and committed to prison for another man of the same name whereof see the form and farther use in Fitz. nat br fol. 267. See the Regist. original fol. 194. Idiot and he that afterward becommeth of insane memory differeth in divers cases Coke fol. 154. b. lib. 4. See here following Idiota inquirenda Idiota inquirenda vel examinanda is a writ that is directed to the Excheator or the Sheriff of any County where the King hath understanding that there is an Idiot naturally born so weak of understanding that he cannot govern or manage his inheritance to call before him the party suspected of Idiocie and examine him And also to enquire by the oaths of 12. men whether he be sufficiently witted to dispose of his own lands with discretion or not and to certifie accordingly into the Chancerie For the King hath the protection of his Subjects and by his prerogative the government of their lands and substance that are naturally defective in their own discretion Statut. de praerogrativa Regis editum anno 17 Ed. 2. cap. 8. whereof read Stawnf praerog ca. 9. and of this writ read Fitz. nat br fol. 232. See the Regist origin fol. 267. JE Jetzon See Flotzon Jeofaile is compounded of three French words I'ay faille i. ego lapsus sum and signifieth in our common law an over-sight in pleading touching the which you have a Statute anno 32 H. 8. ca. 30. whereby it is enacted that if the Jury have once passed upon the issue though afterward there be found a Jeofail in the pleading yet judgement shall likewise be given according to the verdict of the Jurie See Brook tit Repleder The Author of the new Terms of law saith that a Jeofaile is when the parties to any Sute have in pleading proceeded so farre that they have joyned issue which shall be tryed or is tried by a Jury or inquest and this pleading or issue is so badly pleaded or joyned that it will be errour if they proceed Then some of the said parties may by their Councell shew it to the Court as well after verdict given and before judgement as before the Iury be charged the shewing of which defects before the Jury charged was often when the Jury came into the Court to trie the issue then the Councel which will shew it shall say This inquest you ought not to take and if it be after verdict then he may say To judgement you ought not to goe and because of this many delayes grew in Sutes divers Statutes are made to redresse them viz. 32 H. 8. cap. 30. and others in Q. Elizabeths dayes and yet the fault little amended IG Ignoramus is a word properly used by the grand Enquest empaneled in the inquisition of causes criminal tnd publike and written upon the Bill whereby any crime is offered to their consideration when as they mislike their evidence as defective or too weak to make good the presentment The effect of which word so written is that all farther inquity upon that party for that fault is therby stopped and he delivered without farther answer It hath a resemblance with that custom of the antient Romans where the judges when they absolved a person accused did write A. upon a little table provided for that purpose i. Absolvimus if they judged him guilty they writ C. id est Condeninamus if they found the cause difficult and doubtful they writ N. L. id est Non liques Asconius Redianus in oratio pro Milone Alexander ab Alexandro Genial dierum lib. 3. cap. 14. IK Ikenild-street is one of the four famous wayes that the Romans made in England taking the beginning ab Icenis which were they that inhabited Northf Southf and Cambridgeshire Camden Britan. fol. 343. See Watling-street IM Imparlance interlocutio vel interloquela is a petition made in Court upon the Count of the Demandant by the Tenent or Declaration of the Plaintiff by the Defendant whereby he craveth respite or any other day to put in his answer See Brook titulo Continuance See Dies Daâ—us Imparlance seemeth to be general or special special imparlance is with this clause Salvis omnibus advantagiis tam ad jurisdictionem curiae quà m breve narrationem Kitchin fol. 200. Then general in reason must be that which is made at large without inserting that or the like clause See Emperlance Impeachment of waste impetitio vasti cometh of the French empeschement i. impedimentum and signifieth with us a restraint from committing of waste upon lands or tenements See waste Implements cometh of the French emploier i. insumere in re aliqua it signifieth with us things tending to the necessary use of any Trade or furniture of houshold Impost is a French word signifying tribute comming of the verb imposer i. injungere irregare It signifieth with us the tax received by the Prince for such Merchandize as are brought into any haven from other Nations anno 31 Elizabeth cap. 5. And I think it may in some fort be distinguished from Custom because Custom is rather that profit which the Prince maketh of wares shipped out of the land yet they may be confounded Improvement See Approve IN In casu consimili is a writ See Casu consimili In casu proviso is a writ See Casu proviso Incident incidens signifieth a thing necessarily depending upon another as more principall For example a Court Baron is so incident to a Manor and a Court of Piepowders to a Fair that they cannot be severed by grant for if a Manor or Fair be granted these Courts cannot be severed Kitchin fol. 36. Incroche incrociarie See Encrochments Admirals and their Deputies doe incroche to themselves Jurisdictions c. anno 15 R. 2. cap. 3. Indenture indentura is a writing comprising some contract between two and being indented in the top answerable to another that likewise containeth the same contracts this the Latines called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which among the Civilians is defined to be scriptura inter creditorem debitorem indentata in cujus scissura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quia hoc manâ— unius tantùm puta debitoris scribitur penes debitorem relinquitur Pruinc constitut de offic archidiaco cap. pri verbo In scripâ—is vid. Gothofr in notis ad l. 27. § 3. Ï€. ad leg Corn. de fals Indicavi is a Writ or Prohibition that lyeth for a patron of a Church whose Clerk is defendant in Court Christian in an action of Tithes commenced by another Clerk and extending to the fourth part of the Church or of the Tithes belonging unto it for in this case the sute belongeth to the Kings Court by the Statute West 2. cap. 5. wherefore the Patron of the Defendant being like to be prejudiced in his Church and advowzen if the Plaintiff obtain in the court
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only understood where a man hath inheritance of Lands and Tenements by descent of heritage but also every fee simple or fee tail that a man hath by his purchase may be said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
terms And read also in some Civilians of Assirmativa praegnans and that is quae habet in se inclusivam negativam Et hoc importare videntur dictiones Solùm tantiâ—m qua implicant negativam Pacianus De probationibus lib. 1. cap. 31. num 16. fol. 93. Neif nativa cometh of the French Naif i. naturalis vel nativus it signifieth in our Common law a Bondwoman anno 1 Ed. 6. cap. 3. the reason is because women become bound rather nativitate than by any other means Ne injustè vexes is a Writ that lyeth for a Tenent which is distrained by his Lord for other services than he ought to make and is a Prohibition to the Lord in it self commanding him not to distrain The especial use of it is where the Tenent hath formerly prejudiced himself by performing more services or paying more rent without constraint than he needed For in this Case by reason of the Lords seisin he cannot avoid him in avowry and therefore he is driven to this Writ as his next remedy Regist orig fol. 4. Fitz. nat brev fol. 10. Ne Vicecomes colore mandati Regis quemquam amoveat à possessione ecclesiae minus justè Regist orig fol. 61. NI Nient comprise is an exception taken to a Petition as unjust because the thing desired is not contained or comprehended in that Act or Deed whereupon the Petition is grounded For example one desireth of the Court to be put in possession of a House formerly among other Lands c. adjudged unto him The adverse party pleadeth that this Petition is not to be granted because though he had a judgement for certain Lands and Houses yet the House into the possession whereof he desireth to be put is not contained among those for the which he had judgment See the New Book of Enteries titulo Nient comprise This seemeth to be especially to hinder execntion Nifle anno 3 Ed. 4. cap. 5. Nihil anno 5 R. 2. stat 1. cap. 3. is a word set upon a Debt illeviable by the forein Apposer in the Exchequer Nihil dicit is a failing to put in answer to the Plea of the Plaintiff by the day assigned which if a man do commit judgement passeth against him as saying nothing why it should not Nisi prius is a Writ Iudicial which lyeth in Case where the Enquest is paneled and returned before the Iustices of the Bank the one party or the other making Petition to have this Writ for the ease of the Country It is directed to the Sheriff commanding that he should cause the men impaneled to come before the Iustices in the same County for the determination of the Cause there except it be so difficult that it need great deliberation In which it is sent again to the Bank v. anno 14 Edward 3. cap. 15. The form of the Writ see in Old nat br fol. 159. and in the Register judicial fol. 7. 28. 75. See the New Book of Entries verbo Nisi prius And it is called Nisi prius of these words comprised in the same whereby the Sheriff is willed to bring to Westminster the men empaneled at a certain day or before the Iustistices of the next Assises Nisi die Lunae apud talem locum prius venerint c. whereby it appeareth that Iustices of Assises and Iustices of Nisi prius are differing And Iustices of Nisi prius must be one of them before whom the Cause is depending in the Bench with some other good man of the County associated unto him Fitzherb nat brev fol. 240. E. which he taketh from the Statute of York anno 12 Ed. 2. See Westm 2. cap. 30. anno 13 Edw. prim anno 27 ejusdem cap. 4. anno 2 Edw. 3. cap. 17. anno 4 ejusdem cap. 11. anno 14 ejusdem cap. 16. anno 7 Rich. 2. cap. 7. anno 18 Eliz. cap. 12. NO Nobility Nobilitas in England compriseth all Dignities above a Knight So that a Baron is the lowest degree thereof Smith de Repub. Anglor lib. prim ca. 17. Bartolus in his Tractate de Nobilitate which he compiled upon the Law Si ut proponis C. de dignitatibus libro 12. rehearseth four Opinions de Nobilitate but rejecteth them and himself defineth it thus Nobilitas est qualitas illata per principatum tenextem qua quis ultra honestos plebeios acceptus ostenditur But this definition is too large for us except we will account Knights and Banerets inter plebem which in mine opinion were too haish For Equites among the Romans were in a middle rank inter Senatores plebem Nocumento See Nusance Nomination nominatio is used by the Canonists and Common Lawyers for a power that a man by vertue of a Mannor or otherwise hath to appoint a Clerk to a Patron of a Benefice by him to be presented to the Ordinary New Terms of the Law Non-ability is an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any sute in Law as Praemunire Outlawry Villenage or Excommunication or because he is a Stranger born The Civilians say That such a man hath not personam standi in judicio See Brook hoc titulo See Fitz. nat brev fo 35. a. fo 65. d. fo 77. c. The new Expositor of Law Terms teckoneth six causes of Non-ability as if he be an Outlaw a Stranger born condemned in a Praemunire professed in Religion excommunicate or a Villein Howbeit the second cause holdeth only in Actions real or mixt and not in personal except he be a Stranger and an enemy Non admittas See ne admittas Nonage is all the time of a mans age under one and twenty years in some cases or fourteen in some as mariage See Brook titulo Age. See Age. Non capiendo Clericum see Clericum non capiendo Non-claym Cromptons Jurisdict fo 144 seemeth to be an exception against a man that claimeth not within the time limited by Law as within a year and day in case where a man ought to make continual Claim or within five years after a Fine levyed Vide Cook lib. 4. in Prâ—oemio See Continual claim Non compos mentis it is of four sorts First he that is an Ideot born Next he that by accident afterwards wholly loseth his wits Thirdly a Lunitick that hath sometime his understanding and sometime not Lastly he which by his own Act depriveth himself of his right mind for a time as a Drunkard Coke lib. 4. fo 124. b. Non distringendo is a Writ comprising under it divers particulars according to divers Cases all which you may see in the Table of the Register origin verbo non distringendo Non est culpabilis is the general Answer to an Action of Trespass whereby the Defendant doth absolutely deny the fact imputed unto him by by the Plaintiff whereas in other especial Answers the Defendant granteth a Fact to be done and allegeth some reason in his defence why he lawfully might
of S. Adrian and the Popes Legate here in England anno 15 Hen. 3. as appeareth by the award made between the said King and his Commons at Kenelworth his constitutions we have at this day in use OU Ouch anno 24 H. 8. cap. 13. Ouster le main Amovere manum word for word signifieth to take off the hand though in true French it should be Oster la main It signifieth in the common Law a Iudgement given for him that tendeth a travers or sueth a Monstrance de droit or petition For when it appeareth upon the matter discussed that the King hath no right nor title to the thing he seised then Iudgement shall be given in the Chauncery that the Kings hands be amoved and thereupon Amoveas manum shall be awarded to the Escheator which is as much as if the judgement were given that hee shall have again his land v. Stawnf praerog ca. 24. See anno 28 Ed. 1. stat 3. ca. 19. it is also taken for the writ granted upon this petition Fitz. nat br fol. 256. C. It is written oter le maine anno 25 Hen. 8. cap. 22. Ouster le mer ultra mare cometh of the French oultre i. ultra and le mer i. mare and it is a cause of excuse or Essoin if a man appear not in Court uppon Summons See Essoin Out fangthief alids uifangthef is thus defined by Bracten lib. 3. tra 2. ca. 34. Vifangthef dicitur latro extraneus veniens aliunde de terra aliena qut captus fuit in terra ipsius qui tales habet libertaces but see Eritton otherwise fol. 91. b. It is compounded of three Saxon words out i. extra fang i. capto vel captus and Thef i. fur It is used in the common law for a liberty or a privilege whereby a Lord is inabled to call any man dwelling within his own fee and taken for felony in any other place and to judge him in his own Court. Rastals expos of words Oenliy of services is an equality when the Tenent paravail oweth as much to the mesn as the mesn doth to the Lord paramont Fitz. nat br folio 136. A. B. Outlawry utlagaria is the losse or deprivation of the benefit belonging to a subject that is of the Kings protection and the Realm Bractor lib. 3. tract 2. cap. 11. num pri nu 3. Forisfacit utlagatus omnia quae pacis sunt Quia à tempore quo utlagatus est caput gerit lupinum ita quòd ab â—mnibus intersici possit impunè maximè si se defenderit velfugerit ita quòd difficilis sit ejus captio nu 4. Si autem non fugerit necse defenderit cùm captus fuerit extunc erit in manu domini Regis mors vita qui taliter captum interfecerit respondebit pro co sicut pro alio v. c. Outparters anno 9 H. 5. cap. 8. seemeth to be a kind of theeves in Ridesdall that ride abroad at their best advantage to fetch in such cattell or other things as they could light on without that liberty some are of opinion that those which in the fore-named Statute are termed out-parties are at this day called out-putters and are such as set matches for the robbing of any man or house as by discovering which way he rideth or goeth or where the house is weakest and fittest to be entered See Intakers Outryders seem to be none other but Bayliffs errants employed by the Sheriffs or their fermers to ride to the farthest places of their Counties or Hundreds with the more speed to summon to their County or Hundred Courts such as they thought good to work upon anno 14. Edw. 3. stat 1. ca. 9. OX Oxgang of land bovata terrae Six Oxgangs of land seem to be so much as six oxen will plough Cromptons Jurisd fol. 220. but an oxegang seemeth properly to be spoken of such land as lieth in gainour Old nat br fol. 117. M. Skene de verb. signif verbo Bovata terrae saith that an oxen gate of land should alway contain 13. acres and that 4. oxen-gates extendeth to a pound land of old extent See Librata terrae OY Oyer and Terminer audiendo terminando in true French Ovir terminer is in the intendment of our Law a Commission especially granted to certain men for the hearing and determining of one or more causes This was wont to be in use upon some sodain outrage or insurrection in any place Cromptons jurisd fol. 131 132. See The Statute of Westm 2. cap. 29. anno 13. Edv. 1. who might grant this commission And see Fitzherb nat br fol. 100. for the form and occasion of the writ as also to whom it is to be granted and whom not See Broke titulo Oyer determiner Oyer de Record Audire Recordium is a petition made in Court that the Iudges for better proofs sake will be pleased to hear or look upon any Record P PA PAcking whites anno 1. R. 3. cap. 8. Pain fort dur paena fortis dura is in true French peine fort dure It signifieth in our common Law an especiall punishment for those that being arraigned of felony refuse to put themselves upon the ordinary try all of God and the Country and thereby are mute or as mute in interpretation of law This as Stawnf thinketh pl. cor lib. 2. cap. 60. is founded upon the Statute of Westm prim ca. 12. anno 3. Ed. prim His reason is because Bracton who writ before that Parliament maketh no mention of it and Britton writeth after that time touching it in his 4. chapter fol. 11. viz. in words to this effect If they will not acquit themselves let them be put to their penance untill such time as they doe desire tryall and let the penance be such viz. Let them be bare legged without girdle and without hat or cap in their coat only and lie in prison upon the naked earth day and night And let them eat no bread but of barly and brand nor drink any other than water and that upon that day when they cat not And let them be chained Stawnford in his said 60. chapter of his second book expoundeth it more plainly and particularly in this sort And note that this strong and hard pain shall be such sc He shall be sent back to the prison whence he came and layed in some lowe dark house where he shall lie naked upon the earth without any litter rushes or other cloathing and without any rayment about him but only something to cover his privie members And he shall lie upon his back with his head covered and his feet And one arme shall be drawn to one quarter of the house with a cord and the other arme to another quarter and in the same manner let it be done with his leggs and let there be laid upon his body iron and stone so much as he may bear or more and the next day following hee shall have
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the King for a fine formerly acknowledged before him in his Court which is paid by the Cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff of a City or Town commanding them to proclaim that none cast filth into the ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction land or fraunchis and generally when any thing is done to the Nusance of the Kings tenents Et idem eodem fol. 203 saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his forest laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a Neighbour by a Neighbour lying near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or
nonage and is in that respect allowed by law to deal for him in the managing his affairs as to be his Guardian if he hold of any in socage and in the redresse of any wrong done unto him be it by his Guardian if he be ward and hold in Chivalry or any others Stat. West pri cap. 48. 3 Ed. pri and Westm 2. cap. 15. anno 13 Ed. pri Profe alià s Prove is used for an Enquest anno 28 Ed. 3. cap. 13. Proclamation Proclamatio signifieth a notice publickly given of any thing whereof the King thinketh good to advertise his subjects So it is used anno 7 Rich. 2. cap. 6. Proclamation of rebellion is a publick notice given by the officer that a man not appearing upon a Subpoena nor an attachment in the Starchamber or Chancery shall be reputed a rebel except he render himself by a day assigned Cromptons jurisd fol. 92. See Commission of rebellion Proclamation of a fine is a notize openly and solemnly given at all the Assises that shall be holden in the County within one year after the ingrossing of the fine and not at the four general quarter sessions And these Proclamations be made upon transcripts of the fine sent by the Iustices of the common plees to the Iustices of Assise and the Iustices of peace West part 2. symbo titulo Fines sect 132. where also you may see the form of the Proclamation Proclamare est palam et valde clamare used by Tully Livie and the Civilian Ï€. Quibus ad liberta proclamare non licet And Proclamator signifieth him qui litem intendit vel causamagit Cicero de oratore lib. pri Non enim causidicum nescio quem neque proclamaâ—orem aut rebulam hoc sermone conquirimus c. I read in Fitz. nat br fol. 85 C. that the Kings proclamation is sufficient to stay a subject from going out of the Realm See the force of proclamations in an 31 H. 8. c. 8. see also proclamations in divers cases New book of Entries verb. Proclamations Proctors of the Clergy procuratores cleri are those which are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Dioces at the Parliament whose choise is in this sort First the King directeth his writ to the Arch-bishop of each Province for the summoning of all Bishops Deans Arch-deacons cathedral and collegiat churches and generally of all the Clergy of his Province after their best discretion and judgement assigning them the time and place in the said writ Then the Arch-bishops proceed in their accustomed course One example may serve to shew both The Arch-bishop of Canterbury upon his writ received directeth his letters to the Bishop of London as his Dean provincial 1 sect statuimus de poenis verb. tauquam in glos first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Arch-deacons cathedral and collegiate churches and generally all the Clergy of his Province to the place and against the day prefixed in the writ But directeth withall that one Proctor sent for every cathedral or collegiate Church and two for the body of the inferiour Clergy of each Dioces may suffice And by vertue of these Letters authentically sealed the said Bishop of London directeth his like Letters severally to the Bishop of every Diocesse of the Province citing them in like sort and commanding them not only to appear but also to admonish the said Deans and Arch-deacons personally to appear and the Cathedrall and collegiat Churches as also the common clergy of the Diocesse to send their Proctors to the place and at the day appointed and also willeth them to certifie the Archbishop the names of all and every so monished by them in a Shedule annexed to their Letters certificatory The Bishops proceed accordingly and the Cathedrall and collegiat Churches as also the Clergy make choise of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These Proctors of the Clergy howsoever the case of late daies is altered had place and suffrage in the lower house of Parliament as well as the Knights Citizens Barons of the Cinque ports and Burgesses For so it plainly appeareth by the statute anno 21 R. 2. cap. 2. cap. 12. And sithence they were removed the Church hath daily grown weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is used for him that gathereth the fruit of the benefice for another man anno 3 R. 2. stat 1. cap. 2. And procuracy is used for the specialty whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreves and other officers in the Exchequer which is twice in the year anno 51. H. 3. statute quins And it may be gathered also out of the Regist fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I read also of profers anno 32 H. 8. cap. 21. in these words Trinity term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the essoynes profers returns and other ceremonies heretofore used and kept In which place profer seemeth to signfie the offer or indeavour to proceed in action by any man whom it concerneth so to do See Britton cap. 2. fol. 50. b. 55. a. fol. 80. b. and Fleta lib. 1. cap. 38. sect Utlagati et seq Profer the half mark See Half mark Profession professio is in the Common law used particularly for the entring into any religious Order of Friers c. New book of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any Court either spiritual or secular to proceed in any cause there depending upon suggestion that the cognition thereof belongeth not to the said Court Fitz. nat br fol. 39. G. but is most usually taken especially in these daies for that writ which lyeth for one that is impleaded in the Court Christian for a cause belonging to the temporal jurisdiction or the cognisance of the Kings court whereby as well the party and his Councel as the Iudge himself and the Register or forbidden to proceed any farther in that cause for that it appertaineth to the dis-inheritage to the Crown of such right as belongeth unto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol 93. seq This writ and the praemunire might in these daies well be spared for they were helps to the Kings inheritance and Crown when the two swords were in two divers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weary the subject by many quirks and delays from obtaining his
but what observations he must use in his hunting see him pag. 180 181 186. See him likewise parte 2. ca. 20. num 5 8 9 c. See Purlieu Purpresture See Pourpresture Pursey anno 43 Eliz. cap. 10. Purswivant See Poursuivant Purveyours See Pourveyours Pyker aliàs Pycar a kind of ship anno 31 Edw. 3. stat 2. cap. 2. Q QUadragesima is the first Sunday in Lent so called as I take it because it is the fourtieth day before Easter The sunday before that is Quinquagesima the second before Sexagesima the third septuagesima Quae plura is a writ that lyeth where an inquisition hath been made by an Escheator in any county of such Lands or Tenements as any man dyed seised of and all that was in his possession be not thought to be found by the office The form whereof see in the Register original fol. 293. and in Fitz. nat br fol. 255. It differeth from the writ called melius inquirendo as Fitzh there sayth because this is granted where the Escheator formerly proceeded by vertue of his office and the other where he found the first office by vertue of the writ called Diem clausit extremum See the new Book of Entries verbo Quae plura Querens non invenit plegium is a return made by the Sheriff upon a writ directed unto him with this condition inserted Si A. fecsrit B. securum de loquela sua prosequenda c. Fitzherbert Nat. brev fol. 38. o. Quae servitia is a Writ See per quae servitia Quale jus is a writ judicial that lyeth where a man of religion hath judgement to recover Land before execution be made of the judgement for this writ must between Iudgement and execution go forth to the Escheator to enquire whether the religious person hath right to recover or the judgement is obtained by collusion between the Demandant and the Tenant to the intent that the true Lord be not defrauded See Westm 2. Cam. 32. Cum Viri religiosi c. The form of this writ you may have in the Register judicial fol. 8 16 17 et 46. And in the Old nat br fol. 161. See the new book of Entries verbo Quale jus Quare ejecit infra terminum is a writ that lyeth for a Leassee in case where he is cast out of his Ferm before his term be expired against the Feoffee or leassour that ejecteth him And it differeth from the Ejectione firma because this lyeth where the leassor after the lease made infeoffeth another which ejecteth the leassee And the Ejectione firma lyeth against any other stranger that ejecteth him The effect of both is all one and that is to recover the residue of the term See Fitzh nat brev fo 197. See the Register original fol. 227. And the new book of Entries verbo Quare ejecit infra terminum Quare impedit is a writ that lyeth for him who hath purchased a mannor with an advowsen thereunto belonging against him that disturbeth him in the right of his advowsen by presenting a Clerk thereunto when the Church is void And it differeth from the writ called Assisa ultimae praesentationis because that lyeth where a man or his Ancestors formerly presented and this for him that is the purchasor himself See the Expositour of the terms of the Law and Old nat brev fol. 27. Bracton lib. 4. tractat 2. cap. 6. Britton ca. 92. and Fitzh nat br fol. 32. and the Register original fol. 30. where it is said That a Quare impedit is of a higher nature than Assisa ultimae praesentationis because it supposeth both a possession and a right See at large the new Book of Entries verbo Quare impedit Quare incumbravit is a writ that lyeth against the Bishop which within six months after the vacation of a Benefice conferreth it upon his Clerk whilest two others be contending in law for the right of presenting Exposition of the Terms of Law Old nat br fol. 30. and Fitzh nat br fol. 48. Regist origin fo 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his Tenant being his Ward that after covenable mariage offered him marieth another and entreth neverthelesse upon his Land without agreement first made with his Lord and Gardian Terms of the Law Quare non permittie is a writ that lyeth for one that hath right to present for a turn against the Proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the Law of England to the widow of a landed man deceased whereby she may challenge to continue in his capital messuage or chief Mansion house by the space of forty daies after his decease Of this see Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the writ De Quarentina habenda Fitzh nat brev fo 161. See anno 9 H. 3. cap. 7. and anno 20. cap. 1. and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriveth this word from the French quaresme Who also have this custome called lo quaeresme des refues granted to widows after the decease of their husband as he proveth out of Papon in his Arests lib. 15 titulo des dots cap. 7. and li. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentina habenda is a writ that lyeth for a widow to enjoy her Quarentine Register original fo 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clark that hath recovered in a plee of advowsen The further use whereof see in Fitz. nat br fo 47. and Register origin fo 32. See the new book of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who having a servitude to passe through his Neighbours ground cannot enjoy his right for that the owner hath so strengthned it Fleta li. 4. cap. 26 sect Item si minus Quarter Sessions is a Court held by the Iustices of Peace in every County once every quarter The jurisdiction whereof how far it exceedeth is to be learned out of M. Lamberts Eirenarcha Sir Thomas Smith de republ Angl. li. 2. cap. 19. But to these you may adde the late Statutes of the Realm for their power daily encreaseth Originally it seemeth to have been erected only for matters touching the peace But in these days it extendeth much further That these Sessions should be held quarterly was first of all ordained so far as I can learn by the statute anno 25 E. 3. statut 1. cap. 8. Of this read Lamberts Eirenarcha the fourth book throughout where he setteth them out both learnedly and at large Quash quassare commeth of the French quasser i. quassare conquassare It signifieth in our Common Law to overthrow Bracton lib. 5 tractat 2. cap. 3. nu 4. Quecbord anno 17 Ed. 4. ca. 2. Que est mesme
phrase used by Britten cap. 119. for the determination or final end of the lineal race or descent of a kindred It seemeth to come from the French Sorg i. sanguis and Fine i. finitus Sauer de default is word for word to excuse a default This is properly when a man having made default in Court commeth afterward and allegeth good cause why he did it as imprisonment at the same time or such like New book of Entries verb. Sauer de default Saulf conduct salvus conductus is a security given by the Prince under the broad seal to a stranger for his quiet comming in and passing out of the Realm touching which you may see the Statutes anno 15 H. 6. cap. 3. anno 18 ejusdem cap. 18. anno 28 Hen. 8. cap. pri The form of this see in the Register original fol. 25. SC Stawnford was a man very learned in the Common laws of the Land wherein he wrote two books one termed the pleas of the Crown the other the Princes prerogative He flourished in the daies of Ed. the sixth and of Queen Mary being in Queen Marics daies a Judge and knighted Scandalum Magnatum is the especial name of a wrong done to any high personage of the Land as Prelates Dukes Earls Barons and other Nobles and also of the Chanceller Treasurer Clerk of the Privy Seal Steward of the house Justice of one bench or of the other and other great Officers of the Realm by false news or horrible and false messages whereby debates and discords betwixt them and the Commons or any scandal to their persons might arise anno 2 R. 2. cap. 5. Scavage otherwise called Shewage is a kind of toll or custome exacted by Maiors Shyreeves and Bayliffs of Cities and Borough Towns of Merchants for wares shewed to be sold within their Precincts which is forbidden by the Statute anno 19 Hen. 7. cap. 8. It commeth of the Saxon word Sceawe to behold or view or to shew whence is the word Sceaw stowe a theater or shew place a beholding place M. Verstigan in his restitution of decayed Intelligences litera S. Scire facias is Writ judicial most commonly to call a man to shew cause unto the Court whence it is sent why execution of a Judgement passed should not be made This writ is not granted before a year and a day be passed after the Iudgement given Old nat br fol. 151. Scire facias upon a fine lyeth after a year and a day from the fine levied Otherwise it is all one with the writ Habere facias seisinam West part 2. symb litulo fines sect 137 See anno 25 Edwardi 3. sta 5. cab 2. v. anno 39 Elizabeth cap 7. The Register original and judicial also in the Table sheweth many other diversities of this writ which read See also the new bock of Entries verb. Scire facias Scyra Cambd. Britan. pag. 103. 544. See Shyre Scot seemeth to come of the French escot i. symbolum Rastal saith it is a certain custome or common tallage made to the use of the Shyreeve or his Bailiffs Saxon in his description of England cap. 11. saith thus Scot a gadering to work of Bails what he meaneth God knoweth I think the place is corruptly printed Scot saith M. Cambden out of Mathew of Westm illud dicitur quod ex diversis rebus in unum aceru um aggregatur In the Laws of William the Conqueror set forth by M. Lamberd fol. 125. you have these words Et omnis Francigena qui tempâ—re Edwardi propinqui nostri fuit in Anglia particeps consuetudinum Anglorum quod dicunt aue hlote aue scote persolvantur secundum legem Anglorum Scot and Lot anno 33 H. 8. cap. 19. signifieth a customary tontribution laid upon all subjects after their hability Roger Hoveden writeth it Anlote Anscote in principio Henrici secundi Scotall scotalla is a word used in the Charter of the Forest c. 7. in these words as Pupilla ceuli hath them parte 5. cap. 22. Nullus Forestarius vel Bedellus facrat Scotallas vel garbas colligat vel aliquam collectam faciat c. M. Manwood part pri of his Forest laws pag. 216 thus defineth it A Scotall is where any Officer of the Forest doth keep an Ale house within the Forest by colour of his Office causing men to come to his house and there to spend their mony for scar of having displeasure It seemeth to be compounded of Scot and Ale Scutagio habendo is a writ that lyeth for the King and other Lord against the Terent that holdeth by Knights service wherein homage sealty and escuage be conteined being to make a voyage to war against the Scots or French men For in those cases this writ issueth out to all such Tenents to serve by themselves or a sufficient man in their place or else to pay c. See Fitz. nat br fol. 83. It is used in the Register original for him to recover escuage of others that hath either by service or fine performed his own to the King fol. 88. a. SE Sealer Stgillator is an Officer in Chancery whose duty is to seal the Writs and Instruments there made Sean fish anno 1 Jacob. ses 1. ca. 25. Sean fish tbidem seemeth to be that fish which is taken with a very great and long net called a Sean Second deliverance secunda deliberatione is a VVrit that lyeth for him who after a return of Cattel replevied adjudged to him that distreined them by reason of a default in the partie that replevied for the replevying of the same Cattel again upon security put in for the redelivery of them if in case the distresse be justified New Book of Entries verbo Replevin in second deliverance fol. 522. col 2. v. Dyer fol. 41. num 4 5. Secta ad Curiam is a writ that lyeth against him who refuseth to perform his sute either to the County or Court Baron Fitz. nat bre fol. 158. Secta facienda per illum qui habet eniciam partem is a VVrit to compel the Heir that hath the elders part of the cobeires to perform service for all the Coparceners Regist orig fol. 177. a. Secta mosendiui is a VVrit lying against him that hath used to grind at the Mill of B. and after goeth to another Mill with his Corn. Register original fol. 153. Fitzh uat br 122. But it seemeth by him that his writ lyeth especially for the Lord against this frank Tenents who hold of him by making sute to his Mill eodem See the new book of Entries verbo secta ad molendinum By likelihood this service is also in France For Balduinus ad titulum de servitutibus praediorum in Institut hath these words Bannalis mola novae barbarae servitutis species est qua hodie passim rustici cogunt ur una mola quam bannalem vocamus unoque furno uti ad quaestum Deasini qui fortasse praeest jurisdictioni ejus pagi Sectam
peace may a Iustice of peace command either as a Minister when he is willed so to do by a higher authority or as aludge when he doth it of this own power derived from his Commission Of both these see Lamberds Eirenarcha lib. 2. cap. 2. pa. 77. See Peace See Supplicavit Suffragan Suffraganeus is a titular Bishop ordained and assisted to aid the Bishop of the Diocesse in his spiritual function c. Suffraganeus Extra de electione For the Etymologie Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur Joach Stephanus de jurisdict lib. 4. cap. 16. num 14. It was enacted anno 26 H. 8. cap. 14. that it should be lawfull to every Diocesan at his pleasure to elect two sufficient men within his Diocesse and to present them to the King that he might give the one of them such Title Stile Name and Dignity of sease in the said Statute specified as he should think convenient Suyte Secta commeth of the French Suite i. affectatio consecutio sequela comitatus It signifieth in our Common law a following of another but in divers senses the first is a sute in Law and is divided into sute real and personal Kitchin fol. 74. which is all one with action real and personal Then is there sute of Court or sute service that is an attendance which a Tenent oweth at the Court of his Lord. Fitz. nat brev in Indice verbo Suite suyte service and suyte real anno 7. H. 7. cap. 2. The new Expositour of Law terms maketh mention of four sorts of sutes in this signification Sute covenant sute custome sute real and sute service Sute covenant he defineth to be when your Ancestor hath covenant with mine Ancestor to sue to the Court of mine Ancestors Sute custome when I and my Ancestors have been seised of your own and your Ancestors sute time out of mind c. Sutereal when men come to the Sheriff Turn or Leet to which Court all men are compelled to come to know the Laws so that they may not be ignorant of things declared there how they ought to be governed And it is called real because of their allegiance And this appeareth by common experience when one is sworn his oath is that he shall be a loyal and faithfull man to the King And this sute is not for the Land that he holdeth within the County but by reason of his person and his abode there and ought to be done twice a year for default whereof he shall be amerced and not distrained I think this should be called ratherregal or royal because it is performed to the King for royal The French word in the usual pronuntiation commeth near to real the letter o being almost suppressed See Leet Suyte service is to sue to the Sheriff Turn or Leet or to the Lords Court from three weeks to three weeks by the whole year And for default thereof a man shall be distrained and not amerced And this sute service is by reason of the tenure of a mans Land Then doth sute signifie the following of one in chase as fresh sute West 1. cap. 46. a. 3 Edw. 1. Lastly it signifieth a Petition made to the Prince or great personage Suyte of the Kings peace secta pacis Regis anno 6 R. 2. stat 2. cap. pri anno 21 ejnsdem cap. 15. anno 5 Hen. 4. ca. 15. is the persuing of a man for breach of the Kings peace by treasons insurrections rebellions or trespasses Summoneas is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Register Judicial Summoner summonitor signifieth one used to call or cite a man to any Court. These by the Common law ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes qued sint coram talibus Justiciarits ad certos diem â—locum secundum mandatum Justiciariorum Vicecomiti directum parati inde facere recognitionem lib. 4. cap. 5. § Et cum Summons summonitio see Summons Common Summons Marlb cap. 18. anno 52 Hen. 3. it l. Summons in terra petita Kitch fol. 286. is that Summons which is made upon the Land which the party at whose sute the summons is sent forth seeketh to have Summons ad warrantizandum Dyer fol. 69. nu 3â— Sumage Sumagium seemeth to be toll for carriage on horse-back Crompton Jurisd fol. 191. For where the Charter of the Forest cap. 14. hath these words for a horse that beareth loads every half year a half penny the Book called Pupilla oculi useth these words pro uno equo portante summagium per dimidium annum obolum It is otherwise called a Seam And a Seam in the Western parts is a Horse-load Superoneratione pasturae is a writ Iudicial that lyeth against him who is impleaded in the County for the over-burthening of a Common with his cattell in case where he is formerly impleaded for it in the County and the cause is removed into the Kings Court at Westm Supersedeas is a writ which lyeth in divers and sundry cases as appeareth by the Table of the Register original and the Iudicial also and by Fitzh nat bre fol. 226. and many other places noted in the Index of his Book verbo Snpersedeas But it signifieth in them all a command or request to stay or forbear the doing of that which in apparence of Law were to be done were it not for the cause whereupon the Writ is granted For example a man regularly is to have surety of peace against him of whom he will sweat that he is asraid and the Iustice required hereunto cannot deny him Yet if the party be formerly bound to the peace either in Chancery or elsewhere this writ lyeth to stay the lustice from doing that which otherwise he might not deny Super statutum Edward 3. vers servants and labourers is a writ that lyeth against him who keepeth my servants departed out of my service against Law Fitz. nat fol. 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupyeth vittelling either in grosse or by retail in a City or Borough Town during the time he is Major c. Fitz. nat brev fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in chief which alienateth the Kings Land without the Kings license Fitzh nat brev fol. 175. Super statuto facto pour Seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his Court of Freehold or for trespasse contracts not made within the Kings houshold Fitzherbert nat brev fol. 241. Super statuto de Articulis Cleri cap. 6. is a writ against the Sheriff or other Officer that distraineth in the Kings high-way or in the glebe Land antiently given to Rectories Fitz. nat brev
which doctrine Fitzherbert in his Natura brevium fol. 112. E. extendeth thus far that if any of the goods be cast upon the dry Land by any in the ship it is no wreck subject to the Prerogative for by this some of the Ship are presumed to come to land and still to have a custody of the goods Cook ubi supra This in the Grand Customary of Normanny cap. 17. is called varech and latined veriscum where it appeareth that the like law to ours was in Normandy almost in all points But some sorts of their precious Merchandise do by their law appertain to the Duke by his Prerogative though a just challenge of the goods be made within the year and day The Emperors of Rome made no advantage of this pitifull event as appeareth titulo De Naufragiis 11. Cod. And it appeareth that Richard the first had some remorse of poor sea-mens miseries in this case For he quietum clam evit wreck suis subditis Rog. Hoveden parte poster suerum annâ—l fol. 386. Of this M. Skene de verb. siguif speaketh to this effect wreck signifieth a power liberty and prerogative appertaining to the King or to any person to whom the same is granted by him by feoffment or any other disposition to take up and gain such goods as are ship-broken or fall to him by escheat of the sea Writ breve is that with our Common Lawyers in Sir Thomas Smiths judgement lib. 2. de Repub. Anglorum ca. 9. which the Civilians call Actionem sive formulam But I am rather of his judgement that hath added the marginal note unto him saying that Actio is the parties whole sute and that Breve is the Kings precept whereby any thing is commanded to be done touching the sute or action as the Defendant or Tenent to be summoned a distresse to be taken a disseisin to be redressed c. And these writs are diversly divided in divers respects Some in respect of their order or manner of granting are termed original and some judicial Original writs be those that are sent out for the summoning of the Defendant in a personal or Tenent in a real action or other like purpose before the sute beginneth or to begin the sute thereby Those be judicial that be sent out by order of the Court where the cause dependeth upon occasion growing after sute begun Old nat brev fol. 51. And Iudicial is thus by one sign known from the Original because the Teste beareth the name of the Chief Iustice of that Court whence it commeth where the Original beareth in the Teste the name of the Prince Then according to the nature of the action they be personal or real and real be either touching the possession called writs of Entry or the property called writs of right Fitz. nat br sparsim per totum Some writs be at the sute of a party some of office Old nat br fol. 147. Some ordinary some of privilege A writ of privilege is that which a privileged person bringeth to the Court for his exemption by reason of some privilege See Procedendo See the new book of Entries verbo Privilegt See Brief Writ of Rebellton See Commission of Rebellion Writer of the Tallies Scriptor talliarum is an Officer in the Exchequer being Clerk to the Auditor of the Receipt who writeth upon the Tallies the whole letfers of the Tellers bills Y. YA YArd lands Virgata terrae is a quantity of land called by this name of the Saxon Gyrdlander but not so certain a quantity as that it is all one in all places For in some Countries it containeth 20 acres in some 24. in some 30. as M. Lamberd saith in his explication of Saxon words verbo virgata terrae This Yard land Bracton calleth virgatam terrae lib. 2. cap. 10. et 37. but he expresseth no certainty what it containeth YE Year and day annus et dies is a time thought in construction of our Common law fit in many cases to determine a right in one and to work an usucapion or prescrition in another As in a case of an estray if the owner Proclamations being made chalenge it not within that time it is forfeit So is the year and day given in case of appeal in case of descent after entry or claim of no claim upon a fine or writ of right at the Common law so of a villein remaining in antient demean of the death of a man sore bruised or wounded of Protections Essoins in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the Civil Law Nam si mortiferè fuerit vulneratus et posteà post longum intervallum mortuus fit inde annum numerabimus secundum Iulianum l. ait lex n. ad legem Aquiâ— Year day and wasto annus dies et vastum is a part of the Kings Prerogative whereby he challengeth the profits of their lands and tenements for a year and a day that are attainted of petit treason or felony whosoever be Lord of the Manor whereunto the lands or tenements do belong and not only so but in the end wasteth the tenement destroyeth the houses rooteth up the woods gardens pasture and ploweth up meadows except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee wherof you may read at large Siawnf prarog cap. 16. fol. 44. et seq YO Yoman seemeth to be one word made by contraction of two Danish words young men which I gather out of Canutus Charter of the Forest set out out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend â—uncupant Dani vero yong men vecaut locati qui curam et onus tum viâ—idâ—s tum veneris suscipiant These M. Cambden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Iugenuos whose opinion the Statute affirmeth anno 6 R. 2. cap. 4 Whereunto adde the Statute anno 20. ejusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our Laws call legalem hominem which as he saith is in English a â—ee man born that may dispend of his own free land in yearly revenue to the sum of 40 shillings sterling Of these he writeth a good large discourse touching their estate and use in this Common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch Yonger yea or not which in the Low-countries signifieth a mean Gentleman or a gay fellow but he that hath added the marginal notes to that book seemeth to draw it from the Saxons Geman which signifieth a maried man M. Verstegan in his restitution of decayed intelligence cap. 10. writeth that Gemen among the antient Teutonicks and Germein among the modern signifieth as much as common and that the first Letter G. is in this word as in many others turned into Y. and so writeth Yemen and that therefore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place between the Sergeant and the Groom as Yoman of the Chaundry and Yoman of the Scullery an 33 Hen. 8. cap. 12. Yoman of the Crown anno 3 Ed. 4. cap. 5. anno 22 ejusdem cap. 1. anno 4 H. 7. cap. 7. This word Yongmen is used for Yomen in the Statute anno 33 H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS
common consent in the Courts called birlaw courts In the which cognition is taken of complaints betwixt neighbour neighbour which menso chosen are Judges and Arbitratours to the effect aforesaid and are called birlaw men For bawr or bawrsman in Dutch is rusticus so birlaw or burlaw leges rusticorum Hitherto M. Skene Bilinguis though it signifie in the generality a double tongued man yet in our Common law it is used for that Jury that passeth between an English man and an alien Whereof part must be Englishmen and part strangers an 28 Ed. 3. cap. 13. Bille billa is diversly used among our Common lawyers First as West saith pa. 1. symb lib. 2. sect 146. it is all one with an obligation saving that when it is in English it is commonty called a bill and when it is in Latin an obligation But I hear other good Lawyers say that a bill though it be obligatory yet is without condition or forfeiture for non payment and that the obligation hath both Bill secondly is a declaration in writing that expresseth either the grief and the wrong that the complainant hath suffered by the party complained of or else some fault that the party complained of hath committed against some law or statute of the Common-wealth This bill is sometime offered up to Justices errants in the general assises sometime and most of all to the Lord Chancellor of England especially for unconscionable wrongs done sometime to others having jurisdiction accordingly as the law where upon they are grounded doth direct It containeth the fact complained of the dammages thereby suffered and petition of processe against the defendant for redresse West parte 2. Symbol titulo supplications sect 52. whom you may reade at large touching this matter Billa vera is as it were a word of art in our Common law For the grand enquest empaneled and sworn before the Justices in Eyre c. indorsing a bill whereby any crime punishable in that Court is presented unto them with these two words do signifie thereby that the present or hath furnished his presentment or denunciation with probable evidence and worthy of farther consideration And thereupon the party presented by the same bill is said to stand indicted of the crime and so tyed to make answer unto it either by confessing or traversing the indictment And if the crime touch the sife of the person indicted it is yet referred to another enquest called the enquest of life and death who if they find him guilty then he standeth convicted of the crime and is by the Judge to be condemned to death See Ignoramus see Indictment Billets of gold commeth of the French billot i. massa auri anno 27 Edw. 3. stat 2. ca. 14. Bynny peper anno 1 Jaco ca. 19. BL Black maile is half English half French For in French maille signifieth a small piece of money which we call a half peny It signifieth in the Counties of Cumberland Northumberland Westmerland and the Bishoprick of Duresme a certain rate of money corn cattel or other consideration paid unto some inhabiting upon or near the borders being men of name and power allied with certain known to be great robbers and spoil-takers within the said Counties to the end thereby to be by them fteed protected and kept in safetie from the danger of such as doe usually robbe and steal in those parts anno 43. Eliz. cap. 13. Blacke rodde is the huissier belonging to the order of the Garter so called of his black rodd that he carrieth in his hand He is of the Kings chamber and also huissier of the parliament Blancks commeth of the French blanc i. candidus albus It signifieth a kind of coin that was coine in the parts of France by King H. the fifth that were subject to England the value whereof was eight pence Stowes annals pag. 586. These were forbidden to be current within this Realm an 2 H. 6. cap. 9. The reason why they were called blanks may be because at the time these were coined in France there was also a piece of gold coyned which was called a Salus of the value of twenty-two shillings from which this silver was in name distinguished by the colour Bloudy hand See Backberend Blomary is one of the forges belonging to an iron mill which also seemeth otherwise to be termed a Finary The use whereof if you will understand you must know that first there is a furnace wherein the mine-stones are melted and cast into a raw iron fashioned into long wedges three square that be called sows Then be there two forges like unto Smiths forges but much bigger the one whereof is called the blomary or as it seemeth the finary into the which being maintained with a charcole fire blown with bellowes made to goe by water are cast the said sowes of raw iron and melted again and by a workman called the finary man are wound and wrought round and afterward beaten by a hammer into â—ittle wedges about a yard long which are called bloomes Then is there another forge called the Hammer into which these bloomes are cast and by a workman called the Hammer man again chafed and made soft in a charcole fire blown likewise with bellowes caused to goe by water and after carried by the said Hammerman and put under the great Hammer also driven by the water And so the said bloomes are drawn fashioned and made into such barts of iron of divers sorts and forms as we see commonly sold Of this you may read in the Statute an 27 Elizab. ca. 19. See Baye Bloudwit blodwita is compounded of two Saxon words blout i. sanguis and wit for the which we have the word wite still in the West parts of England signifying a charging of one with a fault or an upbraiding And Speight in his expositions upon Chawcer saith that to twit is as much as to blame To twit in some other places of this land signifie has much as to hitt in the teeth or to upbraid This bloudwit is a word used in charters of liberties antiently graunted and signifieth an amercement for shedding of bloud So that whosoever had it given him in his Charter had the penaltie due for shedding of bloud granted unto him Rastal in his exposition of words Skene de verbo signif writeth it bludveit and saith that veit in English is injuria vel misericordia and that bludveit is an amercement or unlawe as the Scottishmen call it for wrong or injury as bloudshed is For he that is infest with bludveit hath free liberty to take all amercements of Courts for effusion of bloud Fleta saith quod significat quietantiam misericordiae pro effusione sanguinis li. 1. ca. 47. BO Bockland See Charterland See Copie-hold and Free-hold Bonis arrestandis is a writ for the which See Arrestandis bonis Bonis non amovendis is a writ to the Shyreevs of London c. to charge them that one condemned by judgement in an action and prosecuting a