have any real or personal Action concerning land but in every such Action the Tenant or Defendant may plead that he was born in such a place which is not within the Kings liegeance and demand judgment if he shall be answered Every alien friend may by the Common Law have and get within this realm by gift trade or other lawful ways any treasure or personal goods whatsoever as well as any Englishman and may maintain any Action for the same But Land within this realm or houses if not for their dwelling only Alien friends connot have nor get nor maintain any Action real or personal for any Land or House unless the House be for their necessary dwelling An Alien enemy cannot maintain any Action nor get any thing within this Realm And the reasons why aliens born are not capable of inheritance within England are 1. The Secrets of the Realm may by this be discovered 2. The Revenues of the Realm shall be taken and injoyed by Strangers born 3. This will tend to the destruction of the Realm First in the time of war for then Strangers may fortifie themselves in the heart of the Realm and set in combustion the Common-wealth Secondly in the time of peace for by such means many Aliens born may get a great part of the Inheritance and free-hold of the Realm by which there would ensue a want of Iustice the supporter of the Common-wealth for this that Aliens cannot be returned of Iuries nor sworn for the tryal of Issues between the King and Subject or between Subject and Subject Vide Coke lib. 7. Calvins Case Alienation ALienation is as much to say as to make a thing another mans or to alter or put the possession of Lands or other things from one man to another And in some cases a man hath power in himself so to do without the assent or licence of any other and in some not As if Tenant in chief alien his estate without the Kings licence then by the St. of 1 Ed. 3. c. 12. a reasonadle Fine shall be taken where at the Common Law before the said St. the Lands and tenements held in chief of the K. and aliened without licence have been held forfeited And if the K's Tenant that holds in chief intended to alien unto C. to the use of D. and hereupon if he purchase Licence to alien to C. and accordingly aliens to C. to the use of D. which use is not mentioned in the Licence in this case he shall pay but one Fiue for it is but one Alienation Coke lib. 6 fol. 28. But if a man will alien Lands in Fee-simple to an House of Religion or to a body incorporate it behoves him to have the Kings Licence to make this Grant or Alienation and the chief Lords of whom such lands are held c. otherwise the land so alienated in Mortmain shall be forfeited by the Statute of 15 R. 2. cap. 5. Allay ALlay is the Temper or mixture of Gold and Silver with baser metal for the increasing the weight of it so much as might countervail the Kings charge in the coyning This word is used in the Statute of 9 H. 5. cap. 11. for the payment of English Gold by the Kings weight Almner ALmner is an Officer of the Kings house whose Office is to distribute the Kings Alms every day and to that purpose he hath the collecting of all Forfeitures of Deodands and of the goods of Felons de se which the King allows him to dispose in Alms to the poor And of his Office see Flets lib. 2. cap. 22. Almoin ALmoin See Aumone Alnager ALnager is an Officer of the Kings who by himself or by his Deputy looks to the Assise of all Cloth made of Wool throughout the Land and to put a Seal for that purpose ordained unto them 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. And he is to be accomptable to tae King for every Cloth that is so sealed in a Fee or Custom hppertaining to it Altarage ALtarage in Latin Altaragium signifie Duties and Offerings to holy Altars mention'd 2 Cro. Rep. 516. that a Vicarage was endowed with it and small Tythes Ambidexter AMbidexter is he that when a matter is in suit between men takes money of the one side and of the other either to labour the Suit or such like or if he be of the Iury to give his Verdict Amendment AMendment is When Error is in the Process the Iustices may amend it after Iudgment But if there be Error in giving Iudgment they may not amend it but the party is put to his Writ of Error And in many cases where the default appears in the Clerks that writ the Record it shall be amended but such things as come by information of the party as the Town Mystery and such like shall not be amended for he must inform true upon his peril Amercement AMercement most properly is a Penalty assessed by the Peers or equals of the party amerced for an offence done as for want of Suit of Court or for not amending someting that he was appointed to redress by a certain time before or for such like cause in which case the party who offends puts himself in the mercy of the King or Lord and thereupon this Penalty is called Amerciament And there is a difference between Amerciaments and Fines Kitch 214. For Fines are Punishments certain which grow expressy from some Statute and Amerciaments are such which are arbitrarity imposed by the Affeerors which Kitchin seems to confirm fol â— 8. in these words The Amerciament is affeered by Equals Also it appears Coke lib. 8. fol. 39. That a Fine is always imposed and assessed by the Court but Amerciament which is called in Latin Misericordia is assessed by the Country Another diversity there is as if a man be convict before the Sheriff of the County of a Recaption he shall be only amerced but if he be convict of this in the Common Bench he shall be fined And the reason of this diversity is That the County Court is not a Court of Record and therefore cannot impose a Fine for no Court can impose a Fine but such a Court as is of Record Cok. lib. 8. fol. 41. a. If the Defendant or Tenant plead a false Deed to him or deny his own Deed and this is found against him or he leaving his own Verification acknowledges the Action he shall be fined for his falsity because we ought to be sure of our own Acts. But if one deny the Deed of his Ancestor and this is found against him yet he shall not be fined but amerced only because it was the act of a Stranger Co. lib. 8. fol. 60. a. see more there Amercement royal AMercement royal is when a Sheriff Coroner or other such Officer of the King is amerced by the Iustices for his abuse in the Office Learn if it should not be called a Fine Amoveas manus AMoveas manus See Ouster le
and not retornable And if the Sheriff do it not then there shall go forth another Writ Sicut alias and afterward another Writ Sicut pluries vel causam nobis significes which shall be retornable And if the Sheriff yet make no Replevin then there shall issue an Attachment directed to the Coroners to attach the Sheriff and to bring him before the Iustices at a certain day and farther that they make execution of the first Writ Replication REplication is when the Defendant in any Action makes an Answer and the Plaintiff replies to that that is called the Replication of the Plaintiff Reprises REprises are Deductions Payments and Duties that go yearly and are paid out of a Mannor as Rent chare Rent seck Pensions Corrodies Annuities Fees of Stewards or Bailiffts and such like Reprieve REprieve comes from the French Repris that is taken back so that to reprieve is properly to take back or suspe â— d a Prisoner from the Execution and proceedings of the Law for that time Requests REquests is a Court held in the Kings Palace before the Master of the Requests by Petition and it seems is a Court of Equity Rere County REre County is a word used in the Statutes of Westm 2. cap. 39. and 2 E. 3. c. 5. and seems by those Statutes to be some publick place which the Sheriff appointed for the receiving of the Kings mony after his County Court was done Resceit REsceit is when any Action is brought against the Tenant for term of life or years and he in the Reversion comes in and prays to be received to defend the Land and plead with the Demandant And when he comes it behoves that he be alway ready to plead with the Demandant In the same manner a Wife shall be received for the default of her Husband in an Action brought against them both And Tenant for years shall be received to defend his Right where in an Action brought against the Tenant of the Free-hold he pleads faintly Rescous REscous is a Writ that lies when any man takes a Distress and another takes it again from him and will not suffer him to carry the Disress away this is a Rescous upon which he may have this Writ and shall recover dammages Also if one distrain Beasts for dammage Feasant in his Ground and drives them in the High way to Impound them and in going they enter into the House of the owner and he withholds them there and will not suffer the other to impound them that withholding is a Rescous Also if a Sheriff takes my Debtor by an Execution or by mesne Process and J. S. rescue him out of the Custody of the Sheriff I may have an Action of Rescous against J. S. for this wrong and recover Dammages and Debt Reservation REservation is taken divers ways and hath divers natures As sometimes by way of exception to keep that which a man had before in him As if a Lease be made for years of Ground reserving the great Trees growing upon the same now the Lessee may not meddle with them nor with any thing that comes of them so long as it abides in or upon the Trees as Mast of Oak Chesnut Apples or such like but if they fall from the Trees to the ground then they are by right the Lessees for the Ground is let to him and all thereupon not reserved c. Sometimes a Reservation doth produce and bring forth another thing which was not before As if a man Lease his Lands reserving yearly for the same xxli c. And divers other such Reservations there be And note that in ancient time their Reservations were as well in Victuals whether Flesh Fish Corn Bread Drink or what else as in Money until at last and that chiefly in the Reign of King Henry 1. by agreement the Reservation of Victuals was changed into ready Money as it hath hitherto continued Residence REsidence comes from the Latine Residere and is all one with Resiance but that this word Residence is oftner appropriated to the Continuance of a Parson or Vicar upon his Church or Benefice and so it is used in the Statute of 28 H. 8. cap. 13. Resignation REsignation is where an Incumbent of a Church resigns or leaves it to the Ordinary who did admit him to it or to his Successors which differs from Surrender since by that he to whom the Resignation is made hath no interest in the thing so resigned but he to whom the Surrender is made hath by that the thing it self Restitution REstitution is when a Iudgment is reversed by Error then a Writ of Restitution shall issue to restore to the Defendant in the Action what he hath lost And there is a Writ of restitution of stolen goods upon conviction of the Thief which is made at the Sessions or Assises on the Statute of 21 H. 8. 11. Noy rep 128. Resummons REsummons is a Second Summons of a man to answer an Action where the first Summons is defeated by the Demise of the King or such other cause And of this see Coke lib. 7. fol. 29. b. Also if a Terr-tenant returned upon a Scire facias or Defendant in another Action plead non-age and the Plea stays until c. When he comes of full age the Plaintiff upon a suggestion may have a Scire facias or resummons And so when a Plea is staid by pleadiny Protection Excommunication or such other disability Resumption REsumption is a word used in the Statute of 31 H 6. c. 7. and is there taken for the Taking again into the Kings hands such Lands or Tenements as upon false suggestion or other error he had made Livery of to an Heir or granted by Patent to any man Retraxit REtraxit is the Preterperfect tense of Retraho to pull back and is when the party Plaintiff or Demandant comes in proper person into the Court where his Plea is and saith he will not proceed any farther in the same c. this will be a Bar to the Action for ever Reve or Reeve REeve is an Officer more known in ancient time then at this day for almost every Mannor had then a Reeve and yet still in many Copyhold-Mannors where the old custom prevails the name and office is not altogether forgotten And it is in effect that which now every Bayliff of a Mannor practises although the name of Bayliff was not then in use amongst us being siuce brought in by the Normans But the name of Reeve anciently called Greeve which Particle Ge in continuance of time was altogether left out and lost came from the Saxon word Geresa which signifies a Ruler And so indeed his Rule and Authority was large within the compass of his Lords Mannor and among his men and Tenants as well in matters of Government in peace and war as in the skilful use and trade of Husbandry For as he did gather his Lords Rents pay Reprises or Duties issuing out of the Manor set the Servants
LES TERMES DE LA LEY OR Certain difficult and obscure Words and Terms of the Common Laws and Statutes of this Realm now in use expounded and explained Now Corrected and Enlarged With very great Additions throughout the whole Book never Printed in any other Impression Hor. Multa renascentur quae jam cecidere cadentque Quae nunc sunt in honore vocabula si volet usus LONDON Printed by W. Rawlins S. Roycroft and M. Flesher Assigns of Richard and Edward Atkins Esquires For G. Walbanke S. Heyrick J. Place J. Poole and R. Sare 1685. To the READER I Need not strive much to prove the necessity of this Book if you consider that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason began with it much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science to which this little Book must open the door and let them in But least of all need I suspect that whoever is convinced of these two Points its Necessity and Profitableness will fail to peruse and esteem it Though no name of any Authour appears to it yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal that reverend Judge who was eminently knowing both in the Common and Statute Law of this Land as appears by the many Leraned Expositions and Excellent Cases which every where occur in it And we may probably guess it to be written by him originally in French only having some cause to suspect the Translation to be done by a less skilful Hand For though by the many Impressions of it and carelesness of Printers it has suffered much as other Books of like nature daily do yet some Objection lay against the Translator himself as to omit others Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum which was Englished thus odly A Place wherein common Tracts of men Collegiate are made And for Errors of the Press they were very numerous and strangely unhappy as disseised for die seized Common Law for Canon Law deep for deer necessary for accessary tiel for viel rather for either owner for power c. In devastaverunt sans compulsion was Englished by compulsion In the word Gild two whole Lines were omitted in the English and the French imperfect so likewise in Garranty and other words There was also a mistake in Geography in the word Pape where Rome was said to be 1500 miles from hence full 500 too much And still as Impressions were iterated Errat's increased Besides the very many Faults which were thus crept into this Book it was so extreamly misalphabeted that some words could not be found without much difficulty I had almost said not at all for if the Reader finds not the word he seeks in its true place he commonly lays by the Book with despair To remedy these encreasing Evils I was willing to bestow my endeavour First by adding above an hundred Words with Explications in their proper places and making references to others where needful Secondly by Correcting the whole Work in what I found amiss and retrenching some antiquated and tautological Expressions as they occurred Thirdly by adding to some old words such late Statutes as alter or concern the Law established by them And lastly by digesting the whole into an exact Alphabet and taking care to prevent Errors of the Press That I intended well I can give you but my word how I have performed I make my Reader Judge Inner Temple T. B. TERMS OF THE LAW EXPOUNDED Abate ABate seems to come from the French Abbatre is to destroy or defeat utterly and has several significations As to Abate a Castle or Fortlet Old Natura brev fo 45. which in Westem 1. cap. 17. is interpreted to beat down And to abate a Writ is to defeat or overthrow it by some Error or Exception Britton cap. 48. And he that steps in between the former possessor and his Heir is said to abate in the Lands See Abatement Abatement of a Writ or Plaint ABatement of a Writ or Plaint is when an Action is brought by Writ or Plaint wherein is want of sufficient and good matter or else the matter alledged is not certainly set down or if the Plaintiff or Defendant or Place are misnamed or if there appear variance between the Writ and the Specialty or Record or that the Writ or the Declaration be uncertain or for Death of the Plaintiff or Defendant and for divers other like causes then upon those defaults the Defendant may pray that the Writ or Plaint may abate that is to say that the Plaintiffs Suit against him may cease for that time and that he shall begin again his Suit and bring a new Writ or Plaint if he be so disposed But if the Defendant in any Action plead a matter in Bar to annul the Action for ever he shall not come afterwards to plead in Abatement of the writ but if after it appear in the Record that there is some matter apparent for which the Writ ought to be abated then the Defendant or any person as a friend to the Court may well plead and shew it in Arrest of Iudgement See the titles of Writ Misnosmer and Variance in the Abridgements and the Book called The Digests of Writs in which this matter especially is very well handled There are also other matters Which abate and stay Actions and Writs that is to say Variance between the Writ and the Count. If the Plaintiff be an alien Enemy For want of naming the Defendant of what Town Trade or degree he is where the Suit is by Writ That a Woman Plaintiff is married before or hanging the Suit That the Plaintiff hath another Action depending for the same cause That the Writ is dated before the Action accrued For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer For that the Land is ancient demesne For that the matter in Suit was done upon the high Sea in which case the Admiral hath Iurisdiction These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time If the Plaintiff in Action personal be out-law'd or convicted of Recusancy or Excommunicated Vpon a Scire facias against ter ' tenants for Debt plea that there are other Lands liable to the same Debt which are not returned doth stay the Proceedings until they be also returned Abatement in Lands ABatement in Lands or Tenements is when a man dies seised of Lands or Tenements and one that hath no right enters into the same before the Heir this Entry is called an Abatement and he an Abator But if the Heir enter first after the death of his Ancestor and the other enter upon the possession of the Heir this last entry is a Disseisin to the Heir Look in
Executors he that doth appear by Distress shall answer doth extend by Equity to Administrators for such of them as appear first by Distress shall answer by Equity of the said Act because they are of the like kind So likewise the Statutes of Gloucester gives the Action of Waste and the Penalty of it against him that holds for Life or Years and by the Equity thereof a man shall have an Action of Waste against him that holds but for one year or half a year yet this is without the words of the Statute for he that holds but for half a year or one year doth not hold for years but that is the meaning and the words that Enact the one by Equity Enact the other Errant ERrant id est Itenerans comes from the French word Errer id est Errare or if the old word Erre id est Iter and is appropriated unto Iustices that go Circuit and to the Bailiffs at large who are therefore called Justices Errants and Bailiffs Errants because they go and travel from place to place the one to do Iustice and the other to execute Process See Eire Error ERror is a Fault in Iudgement or in the Process or Proceeding to Iudgment or in the Execution upon the same in a Court of Record which in the Civil Law is called a Nullitie Error is also the name of a Writ that lies where Iudgment is given in the Common place or before the Iustice in Assise or Oyer and Terminer or before the Major and Sheriffs of London or in other Court of Record against the Law or upon undue and ill Process then the party grieved shall have this Wrft and thereupon cause the Record and Process to be removed before the Iustices of the Kings Bench and if the Error be found it shall be reversed But if an erroneous Iudgment be given in the Kings Bench then it could not be reversed but by Parliament until the Statute of 27 Eliz. cap. 8. Also if such a Default in Iudgment be given in a Court not of Record as in a County Hundred or Court-Baron the party shall have a Writ of False Iudgment to cause the Record to be brought before a Iustice of the Common-place Also if Error be found in the Exchequer it shall be redressed by the Chancellor and Treasurer as it appeas by the Statute E. 3. an 31. c. 12. 31 El. c. 1. Also there is another Writ of Error upon a Iudgment in the Kings Bench and that is where the Plaintiff assign matter of Fact for Error And this lies in the same Court for this Court can redress their Errors in Fact but not their errors in Law But the Court of common B. cannot do so Escape EScape is where one that is arrested comes to his liberty before he be delivered by Award of any Iustice or by order of Law Escape is in two sorts voluntary and negligent Voluntary Escape is when one doth arrest another for Felony or other Crime and after he in whose custody he is lets him go where he will And if the Arrest were for Felony then shall it be Felony in him that suffered the Escape if for Treason then Treason in him and if for Trespass then Trespass and so in all other When one is arrested after escapes against the will of him that did arrest him and is not freshly pursued and taken before the pursuer loses the sight of him this shall be said a negligent Escape notwithstanding that he out of whose possession he escaped do take him after he lost sight of him A so if one be arrested and after escape and is at his liberty and he in whose ward he was take him afterward and bring him to the prison yet it is an Escape in him If a Felon be arrested by the Constable and brought to the Goal in the County and the Goaler will not receive him and the Constable lets him go and the Goaler also and so he escapes this is an Escape in the Goaler for that in such case the Goaler is bound to receive him by the hand of the Constable without any Precept of the Iustice of Peace But otherwise it is if a common person arrest another upon suspicion of Felony there the Goaler is not bound to receive him without a Precept of some Iustice of Peace There is an Escape also without an Arrest as if Murder be made in the day and the Murderer be not taken then it is an escape for which the Town where the Murder was done shall be amerced And it is to be observed That a man may be said to escape notwithstanding he always continues in Prison As if a man be in Prison upon two Executions at the Suit of two several men and the old Sheriff delivers over this Prisoner to the new Sheriff by Indenture according to the usual course and in the said Indenture makes no mention of one of the said Executions this Omission shall be said an Escape in Law instantly for which the Old Sheriff shall answer although the Execution was matter of Record whereof the new Sheriff might have taken notice But otherwise it is where the old Sheriff dies for in such case it behoves the new Sheriff at his peril to take notice of all the Executions that are against any person that he finds in the Gaol But in the said Case where the Sheriff dies and before another is made one that is in Execution breaks the Gaol and goes at large this is no Escape for when a Sheriff dies all the Prisoners are in the custody of the Law until a new Sheriff be made See Coke lib. 3. fol. 72. If the Sheriff upon a Capias ad satisfaciendum to him directed makes Return That he hath taken the Body and yet hath not the Body in Court at the day of the Return the Plaintiff may have his Action against the Sheriff for the Escape although the party so taken be in the Gaol See 7 H. 4. 11. Br. 107. Escheat EScheat is where a Tenant in Fee-simple commits Felony for which he is hanged or abjured the Realm or Outlawed of Felony Murder or Pety Treason or if the Tenant die without Heir general or special then the Lord of whom the Tenant held the Land may enter by way of Escheat or if any other enter the Lord shall have against him a Writ called a Writ of Escheat Escheator EScheator is the name of an Officer that observes the Escheats of the King in the County whereof he is Escheator and certifies them into the Exchequer This Officer is appointed by the L. Treasurer and by Letters Patents from him and continues in his Office but one year neither can any be Escheator but once in three years An. 1. H. 8. cap. 8. and an 3 ejusdem cap. 2. See more of this Officer and his Authority in Crompton's Justice of Peace See An. 21 Ed. 1. The form of the Oath of the Escheator see in the Regist orig fol. 301. b.
between Rent and Common is good and that ought to be by Deed. Also it behoves alway that this word Exchange be in the Deed or else nothing passes by it except he have Livery and Seisin Exchequer EXchequer See Exchequer Excommengement EXcommengement is to say in Latine Excommunicatio and it is where a man by judgment in Court Christian is Excommenged by which he is disabled to sue any Action in the Kings Court and if he remain Excommunicate xl days and will not be justified by his Ordinary then the Bishop shall send his Letter Patent to the Chancellour to certifie this excommunication or contempt and thereupon the Sheriff shall be commanded to take the Body of him that is Accursed by a Writ called De Excommunicato capiendo till he hath made satisfaction to holy Church for the Contempt and Wrong and when he is justified the Bishop shall send his Letters to the King certifying the same and then the Sheriff shall be commanded to deliver him by a Writ called Excommunicato deliberando See the Statute 5 Eliz. cap. 23. Excommunication EXcommunication See Excommengement Execution EXecution is where Iudgment is given to any Action that the Plaintiff shall recover the Land Debt or Dammages as the case is and when any Writ is awarded to put him in possession or to do any other thing whereby the Plaintiff should the better be satisfied his Debt or Dammages that is called a Writ of Extention and when he hath the possession of the Land or is paid the Debt or Damages or hath the Body of the Defendant awarded to prison then he hath Execution And if the Plea be in the County or Court-Baron or Hundred and they defer the execution of the Iudgment in favor of the party or for other cause the Demandant shall have a Writ De Executione Judicii Note that in a Writ of Debt a man shall not have Recovery of any Lands but of those which the Defendant hath the day of the Iudgment yielded And of Chattels a man shall have execution only of the Chattels which he hath the day of the execution sued Executione facienda EXecutione facienda is a Writ commanding Execution of a Iudgment the divers uses whereof see in the Table of the Reg. Judic Executor EXecutor is when a Man makes his Testament and last Will and therein names the person that shall execute his Testament that is his Executor and is as much in the Civil Law as Haeres designatus or Testamentarius as to Debts Goods and Chattels of his Testator and such an Executor shall have an Action against every Debtor of his Testator and if the Executor hath Assets every one to whom the Testator was in Debt shall have an Action against him if he have an Obligation or Specialty but in every case where the Testator might wage his Law no Action lies against the Executor See hereof before in the Title Administrators And if any other person not made Executor take or sell the Goods of the deceased he may be sued as Executor of his own wrong in the same form as other Executor See the Statute of 30 Car. 2. cap. 7. Exemplification EXemplification is when a man will have any Original Record written out and exemplified forth of the Court where it remains to which purpose he may have a Writ as appiert by the Reg. orig f. 290. And if a man will plead a Record in other Court then where it remains it behoves him to have it exemplified under the Great Seal of England for if it be exemplified under the Seal of the Common Pleas Exchequer or such like it will not serve unless in Evidence to a Iury. See Coke l. 5. f. 53. See the Statute of 13 Eliz. cap. 6. and 23 El. 3. The force and use of Exemplifications of Patents c. Exemption EXemption is a priviledge to be Free from Service or Apparance and therefore a Baron Baronness by reason of their Dignity are exempted to be sworn upon any Inquest Coke l. 6. f. 53. Also Knights Clerks and Women are exempted to appear at Leets or the Sheriffs Tourn And that is by the Statute of Marlebridge c. 10. And a man may be exempted from being put upon Enquests and Iuries by the Kings Letters Patents as the President and Colledge or Commonalty of Physicians in London were by the Letters Patents of King H. 8. Coke l. 8. f. 108. Ex gravi querela EX gravi querela See before in the Title Devise Exigent EXigent is a Writ that lies where a man sues an Action personal and the Defendant cannot be found nor hath any thing within the County whereby he may be attached or distrained then this Writ shall go forth to the Sheriff to make Proclamation at five Counties every one after another that he appear or else that he shall be out-lawed and if he be outlawed then all his Goods and Chattels are forfeit to the King In an Indictment of Felony the Exigent shall go forth after the first Capias And in a Capias ad computandum or ad satisfaciendum and in every Capias that goes forth after Iudgment the Exigent shall go forth after the first Capias And also in Appeal of Death but not in an Appeal of Robbery or Mayhem With this Exigent issueth also a writ by the Statute of 13 El. cap. 3. to make three Proclamations against the Defendant which is not in Exigents after Iudgment Exigenter EXigenter is an Officer of the Common Pleas of which there are four They make out all Exigents and Proclamations in all Actions in which process of Outlawry lies And they make writs of Supersedeas as well as the Preignotaries upon such Exigents as were made in their Office Of this Officer there is mention made in the Statutes of 10 H. 6. c. 4. 18 H. 6. c. 9. Ex mero motu EX mero motu are words frequently used in the Kings Charters whereby he signifies that he doth that which is contained in the Charter of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to bar all exceptions that might be taken to the Instrument wherein they are contained by alledging that the King in passing that Charter was abused by any false Suggestion Kitch f. 151. And when the Kings Charter hath therein these words it shall be taken most strongly against the King therefore if the King ex mero motu pardon to B. all his debts all the debts that B. ows as Sheriff are by this pardoned and in like manner it is in many other cases where these words shall be taken as strongly against the Kings as if a common person had made the Grant See Coke l. 1. f. 45. Ex parte talis Ex parte talis See before Tit. Account Expeditate EXpeditate is a word often used in the Forrest signifying to cut out the Balls of great Dogs feet for preservation of the Kings Game And
one of the Articles to be enquired touching the Forrest is If all great Dogs or Mastives in the Forest are Expeditated according to the Laws of the Forrest and if any be not the Owner of every such Dog shall forfeit to the King three shillings and four pence Cromp. Jurisd fol. 152. Manwood uses the same word and part 1. of his Forrest Law fol. 212. sets down the manner of expeditating Dogs heretofore which was that the three Claws of the Fore-foot on the right side shall be cut off by the skin whereunto he also adds out of the Ordinance called the Assise of the Forrest that the same manner of expeditating Dogs shall be still used and kept and none other Quaere whence it arises that Crompton and he differ the one saying the Ball of the foot is cut out the other that the three Fore-claws are cut off by the skin Expensis Militum levandis EXpensis Militum levandis is a Writ directed to the Sheriff for levying the Allowance for the Knights of the Parliament Regist orig fol. 191. b. And Expensis Militum non levandis de hominibus de Antiquo Dominico nec a Nativis is a Writ to prohibit the Sheriff to levy any Allowance for the Knights of the County upon such as hold in Ancient Demesne c. Ibidem fol. 261. b. Extend EXtend is to value the Lands or Tenements of one bound by Statute c. that hath forfeited it and to deliver them to the Conusee at such indifferent rates as that by the yearly Profits the Conusee in time may be satisfied his Debt See Fitz. Nat. B. fol. 131. and Coke lib. 4. fol. 67. Fulwoods Case Extent EXtent has two significations The one is a Writ or Commission to the Sheriff for the valuing of Lands or Tenements the other the act of the Sheriff or other Commissioner upon that Writ Broke tit Extent fol. 313. Extinguishment EXtinguishment is where a Lord or any other hath any Rent or Service going out of any Land and he purchases the same Land so that he hath such Estate in the Land as he hath in the Rent then the Rent is extinct for that one may not have Rent going out of his own Land Also when any Rent shall be extinct the Land and the Rent must be in one hand the Estate indefesible and he have as good Estate in the Land as in the Rent for if he have Estate in the Land but for Life or Years and hath Fee-simple in the Rent then the Rent is not extinct but in suspence for that time and after the term the Rent is revided If there be Lord Mesne and Tenant and the Lord purchase the Tenancy the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as Rent-seck Also if a man have a High-way appendant and after purchase the Land wherein the High-way is then the Way is extinct and so it is of a Common appendant Extortion EXtortion is wrong done by any Officer Ordinary Archdeacon Official Major Bailiff Sheriff Escheator Coroner Under-Sheriff Goaler or other Officer by colour of his Office by taking excessive Reward or Fee for execution of his Office or otherwise and is no other thing indeed then plain Robbery or rather more odious then Robbery for Robbery is apparent and always hath with it the countenance of Vice but Extortion being as great a Vice as Robbery is carries with it a countenance of Vertue by means whereof it is the more hard to be tried or discerned and therefore the more odious And yet some there are that will not stick to stretch their Office Credit and Conscience to purchase Mony as well by Extortion as otherwise according to the saying of the Poet Virgil What is it that the greedy thirst of Gol ◠doth not constrain mortals to attempt F. Faculty FAculty is a word often used in the Statute of 25 Hen. 8. cap. 21. and it signifies a Priviledge or special Dispensation granted unto a man by favour and indulgence to do that which by the Law he cannot do as to eat Flesh upon days forbidden or to hold two or more Ecclesiastical Livings and the like And for the granting of these Faculties there is a special Officer under the Arch-bishop of Canterbury called The Master of the Faculties Failing of Record FAiling of Record is when an Action is brought against one who pleads any matter of Record and avers to prove it by Record and the Plaintiff saith there is no such Record whereupon the Defendant hath day given him to bring in the Record at which day he fails or brings in such a one as is no Bar to this Action then he is said to fail of his Record and thereupon the Plaintiff shall have Iudgment to recover c. Faint Action Faint Pleading FAint Action as Littleton fol. 154. saith is as much as to say in English a Fained Action that is such Action as though the words of the Writ be true yet for certain causes he hath no title by the Law to recover by the same Action And a false Action is where the words of the Writ are false So Faint Pleading is a covinous false and collusory manner of Pleading to the deceit of a third party And against such Faint Pleading amongst other things the old Statute in 3 E. 1. cap. 29. seems to be made Deed. DEed is a Writing sealed and delivered to prove and testifie the agreement of the party whose Deed it is to the thing contained in the Deed as a Deed of Feoffment is a Proof of the Livery of Seisin for the Land passes by the Livery of Seisin but when the Deed and the Delivery are joyned together that is a proof of the Livery and that the Feoffor is contented that the Feoffee shall have the Land All Deeds are either Indented whereof there are two three or more parts as the ease requires of which the Feoffor Grantor or Lessor hath one the Feoffee Grantee or Lessee another and peradventure some other body a third c. Or else they are Poll Deeđs single and but one which the Feoffee Grantee or Lessee hath c. And every Deed consists of three principal Points without which it is no perfect Deed to bind the parties namely Writing Sealing and Delivery 1. By Writing is shewed the parties Names to the Deed their Dwelling-places their Degrees the Thing granted upon what Considerations the Estate limited the Time when it was granted and whether simply or upon Condition with other such like Circumstances But whether the parties to the Deed write in the end their Names or set to their Marks as it is commonly used it matters not at all as I think for that is not meant where it is said that every Deed ought to have Writing 2. Sealing is a farther Testimony of their Consents to what is contained in the Deed as it appears in these words In Witness whereof c. or to such effect
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest
Law is if the Tenant holds of his Mesne by like Service as the Mesne holds over of the Lord and the Tenant doth or pays his Services to the Mesne but the Mesne doth not his Services to the chief Lord wherefore he distrains the Beasts of the Tenant In this case the Mesne for the equalness of the Services ought to acquit the Tenant of the Service due unto the Lord. Also there is Acquital in Law acquital in fact Acquital in Law is when two are appealed or indicted of Felony the one as Principal the other as Accessory the Principal being discharged the Accessory by consequence is also acquitted And in this case as the Accessory is acquitted by the Law so is the Principal in Fact Stamf. pl. cor fol. 168. Acquittance ACquittance is a Discharge in Writting of a Sum of money other Duty which ought to be paid or done As if one be bound to pay money upon Obligation or Rent reserved upon a Lease or such like and the party to whom the money or duty should be paid or done upon the Receipt thereof or upon other agreement between them had makes a writing or Bill of his hand in discharge thereof witnessing that he is paid or otherwise contented and therefore doth acquit and discharge him of the same Which Acquittance is such a Discharge and Bar in the Law that he cannot demand and recover the sum or duty again if he produce the Acquittance This word differs from that which in the Civil Law is called Acceptation because that may be by word without writting and is nothing but a feigned Payment and discharge though no payment be had Nor can it be said to be Apocha which is a witnessing the payment or delivery of money whch disscharges not unless the money be paid Acre ACre is a certain parcel of Land that contains in length forty Perches and in breadth four Perches or of this quantity be the length more or less And if a man will erect a new Cottage he ought to lay four Acres of Land unto it according to this measure 31 Eliz. cap. 7. And with this measure agrees Master Crompton in his Jurisdiction of Courts fol. 222. Yet he saith that according to divers customs of several Countries the Perch differs being in some places and most usually but sixteen foot and an half But in the County of Stafford the Perch is twenty four foot as was heretofore adjudged in the Exchequer In the Stat. made an 24 H. 8. c. 14 for the sowing of Flax 166 Perches make au Acre The Ordinance of Measuring of land made an 34 E. 1. St. 1. agrees with this account Action ACtion is the form of a Suit given by the Law to recover a thing as an Action of Debt and such like or as it is Co. 8. f. 151 a. An Action is a right of prosecuting to judgment that which is due to any one See the Lexicon of the Law for Action Action of a Writ ACtion of a Writ is a phrase of speech used when one pleads some matter by which he shews that the Plaintiff had no cause to have the writ which he brought and yet it may be that he may have another writ or Action for the same matter Such a Plea is called a Plea to the Action of the Writ whereas if by the Plea it should appear that the Plaintiff hath no cause to have an Action for the thing demanded then it shall be called a Plea to the Action Action upon the Case ACtion upon the Case is a writ brought against one for an offence done without force as for not performing promise made by the Defendant to the Plaintiff or for speaking of words by which the Plaintiff is defamed or for other misdemaenour or deceit where the whole case shall be contained in the Writ Trover Nusance Slander of the person Trade Title Escape on mesne Process For negligent keeping Fire for inartificial performing work for turning an ancient Water-course for a Commoner against one who digs the soil of his Common or puts his Cattel into it without right or incloses part of the Cemmon Action mixt ACtion mixt is a Suit given by the Law to recover the thing demanded and damages for the wrong done as in Ass of Novel dis which Writ if the Disseisor make a Feoffm to another the Diseissce shall have against the Disseissor and the Feoffee or other Tertenant and thereby shall recover his Seissn of the land and his damages for the mean profits and for the wrong done him And so is an Action of Waste Quare impedit But an Action of Detinue is not called an Action mixt although by it the thing withheld is demanded and shall be recovered if it may be found and damages for the withholding and if it cannot be found then damages for the thing and the detaining But that is called only an Action personal because it should be brought only for Goods and Chattels or Charters Action upon the Statute ACtion upon the Statute is a Writ founded upon any Statute whereby an Action is given to one in any case where no action was before As where one commits perjury to the prejudice of another who is indamaged shall have a Writ upon the Statute and his case And the difference between an Action upon the Statute and Action popular is That where the Statute gives the Suit or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where by the Statute Authority is given to every one that will to sue that is termed Action popular Actions personal ACtions personal are such Actions whereby a man claims debt or other Goods and Chattels or damage for them or damages for wrong done to his person and it is properly that which in the Civil Law is called Actio in personam which is brought against him who is bound by Covenant or Default to give or grant any thing Action Popular ACtion popular is an Action given upon the breach of some penal Statute which Action every man that will may sue for himself and the King by information or otherwise as the Statute allows and the case requires Aud of these Actions there are an infinite number but one for example as when any of the Iury that are impannelled and sworn to pass between party and party indifferently do take any thing of the one side or other or of both parties to say their Verdicts on that side then any man that will within the year following the offence may sue a writ called Decies tantum against him or them that so did take to give his Verdict And because this Action is not given to one especially but generally to any of the Kings people that will sue it is called an Action popular But in this case when one hath begun to pursue an Action no other may sue it and in this as it seems it varies from an Action popular by the Civil
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
Augmentation remains to this day wherein there are many Records of great use and importance Aumone AUmone or Tenure in Almoin is Tenure by Divine Service for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims whereof some Service is reserved to the Feoffer or Donor Auncel weight AUncel weight was an ancient manner of Weighing in England by the hanging of balances or hooks at each end of a staff which the party lifted up upon his finger or with his hand and so discerned the equality or difference of the things weighed But this weight being subject to much deceit many Statutes were made to out it as the Stat. of 25 E. 3. c. 9. 34 E. 3. c. 5. 8 H. 6. c. 5. and others And it was called Auncel weight as much as to say Handsale Weight Ancient or Ancient Demesne ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor and which he caused to be written in a Book called Dooms-day sub titulo Regis and all the Lands holden of the said Manors are held and the Tenants shall not be impleaded out of the said Manors and if they be they may shew the matter and abate the Writ but if they answer to the Writ and Iudgment be given then the Lands become frank-free for ever until that Iudgment be reversed by writ of Disceit Ra. Ent. 100 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T â— ll for all things concerning their sustenance and Husbandry in ancient Demesne and for such Lands they shall not be put or impannelled upon any Enquest But all the Lands in Ancient Demes â— e that are in the Kings hands are frank-free and pleadable at the Common Law See more after in the Title Sokmans Avoir de pois AVoir de pois is as much as to say true or just weight And it signifies in our Law Two things first a kind of weight diverse from that which is called Troy Weight which hath but 12 ounces to the pound whereas Avoir de pois hath 16. Secondly it signifies such Merchandises as are weighed by this weight and not by Troy weight As you may see in the Statute of York 9. E. 3. 27 E. 3. c. 19 Stat. 2. c. 10. and the Statute of Glocester 2 R. 2. c. 1. Avowry AVowry is where one takes a Distress for Rent or other thing and the other sues Replevin then he that hath taken it shall Iustifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking and that is called his Avowry But if he took it in or for the right of another then when he hath shewed the cause he shall make conusance of the taking as Bailiff or servant to whom in whose right took it Avowterer AVowterer is an Adulterer with whom a married woman continues in Adultery the Crime is called Avowtry 43 E. 3. 19. Awme AWme is a Vessel that contains 40 galons of Rhen â— sh wine and is mentioned in the Statute made 1 Jac. c. 23. B Backberind Thief BAckberind Thief is a Thief taken with the manner that is having that found upon him being followed with a Hue and Cry which he hath stollen whether it be Money Linnen Wollen or other stuff but it is most properly said when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest which are Dog-draw Stable-stand Back-berind and Bloody-hand Badger BAdger is as much as to say Bagger of the French word Baggage id est Sarcina And it is used with us for one that is licenced to buy Corn or other Victuals in one place and carry them to another and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute Bail BAIL is when a man is taken or arrested for Felony suspicion of Felony indicted of Felony or any such case so that he is restrained of his liberty and being by Law bailable offers Surcties to those who have authority to bail him which Sureties are bound for him to the Kings use in a certain Sum of money or body for body that he shall appear before the Iustices of Goal-delivery at the next Sessions c. Then upon the Bonds of these Sureties as is aforesaid he is bailed that is set at liberty until the day appointed for his appearance Manwood in the first part of his Forest Law pag. 167. says There is a great diversity between Bail and Mainprise for he that is mainprised is always said to be at large and to go at his own liberty out of ward after he is put to Mainprise until the day of his Appearance by reason of Common Summons or otherwise But it is not so where a man is put to bail by four or two men by my Lord chief Iustice in Eyre of the Forest until a certain day for there he is always accounted by the Law to be in their ward and custody for the time and they may if they will hold him in ward or in Prison till that time or otherwise at their will so that he that is bail'd â— hall not be said by the Law to be at large or at his own liberty Bailement Bailement is a Delivery of things whether Writings Goods or Stuff to another sometimes to be delivered back to the Bailor that is to him that so delivered it sometimes to the use of the Bailee that is of him to whom it is delivered and sometimes also it is delivered to a third person This delivery is called a Bailment Bailiff BAiliff is an Officer that belongs to a Mannor to order the husbandry and hath authority to pay Quit-rents issuing out of the Mannor fei â— Trees repair Houses make Pales Hedges distrain Beasts doing hurt upon the ground and divers such like This Officer is he whom the ancient Saxons called a Reeve for the name Bailiff was not then known amongst them but came in with the Normans and is called in Latin Villicus There are two other sorts of Bailiffs that is Bailiffs errant and Bailiffs of Franchises Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs to summon the County Sessions Assises and such like Bailiffs of Franchises are those that are appointed by every Lord within his Liberty to do such Offices within his Precincts as the Bailiff errant doth abroad in the County This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff But if such Court is by prescription to be
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
Money is not to be accounted Goods or Catals nor Hawks nor Hounds for they are ferae naturae But it seems that Money is not a Chattel because it is not in it self valuable but rather in imagination than in Deed. Catals are either real or personal Catals real are either such as do not immediately appertain to the person but to some other thing by way of dependance as a Box with writings of Laud the body of a Ward the Apples upon the tree or the Tree it self growing upon the ground Crom. fol. 33. b. Or else such as are issuing out of some thing immovable to the person as a Lease for Rent or term of years Personal may be so called in two respects The one because they belong immediately to the person of a man as a Horse c. The other because when they are wrongfully detained we have no other means for their recovery but personal Actions The Civilians comprehend these things and also Lands of all natures and tenures under the word Goods which are by them divided into Moveable and Immovable See Bract. lib. 3. c. 3. num 3 4. Cepi corpus CEpi corpus is a Return made by the Sheriff that upon an Exigend or other Writ he has taken the body of the party F N. B. fol. 26. Certificate CErtificate is a Writing made in some Court to give notice to another Court of something done there as a Certificate of the cause of Attaint is a transcript briefly made by the Clerks of the Crown Clerks of the Peace or Clerks of Assise to the Court of Kings Bench containing the tenor and effect of every Indictment Outlawry or Conviction and Clerk attainted made or declared in any other Court But note that this Certificate ought to be made by him that is the immediate Officer to the Court and therefore if the Commissary or Official of the Bishop certifie an Excommunication in bar of an action at the Common Law this is not good as was resolved in Coke lib. 8. fol. 68. but such Excommunication ought to be certified by the Bishop himself Yet the Certificate of an Excommunication by special Commissioners Delegates under their Common Seal was allowed and held good enough in the Common-place Dyer fol. 371. pla 4. Certification of Assise CErtification of Assise of Novel disseisin c. is a Writ awarded to re-examine or review a matter passed hy Assise before any Iustices and is used when a man appears by his Bailiff to an assise brought by another and loses the day and having some other matter to plead farther for himself as a Deed of Release or c. which the Bailiff did not plead or might not plead for him desires a better Examination of the Cause either before the same or other Iustices and obtains Letters Pa â— ents see their form F. N. B. 181. and then brings a Writ to the Sheriff to call the party for whom the Assise had passed and also the Iury which was impannelled upon the same Assise before the said Iustices at a day and place certain And it is called a Certificate because therein mention is made to the Sheriff that upon the parties complaint of the defective Examination or doubts remaining yet upon the Assise passed the King hath directed his Letters Patents to the Iustices for the better certifying of themselves whether all the points of the said Assise were duly examined or not Certiorari CErtiorari is a Writ that lies where a man is impleaded in a base Court that is of Record and he purposes that he may not have equal Iustice there then upon a Bill in the Chancery comprising some matter of Conscience he shall have this Writ to remove all the Record into the Chancery there to be determined by Conscience but if he prove not his Bill then the other party shall have a Writ of Procedendo to send again the Record into the base Court and there to be determined And it lies in many other cases to remove Records for the King as Indictments and others This Writ is also granted out of the Court of Kings Bench or Common Pleas to remove any Action thither out of Inferior Courts of Record and so the Plaintiff must declare and proceed in the Superior Court Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench where nullum tale Recordum is pleaded Also upon Writs of Error of a Iudgment in the Common Pleas each party may have this Writ to bring any of the Proceedings into the Kings Bench upon alledging Diminution as appears Coke Entr. 232 233 242. 2 Cro. 131 479. Cessavit CEssavit is a Writ that lies where my very Tenant holds of me certain Lands or Tenements yielding certain Rent by the year and the Rent is behind for two years and no sufficient Distress may be found upon the Land then I shall have this Writ by which I shall recover the Land But if the Tenant come into the Court before Iudgment given and tender the Arrearges and Damages and find Surety that he shall cease no more in payment of the said Rent I shall be compelled to take the Arrerages and the Damages and then the Tenant shall not lose the Land The heir may not maintain this Writ for Cessure made in the time of his Ancestor And it lies not but for Annual service as Rent and such other and not for Homage and Fealty Also there is another Writ called Cessavit de cantaria which lies where a man gives Land to a House of Religion to find for the soul of him his ancestors and his heirs yearly a Candle or Lamp in the Church or to say Divine Service feed the poor or other Alms or to do some other thing then if the said Services be not done in two years the Donor or his Heirs shall have this Writ against whosoever holds the things given after such Cessure See the Statute W. 2. cap. 41. Cession CEssion is when an Ecclesiastical Person is created Bishop or when a Parson of a Parsonage takes another Benefice without dispensation or otherwise not qualified c. In both cases their first Benefices are become void and are said to become void by Cession And to those that he had who was created Bishop the King shall present for that time whosoever is Patron of them And in the other case the Patron may present See 41 E. 3. 5. 11 H. 4. 37. Cestuy a que vie cestuy a que use CEstuy a que vie is he for whose life another holds an estate and cestuy a que use is he who is a Feoffee for the use of another Challenge CHallenge is an Exception taken either against Persons or Things Persons as in an Assise the Iurors or any one or more of them or in case of Felony by the Prisoner at the Bar against Things as a Declaration Old N. B. 76. Challenge made to the Jurors is either made to the Array or
commands and the other doth it rather by a friendly and voluntary Conference or agreement between him or her and the Devil or Familiar to have his or her desires and purposes effected instead of blood or other gift offered him especially of his or her Soul And both these differ from Enchantments or Sorceries because they are personal Conferences with the Devil as is said but these are but Medicines and ceremonial forms of words commonly called Charms without apparition Conservator of the Peace COnservator of the Peace is he that hath an especial charge by virtue of his Office to see the Kings Peace kept Which Peace in effect is defined to be A with-holding or abstinence from that injurious force and violence that unruly and boisterous men are in their natures prone to use towards others were they not restrained by Laws and fear of Punishment Of these Conservators Lambert farther saith That before the time of King E. 3 who first appointed Iustices of Peace there were sundry persons who by the Common Law had interest in keeping of the Peace Of those some had that charge as incident to their Offices and so included within the same and yet notwithstanding were called by the name of their Office only others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace And both these sorts are again subdivided by Lambert in his Eirenarcha l. 1. c. 3. Conservator of the Truce COnservator of the Truce was an Officer appointed in every Port of the Sea under the Kings Letters Patents and had 40 li. for his yearly stipend at the least His charge was to enquire of all Offences done against the Kings Truce and Sa â— e conducts upon the main Sea out of the Countries and Liberties of the Cinque-Ports of the King as the Admirals have accustomedly done and such other things as are declared Anno 2 H. 5. cap. 6. Touching this matter you may read the other Statute of Anno 4 H. 5. c. 7. Consideration COnsideration is the material cause of a Contract without which no Contract can bind the party This Consideration is either expressed as when a man bargains to give twenty shillings for an Horse or is implied as when the Law it self inforces a Consideration as if a man comes into a common Inne and there staying some time takes meat or lodging or either for himself or his horse the Law presumes he intends to pay for both notwithstanding that nothing be covenanted between him and his Host and therefore if he discharges not the house the Host may stay his horse Also there is Consideration of nature and blood and Valuable Consideration and therefore if a man be indebted to divers others and yet in consideration of natural affection gives all his goods to his son or cousin this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable consideration Consistory COnsistory is a word borrowed of the Italians or rather Lombards and signifies as much as Tribunal It is vocabulum utriusque Juris and is used for the place of Iustice in the Courts Christian or Spiritual Consolidation COnsolidation is used for the Combining and uniting of two Benefices in one And this word is taken from the Civil Law where it properly signifies an Vniting of the possession occupation or profit with the property As if a man hath by Legacy usum fructum fundi and after purchases the Property or Fee-simple of the Heir in this case a Consolidation is made of the Profits and Property Vide Brook tit Union Conspiracie COnspiracie notwithstanding that in Latine and French it is used for an Agreement of men to do a good or evil thing yet it is commonly taken in our Law in the evil part and is defined in 34 E. 1. Stat. 2. to be an Agreement of such as confeder or bind themselves by Oath Covenant or other alliance that every of them shall bear and aid the other falsly and maliciously to indict or falsly to move or maintain Pleas and also such as cause Children within age to appeal men of Felony whereby they are imprisoned and sore grieved and such as maintain men in the Country with Liveries and Fees to maintain their malicious enterprises and this extends as well to the takers as to the givers Also Stewards and Bayliffs of great Lords who by their Selgniory Office or power undertake to bear or maintain Quarrels Pleas or Debates that concern other parties then such as touch the Estate of their Lords or of themselves Anno 4 E. 3. c. 11. 3 H. 7. c. 13 And hereof see more 1 H. 5. c. 3. 18 H. 6. c. 12. also in the old Book of Entries word Conspiracie This word in the place before rehearsed is taken more generally and is confounded with Maintenance and Champerty but in a more special signification it is taken for a Confederacy between two or more falsly to indict one or to procure one to be indicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Suit of the King is That the party attainted shall lose his frank law so that he shall not be impanelled upon Iuries or Assises or such like imployments for testifying of the truth and if he hath to do in the Kings Court he shall make his Attorney and his lands goods and chattels shall be seised into the Kings hands his lands estreaped his trees digged up and his body committed to prison 27 lib. Assise 59 Crompton 156. b. this is called villanous Judgement But if the party grieved will sue a Writ of Conspiracy then see Fitzh Nat. Brev. 114. d. 115. i. c. Constable COnstable is diversely used in the Common Law And first the Constable of England who is also called Marshal Stanf. Pl. Cor. fol. 65. of whose authority and dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm His power consists in the care of the common Peace of the Land in deeds of Arms and matters of War Lamb. Duties of Constables num 4. wherewith agrees the Statute of 13 R. 2. c. 2. Stat. 1. Of this Officer or Magistrate Gwyn in the Preface to his Readings saith to this purpose The Court of the Coustable and Marshal determines Contracts touching Deeds of arms out of the Realm and handles things concerning Wars within the Realm as Combats Blazons of armory and suth like but he hath nothing to do with Battel in appeal nor generally with any other thing that may be tried by the Law of the Land See Fortesc ' cap. 32. This Office heretofore was appertaining to the Lords of certain Manors Jure feudi and why it is discontinued see Dyer 285. pl. 39. Out of this Magistracie saith Lambert were drawn these inferior Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
dishonour of the King and his Crown and discredit of the Law that any person by birth and oath obliged to the obedience of the King and his Laws should presume of his own authority by Force and strong hand to resist them both by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein therefore divers Statutes have been made for the restraint and reformation of these Abuses as among others the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements but in case where Entry is given by the Law and then not with strong hand or with a multitude of people but onely in a peaceable manner See more of this in Po â— lt de pace Reg. f. 34. 35 c. Degrading DEgrading See Disgrading Delegates ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial in which sentence was given Demaines DEmaines or Demesnes generally speaking are all the parts of any Mannor which are not in the hands of Freeholders though they be held by Copy-holders Lessees for years or for life as well as Tenants at will And the reason why Copyhold is accounted Demesnes is because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands yet in common speech that is ordinarily called Demesnes which is neither free nor copy And this word Demesne is sometimes used in a more special signification and is opposite to Frank-fee as those Lands which were in the possession of Edward the Confessor are called Ancient demesne and all others are called Franck-fee Kitch fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn the other Tenants in Frank-fee And no common person hath any Demesnes in the simple acceptation of the word because there is no Land but depends mediately or immediately of the Crown that is of some Honor or other belonging to the Crown and not granted in fee to any inferiour person and therefore when a man in pleading will signifie his Land to be his own he saith That he is or was seised thereof in his Demesne as of Fee Littleton f. 3. whereby it appears that though his Land be to him and his Heirs for ever yet it is not true Demesne but depending upon a superiour Lord and holding by Service or Rent in lieu of Service or by Service and Rent together Demaines according to the common speech are only understood the Lords chief Mannor-place which he and his Ancestors have time out of mind kept in their own hands with all buildings and houses meadows pastures woods arable lands and such like therewith occupied Demand DEmand is a word of art and if one release to another all Demands this is as Littleton fol. 117. a. saith the best Release to him to whom the Release is made that he can have and shall most enure to his advantage for by it not onely all Demands but also all causes of Demands are released And there are two manner of Demands that is in Deed and in Law In Deed as in every Praecipe there is expresse Demand and therefore in real Actions he is called Demandant in personal Plaintiff In Law as every Entry in Land Distresse for Rent Taking or seisure of Goods and such like acts in the Countrey which may be done without any words or demands in Law As a Release of Suits is more large then a Release of Quarrels or of Actions so a Release of Demands is more large and beneficial than either of them for by it is released all that which by the others is released and more By Release of all Demands all Freeholds and Inheritances executory are released By Release of all Demands to the Dissetsor the right of the Entry in the land and all that is contained therein is released By Release of all Demands all Executions are released and he that releases all Demands excludes himself from all Actions Entries and Seisures Littleton fol. 170. holds That if Tenant in tail enfeoffs his Vncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed releases to the Vncle all manner of Demands by such Release the Warranty which is a Covenant real and executory is extinct and the reason is because that by Release of Demands all the means and remedies and their causes which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest it self unto the thing Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded neither in Deed nor in Law but lie only to relieve the Plaintiff by way of Discharge and not by way of Demand as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry and so of such like See 18 Edw. 3. 59. Coke lib. 8. fol. 153 154. Demandant DEmandant is he that sues or complains in an Action real for Title of land and he is called Plaintiff in an Assise and in an Action personal for Debt Trespass Deceit Detinue and such like Demurrage IS called the time when a Shi â— lies idle in a Port or Harbour or on the Sea in a Calm Demurrer DEmurrer is when any Action is brought and the Defendant pleads a Plea to which the Plaintiff says that he will not answer for that it is not a sufficient Plea in the Law and the Defendant avers the contrary that it is a sufficient Plea and thereupon both parties submit the Cause to the Iudgement of the Court which is called a Demurrer for that they go not forward in pleading but rest upon Iudgement in that point and is called in Latine Records Moratur in Lege For in every Action the difference consists either in Deed or in Law If in Fact it is tried by the Iury if in Law then the matter is either plain or difficult and rare if it be plain then Iudgment is presently given but when it is hard and doubtfull then is stay made and time taken either to consider farther thereupon by the Iudges to agree if they can or otherwise for all the Iustices to meet together in the Exchequer-Chamber and upon hearing of that which the Serjeants shall say unto both parts to advise and determine what is Law and that which is there concluded on by them shall stand firm without further remedy There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue Plo. Com. 2. 3 Rast Entr. 607. Half bloud HAlf bloud is when a man marries a wife and hath issue by her a son or daughter and the wife dies and then he takes another woman and hath by her also a son or daughter Now these two sons are after a sort Brothers or as they are termed Half-brothers or Brothers of the half
bloud that is Brothers by the Fathers side because they had both one Father and are both of his bloud and not Brothers at all by the Mothers side nor of bloud nor kin that way and therefore the one of them cannot be Heir to the other for he that will claim as Heir to one by discent must be of whole â— bloud to him from whom he claims In the same manner it is if a woman have divers issues by divers husbands who are called Brothers by one Mother Denariata terrae DEnariata Terrae See Fardingdeal Denelage DEnelage is the Law that the Danes made here in England cut of which and Merchenlage and Westsaxonlage William the Conquerour composed certain Ordinances to be observed by his subjects Denizen DEnizen or Donaison is where au Alien born becomes the Kings Subject and obtains the Kings Letters Patents to enjoy all Priviledges as an English-man but if one be made Denizen he shall pay Customes and divers other things as Alien as it appears by divers Statutes thereof made It seems that Donaison is the true name so called because that his Legitimation is given to him and not Denizen as derived from Deins nee And the Law is so precise in the making of Denizens that the King cannot grant power to any other to make Aliens born Denizens it is by the Law so inseparably and individually annexed to his Royal person for the Law esteems it an high Prerogative to make Aliens Subjects of the Realm and capable of Lands and Inheritances as natural born Subjects are And therefore the Statute of 27 H. 8. c. 24. which reunites many of the most ancient Prerogatives and Regal Flowers of the Crown makes no mention of any authority to make Letters of Denization to be resumed for that never any claimed it be any pretext whatsoever it being so high a point of Prerogative See Cok. l. 7. Calvins Case Deodand DEodand is when any man by misfortune is slain by a Horse Cart or any other thing that moves to further his death such thing which at the time of his misfortune did move or cause his death shall be sorfeit to the King and that is called Deodand and that pertains to the Kings Almoner for to dispose in Alms and Deeds of Charity But it is not forfeited untill the matter be found of Record and therefore they cannot be claimed by Prescription and the Iury that finds or presents the death by such misadventure ought also to find and appraise the Deodand Co. l. 5. f. 110. If a Horse strikes one and afterwards the Owner sells the Horse and then the party that was stricken dies of the stroke in this case the Horse shall be forfeited as a Deodand notwithstanding the sale for relation shall be had to the stroke which was before the sale Plow Com. 260. b. What move to death or kill the dead Are Deodand and forfeited Departure from a Plea or matter DEparture from a Plea or matter is where a man pleads a Plea in bar and the Plaintiff replies thereto and he after in his Rejoynder pleads or shews another matter contrary or not pursuing to his first Plea that is called a Departure from his Bar. As if a man pleads a general Agreement in bar and in the Rejoynder he alledges an especial Agreement this shall be adjudged a Departure in Pleading So in Trespass if the Defendant will plead a discent to him and the Plaintiff saith that after this the Defendant enfeoffed him and the Defendant saith that this Feoffment was upon Condition for the breach whereof he entred this is a Departure from the Bar for it is a new matter See Plow Com. f. 7. 8. Departure in despight of the Court. DEparture in despight of the Court is when the Tenant or Defendant appears to an Action and hath a day over in the same Term or is called after though he had no day given him so that it be in the same Term if he do not appear but make Default it is a Departure in despight of the Court and therefore he shall be condemned And it is to be observed that Departure in despight of the Court is always of the part of the Tenant or Defendant and the Entry thereof is Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit Defaltam fecit and this is when in judgement of the Law he is present in Court and being demanded departs in despight of the Court this amounts to a Bar in respect of the Despight and Contempt of the Court. See Cok. lib. 8. f. 62. Deprivation DEprivation is when an Abbot Bishop Parson Vicar Prebend c. is deprived or deposed from his Preferment for any matter in Fact or in Law As if a Miscreant or Schismatick be presented admitted and inducted there is good cause of Deprivation So if a meer Lay-man be presented admitted instituted and inducted yet he shall be deprived or if the Incumbent hath Plurality of Benefices or subscribe not to the Articles of Religion according to the Stat. of 13 Eliz. cap. 12. By the Statute of 21 H. 8. cap. 13. it is enacted That if any person having a Benefice with Cure of souls of the yearly value of eight pounds or more accepts or takes any other with Cure of souls and be instituted and inducted into the possession thereof the first Benefice shall be void and the Incumbent in this case is outed or deprived by Cession In which case the Bishop needs not give notice to the Patron because the Deprivation is by Act of Parliament to which every one is party and ought to take notice at his peril But otherwise it is if the first Church be not of the yearly value of eight pounds for then it is void meerly by the Ecclesiastical Law See Co. l. 4. f. 76. and l. 7. 43 b Deputie DEputie is he that exercises in another mans right either Office or any other thing and his forfeiture or misdemeanor shall cause the Officer or him whose Deputy he is to lose his Office But a man cannot make his Deputy in all cases except the Grant so be as if it be with these or such like words To exercise or use by himself or his sufficient Deputy or if the words go farther To himself or his Deputy or the Deputy of his Deputy then he may make a Deputy and his Deputy also may make a Deputy or else not As if the Office of a Parkership be granted to one he cannot grant this over to another because it is an Office of trust and confidence and shall not be forfeited And there is great diversity between Deputy and Assignee of an Office for an Assignee is a person that hath an Estate or interest in the Office it self and doth all things in his own name for whom his Grantor shall not answer unless it be in especial cases and a Deputy hath not any Estate or interest in the Office but is only
cap. 3. and by the Canonists is defined to be Administration conjoyned with power and Jurisdiction Diminution IS when the Plaintiff or Defendant in a Writ of Error alledges to the Court that part of the Record remains in the Inferiour Court not certifyed and prays that it be certifyed by Certiorari Co. Ent. 232. 242. 1 Cr. John versus Thomas 2 Cro. 479. 131. Rolls Abridg. 765. 20. Diocesse Diocesse is the Circuit of the Iurisdiction of every Bishop for this Realm hath two kinds of Divisions the one in Shires or Counties in respect of the Temporal politie the other in Diocesses in respect of the Ecclesiastical Iurisdiction Disability DIsabilitie is when a man by any act or thing by himself or his ancestor done or committed or for or by any other cause is disabled or made incapable to do inherit or take benefit or advantage of a thing which otherwise he might have had or done There are many things by which a man may be disabled and those are ordinarily either by the act of the party or his Ancestor or by the act of the Law or of God Disability by the Act of the Ancestor as if a man be attainted of Treason or Felony by this Attainder his blood is corrupt and thereby himself and his children disabled to inherit Disability by the Act of the party himself as if a man makes a Feoffment to another man that then is sole upon condition that he shall infeoff a third man before M. and before M. or the Feoffment made the Feoffee takes a wife he hath by that disabled himself to perform the Condition according to the trust in him reposed and therefore the Feoffor may enter and out him as it is Littl. sect 357. So if the Feoffee charges the Land or enters into a Statute-Staple or Statute-Merchant by these acts he hath disabled himself and therefore the Feoffor may enter as in the former case So if I bind my self that upon Surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion in this case though I afterwards repurchase and get the whole Reversion to me again yet I have forfeited my Obligation because I was once disabled to perform it Co. l. 5 f. 21. Also if a man be excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke l. 8. f. 69. and so in many other cases Disability by act of Law is most properly when a man by the sole act of the Law without any former thing by him done is disabled and so is Alien born And therefore if a man born out of the ligeance of our Lord the King will sue any Action the Tenant or Defendant may say that he was born in such a Country forth of the Kings liegeance and demand judgment if he shall be answered for the Law is our Birth-right to which an Alien is collateral and a stranger and therefore disabled to take any benefit thereby By the act of God as not to be of whole memory is a Disability in some cases and in others not for which it seems this difference may be taken that in all cases where a man of no whole memory gives or passes any thing or Estate out of him this after his death may be disanulled and avoided but where a man Non sanae memoriae doth a thing whereby nothing passes out of him there he may in some special cases be bound as if he be Lessee for years rendring Rent and the Lessor grants the Reversion there the Lessee non sanae memoriae cannot make Attornment for he that is amens or without mind cannot make Attornment which is Agreement and yet in such case if the Lessor ejects him and makes a Feoffment and afterwards the Lessee non sanae memoriae re-enters this act of Re-entry doth subject him to the Distress and Action of Waste And it is a Maxim in Law That a man of full age shall never be received to disable his own person And this incapacity to disable himself as to some persons is personal and extends only to the party himself and as to others it is not personal but shall bind them also There are four manner of Privities scil Privies in Bloud as Heir Privies in Representation as Executors or Administrators Privies in Estate as Donee in tail the Reversion or Remainder in fee c. and Privies in Tenure as the Lord and Tenant and two of these may disable the person of the dead which was non sanae memoriae or c. and shall avoid his Grants or Feoffments and two of them not For Privies in Bloud may shew the Disability of the Ancestor and Privies in Representation the Infirmity of their Testator or Intestate but neither Privy in Estate nor Privy in Tenure can so do Co. l. 4. f. 123 124. See Lit. sect 405. Co. l. 8. fol. 43. Disalt DIsalt signifies as much as to Disable Litleton cap. Discontinuance Disceit DIsceit is a Writ sometime Original and sometime Iudicial When it is Original it lies where any Disceit is done to a man by another by not performance of a Bargain or Promise then he that is in such manner deceived shall have this Writ When it is Judicial it lies where a Scire facias is sued out of any Record against a man and the Sheriff returns that he is warned where he was not or where a Praecipe quod reddat of a Plea or Lands or a Quare Impedit of the Presenting to a Church is sued against one and the Sheriff returns that the Defendant is summoned where he was not by which Disceit and false Return the Demandant or Plaintiff recovers then the party grieved shall have this Writ against him that recovered and against the Summoners and against the Sheriff and the Writ shall be directed to the Coroners of the same County if he continue Sheriff that made the Return So if a man makes an Attorney in an Action real brought against him and afterwards it is agreed by Disceit between the Demandant and the said Attorney that the said Attorney shall make Default who doth so accordingly whereby the Tenant loses his Land then the same Tenant that loses the Land may have a Writ of Disceit against the Attorney Also if a man brings an action of Trespasse against two others and the Plaintiff and an Attorney by Disceit cause two Strangers not parties to the Writ to come into Court and say that they are the same two Defendants named in the Writ and that they appoint the same man to be their Attorney in that Suit whereupon the same Attorney as Attorney to the Defendants named in the Writ pleads to the Issue and after suffers the Enquest to pass by his Default by which means the Plaintiff recovers In this case those that are indeed Defendants may have a Writ of Desceit against the same Attorney and shall recover their dammages Fitzh Nat. Brev. 96. And as the Law
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
satisfied but with the death of the enemy such is that amongst the people in Scotland and in the Northern parts of England which is a Combination of all the Kindred to revenge the death of any of the Blood upon the Slayer and all his race And this word is mentioned in the Stat. of 43 Eliz. c. 13. Fieri facias FIeri facias is a Writ judicial and lies where a â—â— an recovers Debt or Da â—â— nages in the Kings Court 〈◊〉 a he shall have this Writ to the Sheriff commanding him that he levy the Debt and Dammages of the goods of him against whom the Recovery is had and it lies only within a year and a day and after the year he must sue a Scire facias and if the party be warned and doth not come at the day c. or if he come and can say nothing then he who recovers shall have a Writ of Fieri facias directed to the Sheriff that he make Execution of Iudgment But if a man recover against a woman and she takes a husband within the year and the day then he that recovers must have a Scire facias against the husband So it is if an Abbot or Prior recover and die his Successor within the year shall have a Scire facias See thereof more in the Title Scire facias and Title Execution There is also another manner of Fieri facias against a Rector where upon a general Fieri facias the Sheriff returns quod nulla habet bona seu catalla and thereupon a Writ is directed to the Bishop of the Diocess where he is Rector and thereupon the Bishop levies the Debt of the Profits of the Gleab Tithes of the Rectory Fifteenth FIfteent â— See Quinzisme F â— lazer FIlazer of the French word Filace id est a Thread is the name of an Officer in the Common Pleas of which there are 14. They make dut all the Original Process there and the Distress infinite upon Summons returned in personal Actions and the Capias upon the return of Nihil and all Writs of View in cases where the View is prayed And where the Appearance is with them they enter the Impariance and the general Issue in common Actions and Iudgments by Confession before Issue joyned and make out Writs of Execution upon them And they make Writs of Supersedeas after a Capias awarded when the Defendant appears in their Office And this Officer is mentioned in the Statutes of 10 H 6. c. 4. 18 H. 6. c. 9. File FIle Filacium is a Thread or Wire upon which Writs and other Exhibits in Courts are put for the safer keeping of them together Finders FInders is a word used in many Statutes as in 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4 c. 13. and 31 H. 6. c. 5. and seems to be all one with those Officers which we now call Searchers imployed for the discovery of Goods which are imported or exported without paying Custom Fine FIne sometimes is taken for a Sum of money which one is to pay to the King for any Contempt or Offence which Fine every one that commits any Trespass or is convict that he falsly denies his own Deed or did any thing in contempt of Law shall pay to the King which is called Fine to the King Sometime a Fine is taken for a Final Agreement which is had between any persons concerning any Land or Rent or other thing whereof any Suit or Writ is between them hanging in any Court which may be divers ways One is when any party acknowledges that to be the right of the other as that he hath of the Gift of him that made the Recognizance which always supposes a Feoffment going before and is called a Fine executed Or if he acknowledged that to be the right of another omitting these words coÌ„e ceo que il eit de son Done this being a Fine upon acknowledging of â— ight only if it be levied to him which hath the Freehold of the Land is a Fine upon a Release If he that acknowledged it is seised and he to whom it is levied hath not the Free-hold of the Land then it is called a Fine executory which he to whom the Land is acknowledged may execute by Entry or Scire facias Sometime such a Fine Sur conusance de droit only is to make a Surrender wherein is rehearsed that the Reconusor hath an Estate for life and the other a Reversion Sometime it is taken to pass a Reversion where a particular Estate is recited to be in another and that the Reconusor will that the other shall have the Reversion or that the Land shall remain to another after the particular Estate spent And sometime he to whom the right is acknowledged as that which he hath of the Gift of the Reconusor shall yield the Land or a Rent out thereof to the Conusor And that sometime for the whole Fee sometime for one particular Estate with Remainder or Remainders over and sometime with Reversion of Rents with Distress and Grant thereof over by the said Fine It is called a Fine because thereby the Suit is ended and if it be recorded with Proclamation according to the Statute 4 H. 7. it bars Strangers Fine force FIne force signifies an absolute Necessity as when a man is compelled to do that which he can no way avoid we say he doth it de Fine force So this word is used in Perk. sect 321. in Mantel and Woodlands Case in Plowden f. 94. b. and in Eatons Case cited in Foxly's Case in the 6 Rep. f. 111. a. Finors FInors are those that purifie Gold and Silver and part them by fire and water from courser Metals and therefore in the Statute of 4 H. 7. c. 2. they are also called Parters Fire-bote FIre-bote is necessary Wood to burn which by the Common Law Lessee for years or for life may take in his Ground although it be not expressed in his Lease and although it be a Lease by Word only without Writing But if he take more then is needful he shall be punished in Waste First-fruits FIrst-fruits Primitiae are the Profits of every Spiritual Living for a year which were anciently given to the Pope but by the Statute of 26 H. 8. â— 3. are now transferred to the King Fledwite FLedwite is to be quit from Amerciaments when an outlawed Fugitive comes to the Kings Peace of his own will or being licensed Flemeswite FLemeswite is that you may have the Cattel or Amerciaments of your Fugitive man Fletwit FLetwit or Flitwit is to be quit from Contention and Convicts and that you may have a Plea thereof in your Court and the Amerciaments for Flit in English is Treason in French Floatsam FLoatsam or Flotson is when a Ship is sunk or otherwise perished and the Goods float upon the Sea and they are given to the Lord Admiral by his Letters Patents See Cok. lib. 5. fol. 106. Fold Fould-course FOld Fould-course
In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
Prebend for that the Temporalties of the Bishoprick were in his hands by the death of W. late Bishop c. The Defendant saith that it was not void the Temporalties being in the Kings hand by the death of W. This is a Negative pregnant for it may be in the Kings hands otherwise then by the death of W. and it suffices the King if it be in his hands by any means c. So is it where an Information was brought in the Exchequer against J. S. for that he bought Wool of J. N. between Shearing-time and the Assūmption such a Year The Defendant saith he did not buy any of J. N. as it is alledged c. This is called a Negative pregnant for if he bought it of any other yet he is culpable for the buying Neif or Nief NIef is a Woman that is bound or a Villain Woman but if she marry a Freeman she is thereby made free because she and her Husband are but one person in Law and she ought to be of the same nature and condition in Law to all intents as her Husband is but her Husband is free to all intents without any condition in Law or otherwise and so by consequence the Wife ought to be and is free according to the nature of her free Husband And then if she were once free and clearly discharged of Bondage to all intents she cannot be Nief after without special act done by her as Divorce or Confession in Court of Record and that is in savor of Liberty And therefore a Free woman shall not be Bound by taking of a Villain to her Husband but their Issue shall be Villains as their Father was which is contrary to the Civil Law for there it is said The Birth follows the Belly Bondage or Villainage had beginning amongst the Hebrews and its original of Chanaan the son of Cham who because he had mocked his father Noe to scorn lying dissolutely when he was drunk was punished in his son Chanaan with penalty of Bondage Ne. Injuste vexes NE injuste vexes Look in the Title Monstraverunt Next Friend NExt Friend See Prochein Amy. Nihil dicit NIhil dicit is when an Action is brought against a Man and the Defendant appears the Plaintiff declares and the Defendant will not answer or pleads to the Action and doth not maintain his Plea but makes Default now upon this Default he shall be condemned because he Saith nothing Nisi prius NIsi prius is a Writ judicial and lies where an Enquest is empanelled and returned before the Iustices of the Bench then the Plaintiff or Defendant may have this Writ directed to the Sheriff commanding him to cause the Enquest to come before the Iustices in the same County at their coming and that for the ease of the Enquest Nomination NOmination is where one may in right of his Mannor or otherwise nominate and appoint a worthy Clerk or man to a Parsonage Vicarage or such like Spiritual promotion 〈◊〉 note that this Nomination ought to be another then the Ordinary which other shall present him to the Ordinary Non-ability NOn-ability is where an Action is brought against one and the Defendant says that the Plaintiff is disable to sue an Action and demands Iudgment if he shall be answered There are six causes of Non-ability in the Plaintiff as if he be an Outlaw or an Alien born but that Disability is in Actions real and mixt only and not in Actions personal except he be an alien enemy or condemned in Praemunire or professed into an Abby Priory or Friety or Excommunicate or a Villain aud sues his Lord. But this last is no Plea for another that is not Lord to the Villain See more hereof Littl. l. 2. c. 11. Non-age NOn-age is all that time of a mans age under 21 years in some cases and 14 in others as Marriage See Broke Tit. Age. Non-claim NOn-claim is the Omission or neglect of him that ought to challenge his Right within a time limitted by which neglect he is either barred of his Right as at this day upon Non claim within five years after a Fine and right to him accrued by the Statute of 4 H. 7. c. 24. or of his Entry by a discent for want of Claim within five years after the Disseisin made by the Statute of 32 H 8. cap. 33. Non omittas propter libertatem NOn omittas propter libertatem is a Writ that lies where the Sheriff returns upon a Writ to him directed that he hath sent to the Bailiff of such a Franchise which hath Return of Writs and he hath not served the Writ then the Plaintiff shall have this Writ directed to the Sheriff that he himself enter into the Franchise and execute the Kings Writ Also the Sheriff shall warn the Bayliff that he be before the Iustices at the day contained in the Writ and if he come not and excuse himself then all the Writs judicial which shall pass out of the Kings Court during the same Plea shall be Writs De non omittas c. and the Sheriff shall make execution of them depending that Plea Non-suit NOn-suit is the Renouncing of a Suit by the Plaintiff or Defendant when the matter is in probability to proceed after the Tenant or Defendant hath appeared c. And see the Statute of 2 H. 4. c. 7. in what cases a man cannot be Non-suit and 23 H 8. cap. 15. and 8 Eliz. c. 2. and 4 Jac. c. 3. where he that is Non-suit shall pay Costs to the Defendant Non sum informatus NOn sum informatus is a formal Answer made by an Attorny who is commanded by the Court to say something in Defence of his Client by which he is deemed to leave his Client undefended and so Iudgement passes for the other party Novel Assignment NOvel assignment is where a man brings Trespass for breaking his Close And the Defendant justifies in a place where no Trespass was done then the Plaintiff assigns the Close where it was to which the Defendant may plead Not guilty or justifie by Title And there are other Replications in Battery and other Trespasses as if the Defendant in Battery justifies by a Writ The Plaintiff replies that after the Retorn of it the Plaintiff in that Suit discharged the Plaintiff out of Prison and that the Defendant after that Imprisoned him now the Defendant must answer to that Replication Bare or Naked Contract BAre Contract or Naked Promise is where a Man bargains or sells Lands or Goods or promises to give one Money or a Horse or to build a House or do such a thing at such a day and there is no recompence appointed to him for the doing thereof as if one say to another I sell or give to you all my Lands or Goods and there is nothing appointed assigned or agreed upon what the other shall give or pay for it so that there is not one thing for another this is a Naked Contract and void in
Law and for not performance thereof no Action lies for Ex nudo Pacto non oritur Actio Nuper obiit NUper obiit is a Writ and it lies where one hath many Heirs that is many Daughters or many Sons if it be in Gavelkind in Kent and dies seised and one Heir enters into all the Land then the others whom he holds out shall have this Writ against the Coheir that is in But a Writ of â— ationabili parte lies in such ca â— e where the Ancestor was once seised and died not seised of the Possession but in Revertion Nusance NUsance is where any Man raises any Wall or stops any Water or doth any thing upon his own Ground to the unlawful hurt or annoyance of his neighbor he that is grieved may have thereof an Assise of Nusance And if he that makes the Nusance aliens the Land to another then this Writ shall be brought against them both as it appears by the Stat. of Westm 2. c. 24. It may be also by stopping Lights in an House or causing water to run over House or Lands for remedy whereof an Action upon the Case or Assise lyeth O. Oblations OBlations are what things soever are offered to God and his Church by pious and faithful Christians Occupant OCcupant Is when a man makes a Lease to another for the Term of the Life of a third person The Lessee dies He who first enters shall hold the land as occupant during the life of the third person To prevent which such Leases are now made to the Lessee his heirs nnd assigns 2 Cro. 554. Co. 6. r. 37. Odio Atia ODio Atia is an old Writ mentioned in the Statute of Westm 1. made in 3 E. 1. cap. 11. and it was directed to the Sheriff to inquire whether a man committed to prison upon Suspicion of Murther were committed upon just cause of Suspicion or for Malice only And if upon an inquisition it were found that he were not guilty then there came another Writ to the Sheriff to bail him But now that course is taken away by the Statute of 28 E. 3. cap. 9. as it appears in Stamford's Pl. of the Crown fol. 77. G. Aud see Coke lib. 9. fol. 56. a. b. Ordael ORdael is as much as to say as Not guilty and was an ancient manner of Trial in Criminal causes for when the Defendant being arraigned pleaded Not guilty he might chuse whether he would put himself upon God and the Country which is upon the Verdict of twelve men as they are at this day or upon God onely and therefore it was called The Judgment of God presuming that God would deliver the innocent and that was if he were of Free estate by Fire that is to say to go bare-footed over nine Plow-shares fire-hot and if he escaped unhurt he should be acquitted and if not then he should be condemned And if the party were of Servile condition then he should be tried by Water which was in divers manners For which see Lambert in the word Ordalium But now this Trial is prohibited by Parliament See Coke lib. 9. fol. 32. b. Ordelfe ORdelfe is where one claims to have the Ore that is sound in his Soil or Ground Ordinary ORdinary is a term of the Civil Law and there signifies any Iudge that hath authority to take Conusance of Causes in his own Right and not by Deputation But in the Common Law it is properly taken for the Bishop of the Diocess who is the true Ordinary to certifie Excommunications lawful Marriages and such Ecclesiastical and Spiritual acts within his Diocess to the Iudges of the Common Law for he is the party to whom the Court ought to write upon such occasions And yet the word Ordinary is usually taken in the Common Law and Statutes for every Commissary or Official of the Bishop or other Iudge Ecclesiastical that hath Iudicial Authority within his Iurisdictio â— as appears in Coke l. 9. Hensloe's C. fol. 36. b. and the Statute of Westm 2. cap. 19. 31 E. 3. cap. 11. and many others Orfgild ORfgild signifies a payment or restoring of Cattel from the Sax. Orf. Pecus and Guild Solut â— o Redditio Ouster le maine OUster le maine is a Writ directed to the Escheator to deliver Seisin or Possession out of the Kings hands unto the party that sues the Writ for that the Lands seised are not holden of the King or for that he ought not to have the wardship of them or for that the Kings Title is determined c. It is also the Iudgement given in a Monstrans de Droit or upon a Traverse or Petition for when it appears upon the matter discussed that the King hath no Right or Title to the thing that he seised then Iudgment shall be given that the Kings hand be amoved and thereupon an Amoveas manum shall be awarded to the Escheator which is as much as if Iudgment were given that the party should have his Lands again And see for this Stamf. Prerog cap. 24. Outfangtheef OUtfangtheef is that Thieves or Felons belonging to your Land or Fee but taken out of it shall be brought back to your Court and there judged Outlary OUtlary See Utlary Owelty OWelty is when there is Lord Mesne and Tenant and the Tenant holds of the Mesne by the same Service that the Mesne holds over of the Lord above him as if the Tenant holds of the Mesne by Homage Fealty and xx s. Rent and the Mesne holds over of the Lord above by Homage Fealty and xx s. Rent also this is called Owelty of Services Hearing of Records and Deeds c. HEaring of Records and Deeds is where an Action of Debt is brought against a man upon an Obligation and the Defendant appears and then prays that he may hear the Obligation wherewith the Plaintiff charges him So it is when Executors bring an Action of Debt and the Defendant demands to hear the Testament upon this demand it shall be read unto him But if it be in another Term or after the Defendant hath imparled then he shall not hear it And so as is said of Deeds is to be understood of Records that are alledged against him But in the Kings Bench the Defendant may at any time before Plea and the Plaintiff have Oyer of Deed and Record See the Title Monstrans de Fait Oyer and Terminer OYer and Terminer is a Writ called in Latine de Audiendo Terminando and it lies where any great or sudden Insurrection is made or any other sudden Trespass which requires hasty Reformation then the King shall direct a Commission to certain Iustices to hear and to determine the same Note that the Iustices of Assise have also one Commission of Oyer and Terminer directed to them and divers other Inhabitants within the Shires whereunto their Circuit extends whereof each of the Iustices of Assise are of the Quorum for the hearing and determining of divers Offences which may
is a Writ that lies where the Tenant holds of the King in chief as of his Crown and he is deforced that is put out of his Land then he shall have this Writ and it shall be Close and shall be pleaded in the Common Pleas. Also if any Tenant that holds of any Lord be deforced it behoves him to sue a Writ of Right Patent which shall be determined in the Lords Court But if the Land be holden of the King the Writ of Right Patent shall be brought to the Kings Court and the Writ may be removed from the Lords Court unto the County by a To â— t and from the County into the Common Place by a Pone Look therefore before in the Title Drolt Praecipe PRaecipe are of divers sorts Quod reddat terras as dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary is compounded of two Latine words prae and Notarius and is used in our Law for the chief Clerks of the Kings Courts whereof there is one in the Kings Bench and three in the Common Pleas. He in the Kings Bench records all Actions Civil sued in that Court and they of the Common Pleas inrol all Declarations Pleadings and Iudgments and make out all Iudicial Writs they Inroll all Fines and Recognisances and exemplifie all Records the same Term before the Rolls are delivered out of their hands In 15 E. 4. 26 b. This Officer is called Praesignator And one of the three in the Common Bench Praesignator pauperum Premisses PRemisses See Habendum Praemunire PRaemunire is a Writ that lies where any man sues another in the Spiritual Court for any thing that is determinable in the Kings Court for which great punishment is ordained by divers Statutes viz. that he shall be out of the Kings protection and put in Prison without Bail or Mainprise till he have made Fine at the Kings Will and that his Lands and Goods shall be forfeited if he come not within two months And his Provisors Procurators Atturneys Executors Notaries and Maintainers shall be punished in the same manner Therefore look the Statute Also some say if a Clerk sue another man in the Court of Rome for a thing Spiritual where he may have remedy within the Realm in the Court of his Ordinary that he shall be within the case of the Statute And upon divers other offences is imposed by Statutes lately made the Penalty that they incur who are attainted in Praemunire As by 13 Eliz. cap 8. they who are aiding to make a corrupt Bargain whereupon Vsury is reserved above x. l. in the hundred for a year c. Prender PRender is the power or right of Taking a thing before it be offered from the French prendre i. accipere Prescription PRescription is when a Man claims any thing because he his Ancestors or Predecessors or they whose Estate he hath have had or used it all the time whereof no memory is to the contrary But one may not prescribe against a Statute except he have another Statute that serves for him Presentment PResentment is of two significations One is to a Church as when a man hath right to give any Benefice Spiritual and names the person to the Bishop to whom he will give it and makes a Writing to the Bishop for him that is a Presentation or Presentment If divers Coheirs cannot agree in Presentment the Presentee of the eldest shall be admitted But if Ioyntenants and Tenants in common agree not within six moneths the Bishop shall present by lapse The other is a Presentment or Information by a Iury in a Court before any Officer who hath Authority to punish any offence done contrary to the Law Pretensed Right or Title PRetensed Right or Title is where one is in possession of Lands or Tenements and another who is out claims it and sues for it now the pretensed Right or Title is said in him who so doth sue claim And if he afterward come to the possession his Right or Title is annexed to the Land and possession and not then called Right Primer Seisin PRimer Seisin is used in the Common Law for a branch of the Kings Prerogative by which he hath the first possession that is the intire Profits for a year of all the Lands and Tenements whereof his Tenant that held of him in capite died seised in his Demesne as of Fee his Heir then being at full age and thus the King takes in lieu of the intire Profits which he may take if he will until Livery be sued or at the least tendered Prerog Reg. c. 3. Stamf. f. 11. B. See the Stat. 12 Car. 2. c. 24. Prisage PRisage is that part or portion that belongs to the King of such Merchandizes as are taken at Sea by way of lawful Prise And this word you shall find in the Statute of 31 Ell â— cap. 5. Prisage of Wines PRisage of Wines mentioned in the Stat. 1 H. 8. c. 5. is a custom by which the King out of every Bark laden with Wine under 40 Tun claims to have two Tun at his own price Privie or Privities PRivie or Privities is where a Lease is made to hold at will for years for life or a Feoffment in fee and in divers other cases now because of this that hath passed between these parties they are called Privies in respect of strangers between whom no such Conveyantes have been Also if there be Lord and Tenant and the Tenant holds of the Lord by certain Service there is a Privity between them because of the Tenure and if the Tenant be disseised by a stranger there is no Privity between the Disseisor and the Lord but the Privity still remains between the Lord and the Tenant that is disseised and the Lord shall avow upon him for that he is his Tenant in right and in Iudgment of the Law Privies are in divers sorts as namely Privies in Estate Privies in Deed Privies in Law Privies in Right and Privies in Blood Privies in Estate is where a Lease is made of the Mannor of Dale to A for life the Remainder to B in fee there both A and B are Privies in Estate for their Estates were both made at one time And so it is in the first case here where a Lease is made at will for life or years or a Feoffment in fee the Lessees or Feoffees are called Privies in Estate and so are their Hairs c. Privies in Deed is where a Lease is made for life and afterward by another Deed the Reversion is granted to a stranger in fee this Grantee of the Reversion is called Privy in Deed because he hath the Reversion by Deed. Privy in Law is where there is Lord and Tenant the Tenant leases the Tenancy for life and dies without Heir and the Reversion escheats to the Lord he is said Privy in Law because he hath his Estate
only by the Law that is to say by Escheat Privy in Right is where one possessed of a Term for years grants his Estate to another upon Condition and makes his Executors and dies now these Executors are Privies in Right for if the Condition be broken and they enter into the Land they have it in right of their Testator and to his use Privy of Blood is the Heir of the Feoffor or Donor c. Also if a Fine be levied the Heirs of them that levied the Fine are called Privies Privileges PRivileges are Liberties and Franchises granted to an Office Place Town or Mannor by the Kings great Charter Letter Patents or Act of Parliament as Toll Sake Socke Infangtheef Outfangtheef Tourne Ordelfe and divers such like for which look in their proper titles and places Also there are other privileges which the Law takes notice of that is to say the privileges of the Commons Peers of the Parliament the privileges of Attornies Officers of the Courts at Westm that they shall not be sued or impleaded in another Court but in that where they are Attornies or Officers Procedendo PRocedendo is a Writ that lies where any Action is sued in one Court which is removed to another more high as to the Chancery Kings Bench or Common Place by a Writ of Priviledge or Certiorari and if the Defendant upon the matter shewed have no cause of Priviledge or if the matter in the Bill whereupon the Certiorari issued be not well proved then the Plaintiff shall have this Procedendo to send again the matter unto the first base Court there to be determined Proces PRoces are the Writs and Precepts that go forth upon the Original And in Actions real and personal there are sundry sorts of Proces For in Actions real the Proces i ◠Grand Cape before Appearance Therefore see of that in the 〈◊〉 Petit Cape But in Actions personal as in Debt Trespass or Detinue the Proces is a Distress and if the Sheriff return Nihil habet in Balliva c. then the Proces is Alias Capias and Pluries and an Exigent and they are called Capias ad respondendum Also the Exigent shall be proclaimed five times and if the party do not appear he shall be outlawed But in divers Actions there are divers manners of Proces which at large is declared in N. B. And there are divers other Proces after Appearance when the parties are at Issue to make the Enquest appear as a Writ of Venire facias and if they do not appear at the day then a Writ of Habeas corpora Jurat ' and after a Writ of Dist ◠ingas Jurat ' And there are divers other Proces after Iudgment as Capias ad satisfaciendum and Capias utlagatum c. Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage then he shall be arrested by this Writ and put in Prison without Bail or Mainprise till he hath paid the Debt and the Dammages Capias utlagatum lies where one is outlawed then he shall be taken by this Writ and put in Prison without Bail or Mainprise for that he had the Law in contempt And there are other Proces and Writs Iudicial as Capias ad valentiam Fieri facias Scire facias and many other and therefore look for them in their Titles Next friend NExt friend is commonly taken for Gardian in Soccage and is where a man seised of Land holden in Socage dies his issue within age of 14 years then the next friend or next of kin to whom the Lands cannot discend shall have the keeping of the Heir and of the Land to the only use of the Heir until he come to the age of 14 years and then he may enter and put the Gardian out and bring him to accompt But in that Accompt he shall be allowed for all reasonable costs and expences bestowed either upon the Heir or his Land The next friend or next of kin to whom the Inheritance cannot discend is thus to be understood If the Lands discend to the Heir from his Father or any of the kin of his Fathers side then the Mother or other of the Mothers side are called the next of kin to whom the Inheritance cannot discend for before it shall so diseend it shall rather escheat to the Lord of whom it is holden And where the Lands come to the Heir from his Mother or any of her side then the Father or other of the Fathers side are called the next of kin to whom the Inheritance cannot discend but shall rather escheat to the Lord of whom it is holden Otherwise Prochein amy is he who appears in any Court for an Infant who sues any Action and aids the Infant to pursue his Suit whereof see the Statutes of Westm 1. cap. 47. and Westm 2. cap. 15. that an Infant may not make an Atturney but the Court may admit the next Friend for the Plaintiff and a Gardian for the Infant Defendant as his Atturney Proclamation PRoclamation is Notice publickly given of any thing whereof the King thinks good to advertise his Subjects so it is used Anno 7. R. 2. c. 6. Proclamation of Rebellion is an open notice given by an Officer that a man not appearing upon a Subpoena or Attachment in the Chancery shall be reputed a Rebell except he render himself at the day assigned Crompt Jurisdict fol. 92. And it is to be noted that no man may make Proclamation but by authority of the King or Majors and such like as have proviledges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market-towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and Fined Brook Proclamation 10. Procurator PRocurator is used for him who gathers the Fruits of a Benefice for another man Anno 3 Ric. 2. Stat. 1. cap. 2. Prohibition PRohibition is a Writ that lies where a man is impleaded in the Spiritual Court of a thing that touches not Matrimony nor Testament nor meerly Tithes but the Kings Crown This Writ shall be directed as well to the party as to the Iudge or his Official to prohibit them that they pursue no farther But if it appear afterward to the Iudges temporal that the matter is fit to be determined in the Spiritual Court and not in the Court Temporal then the party shall have a Writ of Consultation commanding the Iudges of the Court Spiritual to proceed in the first Plea Also there are many other Prohibitions to the Admiralty and to other Courts of Common-Law if they exceed their power Properite PRopertie is the highest Right that a man hath or can have to any thing which no way depends upon another mans courtesie And this none in this Kingdom can be said to have in any Lands or
c. 10. f. 74. a. Purveyors PUrveyors were ancient Officers to provide Victuals for the King which Office is mentioned in the Statute 28 E. 1. cap. 2. 36 E. 4. cap. 6. 14 E. 3. cap. 19. But it is abolished by the Stat. 12 Car. 2. cap. 24. Q. Quadrantata terrae QUadrantata terrae is the fourth part of an Acre Quae plura QUae plura is a Writ that lies in case where the Escheator hath found an Office after the death of the Kings Tenant virtute officii and hath not found all the Lands of which he died seised then this Writ shall issue in nature of a Melius inquirendo to find what Lands he had more See F. N. B. f. 255. a. Quale jus QUale jus is a Writ that lies where an Abbot Prior or such other should have Iudgment to recover Land by Default of the Tenant against whom the Land is demanded then before Iudgment given or Execution awarded this Writ shall go forth to the Escheator to enquire what right he hath to recover And if it be found that he hath not right then the Lord who should have the Land if the Tenant had aliened in Mortmain may enter as into Land aliended in Mortmain for this losing by Default is like an Alienation See the Stat. Westm 2. c. 32. But where one will give Lands to a House of Religion an Ad quod damnū shall go forth to the Escheator to enquire of what value the Land is and what prejudice is shall be to the King Quare ejecit infra terminum QUare ejecit infra terminum is a Writ that lies where one makes a Lease to another for term of years and the Lessor infeoffs another and the Feoffee puts out the Termour then the Termour shall have this Writ against the Feoffee But if another stranger put out the Termour then he shall have a Writ De ejectione firmae against him And in these two Writs he shall recover the term and his dammages Quare impedit QUare impedit is a Writ that lies where I have an Addowson and the Parson dies and another presents a Clerk or disturbs me to present then I shall have the said Writ But Assise de darrein presentment lies where I or my ancestors have preseuted before And where a man may have art Assise de darrene presentment he may have a Quare impedit but not contratiwise Also if the Plea be depending between two parties and be not discussed within fix moneths the Bishop may present by Lapse and he that hath right to present shall recover his dammages as appears by the Statute of Westm 2. c 5. And if he that hath right to present after the death of the Parson brings no Quare impedit nor Darreine presentment but suffers a stranger to usurp upon him yet he shall have a Writ of right of Advowson But this Writ lies not unless he claim to have the Advowson to him and his heirs in Fee Quare incumbravit QUare incumbravit is a Writ that lies where two are in Plea for the Advowson and the Bishop admits the Clerk of one of them within the six moneths then he shall have this Writ against the Bishop But this Writ lies always depending the Plea Quare intrusit Matrimonio non satisfacto QUare intrusit Matrimonio non satisfacto is a Writ that lies where the Lord profers convenable Marriage to his Ward and he refuses and enters into the Land and marries himself to another then the Lord shall have this Writ against him Quare non admifit QUare non admifit is a Writ that lies where a man hath recovered an Advowson and sends his convenable Clerk to the Bishop to be admitted and the Bishop will not receive him then he shall have the said Writ against the Bishop But a Writ of Ne admittas lies where two are in Plea if the Plaintiff suppose the Bishop will admit the Clerk of the Defendant then he may have this Writ to the Bishop commanding him not to admit him hanging the Plea Quarels QUarels is derived from Querendo and extends not only to Actions as well real as personal but also to the Causes of Actions and Suits so that by the Release of all Quarels not only Actions depending in Suit but Causes of Action and Suit also are released and Quarels Controversies and Debates are words of one sense and of one and the same signification Coke lib. 8. fol. 153. Quarentine QUarentine is where a man dies seised of a Mannour-place and other Lands whereof the Wife ought to be endowed then the woman may abide in the Mannour-place and there live of the store and profits thereof the space of sorty days within-which time her Dower shall be assigned as it appears in Magna Charta cap. 6. Que estate QUe estate is a term in pleading to avoid prolixity as if a man pleads a feoffment in fee to A. cujus statum idem B. modo habet and no one can plead it but Tenant of the Fee nor can it be pleaded of things which pass meerly by grant as Advowsons Franchises c. Quid juris clamat QUid juris clamat is a Writ that lies where I grant the Reversion of my Tenant for life by Fine in the Kings Court and the Tenant will not attorn then the Grantee shall have this Writ to compel him But a Writ of Quem redditum reddit lies where I grant by Fine a Rent charge or another Rent which is not Rent service which my Tenant holds of me and the Tenant will not attorn then the Grantee shall have this Writ And a Writ of Per quae servitia lies in like case for Rent service Also if I grant four divers Rents to one man and the Tenant of the Land attourns to the Grantee by payment of a peny or of a half peny in the name of Attournment of all the Rents this Attournment shall put him in seisin of all the Rent But these three Writs ought to be brought against those who are Tenants at the day of the Fine levied and against no other Fifteenth FIfteenth is a Payment granted in Parliament to the King by the Temporalty namely the fifteenth part of their goods And it was used in ancient time to be levied upon their Cattel going in their grounds which thing was very troublesome and therefore now for the most part that way is altered and they use to levie the same by the Yard or Acre or other measure of Land by means whereof it is now less troublesome and more certain than before and every Town and Country know what sum is to be paid among them and how the same shall be raised We read that Moses was the first that numbred the people for he numbred the Israelites and the first Tax Subsidy Tribute or Fifteenth was invented by him among the Hebrews as Polydore Virgil thinks Quit claim QUit claim is a Release or Acquitting of a man for any Action that he
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions of Parliament to which the King assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
his Father and he shall have be no other Recovery against the Tenant or any other because such advantage is given by the Law to the Tenant And note that Fealty of common right belongs to Rent service but not to Rent charge nor Rent seck If a man distrain for Rent charge and the Distress be rescued from him and he was never seised before he hath no recovery but by Writ of Rescous for the Distress first taken gives not Seis â— to him unless he had the Rent before for if he were seised of the Rent before and after the Rent be behind and he distrain and Rescous be made he shall have Assise or a Writ of Rescous In every Assise of Rent charge and annual Rent or in a Writ of Annuity it behoves him that brings the Writ to shew an Especialty or else he shall not maintain the Assise But in an Assise of Mortdancestor or Formedon in the discender or other Writs in which Title is given or comprised brought of Rent charge or annual Rent the Especialty need not be shewn And note well that if a man grant a Rent charge to another and the Grantee release to the Grantor parcel of the Rent yet all that Rent is not extinct If Rent charge be granted to two joyntly and the one release yet the other shall have the half of the Rent And if the one purchase the half of the Land whereout the Rent is going the other shall have the half of the Rent of his companion And if the Disseisor charge the Land to a Stranger and the Disseisee bring an Assise and recover the Charge is defeated But if he that hath right charges the Land and a Stranger feign a false Action against him who hath no right and recovers by Default the charge abides In case Partition be between two Parceners and more Land be allowed to one then to the other and she that hath most of the Land charges her Land to the other and she happeth the Rent she shall maintain Assise without Especialty And it is a Rent seck where a man holds of me by Homage Fealty and other Services yielding to me a certain yearly Rent which I grant to another reserving to me the other Services If Rent seck be granted to a man and to his Heirs and the Rent be behind and the Grantor die the Heir may not distrain nor shall recover the arrearages of the time of his Father as it is said before of Rent services And in the same manner it is of Rent charge or annual Rent But in all these Rents the Heir may have for the arrerages in his own time such advantage as his Father had in his life See the Statute 32 H. 8. cap. 37. And note well that in Rent seck if a man be not seised of the Rent and it be behind he is without recovery for that it was his own folly at the beginning when the Rent was granted him or reserved that he took not Seisin of it as a peny or two pence A man may not have a Cessavit per biennium or any other Writ of Entry sur Cessavit for any Rent seck behind by two years but only for Rent service as it appears in the Stat. West 2. cap. 21. It behoves him that sues for Rent seck to shew a Deed to the Tenant cise the Tenant shall not be charged with the Rent except where the Rent seck was Rent service before as in this case Lord Mesne and Tenant and every of them holds of other by Homage and Fealty and the Tenant of the Mesne by 10 s. rent the Lord paramount purchases the Lands or Tenements of the Tenant all the Seigniory of the Mesne but the rent is extinct and for this cause this rent is become Rent seck and the Rent service changed for he may not distrain for this rent and in this case he that demands the rent shall never be charged to shew a Deed. Also in a Writ of Mordint-cestor Ayle or Besayle of rent seck it needs not to shew a Specialty for that these Writs of Possession comprehend a Title within themselves that is to say that the Ancestor was seised of the same rent and centinued his possession in respect of which Seisin the Law supposes that it is also averrable by the Countrey Yet learn for some suppose a necessity to shew forth a Deed because rent seck is a thing against common right as well as rent charge But in Assise of Novel disseisin and in a Writ of Entry sur disseisin brought of Rent seck it is needful to shew forth a Deed for that Rent seck is a thing against Common Right except in the case aforesaid where it was Rent service before and by the act of Law it is become Rent seck And Assise of Novel disseisin and a Writ of Entry sur disseisin contain within them no Title but suppose a Disseisin to be done to the Plaintiff and by the intendment of the Law the Disseisin gives no cause of Averment against common Right but there is a necessity to shew forth a Deed. Repleader REpleader is where the plea of the Plaintiff or Defendant or both are ill or an impertinent Issue joyned then the Court makes void all the Pleas which are ill and awards the Parties to replead Coke Entr. 152. and 221 224. Replevin REplevin is a Writ that lies where a man is distrained for Rent or other thing then he shall have this Writ to the Sheriff to deliver to him the Distress and shall find Surety to pursue his Action and if he pursue it not or if it be found or judged against him then he that tooks the Distress shall have again the Distress which is called the Return of the Beasts and he shall have in such case a Writ called Returno habendo But if the Defendant avow for Rent he may have Iudgment for the value of the Cattel by the Statute of 17 Car. 2. cap. 7. If it be in any Franchise or Bailiwick the party shall have a Replevin of the Sheriff directed to the Bailiff of the same Franchise to deliver them again and he shall find Surety to pursue his Action at the next County And this Replevin may be removed out of the County unto the Common place by Writ of Recordare See more of Replevin in the Title Distress Also see Mich. 2 E. 3. pl. 31. 7 E. 3. 27. pl. 13. the word Plevin where Land was taken out of the Kings hands and are afterwards delivered or replevied out of the Kings hands For which see Stat. 9. 3. cap. 2. The Writ of Homine replegiando lies where a man is in Prison and not by special commandment of the King nor of his Iustices nor for the death of a man nor for the Kings Forest nor for such cause which is not replevisable then he shall have this Writ directed to the Sheriff that he cause him to be replevied This Writ is a Justcies
21 Jac. cap. 17. at 8 l. per Cent. and now by the Statute of 12 Car. 2. c. 17. it is reduced to 6 l. per Cent. Utlary UTlary is when an Exigent goes forth against any man to appear in any Court to make Answer to any Action or Indictment and Proclamation made in five Counties then if the Defendant appear not the Coroner shall give Iudgment that he shall be out of the Protection of the King and out of the aid of the Law By such an Utlary in Actions Personal the party Outlawed shall forfeit all his Goods and Chattels to the King And by an Utlary in Felony he shall forfeit as well all his Lands and Tenements that he hath in Fee-simple or for term of his life as his Goods and Chattels Also though a man be outlawed yet if any Error or Discontinuance be in the Suit of the Proces the party shall have advantage thereof and for such cause the Vtlary shall be reversed and adnulled If the party Defendant be over the Sea at the time of the Vtlary pronounced that is a good cause of Reversal If an Exigent be awarded against a man in one County where he dwells not yet an Exigent with Proclamation shall go forth to the County where he dwells or else if he be thereupon Outlawed the Utlary may be reversed as it appears by the Statute An 6 4 H. 8 c. 4. And if a man be outlawed in Action personal at the Suit of another and after he Purchase his Chatter of Pardon of the King such Charter shall never be allowed till he hath sued a Writ of Scire facias to warn the party Plaintiff and if he appear then the Defendant shall answer him and bar him of his Action or else make Agreement with him Utlaw UTlaw See Waive Utlepe UTlepe signifies the Escape of Theives Fleta lib. 1. cap. 47. Utrum UTrum is a Writ that lies when the Right of any Church is allened and holden in Lay-fee or translated into the possession of any other Church and the Alienor dies then his Successor shall have the said Writ whereof an Enquest shall be charged to try whether it be the Free alms of the Church or Lay-fee And note well that none that have Covent or Common Seal may maintain this Writ but a Writ of Entre sine assensu Capitull for the Alienation made by his Predecessor W. Wage WAge is the Giving Security for the performing of any thing as to wage Law and to wage Deliverance which see before in Gage None wages Law against the King Brook tit Chose en Action num 6. See Law Waife WAife is when a Thief hath feloniously stolen Goods and being nearly followed with Hue and Cry or else overcharged with the burthen or trouble of the Goods for his ease sake and more speedy Travelling without Hue and Cry flies away and leaves the Goods or any part of them behind him c. then the Kings Officer or the Reeve or Bayliff to the Lord of the Mannor within whose Iurisdiction or Circuit they were left who by Prescription or Grant from the King hath the Franchise of Waife may seise the Goods so waived to their Lords use who may keep them as his own proper Goods except the Owner come with fresh Suit after the Felon and sue an Appeal or give in Evidence against him at his Arraignment upon the Indictment and he be attainted thereof c. In which cases the first Owner shall have Restitution of his Goods so stollen and waived And though as hath been said Waife is properly of Goods stollen yet it may be also of Goods not stollen As if a man be pursued with Hue and Cry as a Felon and he flies and leaves his own Goods c. these shall be taken as Goods waived and forfeit as if they had been stollen But see Foxleys Case Coke l. 4. l. 109. b. that these are not Goods waived but Goods of Fugitives which are not forfeited till it be found before the Coroner or otherwise of Record that he fled for the Felony Waive WAive is a Woman that is Outlawed and she is called Waive as left out or forsaken of the Law and not an Outlaw as a man is for Women are not sworn in Leets to the King nor to the Law as men are who therefore are within the Law whereas Women are not and for that cause they cannot be said Outlawed insomuch as they never were within it See Fitz. N. B. fol. 161. A. But a man is called utlaw because he was once sworn to the Law And now for contempt he is put out of the Law and is called utlaw as one should say without benefit of the Law Wapentake WApentake is all one with that which we call Hundred as appears by Bract. lib. 3. tract 2. cap. 1. num 1. in the end Lambert in his Explication of Saxon Words word Centuria saith That this word Wapentake is more especially used at this day in the Countries beyond the River Trent And in the Laws of King Edward by him set forth num 33. it is most plain in these words And what the English term Hundred the foresaid Counties call Wapentake The Statutes An. 3 H. 5. cap. 2. and An. 9 H. 6. cap. 10. and An. 15 H. 6. cap. 7. make mention of Stainctife Wapentake and Friendless Wapentake in Craven in the County of York See Roger Hoveden part poster Annal. fol. 346. Warden WArden is of the same signification with the French Gardein and therefore of this see more in the Title Gardein But it is the most usual word in English for him that hath the Custody and Charge of any person or thing by Office as Wardens of the Fellowships in London Anno 14 H. 8. cap. 2. Warden Courts An. 31 H. 6. c. 3. Warden of the Marches An. 4 H. 7. cap. 8. Ferry Warden An. 18 Eliz. c. 10. An. 27 Eliz. c. 26. Wardens of the Peace Anno 2 Edw. 3. c. 3. Wardens of the West Marches Cambden Brit. p. 606. Warden of the Forrest Manwood part 1. p. 111 112. Warden of the Alnage An. 18 H. 6. c. 16. Warden of the Kings Armor in the Tower An. 1 E. 4. c. 1. Chief Warden of the Forrest Manwood part 1. pag. 42 43. Warden of the Kings Wardrove Anno 5 Hen. 3. Stat. 5. Wardens of the Tables of the Kings Exchange Anno 9 Ed. 3. Stat. 2. c. 7. and Anno 9 Hen. 5. Stat. 2. cap. 4. Warden of the Rolls of the Chancery Anno 1 Edw. 4. cap. 1 5. Wardens and Communalty of Lands contributory to Rochester Bridge Anno 18 Eliz. cap. 17. and Wardens of the Stannary Courts 4 Instit 230. Wardmote WArdmote is a term mentioned in the Stat. of 32 H. 8. c. 17. and signifies a Court that is kept in every Ward in London and is usually called the Warmote-Court or the Wardmote-Inquest Warrantie WArrantie See Garrantie Warrantia chartae WArrantia chartae is a Writ that lies
appiert in le Record que est ascun matter apparaÌ„t pur que le Brief doit estre abate donque le Defendant ou ascÌ„ auter person ut amicus Curiae poiet bien plede monstre ceo in Arrest de Judgment Veies les titles de Brief Misnosmer Variance en les Abridgements le Livre appel Les Digests del Briefs en queux cest matter especialment est fort bien entreat Sont auxi auters matters queux abate stay actions Briefs cestaseavour Variance ent ' Brief Count. Si le Plaintiff soit Alien Enemy Titulo Alien Pur default de nosmer le Defendant de quel Vil ou Trade ou degree il est ou le Suit est per Brief Que le Feme Plaintiff est covert devant ou pendant la Suit Que le Plaintiff ad auter Action pendant pur mesme le cause Que le Brie â— est date devant le Action accrue Pur ceo que le â—â— fendant doit estre sue euauter Court de quel il est Attorney ou Officer Pur ceo que la ter ' est ancient demesne Que le matt ' en Suit fuit fait sur le haut mere en quel case l' Admiral ad Jurisdiction Ceux cases suisdits n' abate le Brief ou Action mes suspend le prosecution pur temps Si le Plaintiff en Action personel soit utlage ou convict de Recusancy o â— excomenge Sur Scire facias versus Ter-tenants pur debt plea que sont auters Tenant queux ouÌ„t terrs liable a mesme le debt queux ne sont return siay proceeding tanque sont auxi return Causes de Abatement de Brief ou Plaint Fault de sufficient ou bone matter Le matter nest certainment alledge Plaintiff Defendant ou Lieu. misnosme Variance enter Brief Specialty ou Record Uncertainty del Brief Count ou Declaration Mort Plaintiff ou Defendant Abatement en Terres ABatement en Terres ou Tenements est quant un hom ' morust seisie de ter ' ou Tenements un que nad droit entra en mesmes devaÌ„t le Heir cest Entry d'luy est appel un Abatement il un Abator Mes si le Heir enter primes apres le mort de son Ancestor le auter enter sur le possession del Heir cest dernier entry estun disseism al Heir Vide livre de Entries fol. 63. c. 205. d. 519. c. lou cest AbatmeÌ„t est appel en Latin Intrusio Et jeo extend destre melius d' appel ceo en Latin Interpositio ou Intratio per interpositionem de fair difference enter ceo parol Intrusion puis le mort de le Tenant pur vie Abbe ABbe fuit le Sovereign Teste ou Principale de ceux Measons queux quant ils estoient fueroÌ„t appel Abbeys cest Abbe ove les Moigns de mesme le Meason queux fueront appel le Covent fiere un Corporal ' Et tiel Soveraign de ascun tiel Meason ne serra charge pur le Act de son Predecessor sil ne soit per common Seal â— e pur tiel chose que vient al use de son Meason Auxy uÌ„ Abbe ne serra charge pur le det en que son Commoign fuit en det devant son entre en Religion mesque le Creditor ad de ceo un especialty si non que il avoit devenus al use d' son Meason mes les Executors del Commoigne serra charge ove ceo Vide que ceo en le Abridgment mesme title desouth quel veies coment ascuns de ceux fueront elective ascuns presentative coment fueront Prefects lour authority Et en cel title sont auxy comprehend touts auters Corporations Spiritual come Prior son Covent Friers Canons Dean Chapter Abettors ABettors sont in divers cases diversment prise Un kind de Abbetters sont ceux que maliciousment sans droit cause ou desert procur ' aut ' de suer faux Appeals de Murder ou Felony envers homes al entent de troubler griever eux pur fair eux en infamy slander Abettors en Murd ' sont ceux que command procur ' counsel ou comfort aut ' de Murder Et en ascun case tiel Abettors serront prise come Principals en ascun case forsque come Accessories Issint en auter Felonies Et lour presence a le chose fait lour absence d'la fuit uÌ„ difference en le case Il y ad Abettors auxy en Treason mes ils sont come Principals car en Treason il ny ad ascun Accessories Vies pluis de ceo en le Livre appelle Les Pleas del Co â— one compile per le tres reverend Judge Sir W. Stamf. en les titles de Accessor â— es Damages en appeal Abeyance ABeyance est quant un Lease est fait pur Term de vie le Remainder al droit Heirs de J. S. que est en vie al temps del Grant ore Per cest Grant le Remainder passa hors del Grantor maintenaÌ„t unc ' il ne vesta maintenant ne prist effect en le Grantee cest a dire le droit Heir d' J S. mes est dit destre en abeyance cu come les Logiciens appelle ceo in potentia ou in intellectu come nous dicimus in nubibus cestascavoir en le consideration de Ley Que si J. S. morust ayant un droit Heir en vie vivant le Lessee pur vie donques ceo est un bone Remainder a ore veste vient en le dit droit Heir en tiel sort que il poit grant forfeit ou auterment dispose ceo cessa destre ore en abeyance pur ceo que il est un a ore de ability pur preÌ„der ceo pur ceo que J. S. est mort ad relinquish un droit Heir en vie le quel ne poit estre vivant J. S. car durant son vie nul poit ê“ê‘meÌ„t eeÌ„ dit son Heir Item si un hom ' soit patron dun Esglis present aut ' a ceo or est le Fees des ter ' ou TenemÌ„ts perteignant al Rectory en le Parson mes si le Parson morust le Esglise est devenus void donque est le Fee en abeyance tanque il soit un novel Parson present admit induct car le Patron nad le Fee mes solement le droit de presenter le Fee est en le Incumbent que est present puis son mort il nest en ascun mes en Abeyance tanque il soit un novel Incumbent come est avant dit Vies Litt ' Lib 3. c. 11. fo 145. Perk. fo 12. Abishersing ABishersing en ascun Copies Mishersing est quiet ' esse de Amerciamentis coram quibuscunque de Transgressione probata Abjuration ABjuration est un Serement
aut ' feme ad ê‘ luy auxy un fitz ou file Ore ceux fitz sont solonque un manÌ„er Freres ou come ils sont appells Demy-freres ou Freres del demy sanke cest adire Freres per le part de Pere pur ceo que ils ont ambideux un pere sont ambideux de son sangue nemy Freres ê‘ le part le Mere ne de ascun sanke ou kinne cest voy pur ceo le un de eux ne po â— t estre Heire al auter ear il que voile claime come Heire al un per discent doit esire de Entire sanke a luy de que il claime En mesme le manner est si â— eme eyte divers issues per divers barons qui Fratres uterini dicuntor Denariata terrae DEnariata terrae Veies Fardingdeal Denelage DEneloge est le Ley que les Danes fesoient icy en â— rgleterre hors de qÌ„ Merâ— h â— nlage Wastsaxonlage Gulielme le Conqueror compose certain Ordinances desire observe ê‘ ses subjects Denizen DEnizen ou Donaison est lou Alien nee devient le Subject le Roy obtain les Letters Patents le Roy pur injoy touts Priviledges come un home Anglois mes si un soit fait Denizen il payerÌ„ Customes divers auters choses come Alien come appiert per divers Staâ— utes de ceo fait Il semble que Donaison est le voyer nosme issint appel pur ceo que son Legitimation est dona a luy nemy Denizen come derive de Deins nee Et le Ley est cy precise eÌ„ le feasans de Donaisons que le Roy ne poit grant ' al ascuÌ„ auter a faire de Aliens nee Donaisons il est ê‘ la Ley cy inseperablemÌ„t individualmÌ„t anÌ„ex asoÌ„ Royal Person car le Ley esteem c ' un hault Prerogative a faire Aliens subjects del Royalme capable de Terres Inheritances come natural Subjects nee sont Et pÌ„ ceo le Stat. de 27 H. 8. c. 24. qÌ„ reunite plusors del pluis ancient Prerogatives Regal Flowers del CoronÌ„ ne pas mention ascun authority de faire Letters de Donaisation destrÌ„ resume pur cÌ„ qÌ„ asc ' ne unque ceo claimÌ„ pas per asc ' pÌ„text quecunque il esteant cy hault point 〈◊〉 Prerogative Veies Co. lib. 7. Calvins Case Deodand DEodand est quant ascun home ê‘ misfortune est occi â— ê‘ un Chival Charret ou auter chose moveant ou aydant son mort cel chose que est le cause de son mort que al temps de la misfortune mova serra forfeit al Roy ceo est appel Deodand ceo perteine al Almon ' le Roy pur disposer en Almes overs de charitie Mes il nest forfeit tanque le chose soit trove 〈◊〉 Record pur ceo ils ne poyent este claime ê‘ Prescription le Jurie que trove ou present le mort per tiel misadventure doient auxy trover apprise le Deodand Co. l. 5. f. 110. Si un Chival percust un home puis le Owner vend le Chival donqÌ„ le partie qÌ„ fuit ê‘cusse morust del stroke en ceo case le Chival serra forfeit come Deodand nient obstant le vendition car relation serra al stroke que fuit paravant le vendition Plow Com. fo 260. b. Omnia quae movent ad mortem sunt Deodanda Departure de son Plee ou matter DEparture de son Plee ou matter est loÌ„ un hoÌ„e plede un Plee e â— barrÌ„ le Plaintiff reply a ceo il apres en son Rejoynder plede ou monstre auter matter contrarie ou nient pursuant a son primer Plee en barrÌ„ ceo est appel un Departure de son Barre Come si home plead uÌ„ genÌ„al AgreemÌ„t en barrÌ„ en le Rejoynder il alledge un especial Agreement ceo serra adjudge un Departure en Pleading Issint en Trespasse si le Defendant voil ' pleader discent a luy le Plaintiff dit que puis ceo le Defendant infeoffe luy le Defendant dit que ceo Feoffment fuit sur Condition pur le enfrien â— de que il enter ceo est Departure del Barre car est novel chose Veies Plow Com. f. 7 8. Departure en spite del Court DEparture en spite del Court est quant le Tenant ou Defendant appeare al Action ad jour ouster en mesme le Terme ou est demand apres coment nul jour soit en mesme le Terme sil ne appearÌ„ mes fait Default cest un Departure en despite de Court pur ceo il serra condemne Et est destre observe que Departure en despite del Court est touts soits del part del Tenant ou Defendant le Entry de ceo est Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit Defaltam fecit ceo est quant en judgement del Ley il est present en Court esteant demand depart en despite del Court ceo amount a un Barre en respect del Despight Contempt al Court. Veies Co. l 8 f. 62. Deprivation DEprivation est quant un Abbe Evesque Parson Vicar Preben â— c. est deprive ou depose de son PrefermÌ„t pur ascun chose en Fait ou en Ley. Come si un Miscreant ou Schismatique soit pÌ„sent admit induct la est bone cause de Deprivation Issint si mere Lasius soit pÌ„sent admit institute induct uncore il serra deprive ou fi l'Incumbent ad Plurality des Benefices ou ne subscribe a les Articles de Religion solonque l' Statute de 13 Eliz. cap. 12. Per le Statute de 21 H. 8. cap. 13. est enact Que si asc person ayont un Benefice ove Cura animarum del annuel value 〈◊〉 huict livers ou ouster accepta ou pÌ„ndra ascun aut ' ove Cure des ames soit institute induct en le possession de ceo le primÌ„ Benefice serra void le Incumbent en ceo case est ouste ou deprive ê‘ Cession En qÌ„l case ne besoigne al Evesque a doner notice al Patron pÌ„ ceo que le Deprivation est ê‘ Act â— ParliamÌ„t a que chescun est partie doit prender notice a son peril Mes aut'ment est si le primer Esglise ne soit de annuel value de huict livers car donqÌ„ ceo est voide meremÌ„nt ê‘ l' Ecclesiastical Ley. Veies Cok. lib. 4. f. 76. lib. 7. 43. b. Deputie DEputie est celuy que exercise en aut ' droit soit ceo Office ou asc ' aut ' chose son forfeiture ou misdemeanour causerÌ„ l' Officer ou celuy qÌ„l Deputie il est de ê‘der son Office Mes uÌ„ ne poit faire son Deputie en touts cases nisi le
pur ceo que ascun Devorce dissolve le Matrimonie cest adire a vinculo Matrimonii bastard le issue barre le feme de Dower ascun a mensa thoro le quel ne dissolve le Matrimonie ne barre le feme de Dower ne bastard le issue Devorce est Judgment spiritual pur ceo sil soit cause covient estre reverse en le Spiritual Court. Veies Cok. lib. 7. Kenne's Case Si feme Copiholder de certeine Terre durante viduitate sua solonque le Custome del ManÌ„or emblea le Terre devant le severance des Emblements prist baron ore le Seigniour avera l' Emblements nemy le baron Mes si Lease soit fait al baron feme durant le Coverture le baron emblea le Terre puis ils sont devorce causa Praecontractus le baron avera les Emblements nemy le Lessor Dicker DIcker est un parol use en l' Statute 1 Jacobi cap. 22. signifie le quantitie des Dize Hides de Cuir Et semble de vener del Greeke parol Decas que signifie Dize Diem clausit extremum DIem clausit extremum est un Brief que gist lou le Tenant le Roy que tient en Chief morust donque cest Brief serrÌ„ direct al Escheator d' enquirer de quel Estate il fuit seisie que est prochein Heire de quel age de la certaintie value del Terre de que c ' est tenus cel InquisitioÌ„ serra returne en le Chancerie est communement appel Le Office apres le mort del tiel person Et est auter Brief de Diem clausit extremum agard hors del Exchequer apres mort del un Accomptant ou Dettor al Roy a levier le Dett de son Heire Executor Administrators terres ou biens Dies datus DIes datus est un Respite done al Tenant ou Defendant devant le Court Brook Tit. Continuance Dieta rationabilis DIeta ranionabilis est ascun foits use pur le Reasonable Journey 〈◊〉 un jour coÌ„e Bra. l. 3. part 2. c. 16. Il ad eÌ„ le Civile Ley auters interpretations qÌ„ ne besoigne destre cy insert Veies Vocab utriusque Juris Dieu son act DIeu de son act ceux sont parols plusors foits use eÌ„ nostre Ley la est uÌ„ MaximÌ„ Que le Act de Dieu serra prejud ce a nulluy Et pur ceo si Meason eschiust per Tempest ou auter Act de Dieu le Lessee pÌ„ vie ou pur ans non solemÌ„t serra quit en Action de Waste port vers luy mes ad ê‘ le Ley uÌ„ special interest a pÌ„nder l' merismÌ„ pÌ„ edifier l' Meason arerÌ„ sil voit pÌ„ son habitat ' Co. li. 4. 63. lib 11. 82. a. En mesmÌ„ le manner quant le Condition dun Obligation estoya sur deux parts eÌ„ le disjunctive ambideux sont possible al temps del Obligation fait puis lun de eux deveigne impossible per le Act de Dieu le Obligor nest tenus a ê‘former l'auter part car le condition serra prise beneficialment pur luy Cok. lib. 5. 22. Dignitie Ecclesiastical DIgnitie Ecclesiastical est un phrase de parlance use en l' Stat. de 26 H. 8. c. 3. per les Canonists est define destrÌ„ Administratio cum Jurisdictione potestate aliqua conjuncta Diminution EST quant le Plaintiff ou Defendant en un breif d Error allege al Court qÌ„ part del Record remaine en l' Inferiour Court nient certifie prie qÌ„ ceo serra certifie ê‘ Cerciorari Co. Ent. 232 242. 1 Cro. John versus Thomas 2 Cr. 479 131. Rolls Abridg. 765 20. Diocesse DIocesse est le Circuit del Jurisdiction de chescun Evesque car est Royalme ad deux sorts de Divisions l' un en Shires on Counties en respect del Temporal policy l'aut ' en Diocesses en respect del JurisdictioÌ„ Ecclesiastical Disabilitie DIsabilitie est quaÌ„t hoÌ„e per asc ' chose ou act ê‘ luy mÌ„ ou son ancestor fait ou coÌ„mit ou ê‘ asc ' aut ' cause est disabbe ou fait incapable a fairÌ„ de inheriter ou de prender benefit ou advantage d' uÌ„ chose que auterment il puit aver doÌ„e ou fait La sont plusors choses per queux hoÌ„e poit estre disable ceux sont communemeÌ„t ou ê‘ le act del Partie ou son Ancestor ou ê‘ l'act del Ley ou de Dieu Disabilitie per act del Ancestor coÌ„e si home soit attaint de Treason ou Felonie ê‘ cest Attainder son sangue est corrupt ê‘ ceo luy mesme ses issues disable d' inherit ' Disabilitie per le act del Partie mesme come si uÌ„ home fait Feoffment al aut ' home qÌ„ adonque est sole sur condition qÌ„ il enseofferÌ„ un tierce home devant M. devaÌ„t M. ou le FeoffmÌ„t fait le Feoffee prist feme il ad per ceo luy disable de performer le Condition accordant al trust en luy repose pÌ„ ceo le Feoffor poit enter luy ousta come est Lit. sect 357. Issint si le Feoffee charge le Terre ou enter en Statute-Staple ou Statute-Merchaut ê‘ ceux acts il ad luy mesme disable le Feoffor pÌ„ ceo poit enter come en le primÌ„ case Issint si jeo moy oblige qÌ„ sur Surrender â— un Lease jeo voile faire un novel Estate al Lessee puis jeo gran â— a ouster mon Reversion en ceo case comÌ„t que jeo en apres ceo repurchase acquire tout le Reversion a moy arere uncore jeo aye forfeit mon Obligat ' pÌ„ c ' qÌ„ jeo fuy un foits disable de ceo ê‘forme Cok. l. 5. f. 21. Aux ' si hoÌ„e soit excomÌ„enge il ne poit durant ceo temps suer asc ' Action mes serra per ceo disable Co. l. 8. f. 69. issint en plusors auters cases Disabilitie per act del Ley est puis ê“permÌ„t quant hoÌ„e per le sole act del Ley sans ascun original ou primÌ„ chose per luy fait est disable issint est Alien nee Et pur ceo si home nee hors de la liegeance de nostre Seignior le Roy voile suer asc ' Action le Tenant ou Defendant poit dire qÌ„ il fuit nee en tiel Pays hors de la liegeance le Roy demand judgment sil serra respondue car le Ley est nrÌ„e Birthright a qÌ„ un Alien est collateral estrang ' pÌ„ ceo disable pur prender ascuÌ„ benefit ê‘ ceo Per le Act de Dieu come destre Non compos mentis est un Disabilitie eÌ„ asc ' cases en asc ' nemy pÌ„ qÌ„ semble que cesÌ„t difference poit estrÌ„ prise que
Contempt tort quant il est Justice l' Evesque maundera ses Letters al Roy certificant ceo donques serra maunde al Visc ' de luy deliver per un Brief appel Excommunicato deliberando Veies le Statute 5 Eliz. cap. 23. Excommunication EXcommunication Veies Excommengement Execution EXecution est lou Judgement est done en ascun Action que le Plaintife recovera le Tre le Det ou Dammages come le case est quant asc ' Bri â— f est agard de luy mitter en possession ou â— faire ascun chose per que le Plaintife serra le mieux satisfie son Det ou DamÌ„ages ceo est appel Brief d' Execution quant il ad le Possession de le Terre ou est pay le Det ou Dammages ou ad le Corps le Defendant agard al prison donques il ad Execution Et si le Plee soit en Countie ou Court-Baron ou Hundred ils delaiont l'Execution del JudgmÌ„t en favour de partie ou pÌ„ auter encheason le Demandant avera Brief De Executione Judicii Nota que en Brief de Det home navera Recoverie de nul Terre mes de ceux que le Defendant avoit jour de Judgment rendue Et de Chateux home avera Execution solement des Chateux queux il avoit jour d' Execution sue Executione facienda EXecutione f â— cienda est un Brief commandant Execution d'un Judgment le divers uses de quel veies en le Table de Reg. judic Executor EXecutor est quant un hoÌ„e fait son Testament darreine Volunt en ceo nosma le person que executera son Testament il est son Executor est a tant en le Civil-Ley come Haeres designatus vel Testamentarius come al Det Biens Chattels son Testator tiei Executor avera Action vers chescun Dettor de son Testator si l' Executor ad Assers chescun a que le Testator fuit indett avera Action vers l' Executor si ad Obligation ou Especialtie mes en chescuÌ„ case lou le Testat ' puissoit gager son Ley nul Action gist vers Executor Veres pluis de ceo devaÌ„t Titulo Administrators Etsi ascun aut ' person nieÌ„t fait Executor prist ou vend les biens del mort pÌ„ estre fue coÌ„e Executor de son tort en mesme le forme come auters Executors Vide Stat. 30 Car. 2. cap. 7. Exemplification EXemplification est ou hoÌ„e vo â— le aver asc ' O â— iginal Record transcript exemplifie hors del Court lou il remaine a quel purpose il poit aver un Brief come appiert ê‘ le Reg. orig fol. 290. Et si hoÌ„e voile leader un Record en auter Court q' ceo lou il remainÌ„ il covient a luy d'aver exemeplifie south le Grand Seale d' Angleterre car sil soit exemplifie south le Seale 〈◊〉 ComÌ„on Banke Excheq ' ou tiels semblables ceo ne servera forsê‘ eÌ„ Evidence al Jurie Veies Coke l. 5. f. 53. Veies le Stat. 13 Eliz. cap. 6. 23 El. 3. le force use d' Exemplifications de Patents c. Exemption EXemption est un privilege destre Franke de Service ou A â—â— arance pÌ„ ceo un Baron Baronesse ê‘ reason de lour Dignitie sont exempts destre jure sur asc ' Enques â— Coke l. 6. f. 53. Aux ' Chivalers Clerks Femes sont exempts d' appearer al Leets ou Tourne del Visc ' Et ceo est ê‘ le Statute de Marlebridge c. 10. Et home poit estre exempt destre mis sur Enquests ou Juries per les Letters Patents le Roy come le President Colledge ou Communaltie de Physicians eÌ„ Londres fueront ê‘ les Letters Patents del Roy H. 8. Coke l. 8. f 108. Ex gravi querela EX gravi querela Veies devant Tit. Devise Exigent EXigent est un BrÌ„e qÌ„ gist lo â— hoÌ„â— sue Action personal le Defendant ne â— oit este trove ne ad â— iens deins le Countie ê‘ que il puit este attach ou distreine donques cest Brief issera al Viscount de faire ProclamatioÌ„ al cinq ' Counties chescun apres auter que il appeare ou autermÌ„t il serra utlage si soit utlage donques touts ses biens chateux sont forfeits al Roy. En un Endictment de Felonie l' Exigent issera apres le primer Capias Et en Capias ad computandum ou ad satisfaciendum en chescun Capias que issist apres Judgment l' Exigent issera apres le primer Capias Et auxy en Appeal de Mort mes nemy en Appeal de Robberie ou Mayhem Ove ceo Exigent issuist un brÌ„e per le Stat. 13 El. cap. 3. a fait trois Proclamations envers le Defendant quel n' est en exigents puis Judgment Exigenter Exigenter est uÌ„ Officer del CoÌ„mon Plees 〈◊〉 ceux sont quarre Ils font touts Exigents Proclamations en touts Actions eÌ„ queux ê“ces d' Utlagarie gist Et ils font BrÌ„es de Supersedeas cybyen come les Protonotaries sur tiels Exigents come fueront faits en lour Office Et â— cest Officer mention est fait en les Statutes 〈◊〉 10 H. 6. c. 4. 18 H. 6. c. 9. Ex mero motu EX mero motu sont parols usualmÌ„t mis eÌ„ les Charters le Roy per qÌ„ux il implie que il fait ceo qÌ„ est conteine en le Charter de son volunt motion demesne sans Prier ou Suggestion fait per ascun auter Et l' effect de ceux parols est d'ou â— er touts Exceptions q' poieroÌ„t este prise al Instrument en que ils sont conteinus ê‘ alledger que le Roy en donont de c ' Charter fuit abuse ê‘ ascun faux Allegation Kitcb f. 151. Et quant uÌ„ Charter le Roy ad eÌ„ ceo ceux parols il serra prise pluis fortment vers le Roy pÌ„ que si le Roy pardon a B touts â— es Dets ex mero motu touts Dets que B doit coÌ„e Viscount sont ê‘ ceo pardon en mesme le manner est en plusors auters cases lou ceux â— arols serra prise cy fort vers le Roy coÌ„e si un Common ê‘son ad fait le Graunt Veies Coke l. 1. f. 45. Ex parte talis EX parte talis Veies devant Tit. Account Expeditate EXpeditate est un ê‘ol piusors foits use eÌ„ le Forrest impliant de pren â— hors les Balls des pees de graÌ„d ChieÌ„s pur le preservation de Sporte l' Roy. Et un des Articles destre enquire concernant le Forrest est Si touts grand Chiens ou Mastives deins le Forrest sont expeditate accordaÌ„t al Leys del Forrest si ascuns ne sont l' Owner de chesc
N. Naam NAam est le Pursuer on Apprehension des biens moveables de un auter home il est ou loyal ou illoyal Naam loyal est un reasonable Distresse accordant al value del chose pur que Distresse est fait Veies puis de ceo en Hornes Mirrour de Justices lib. 2. Nativo habendo NAtivo habendo est un Brief que gist lou le Villeine ou Nief de un Seigniour est ale â— luy donques le Seigniour avera cest Brief direct al Vic' que il face le SnÌ„r aver son Villein ou Niefe ovesque touts ses chateux En cest Brief plusors Villeins ou Nieses ne purront estrÌ„ demandes que deux mes cy tant des Villeins ou Niefes que voilent joyntmÌ„t poieÌ„t porter BrÌ„e de Libertate probanda Et si un Nief port Brief de Libertate probanda avant que le Seigniour port cest Brief donques le Villein Plaintif ou Niefe serra en peace jesque al venue des Iustices ou autermÌ„t son Brief ne luy aidera Au â— y si un Villein ad demur en Antient demesne per un an jour sans claime del Seigniour donques il ne poit luy seiser deins le dit Franchise Naturalization NAturalization Veies Denizen Ne admittas NE admittas est un Brief direct al Evesque al Suit de un que est Patron de ascun Esglise il doubta que l'Evesque voit collate un son Clerk ou admit un auter Clerk pÌ„sent ê‘ auter home al dit Benefice donques il qÌ„ c ' doubta avera cest Brief de inhibiter le Viscount de collater ou admitter ascun a son Esglise Negativa pregnans NEgativa pregnans est quant un Action Information ou tiel semblable Suite est port envers un le Defendant plead en Barre del ActioÌ„ ou auterment un Negative Plee que nest cy special aunswer al Action mes que il enclude auxy un affirmat â— ve Come pÌ„ example Si uÌ„ BrÌ„e de Entre en casu proviso soit port per cestuy en le Reversion sur Alienation ê‘ le Tenant pur vie supposant que il ad alien en Fee que est un Forselture de son Estate le Tenant al Brief dit que il nad alien en Fee cest un Negative en que est include un Affirmative car nient obstant il soit veray que il nad alien en Fee uncore il poit estre q' il ad fait un Estate en taile le qÌ„l est auxy un Forfeiture donques l' Entry de celuy en l'Reversion est loyal c. Item en un Quare impedit l'Roy fist Title de presenter a un Prebend ratione que les Temporalties de l'Evesquerle fueront en sa mains ê‘ le mort â— W. nuê‘ Episcopum c. Le Defendant dit que ne voida pas esteants les Temportalties eÌ„ les maines â— l Roy ê‘ le mort de W. Cest un Negative pregnant car il poit estre en les maines del Roy auterment que per le mort de W. il suffist al Roy si soit en sa maines c. Issint est lou un Information fuit port in Scaccario vers J. S. pur ceo que il achate lanes pereÌ„ter Sheringtemps Assumption tali anno de J N. Le Defendant dit quod non emit de J. N. come il est alleadge c. Ceo est appelle un Negative pregnant car sil ceo achate de auter uncore il est culpable pur achater Neif ou Nief NIef est un Feme que est bonde ou uÌ„ Villein Feme mes si el marrie un Frankhome el est ê‘ ceo fait frank pur ceo que el sa Baron sont forsque un person en Ley el covient estre de mesme le nature condition en Ley a touts entents coÌ„e sa Baron mes sa Baron est frank a touts entents sans ascun condition en Ley ou autermÌ„t issint per consequens le Feme covient estre est frank accordant al nature son frank Baron Et donques si el soit un foits franke cleerement discharge de Villenage a touts entents el ne poit estre Niefe apres sans especial act fait per luy come Divorce ou Conusans en Court de Record c ' est en favour de Libertie Et pÌ„ ceo un Franke feme ne serra Villeine per prisel del Villein a sa Baron mes lour issue serra Villeines come lour Pere fuit que est contrary a le Ley Civile car la est dit Partus sequitur Ventrem Bondage ou Villeinage ad son coÌ„mencemÌ„t enter les Hebrews son original de Chanaan le fits de Cham qÌ„ pÌ„ ceo que il avoit derise son Pere Noe gisant dissolutement quant il fuit ebrle fuit punie en son fits Chanaan ovesque penaltie d'Bondage Ne Injuste vexes NE injuste vexes Vide Titulo Monstraverunt Next Friend NExt Friend Veies Prochein Amy. Nihil dicit NIhil dicit est quant un Action est pore envers un home le Defendant appeare le Plaintife declare le Defendant ne voile responder ou pleade al Action ne maintaine son Plee mes fait Default ore sur cest Default il serra condemne quia Nihil dicit Nisi prius NIsi prius est un BrÌ„e judicial gist quant l'Enquest est impanell ' retorne devant les Justices en Banke donques le Plaintife ou Defendant poit aver cest BrÌ„e direct al Vil â— ' luy commandant qÌ„ il face vener la Enquest devant les Justices en mÌ„ le Countie a lourvener ceo pÌ„ easement del Enquest Nomination NOmination est lou un poit en droit de son Mannor ou auterment nominate appoint un able Clerk ou hoÌ„e al un Parsonage Vicarage on tiel Spiritual promotion Et nota que cest Nomination poit estre al auter que l' Ordinarie que auter luy presenterÌ„ al Ordinarie Non-ability NOn-abilitie est lou un Action est port vers un le Defendant dit que le Plaintiff est non able de suer asc ' Action demand Judgment sil serra responde Il y ad 6 causes de Non-abilitie en le Plaintiff come sil soit Utlage ou Alien nee mes cest Disabilitie est en Actions reals mix solement non en Actions personals si non que il solt un Alien enemie ou condemne en Praemunire ou ê“fesse en un Abbie Priorie ou Frierie ou Excommenge ou un Villeine sue son Seignoir Mes cest darreine nest Plee pur auter que nest Seignior al Villeine Vide de ceo Littl. l. 2. c. 7. Non-age NOn-age est tout les temps de l'age del home desouth 21 ans en
de record Et puis ceo le Defendant relicta verificatione que est son plea cognoscit actionem sur ceo Judgment est enter pur le Plaintiff Relief RElief est ascun foits un certaine summ de money que l'Heir payera la SnÌ„r â— que ceux Terres sont tenus queux apres le decease de son Ancestor sont a luy discende come procheinÌ„ Heir Ascun foits il est le PaymÌ„t d' uÌ„ auter chose nemy money Et pur ceo Relief nest certain semblable pur touts Tenures mes chescun sundry Tenure ad pur le pluis part son special Relief certain en luy mesme Neque est cÌ„ destre paye touts foits al un certain age mes il varie accordant al Tenure Come si le Tenant ad terr â— tenus per Service de Chivaler forspris grand Serjeantle morust son Heire esteant de pleine age tient ses Terres per le Service de un entier Fee de Chivaler le Seignior de que ceux Terres sont issint renus avera del Heire C s. nomine Relevii si il tient per meins qÌ„ un Fee de Chivaler il payera meins si pluis donques pluis aiant respect touts foits al rate pÌ„ chesc ' Fee de Chivaler un cent soulz Et si tient ê‘ grand Serjeantie que est touts foits del Roy est auxy Service de Chivaler donqÌ„s le Relief serra le value del Terre per an preter touts charges issuant hors de c ' Et si l' Terre soit tenus en Petit Serjeantie ou eÌ„ Socage ' donques pÌ„ le Relief le Heire payera al un foits taÌ„t que il doit payera anÌ„uelment pÌ„ son Service qÌ„ est coÌ„munement appelle le Doubling â— l Rent Auxy si un home tient del Roy en chief des auters SnÌ„rs le Roy avera le Garde de touts les Terres le HeirÌ„ payera Relief a touts les Seigniours a son plein age mes les Seigniours suera al Roy ê‘ petition avera le Rent pur le temps que le Enfant fuit en Gard. Mes veies ore que per le Statute de 2 E. 6. cap. 8. les mesne SnÌ„rs ne sont mises a lour Petition mes averont touts les Rents as eux payes per les Officers le Roy sur request annuelment durant le possession le Roy. Et nota qÌ„ touts foits qnÌ„t le Relief est due il doit estre pay al un entier payment nemy per parts nient obstant que le Rent soit destre payer al several Feasts Veies le Statute 12 Car. 2. cap. 24. Remainder REmainder de Terre est l' Terre que remainera apres le particular Estate determine Come si un grant Terre pÌ„ terme de ans ou pÌ„ vie le remainder al J. S. cest adire quant le Lease pÌ„ ans est determinÌ„ ou le Lessee pur vie est mort donques le Terre remainera ou abide ove al ou en J. S. Veies Reversion Remembrancer del Eschequer REmembrancer del Eschequer la sont trois Officers ou Clerks la appel per tiel nosme l' un est appelle Remembrancer del Roy l' auter del Seignior Treasurer le tierce del Primer fruicts Le Remembrancer del Roy enter en son Office touts Recognisances pur les Dets le Roy Apparances pur observer Orders auxy il prist touts Obligations pur ascun des Dets le Roy pur Apparances observances d' Orders fist Proces sur eux pÌ„ le enfreinder de eux Le Remembrancer del Seignior Treasurer fist Proces vers touts Viscounts Escheators Receivers Bailifes pur lour Accounts il fist le Proces de Fieri facias Extent pur ascun Dets due al Roy ou en le Pipe ou ove les Auditors il fist Proces pur tout tiel Revenue que est due al Roy per reason de ses Tenures Le Remembrancer de les Primer fruicts prist touts Compositions pÌ„ Primer fruicts Dismes fait Proces envers ceux qÌ„ ne pas paya mÌ„ De ceux Officers veies pluis eÌ„ Da. Livre del Office Authoritie de Viscounts f. 186. Remitter REmitter est quant un home ad deux Titles a ascun Terre il vient al Terre ê‘ le darreine Title uncore il serra adjudge ein s per force de son pluis eigne Title ceo serra dit a luy uÌ„ Remitter Come si Tenant eÌ„ le taile discontinua le Taile puis disseisie son Discontinuee morust ent selsie les Terres discendont a son issue ou Cosin enheritable ê‘ force del Taile en ceo case il est eÌ„ son Remitter cestascavoir seisie del ê‘ force del Tail le Title del Discontinuee est ousterment anient defete Et le reason cause de tiel Remitter est pÌ„ ceo qÌ„ tiel Heire est Tenant del TrÌ„e nest ascun ê‘son Tenant vers que il poit suer son Brief de Formedon pÌ„ recover l' Estate taile car il ne puit aver Action vers luy mesme Auxy si Tenant en le taile enseoffa son Fitz ou Heire apparent qÌ„ est deins age puis devie ceo est uÌ„ Remitter al Heire mes si il fuit 〈◊〉 plein age al temps de tiel FeoffmÌ„t il nest Remitter pÌ„ cÌ„ qÌ„ il fuit son follie qÌ„ il esteant 〈◊〉 plein age voile pÌ„nder tiel FeoffmÌ„t Si le Baron alien Terre que il ad en le droit son Feme puis reprist Estate a luy a son Feme pÌ„ terme de lour vies ceo est un Remitter al Feme pur ceo que cest Alienqtion est l'act leÌ„ Baron nemy l' act de la Feme car nul follie poit estre adjudge en Feme durant le vie le Baron Mes si tiel Alienation soit per Fine en Court de Record tiel Reprisel apres al Baron Feme pur terme de lour vies ne ferra la Feme destre en sa Remitter pur ceo que en 〈…〉 la Feme serra examine 〈◊〉 Judge tiels examina â—â— on s en Fines excluderont tiels Femes a touts jours Auxy quant l' Entrie d'asc ' home est congeable il prist Estate a luy quant il est de plene age si ne soit per Fait indent ' ou matter de Record que luy estoppera ceo serra a luy bone Remitter Rents REntssoÌ„t 〈◊〉 divers kinds ces â— ascav ' Rent-service Rent-charge Rent-secke Rent-service est lou le Tenant in Fee-simple tient sa TrÌ„e de son SnÌ„r ê‘ Fealtie certaine Rent ou ê‘ auter Service Rent donques si le Rent soit arere le SnÌ„r poit distraine mes il jammais navera Action de Det
avantdit de Rent service Et in mÌ„ le manner est de Rent charge ou annual Rent Mes eÌ„ touts ces Rents le Heire pro â— t aver pÌ„arrearages en son temps demesne tiel advantage come avoit son Pere en sa vie Vide Statute 32 H 8. cap. 37. Et nota bien que en Rent seck si home ne soit seisie del Rent il soit aderere il est sans recovery pur c ' que il fuit son folly demesne al primer quant le Rent fuit grant a luy ou reserve que il ne prist my Seisin del Rent sicome un denier ou deux HomÌ„ ne poit averÌ„ Cessavit per biennium ou un auter BrÌ„e d'entry sur Cessavit pÌ„ ascun Rent seck aderere per deux ans mes il pÌ„roit tant solement pÌ„ Rent service ut patet in le Stat. Westm 2. cap. 21. Il covient pÌ„ luy que sue pÌ„ Rent seck monstrÌ„ Fait al Tenant autermÌ„t le le Tenant ne serra my charge del Rent sorsque lou le Rent seck fuit Rent service adevant come en cest case SnÌ„r Mesne Tenant chesc ' de eux tient de auter per Homage Fealtie le Tenant de Mesne per 10 â— de Rent le Seignior paramount pÌ„chase les Terres ou Tenements 〈◊〉 Tenant tout le Seigniorie del Mesne forsprise le Rent extinct pur cest cause cest Rent est devenus Rent seck le Rent service change car il ne poit distraine pur cest Rent en cest case celuy qÌ„ demaÌ„da le Rent ne serra jammes charge de monstre Fait Auxy en Brief 〈◊〉 Mortdancestor Ayle ou Besayle de Rent seck il ne besoigne de monstre Especialtie pur ceo que ceux Briefs de Possession comprehendont un Tir'e delns eux mesmes cestascavoire que le Ancestor fuit seifie de mesme le Rent continua son possession per cause de quel Seisin le Ley suppose qÌ„ est auxy averrable per le Pays TameÌ„ quaere car ascuÌ„s supposant uÌ„ fine sorce a moÌ„strÌ„ avaÌ„t Fait pÌ„ ceo que Rent seck est uÌ„ chose eÌ„count ' coÌ„mon droit auxy bien come Rent charge Mes en Assise de Novel disseisin en Brief de Entrie sur disseisin port de Rent seck il covient de Fine fore mrÌ„e avant Fait pÌ„ ceo que Rent seck est un chose encounter coÌ„mon droit sinon en le case suisdit ou il fuit Rent service adevaÌ„t ê‘ le act del Ley est devenus Rent seck Et Assise de Novel disseisin Brief de Entrie sur disseisin ne conteigne deins eux nul Title mes supposant un Disseisin deÌ„e fait en le Plaintiff de entendment del Ley le Disseisin ne done nul cause de Averment encounter common droit mes de fine force il monstre avant Especialy Repleader REpleader est ou le plees de Plaintiff ou Defendant ou ambi-deux sont male ou un impertinent Issue joyne donque le Court annul touts ceux pleas queux sont male agard quod partes replacitent Co. En. 152. 221 224. Replevin REplevin est un Brief que gist quant un home est distreine pur Rent ou auter chose donques il avera cest Brief al Viscount pur deliver a luy le Distresse trovere Surety de pursuer son Action si il ne pursua ou si soit trove judged encounter luy donques cestuy que prist le Distresse re-avera Distresse que est appel ' Retourne des Avers il avera en tiel case Brief appel Returno habendo Mes si le Defendant avow pur Rent il poit aver judgement pur le value des avers per le Statute 17 Car. 2. cap. 7. Si soit en ascun Franchise ou Bailiwicke le party avera un Replevin del Viscount directe al Bailiff de mÌ„ le Franchise pur eux redeliver il trovera Surety de pursuer son Action al prochein County Et cest Replevin poit estre remove hors del County en le Common banke ê‘ Brief de Recordare Vide plus de Replevin devant Title Distress Auxi vide Mic. 2. E. 3. pl. 31. 7 E. 3. 27 pl. 13. un parol Plevin ou terr' fuit prist en la main le Roy. Et puis sont deliver ou Replevy hors des mains le Roy per que veies Stat. 9 E. 3. cap. 2. Brief de Homine replegiando gist lou un home est en Prison nemy per especial commandement le Roy ne de ses Justices ne pÌ„ le mort de home ne pur le Forrest le Roy ne pur tiel cause que nest replevisable donques il avera cest Brief direct al Vicount que il luy faire estre replevy Et cest Brief est un Justicies nient retournable Et si Vicount ne ceo face donques issera auter Brief Sicut alias apres auter Brief Sicut pluries vel causam nobis significes que serra retornable Et si le Viscount uncore ne face Replevin donques issera un Attachment directed al Coronors dattacher le Vicount de luy amesner devant les Justices a un certain jour ouster ceo que ils facent execution del primÌ„ Brief Replication REplication est quant le Defen â— en ascun Action fait Respons le Plaintiff replie a ceo ceo est appel le Replication del Plaintiff Reprises REprises sont Deductions Payments Duties que va annuelmÌ„t sent pay hors de un Mannour come Rent charge Rent seck Pensions Corrodies Annulties Fees de Seneschals ou Baylifes tiels semblables Reprieve REprieve venust del Francois Repris Resumptus issint que repriver est ê“perment â— resumer un Prisoner soner del Execution proceeding del Ley pur ceo temps Requests REquests est un Court teigne en le Palace del Roy devant le Master de Requests ê‘ Petition semble estre un Court d' Equity Rere County REre County Retrocomitatus est un ê‘ol use en les Stat. Westm 2. c. 39. 2 E. 3. c. 5. semble ê‘ ceux Stat. destre asc ' publique lieu que l' Viscount appoint pÌ„ le receit des deniers le Roy apres le fine de son County Court Resceit REsceit est quant ascun Action est port vers Tenant pur terme de vie ou de ans cestuy en le Reversion vient eins pria destre receive pÌ„ defen â— le Terre pÌ„ pleader ovesque le Demandant Auxy quant il vient il covient que il soit touts foits prist a pleader ove le Demandant En mesme le manner un Feme serra receive pur default sa Baron en Action port vers ambideux Et Tenant pur ans serra receive a defend ' son
quant un home prent asc ' chose del ê‘son d'un auter feloniousmÌ„t coment qÌ„ la chose prise soit al value sorsque d'un denier uncore il est Felonie pÌ„ quel l' Offendor suffera mort Rood de Terre ROod de Terre est un certaine quantitie 〈◊〉 Terre conteinÌ„ le quatre part d'un Acre Anno 5 Eliz. c. 5. Rout. ROut est quant people assemble eux mÌ„ puis ê“cedant ou chivauchant ou alant avant ou movent ê‘ instigation d'un ou plusors que est Conductor d'eux Cest appel un Rout pÌ„ c ' qÌ„ ils movent ê“ceed en routs numbers Item ou plures assemble eux sur lour quarrels braules demesne come si les inhabitants d'un Ville voille ass â— mbler eux pÌ„ disbruiser Heys Mures Fosses Pales ou tiels semblables d'aver Common l â— ou de bater un auter que ad fait eux un common displeasure vel hujusmodi cest un Rout encounter le Ley coment qÌ„ ils nont fait ou mis en execution lour male entent Veies le Statute 1 Mar. c. 12. S. Sac ou Sake SAke est Placitum Emenda de TransgrÌ„ hominum in Cnria vestra quia Sake Anglice est Encheson Gallice sake est mis pur sick Veies Keloway Casus incerti temporis f. 145. a. que le privilege appel Sake est d' aver les Amerciaments de ses Tenants en son Court demesne Sacrilege SAcrilege est quant un emblee ascun Vessels Ornaments ou biens de Saint Esglise qÌ„ est Felony 2 Cro. 153 154. Salary SAlarie Salarium est un parol mult use en nrÌ„e Livres signifie un Recompence ou Consideration done al asc ' pur son labour implie sur les besoign ' d'un aut ' Et est issint appel come Plinie dit l. 31. Nat. Hist c. 7. quia tam necessarium est quam Sal homini labores suos sapit ut Sal cibos Sanctuary SAnctuary est un Lieu privilege ê‘ le Soveraigne pÌ„ le garder des vies des homes queux sont pechers esteant foundue sur le Ley de Mercy sur le grand reverence honour devotion qÌ„ le Soveraigne port al lieu a que il granta tiel Privilege q sult st grand en temps passe qÌ„ les Soveraignes on t grant mesmÌ„ en cases de Treason ê‘petres encounter eux mesmes Murder Rape ou auter crime quecunque De ceo veies Stamf. Pl. del Cor. l. 2. c. 38. Satisfaction SAtisfaction est quant un Defendant ad pay Debt ou Damages versus luy recover il covient a luy d' aver satisfaction d' estre enter sur le record del Judgment Sarpler SArpler est un quantitie de Lane que en Escose est appel Serplath containe 80 Stone ove nous en Angleterre un Corde de Lane consista per l' opinion d' ascuns de 80 Todde chesc ' Todde containa deux Stone chescun Stone 14 Livers que uÌ„ Sack â— lane est en usual estimation egal ove uÌ„ Corde un Sarpler le moietie d'un Sack Scandalum magnatum SCandalum magnatum est un Male report inveÌ„t ou disperse al prejudice ou slander d' ascun grand personage ou Officer â— l Realm Le punishmÌ„t pÌ„ que est enact ê‘ divers Statutes viz. Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage ou Shewage est un Tolle exact ê‘ les Maiors Viscounts Bailiffs des Cities Boroughs corporate pur wares ou merchandise monstres destre vendus deins lour pÌ„cincts jurisdiction quel Exaction esteaÌ„t encont ' le privilege des subjects le Roy suit inhibite per un Statute fait 19 H. 7. c. 8. Veies 21 H. 7. f 1 â— a. veies le Stat. de 22 H. 8. c. 8. in fine Major c. de London port dett pÌ„ cel duty hiis verbis Pro supervisu apertionis H. 18 19. C. 2. B. R. Roll. 625. Scire facias SCire facias est un Brief judicial issuant hors de Record gist lou un ad recover Dette ou Dammages en Court le Roy il ne sue pas d' aver Execution deins l' an le jour donqÌ„s apres l' an jour l' avera il dir Brief a garner le partie si le partia ne vient ou sil vient ne scavoit riens dire encounter Execution donques il avera un Brief de Fieri facias direct al Viscount luy commandant que il levie le Dette ou les Dammages des Biens 〈◊〉 celuy qÌ„ avoit perdue Le BrÌ„e de Fieri facias gist deins l' an sans ascun Scire facias suer Auxy si le sumÌ„e 〈◊〉 mesme le Dette ou Dammages ne poit estre levie des Biens de celuy qÌ„ avoit ê‘due donques il poit aver un BrÌ„e d' Elegit direct al Viscount que il face luy deliver la moietie de sa Terre Biens except ses Boves affries de sa Carue Quant un ad recover Det ou Dammages en Action ê‘sonal lou le Proces est uÌ„ Capias il poit aver uÌ„ auter BrÌ„e d' Execution appel Capias ad satisfaciendum pur prender le Corps celuy qÌ„ est issint condempne que serra commit al prison illonques a demurrer sans Baile ou mainprise tanque il ad satisfie le partie Auxy quant uÌ„ ad JudgmÌ„t de recover ascun Terres ou Tenements il avera un BrÌ„e appel Habere facias scisinam direct al Viscount luy commandant deliver a luy Seisin de mesme le Terre issint recover Veies pluis de ceo en les Titles Fieri facias Execution Le Brief supra est done ê‘ Statute Westm 2. cap. 45. Mes auxi sont auters manners de Scire facias scil super Audita Querela Brevia de Erroribus corrigendis tam ad audiendos errores qÌ„ quare ExecutioneÌ„ habere non debeat versus terrtenent super Juditiis hujusmodi Scot. SCot est quietum esse de quadam Consuetudine sicut de communi Tallagio facto ad opus Vic' vel Balliv ' ejus Scotale SCotale est un Extortion prohibit per le Charta del Forrest cap. 7. est lou ascun Officer del Forrest tenust un Alehouse al intent que poit aver le custome des Inhabitants deins le Forrest de vener expender lour deniers ove luy pur ceo il coniverÌ„ a lour offences commise deins le Forrest Second deliverance SEcond deliverance est un Brief fait ê‘ le Filacer a reliver avers distreine puis qÌ„ le Plaintiff est Non-suit en un Replevin Plo. Com. 274. Dyer 41. Se defendendo SE defendendo est un Plee pÌ„ luy que est charge ove mort de un auter disant que il fuit compelle a ceo que il faisoit en son defence m
de que le parcel de Terre ou le Wast ad este encroche avert cest Brief envers le Seignior que ad issint encroche Ravishment de Gard. RAvishment de Gard est un Brief que gist pur le Gardian en Chivalry ou Soccage vers cestuy que prist de luy le corps son Gard. Et de c ' veies F. N. B. fol. 140. E. c. Rebutter REbutter est quant un per Fait ou Fine grant d' garranter ascun Terre ou HereditameÌ„t a un auter cestuy que fist le Garrantie oy son HeirÌ„ sua celuy a que le Garrantie est fait ou son Heire ou Assignee guee si celuy que issint sue pleade le dit Falt ou Fine ove Garrantie demand Judgement si le Plaintiff serra receive a demander le chose que il doit garrant ' enconter cel Garrantie per le Fait ou Fine avant dit compernant tiel Garrantie tiel Pleader en Garrantie est appelle un Rebutter Cest paroll est auxi un denomination d'un Plea qÌ„ succeed le plea appel surrejoinder puis le Rebutter succeed Surrebutter Queux veies Cokes Entries fol. 284. Recaption REcaption est un second Distresse dun que fuit auterfoits distrein devant pÌ„ mÌ„ le cause c ' durant le Plea ground sur le former Distresse Est auxy le nosme del Brief ou Remedy que le Ley donÌ„ pÌ„ cestuy q' est issint deux foits distrein pÌ„ uÌ„ chose le formÌ„ use 〈◊〉 qÌ„l Br ' poies veier en F. N. B. f. 71. E. c. Recluse REcluse est cestuy que ê‘ le reason de son Order en Religion ne poit mover ou departer hors de son Meason ou Cloister Et dun tiel Littleton parle sect 434. Recognizance REcognizance est un Obligation fait devant un Master del Court de Chauncery pur un Debt ou a performer Covenants ou uu Order ou Decree del Court sur qÌ„ un Elegit issue si les conditions ne sont ê‘forme mes nul Capias sur ceo gist versus le cognisor ou ses Executors Quaere vide 2 Len. 84. Recordare REcordare est un Brief direct al Viscount pÌ„ remover un Cause hors duÌ„ inferior Court comÌ„ Court â— l AncieÌ„t deÌ„esne HuÌ„dred Court ou County Court en Bank le Roy ou Common Bank Et de c'veies F. N. B. f. 70. B. Record REcord est un Esctipt en Parchment ou sont enroll Pleas de Terre ou Common Pleas Faits ou Criminal Proceedings en ascun Court de Record mes en Courts nient de Record come Admiraltie Courts Christian Courts Baron c. lour Registrie de procedure ne sont ê“prement dits Records Mes Courts de Ley teign ê‘ Grant â— l Roy soÌ„t Courts de Record Recovery REcovery est commenmÌ„t intend un common Recocovery ê‘ assent des parties a docker un Entaile est foundue sur un Brief â— entry Auxi chescun judgment est recovery ê‘ les parols Ideo consideratum est quod recuperet Recusants REcusants sont touts ceux queux separate de l'Esglise congregacÌ„on ê‘ Ley Statutes establies en cest Roialm de qÌ„l opinion ou sect lis sont come touts Judges ont ceo expound suê‘ Statute 35 El. cap. 1. divers auters Stat. Redisseisin REdisseisin Veies de ceo devant en le Title de Assise Reextent REextent est un second Extent fait sur Terres ou Tenements sur complaint fait que le prieur Extent fuit partialment performe Broke tit Extent fol. 313. Regarder REgarder venust del Francois Regardeur i. e. Spectator signifie un Officer del Forrest le Roy jure de prender le regard del Vert Venison de veier inquire des touts Offences coÌ„mises deins le Forrest des touts les coÌ„cealmÌ„ts 〈◊〉 eux si touts les Officers del Forrest bien executoÌ„t lour Offices ou nemy Veies Manw. For. Leys c. 21. f. 191. b. Regrator REgrator est ce uy que ad Blees Victuals on auters choses sufficient pur son necessary ops ou expences nient obstant engress achate en ses mains plus Blees Victuals ou auters tielx choses al entent de ven â— cÌ„ arere al un pluis hault chare price en Faires Markets ou tiels semblable lieux de que veies le Stat. 5 E. 6. cap. 14. Il serra punie come Forestaller Rejoynder REjoynder est qnÌ„t le Defendant fait respons al Replication del Plainriff Et chescun Rejoynder doit aver ceux deux properties specialment cestaseavoire il doit estre sufficient Respons ad Replication de subsequent eÌ„force le matter del Barr. Relation RElation est lou en consideration del Ley deux temps ou auters choses sont consideres tielment come si fueront tout un per ceo le chose subsequent est dit de prendr ' son force per relation al temps precedent ' Sicome un deliver un Escript al un destre deliver al auter come Fait cestuy qÌ„ ceo deliver qnÌ„t lauter a que serroit deliver ad pay ascun summe de money ore quant le money est pay l' Escript deliver ceo serra repute come Fait cestuy qÌ„ ceo delivera al temps quant fuit primes delivera Issint Petitions de Parliament as qÌ„x le Roy assent al darreinÌ„ jout Ä‘ ParliamÌ„t averoÌ„t relation prendront lour force del primÌ„ jour del commencemÌ„t Ä‘l Parliament Et issint est divers auters choses semblables Release RElease est le Done on Discharge del Droit ou Action qÌ„ ascun eyt ou claime envers auter ou son Terre Et un Release de Droit est coÌ„munemeÌ„t fait qnÌ„t un fesoit uÌ„ fait a uÌ„ auter ê‘ ceux ou tiels parolx Remisisse relaxasse omnino pro me Hered ' meis quiet ' clamasse A. B. totum jus meum quod habui habeo seu quovismodo in f â— turo habere potero in uno Messuagio c. Mes ceux parols quovismodo habere potero â— sont voids Car si le Pere soit disseisie le Fits release ê‘ son Fait sans Garrantie tout son droit ê‘ ceux ê‘ols quovismodo in fut habere potero c. le Pere morust le Fits poit loyalment enter sur le possess le Disseisor Auxy en un Release de Droit il covient que il a que le Release est fait ad un Frank â— enement ou Possession en les Terres en Fait ou en Ley ou un Reversion al temps del Release fait car sil ad riens en le Terre al temps del Release fait le Release ne serra a luy availeable Veies pluis de ceo Littl. lib. 3. cap. 8. Relicta verificatione RElicta verificatione est quant un Defendant ad plead l' issue est enter