other keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causeth the Proclamations to be endorsed when they are proclaimed In the Court of Kings Bench there is likewise a Custos brevium Rotulorum who fileth such Writs as are there used to be filed and all Warrants of Attorney and transcribeth or maketh out the Records of Nisi Prius c. Custos placitorum Coronae Bracton lib. 2. cap. 5. Seems to be all one with him whom we now call Custos Rotulorum Of which I finde mention in the Writ De Odio atia Reg. of Writs fol. 133. b. Custos Rotulorum Is he who hath the custody of the Rolls or Records of the Sessions of Peace and of the Commission of the Peace it self He is always a Justice of Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Judge because the Commission of the Peace by express words lays this special charge upon him Quod ad dies loca praedicta Brevia Praecepta Processus Indictamenta praedicta coram te dictis sociis tuis venire facias Lamb. Eiren. lib. 4. cap. 3. pag. 373. where you may read more touching this Office Who shall appoint the Custos Rotulorum in every County See 37 Hen. 8. cap. 1. and 3 4 Edw. 6. cap. 1. 2 Inst fol. 674. Custos of the Spiritualties oustos spiritualitatis vel spiritualium Is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Diocess during the vacancy of the Sea the appointment of whom by the Canon Law appertains to the Dean and Chapter But with us in England to the Archbishop of the Province by Prescription Howbeit divers Deans and Chapters if Gwin say true in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cutter of the Talleys Is an Officer in the Exchequer that provides Wood for the Talleys and cuts the sum paid upon them and then casts the same into the Court to be written upon Cyricsceat Sax. Vectigal Ecclesiae Primitias seminum quisque ex eo dato Domicilio in quo ipso natali die domini commoratur Spelm. de Concil vol. 1. fol. 125. See Churchesset D. DAkir According to the Stat. 51. Hen. 3. De Compositione ponderum Mensurarum A Last of Hides consists of Twenty Dakirs and every Dakir of Ten Hides But by 1 Jac. cap. 33. or Last of Hides or Skins is Twelve dozen I have also read of a Dakir of Iron but finde not its quantity Damage Lat. Damnatio Fr. Dommage Signifies generally any hurt or hindrance that a Man receives in his Estate but particularly a part of that the Jurors are to enquire of when the Action be it real or personal passeth for the Plaintiff For after Verdict given of the principal cause they are asked their Consciences touching Costs which are the charges of Sute called by the Civilians Expensae litis and Damages which comprehend a recompence for what the Plaintiff or Demandant hath suffered by means of the wrong done him by the the Defendant or Tenant Coke on Littl. fol. 257. Damage Cléer Damna Clericorum Is now assessed by the Tenth part in the Common Pleas and the Twentieth part in the Kings Bench and Exchequer of all Damages exceeding Five Marks recovered either by Verdict Confession or Judgment of the Court in all Actions upon the Case Covenant Trespass Battery False imprisonment Dower and all others wherein the Damages are incertain which the Plaintiff must pay to the Prothonotary or chief Officer of that Court wherein they are recovered before he shall have any Execution for them For example If one lends another on his word or note under hand One hundred pound or sells commodity to that value the Lender or Seller is forced to sue in an Action of the Case recovers must pay Ten pound if in the Common Pleas and Five pound in the Kings Bench or Exchequer and so proportionably for a greater or lesser sum before he can have Execution This was originally no other then a gratuity given the Prothonotaries and their Clerks for drawing special Writs and Pleadings which afterwards grew to a certainty and was not as some have fancied anciently a Tenth part of the Damages recovered For it doth appear by ancient Records that it hath been at an incertain rate sometimes a Sixth and at other times a Third part This by Act of Parliament 17 Car. 2. cap. 6. is taken away from and after the 29 of September 1672. And till that time and no longer Damage Cleer shall be paid out of such Moneys onely as shall be actually levied or otherwise paid by the Defendants and onely for the proportion of the Money which shall be so levied or paid and no more or otherwise Damage Fesant Fr. Dammage Faisant i. Doing hurt or damage As when a strangers Beasts are doing hurt or spoil in the Grass Corn Woods c. of another Man without his leave or licence In which case the party whom they damage may therefore take distrain and impound them as well in the night as day But in other cases as for Rent Services and such like none may distrain in the night Stat. De Districtione Scaccarii Anno 51 Hen. 3. Danegelt Danegold or Dane-geld Gelt in Dutch signifies Money Was a Tribute laid upon our Ancestors of Two shillings for every Hide of Land through the Realm by the Danes who once mastered us in regard as they pretended of clearing the Seas of Pyrats which greatly annoyed our Coasts in those days Camd. Britan. 83. Stow in his Annals fol. 118. says This Tribute came to 40000 l. per annum and began in the time of King Etheldred who being much distressed by the continual invasion of the Danes to procure his Peace was compelled to charge his people with heavy payments For first he gave them at five several payments 113000 l. and afterwards 48000 l. yearly which was released by Edward the Confessor according to Ingulphus fol. 510. a. Others say it continued till Hen. 1. or K. Stephen See Hoveden par post Annal. fol. 344. a. Spelmans Glossarium and Seldens Marc clausum fol. 190. Et sint quieti de Lene Danegeld Gaywitte de omnibus aliis consuetudinibus c. Carta Hen. 7. Ballivis Burgens Mountgomer Danelage See Merchenlage Darrein Is a Corruption from the French Dernier i. Ultimus and we use it in the same sence as Darrein Continuance See Continuance Darrein Presentment ultima Presentatio See Assize of Darrein Presentment Datife or Dative Dativus That may be given or disposed of Whether a Prior shall be Datife and removable or perpetual shall be tryed by the Ordinary Anno 9 Rich. 2. ca. 4. Si Prior Datife removeable suffer eschape respondeat superior 45 Ed. 3. 9 10. Day Dies Is sometimes used for the Day of Appearance in Court either
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
Normannorum atque Cynomannensium 1066 Oct. 14 20 11 22 583 Sept. 9 2 Willielmus Rex Anglorum Willielmus dei gratia nutu Dei Rex Anglorum 1087 Sept. 9 12 11 18 570 Aug. 1 1 Henric is Rex Anglorum Henricus Dei gratia Rex Anglorum Henricus gratia Dei Rex Anglorum Princeps Normannorum 1100 Aug. 1 35 4 1 535 Dec. 1 Stephanus Rex Anglorum Stephanus Dei gratia Rex Anglorum 1135 Dec. 1 18 11 18 516 Oct. 25 2 Henricus Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae 1154 Oct. 25 35 9 8 481 July 6 1 Ricardus Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae 1189 July 6 9 9 1 471 April 6 Johannes Dei gratia Rex Angliae Dominus Hiberniae Dux Normanniae Aquitaniae Comes Andegaviae 1199 April 6 17 7 0 454 Oct. 19 3 Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Normanniae Aquitaniae Comes Andegaviae Anno Regni 44 He Styl'd himself Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae 1216 Oct. 19 56 1 9 398 Nov. 16 1 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae In Records sometimes named Edward of Westminster 1272 Nov. 16 34 8 6 363 July 7 2 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae And 14 regni added Comes Pontivi Monstroill Pat. 14 Ed. 2. Par. 2 m. 14. Stiled also Edw. of Carnarvan 1307 July 7 19 7 5 344 Jan. 25 3 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Anno 13 Regni he omitted Dux Aquitaniae He was also called Edward of Windsor and was the first that used Post Conquestum in His Title 1326 Jan. 25 51 5 7 293 June 21 2 Ricardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1377 June 21 22 3 14 271 Sept. 29 4 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1399 Sept. 29 13 6 3 257 Mar. 20 5 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae Et Anno Regni 8 Hen. Dei Gratia Rex Angliae haeres Regens Franciae Dominus Hiberniae 1412 Mar. 20 9 5 24 248 Aug. 31 6 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1422 Aug. 31 38 6 8 210 March 4 4 Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1460 March 4 23 1 8 187 April 9 5 Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1483 April 9 0 2 18 187 June 18 3 Ricardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1483 June 22 2 2 5 185 Aug. 22 7 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1485 Aug. 22 23 10 2 162 Apr. 22 8 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae Et Anno 10 Regni Henricus octavus Dei gratia c. Anno 13 Regni fidei Defensor was added Et An. 22 Regni in terra Ecclesiae Anglicanae Hiberniae supremum caput was added Et an reg 34 Rex Hiberniae was added 1059 Apr. 22 37 10 2 124 July 28 6 Edwardus Sextus Dei gratia Angliae Franciae Hiberniae Rex fidei Desensor Et in terra Ecclesiae Anglicanae Hiberniae supremum caput 1546 Ian. 28 6 5 19 117 Iuly 26 Queen Mary summon'd her first Parliament by the same Title but soon after omitted Supremum Caput After She Married King Philip She used Her own and his titles c. 1553 Iuly 26 5 4 22 112 Nov. 17 Elizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei defensor 1558 Nov. 17 44 4 16 68 March 24 Jacobus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1602 Mar. 24 22 8 2 45 March 27 1 Carolus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1625 Mar. 27 23 10 2 22 Ian. 30 2 Carolus Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1648 Ian. 30 Vivat Vivat OGDOSTEICHON TECHNICON Regum Reginarumque Angliae WIl Conq. Will Rufus Henri Steph. Henque secundus Ric. John Henricus tres Edward Rique secundus Post hos regnavit quartus quintus quoque Henri Hen. sextus Edward quartus quintusque Ricardus Tertius Hen. Sept. Oct. Edwardusque Maria Eliz. Jac. Carolus primus CAROLUSQUE SECUNDUS Regnat aeterno vivat praeclarus honore Imperium Oceano famam qui terminet astris A Law-Dictionary Interpreting such difficult Words and obscure Terms as are found either in our Common or Statute Ancient or Modern LAWS A ABactors abactores were stealers of Cattle or Beasts by Herds or great numbers and were distinguished from Fures Nam qui ovem unam surripuerit ut fur coercetur qui gregem ut abactor M. S. Abate from the French abatre or abbatre i. To fell break down or defeat utterly signifies properly to diminish or take away and in our Law-writers it has a like signification For to abate a Castle or Fortlet Old Nat. Br. fol. 45. in Westm 1. cap. 17. is interpreted to beat it down And to abate a Writ is to defeat or overthrow it by some error or exception Britton cap. 48. As he that puts out the Possessor is said to Disseise so he that steps in between the former Possessor and his Heir is said to abate And in the Stat. De conjunctim Feoffatis 34. Edw. 1. The Writ shall be abated that is shall be disabled or overthrown So in Stamfords Pleas of the Crown fol. 148. The Appeal abates by Covin i. The Accusation is defeated by Deceit Anno 11 Hen. 6. cap. 2. The Justices shall cause to be abated and quashed the said Writ See Intrusion Abatement Fr. is sometimes used for the Act of the Abator as the Abatement of the Heir into the Land before he has agreed with the Lord Old Nat. Br. fol. 91. Sometimes for the affection or passing the thing abated as Abatement of the Writ Kitchin fol. 214. And in this signification it is as much as Exceptio dilatoria with the Civilians Brit. cap. 51. or rather an effect of it For the Exception alleaged and made good works the Abatement And this Exception may be taken either to the insufficiency of the Matter or incertainty of the Allegation by misnaming the Plantiff Defendant or place to the variance between the Writ and the Specialty or Record to the incertainty of the Writ Count or Declaration or to the death of either of the parties before Judgment had and for divers other causes Upon which defaults the Defendant may pray That the Writ or Plaint may abate that is the Plaintiffs sute against him may cease for that time To prevent the Abatement of Writs of Error see
from the Fr. Merci i. misericordia signifies the pecuntary punishment of an offender against the King or other Lord in his Court that is found to be in misericordia i. to have offended and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines These as they are taken for punishments are punishments certain which grow expresly from some Statute but Amerciaments are arbitrably imposed by Affeerors See Kitchin fol. 78. and 214. Manwood in his first part of Forest Laws pag. 166. makes another difference as if an Amerciament were a more easie or merciful penalty and a Fine more sharp and grievous Take his words If the Pledges for such a Trespass appear by common Summons and not the Defendant himself then the Pledges shall be imprisoned for the Defendants default But otherwise it is if the Defendant himself appear and be ready in Court before the Lord Justice in Eyre to receive his Judgment and to pay his Fine But if such Pledges make default they shall be Amerced but not Fined The Author of the New Terms of Law saith That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done for which he puts himself upon the mercy of the Lord Who also mentions an Amerciament Royal and defines it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the King by Justices for some offence Ratcliff Baron of the Exchequer 2 Hen. 7. fol. 7. See Misericordia Amortization amortizatio Fr. amortissement Est praediorum translatio in manum mortuam quod tamen sine venia Principis non fiat Jus amortizationis est privilegium seu licentia capiendi in manum mortuam In the Statute De libertatibus perquirendis Anno 27 Edw. 1. the word Amortisement is used See Mortmain Amortize from the Fr. amortir Is to Alien Lands or Tenements to any Corporation Guild or Fraternity and their Successors which cannot be done without Licence of the King and the Lord of the Mannor Anno 15 Rich. 2. cap. 5. See Mortmain and the Statute of Amortizing Lands made tempore Edw. 1. Amoveas manum See Ouster le Main An jour Waste Annus Dies Vastum Look Year Day and Waste Ancorage ancoragium A duty taken of Ships for the Pool of the Haven where they cast Anchor M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port without paying therefore to the Kings Officers appointed by Patent Ancestor antecessor Is well known but we make this difference betwixt that and Predecessor the first is applied to a natural person as I. S. Antecessores sui the other to a Body Politick or Corporate Episcopus Winton Predecessores sui Coke on Littl. Lib. 2. cap. 4. Sect. 103. Ancestrel As Homage Ancestrel i. Homage that hath been done or performed by ones Ancestors See Homage Ancient Fr. ancien In Greys-Inn the Society consists of Benchers Ancients Barrasters and Students under the Bar where the Ancients are of the more Ancient Barrasters In the Inns of Chancery there are onely Ancients and Students or Clerks and among the Ancients one is yearly the Principal or Treasurer In the Middle-Temple Ancients are such as are past their Reading and never read Ancient demean or demain vetus Patrimonium Domini Is a certain Tenure whereby all the Mannors belonging to the Crown in the days of Saint Edward or William the Conqueror were held The number and names of which Mannors as of all other belonging to common persons after a Survey made of them he caused to be written in a Book now remaining in the Exchequer and called Dooms-day And those which by that Book appear to have at that time belonged to the Crown and are contained under the Title Terra Regis are called Ancient Demesn Kitchin fol. 98. Of these Tenants there were two sorts one that held their Land frankly by Charter the other by Copy of Court-Roll or by Verge at the Will of the Lord according to the Custom of the Mannor Britton cap. 66. numb 8. The benefit of this Tenure consists in these Points 1. The Tenants holding by Charter cannot be impleaded out of their Mannor or if they be they may abate the Writ by Pleading their Tenure before or after answer made 2. They are free of Toll for all things concerning their Sustenance and Husbandry 3. They may not be empannelled upon any Enquest See more in Fitz. Nat. Br. fol. 14. d. fol. 228 c. By whom it appears these Tenants held originally by Ploughing the Kings Land plashing his Hedges or such like towards the maintenance of his Houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have Writs to such as take the Duties of Toll as likewise for Immunity of Portage Passage or such like No Lands ought to be accounted Ancient Demesn but such as are held in Soccage See Monstraverunt and Demain Ancienty Fr. anciennete i. ancientnes In the Statute of Ireland 14 Hen. 3. is used for Eldership or Seniority As The Eldest Sister can demand no more then her other Sisters but the chief Mease by reason of her Ancienty Andena A swath in Mowing See Dole Annats annates Are all one with First-fruits Anno 25 Hen. 8. cap. 20. The reason is because the rate of First-fruits paid of Spiritual Livings is after one years profit Annates more suo appellant primos fructus unius anni sacerdotii vacantis aut dimidiam eorum partem says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note Annates Primitiae and First-fruits are all one Cokes 12. Rep. fol. 45. See First-fruits Anniented from the Fr. aneantir i. To make void signifies as much as frustrated or brought to nothing Littleton lib. 3. cap. Warranty Anniversary days dies anniversarii Were of old those days wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church or the days whereon at every years end Men were wont to pray for the Souls of their deceased Friends according to the continued custom of Roman Catholicks mentioned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons as you may see in Lib. Rames Sect. 134. Annua pensione Is a Writ now difused whereby the King having an Annual Pension due to Him from an Abbor or Prior for any of His Chaplains whom He should think good to nominate being as yet unprovided of suffiliving demands the same of the said Abbot or Prior and also wills him for His Chaplains better assurance to give him His Letters Patent for the same Register of Writs fol. 265 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this in respect of their Foundation or Creation Anno Domini Is the computation of time from the
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders 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 Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse
Wriothesley fol. 195. and Terms Ley verbo Farm Fermisona The Winter season of Deer as Tempus Pinguedinis is the Summer season Quod idem Hugo haeredes sui de caetero quolibet anno possunt capere in praedicto Parco de Blore unam damam in Fermisona inter Festum Sancti Martini Purif Beatae Mariae unum damum in Pinguedine inter Festum Sanctae Crucis in Mayo Festum S. Crucis in Septembr imperpetuum Ita quod qualemcunque bestiam tempore Pinguedinis vel Fermisonae bersaverint vel cum praedictis canibus ceperint illa bestia cis remanebit si sit in Fermisona allocabitur cis pro dama si sit in Pinguedine allocabitur cis pro dama c. Fin. Concor in Guria Dom. Regis apud Litchfield coram Roger de Turkilby c. inter Hugonem de Acovre quer Wil. de Aldeleley Defore Penes Williel Dugdale Arm. See Tempus Pinguedinis Rex dilecto Ric. Cassel custodi Manerii de Brustwyk salutem Cum mittamus dilectum valettum nostrum Johannem de Fulham ad instantem Fermisonam in Pareis nostris ibidem prout vobis sibi melius ad opus nostrum fore videritis faciend capiend Vbbis mandamus c. Claus 30 Edw. 1. m. 18. Ferrure Fr. The Shooing of Horses See Bouche of Court. Festingmen Ut illud Monasterium sc de Breodun sit liberatum ab illis incommodis quae nos Saxonica lingua Festingmen dicimus Certa Berhtuulfi Regis Merciorum In Mon. Angl. 1. par fol. 123. a The Saxon festenmon signifies Fidejussor a surety So that by this Charter probably they were to be free from the Franck-pledge and not bound for any Mans forth-coming who should transgress the Law Feud or Féed Feida alias Faida Signifies in the German tongue Guerram i. Bellum Lambert writes it Féeth and says it signifies Capitales inimicitias Feud is used in Scotland and the North of England for a Combination of Kinred to revenge the death of any of their Blood against the killer and all his race or any other great enemy See Skene verbo Affidatio and 43 Eliz. cap. 13. Feudal See Feodal Feudary See Feudary Feud-bote Sax. foehthbote A recompence for engaging in a Feud or Faction and for the damages consequent It having been the custom of ancient times for all the Kinred to engage in their Kinsmans quarrel according to that of Tacitus de Moribus German Suscipere tam inimicitias seu patris seu propinqui quam amicitias necesse est Sax. Dict. Fictale Fildale and Filckale Bract. lib. 3. fol. 117. A kinde of Compotation or Entertainment made by Bailiffs to those of their Hundreds for their gain or according to Sir Edw. Cokes 4. Instit fol. 307. an Extortion Colore compotationis See Scotale Fieri facias Is a Writ Judicial that lies at all times within the year and day for him that hath recovered in an Action of Debt or Damages to the Sheriff to command him to levy the Debt or Damages of his Goods against whom the Recovery was had This Writ had beginning from Westm 2. cap. 18. See Old Nat. Br. fol. 152. And great diversity thereof in the Table of Regist Judic verbo Fieri facias Fiftéenth Decima quinta Is a Tribute or Imposition of Money laid upon any City Borough or other Town through the Realm not by the Poll or upon this or that Man but in general upon the whole City or Town and is so called because it amounts to a Fifteenth part of that which the City hath been valued at of old or to a Fifteenth part of every Mans Goods and Personal Estate according to a reasonable valuation This is imposed by Parliament and every Town through the Realm knows what a Fifteenth for themselves amounts unto because it is always the same Whereas the Subsidy which is raised of every particular Mans Lands or Goods must needs be incertain because every Mans Estate is incertain And in that regard the Fifteenth seems to have been a Rate anciently laid upon every Town according to the Land or Circuit belonging to it whereof Camden mentions many in his Britan. viz. pag. 171. Bath geldabat pro viginti hidis quando schira geldabat and pag. 181. Old Sarum pro quinquaginta hidis geldabat c. Which Rates were according to Domesday So that this seemed in old time to be a yearly tribute in certainty whereas now though the Rate be certain yet it is not levied but by Parliament See Tax and Quinsieme Fightwite Sax. Mulcta ob commissam pugnam in perturbationem pacis In exercitu Regis 120 Sol. luebatur Fightwita i. Forisfactura pugnae M. S. Codex Filazer from the Fr. Fil a Thred Line or String Is an Officer in the Court of Common Pleas so called because he Files those Writs whereon he makes out Writs or Process whereof there are fourteen in their several Divisions and Counties They make out all Writs and Process upon Original Writs issuing out of the Chancery as well Real as Personal and mixt returnable in that Court. And in Actions meerly personal where the Defendants are returned summoned make out Pones or Attachments which being returned and executed if the Defendant appears not they make out a Distringas and so Ad infinitum or until he doth appear If he be returned nihil then Process of Capias infinite if the Plaintiff will or after the third Capias the Plaintiff may proceed to Utlary in the County where his original is grounded and have an Exigent with Proclamation Also the Filazers make forth all Writs of View in Real Actions where the View is prayed and upon Replevins or Recordares Writs of Retorno habendo Second Deliverance and Writs of Withernam in Real Actions Writs of Grand and Petit Cape before appearance They enter all Appearances and Special Bails upon any Process made by them They make the first Scire Facias upon Special Bails Writs of Habeas Corpus Distringas Nuper Vice-comitem vel Balivum and Duces tecum and all Supersedeas upon Special Bail or Appearance c. Writs of Habeas Corpus cum Causa upon the Sheriffs Return that the Defendant is detained with other Actions Writs of Adjournment of a Term in case of Pestilence War or Publick Disturbance and until an Order of that Court made 14 Jac. which limited the Filazers to all matters and proceedings before Appearance and the Prothonotaries to all after did enter Declarations Imparlances Judgments and Pleas whereunto a Serjeants hand was not requisite and made out Writs of Execution and divers other Judicial Writs after Appearance And in the Kings Bench of later times there have been Filazers who make Process upon Original Writs returnable in that Court upon Actions Contra Pacem The Filazers of the Common Pleas having been Officers of that Court before the Statute of 10 Hen. 6. cap. 4. wherein they are mentioned F. P. Filiolus Is properly a little Son also a Godson
Nativis jam supra Villani sunt qui glebae ascripti villam colunt Dominicam nec exire licet sine Domini licentia Spelm. Vide Chart. Rich. 2. qua omnes manumittit a Bondagio in Com. Hertford Walsingham pag. 254. Quod si aliquis Nativus alicujus in praefato Burgo manserit terram in eo tenuerit fuerit in praedicta Gilda Hansa Loth Scoth cum eisdem Burgensibus nostriâ— per unum ann um unum diem sine calumpnia deinceps non possit repeti a Domino suo ut in eodem Burgo liber permaneat Carta Hen. 3. Burgensibus Mungumery Nativè tenentes Sunt ipsi etiam liberi qui terram tenent Nativam Hoc est Nativorum servitiis obnoxiam Spel. Naturalization Naturalizatio Is when an Alien born is made the Kings Natural Subject See Denizen Ne Admittas Is a Writ that lieth for the Plaintiff in a Quare Impedit or him that hath an Action of ' Darein Presentment depending in the Common Bench and fears the Bishop will admit the Clerk of the Defendant during the Sute between them which Writ must be sued within six Moneths after the avoidance because after the six Moneths the Bishop may present by Lapse Reg. of Writs fol. 31. Fitz. Nat. Br. fol. 37. Neat-land Sax. Terra Villanorum Land let or granted out to the Yeomanry Ex Vet. Charta Negative Pregnant Negativa Praegnans Is a Negative which implies or brings forth an Affirmative as if a Man being impleaded to have done a thing on such a day or in such a place denies that he did it Modo forma declarata which implies nevertheless that in some sort he did it Or if a Man be impleaded for having alienated Land in Fee c. he denies that he hath alienated in Fee this is a Negative which includes an Affirmative for it may be he hath made an Estate in Tayl. Dyer fol. 17. num 95. And see Brook hoc tit Neif Fr. Naif i. Naturalis Nativa Signifies a Bond-woman a she villain Mentioned Anno 9 Rich. 2. cap. 2. See Nativus Anciently when a Lord made his Bond-woman free he gave her this kinde of Manumission Sciant praesentes futuri quod ego Radulphus de Crombewel Miles Senior Dominus de Lambeley dedi Domino Roberto Vicario de Dedeling Beatricem filiam Willielmi Hervy de Lambeley quondam Nativam Meam cum tota sequela sua cum omnibus catallis suis perquisitis perquirendis Habend Tenend predictam Beatricem cum tota sequela sua omnibus catallis suis omnibus rebus suis perquisitis perquirendis praedicto Domino Roberto vel suis assignatis liberè quietè benè in pace imperpetuum Ita quod nec ego praedictus Radulphus heredes mei sive assignati mei aliquòd juris vel clamii in predicta Beatrice vel in catallis suis sive in sequela sua ratione servitutis vel nativitatis de caetero exigere vel vendicare poterimus sed quieta sit absoluta de me haeredibus meis seu assignatis meis ab omni onere servitutis nativitatis imperpetuum In cujus â—iis testibus Dat. apud Lambeley in die Sancti Laurentii Martyris Anno 13 Edw. 3. See Manumission Writ of Neifty Was an ancient Writ now out of use whereby the Lord claimed such a Woman for his Neif wherein but two Neifs could be put Ne injuste vexes Is a Writ that lies for Tenant who is distreined by his Lord for other Services then he ought to make and is a prohibition to the Lord in it self commanding him not to distrain The special use of it is where the Tenant has formerly prejudiced himself by performing more Services or paying more Rent without constraint then he needed For in this case by reason of the Lords seisin he cannot avoid him in Avowry and therefore is driven to this Writ as his next remedy Reg. of Writs fo 4. Fitz. Nat. Br. fol. 10. Nesse Anno 4 Hen. 7. ca. 21. Seâ—ems to be the proper name of Orford Haven in Suffolk Ne vicecomes Colore mandati Regis quenquam amoveat a possessione Ecclesiae minus juste Reg. of Writs fo 61. Nient comprise Is an exception taken to a petition as unjust because the thing desired is not conteined in that Act or Deed whereon the Petition is grounded For example one desires of the Court to be put in possession of a House formerly among other Lands c. adjudged to him The adverse party pleads that this petition is not to be granted because though the Petitioner had a judgment for certain Lands and Houses yet this House is not comprised among those for which he had Judgment New Book of Entries tit Nient comprise Niâ—â—e Anno 3 Edw. 4. ca. 5. Both Cowel and Spelman have it without any explication I suppose it a corruption from nihil and to signifie a Toy or thing of no value Nihils or Nichils Anno 5 Rich. 2. Stat. 1. ca. 3. and 27 Eliz. ca. 3. Are Issues which the Sheriff that is apposed says Are Nothing worth and illeviable for the insufficiency of the parties that should pay them Practice of the Exchequer pa. 101. Accompts of Nihil shall be put out of the Exchequer Anno 5 Rich. 2. Stat. 2. ca. 13. Nihil dicit Is a failing to put in Answer to the Plaintiffs Plea by the day assign'd which if a Man do omit Judgment passeth against him as saying nothing why it should not Nihil capiat per breve Is the Judgment given against the Plaintiff either in barr of his Action or in abatement of his Writ Coke on Litt. fo 363. Nisi prius Is a Writ Judicial which lies in case where the Enquest is panelled and returned before the Justices of the Bank the one party or the other desiring to have this Writ for the ease of the Country whereby the Sheriff is willed to bring the men empanel'd to Westminster at a certain day or before the Justices of the next Assises Nisi die lunae apud talem locum prius venerint c. See the form of it in Old Nat. Br. fo 159. and see the Statute 14 Edw. 3. ca. 15. and that of York 12 Edw. 2. and West 2. ca. 30. See Justices of nisi prius and 4 Inst fo 161. Noctes Noctem de firma We often meet in Domesday with tot Noctes de firma or firma tot Noctium which is to be understood of meat and drink or entertainment for so many nights Nobility Nobilitas With us compriseth all Dignities above a Knight so that a Baron is the lowest degree of it Smyth de Repub. Angl. lib. 1. ca. 17. v. Coke lib. 9. Count of Salops Case Nocumento See Nusance Nomination Nominatio Is taken for a power that a Man by vertue of a Mannor or otherwise hath to appoint a Clerk to a Patron of a Benefice by him to be presented to the Ordinary Non-ability Is
Substantive as Action or Exception signifies a Final and Determinate Act without hope of renewing or altering So Fitzherbert calls a Peremptory Action Nat. Br. fol. 35. 38. And Nonsute Peremptory fol. 5. A Peremptory Exception Bracton lib. 4. cap. 20. Smith de Repub. Angl. calls that a Peremptory Exception which maketh the State and Issue in a Cause Perinde valere Is a Dispensation granted to a Clerk who being defective in his capacity to a Benefice or other Ecclesiastical Function is De Facto admitted to it And it takes appellation from the words which make the faculty as effectual to the party dispensed with as if he had been actually capable of the thing for which he is dispensed with at the time of his admission Anno 25 Hen. 8. cap. 21. it is called a Writ Perjury Perjurium Est mendacium cum juramento firmatum Is a crime committed when a lawful Oath is ministred by any that hath authority to any person in any Judicial proceeding who sweareth absolutely and falsly in a matter material to the Issue or Cause in question by their own act or by the subornation of others And if a Man call me Perjur'd Man I may have my Action upon the Case because it must be intended contrary to my Oath in a Judicial proceeding but for calling me a Forsworn Man no Action lies because the forswearing may be Extra judicial Cokes Inst 3 Part. fol. 163. 23 Hen. 8. cap. 3. Excepted out of the Act of General Pardon 12 Car. 2. cap. 8. How punished in Wales Anno 26 Hen. 8. cap. 4. And 5 Eliz. cap. 9. Per my per tout A Joynt-tenant is said to be seised of the Land he holds joyntly Per my per tout i. He is seised by every parcel and by the whole Littl. sect 288. Totum tenet nihil tenet sc totum conjunctim nihil per se separatim Bract. lib. 5. 430. Permutatione Archiodecanatus Ecclesiae eidem annexae cum Ecclesia et Prebenda Is a Writ to an Ordinary commanding him to admit a Clerk to a Benefice upon exchange made with another Reg. of Writs fol. 307. Pernor of Profits From the Fr. Preneur a Taker or Receiver Is he that takes or receives the Profits Anno 1 Hen. 7. cap. 1. Pernour de profits cesti que use is all one Coke lib. 1. Casu Chudley fol. 123. See the Statute 21 Rich. 2. cap. 15. And Coke on Littl. fol. 589. b. Pernancy from the Fr. Prendre to take A taking or receiving Tithes in Pernancy i. Tithes taken or that may be taken in kinde Per quae servitia Is a Writ Judicial issuing from the Note of a Fine and lies for the Cognizee of a Mannor Seigniory Cheif Rent or other Services to compel him that is Tenant of the Land at the time of the Note of the Fine levied to atturn to him West part 2. Symbol tit Fines sect 126. See the New Book of Entries Perquisite Perquisitum Signifies any thing gained by ones own industry or purchased with ones own Money contradistinguished from that which descends to one from Father or other Ancestor as Perquisitum facere in Bracton lib. 2. cap. 30. num 3. Perquisites of Court Are those profits that arise to the Lord of a Mannor by vertue of his Court Baron over and above the certain and yearly profits of his Land as Fines of Copiholds Hariots Amerciaments Waiffs Estrayes c. Perkins fol. 20. 21. Personable Personabilis Signifies as much as inabled to hold or maintain Plea in a Court As the Demandant was judged Personably to maintain this Action Old Nat. Br. fol. 142. And in Kitchin fol. 214. The Tenant pleaded that the Wife was an alien born in Portugal without the ligeance of the King and Judgment was asked Whether she should be answered The Plaintiff saith she was made Personable by Parliament that is as the Civilians would speak it Habere personam standi in judicio Personable is also as much as to be of capacity to take any thing granted or given Plowden Casu Colthirst fol. 27. b. Personal Personalis Being joyned with things Goods or Chattels as Things personal Goods personal Chattels personal signifies any moveable thing belonging to any Man be it quick or dead So it is used in West par 2. Symbol tit Indictments sect 58. in these words Theft is an unlawful Felonious taking away another Mans moveable personal Goods And Stamf. Pl. Cor. fol. 25. Contrectatio rei alienae is to be understood of things personal for in things real it is not felony as the cutting a Tree is not Felony See Chattels Personal Tithes Are Tithes paid of such Profits as come by the Labor and Industry of a Mans person as by buying and selling gains of Merchandise and Handicrafts men c. See Tithes Personalty Personalitas Is an abstract of Personal The Action is in the Personalty Old Nat. Br. fol. 92. That is brought against the right person or the person against whom in Law it lieth Persons ne Praebendaries ne seront charges as Quinsimes c. Is a Writ that lies for Prebendaries or other Spiritual Persons being distrained by the Sheriff or Collectors of Fifteenths for the Fifteenth of their Goods or to be contributory to Taxes Fitz. Nat. Br. fol. 1. 76. Perticata terrae Is the fourth part of an Acre Continet in integra superficie 40 Perticas See Perch Perticulas The King granted to Luke Macgnin de Insula de Man Scholari quandam Eleemosinam vocatam Perticulas ad sustentationem cujusdam pauperis Scholaris de Insula praedicta ad exercend Scholas per Progenitores nostros quondam Reges Angliae datam concessam Pat. 5 Hen. 4. m. 16. Pertinens Was anciently used Pro cognato vel consanguineo Si quis cum pertinente sua jaceat emendet hoc secundum cognationis modum sit wera sit wita sit omni pecunia LL. Canuti MS. ca. 48. Pervise or Parvise Pervisus Parvisia non a parvus adiect sed a Gal. le parvis Sed tunc placitantes i. Post meridiem Se devertunt ad Pervisum alibi consulentes cum Servientibus ad legem aliis Consiliariis suis Fortescu de laudibus LL. Angl. ca. 51. pa. 124. of which thus Chaucer Prolog 9. A Serjeant at Law ware and wise That often had been at the Parvise Nam ibi Legis-periti convenere ut Clientibus occurrerent non ad tyrocinia Juris quas Motas vocant exercenda sayes Spelman Selden in his Notes on Fortescu pa. 56. sayes It signifies an afternoons Exercise or Moot for the instruction of young Students bearing the same name originally with the Parvisiae in Oxford Mr. Somner sayes Pervise signifies Palatii atrium vel area illa a fronte Aulae Westm hodie the Palace-yard vulgo nuncupata See his Gloss in x. Scriptores verbo Triforium Pes forestae Notandum est quod Pes Forestae usitatus tempore Ric. Oysell in arrentatione vastorum factus est
le mesme the Defence is good See Kitchin in Cha. Que est le mesme fo 236. Que estate Signifies verbatim which estate or the same Estate and is a Plea whereby a man entituling another to Land c. saith that the same estate himself had he has from him For example in a Quare impedit the Plaintiff alleageth that such four persons were seized of Lands whereunto the Advowson in question was appendant in Fee and did present to the Church and afterwards the Church was void que estate that is which estate of the four persons he has now during the vacation by vertue whereof he presented c. Broke tit que estate fo 175. and see Coke on Litt. fo 121. Queen Regina Is either she that holds the Crown of this Realm by right of Blood or she that is Marryed to the King which last is called Queen Consort In the former signification she is in all construction the same that the King is and has the same power in all respects In the later she is inferior and a person exempt from the King for she may sue and be sued in her own name yet what she hath is the Kings and what she loseth the King loseth Stamf. Praerog ca. 2. fo 10. and Coke lib. 4. Copyhold-Cases fo 23. b. Queen gold Aurum Reginae Is a Royal Duty or Revenue belonging to every Queen Consort during her Marriage to the King of England both by Law Custom and Praescription payable by sundry persons in England and Ireland upon divers Grants of the King by way of Fine or Oblation amounting to ten Markes or upwards to wit one full tenth part above the entire Fine as Ten pounds for every Hundred pounds Fine upon Pardons Contracts or Agreements which becomes a real debt and duty to the Queen by the name of Aurum Reginae upon the Parties bare agreement with the King for his Fine and recording it without any promise or contract for this tenth part exceeding it Lib. Nig. Scac. pa. 43. 44. Cokes 12. Rep. fo 21. 22. and Mr. Pryns Tractate on this Subject per tot Quein redditum reddat Is a Writ Judicial lying for him to whom a Rent-Seck or Rent-Charge is granted by Fine levied in the Kings Court against the Tenant of the Land that refuseth to atturn to him thereby to cause him to atturn Old Nat. Br. fo 156. Querela frescae fortiae Is a Writ See Freshforce Querela coram Rege Consilio c. Is a Writ whereby one is called to justifie a complaint of a Trespass made to the King himself before the King and his Counsel Reg. of Writs fo 124. Questus est nobis c. Is the form of a Writ of Nusance which by the Stat. Anno 13 Ed. 1. ca. 24 lies against him to whom the House or other thing that breeds the Nusance is alienated whereas before the Statute this Action lay onely against him that first levied or caused the Nusance to the damage of his Neighbor Quia improvide Seems to be a Supersedeas granted in the behalf of a Clerk of the Chancery sued against the priviledge of that Court in the Common-Pleas and pursued to the Exigend or in many other cases where a Writ is erroneously sued out or misawarded See Dyer fo 33. n. 18. Quid juris clamat Is a Writ Judicial issuing out of the Record of a Fine which remains with the Custos Brevium of the Common-Pleas before it be engrossed for after it cannot be had and it lies for the Grantee of a reversion or remainder when the particular Tenant will not atturn West par 2. Symbol tit Fines Sect. 118. See New Book of Entries on this Writ Quid pro quo Is an artificial Speech signifying as much as the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Civilians which is a mutual performance of both parties to a Contract or a giving one thing for another as 10 l. for a Horse Kitchin fo 184. Quietancia sectae Hundredi Wichmote Per haec verba Johannes Stanley Ar. clamat quod ipse tenentes sui non teneantur venire ad Curiam istam Pl. in Itin. apud Cestriam 14 Hen. 7. See Acquietancia Quietancia Assisarum super Assisam Per haec verba Johannes Stanley clamat quod ipse tenentes residentes sui non ponantur in Assisis jurat nec magnis Assisis Plac. ut supra Quietus i. Freed or acquitted Is a word used by the Clerk of the Pipe and Auditors in the Exchequer in their Acquittances or Discharges given to Accountants usually concluding with abinde recessit quietus which is called a Quietus est and is mentioned in the Act of general Pardon 12 Car. 2. ca. 11. and 14 Car. 2. ca. 21. A Quietus est granted to the Sheriff shall discharge him of all accounts due to the King Anno 21 Jac. ca. 5. Quinquagesima Sunday Is that we call Shrove-Sunday and is so called because it is about the fiftieth day before Easter of which you may read in Durandi Rationali Divinorum cap. de Quinquagesima and mentioned in Briton and other ancient Law-writers Quinque portus The Cinque-ports which are 1. Hastings 2. Romene 3. Hethe 4. Dover and 5. Sandwich To the first Winchelsea and Rye belong which are reckoned as part or members of the Cinque-ports Servitium quod Barones Quinque Portuum praescriptorum recognoscunt facere ad summonitionem Regis per annum si contigerit per 15 dies ad custum eorum proprium ita quod primus dies computatur a die quo vela navium erexerunt usque partes ad quas n dere debent vel ulterius quamdiu Rex voluerit ad custum ejus See Cinque Ports Quinsieme or Quinzime Decima quinta Is a French word signifying a Fifteenth with us it is a Tax so called because it is raised after the Fifteenth part of Mens Lands or Goods Anno 10 Rich. 2. cap. 1. and 7 Hen. 7. cap. 5. See Fifteenth and Tax It is well known by the Exchequer Roll what every Town throughout England is to pay for a Fifteenth Sometime this word Quinsieme or Quinzime is used for the fifteenth day after any Feast as the Quinzime of S. John Baptist Anno 13 Ed. 1. in the Preamble Quintane Quintana Fr. Quintaine Bersant A kinde of exercise tkat young Men did and still do use in some parts of this Nation especially Shropshire by breaking Poles on Horse-back against a strong Plank or Butteress set up in the High-way most used at marriages What it was anciently Matthew Paris thus delivers Eo tempore juvenes Londini statuto Pavone pro bravio ad stadium quod Quintana vulgariter dicitur vires proprias equorum cursus sunt experti In Hen. 3 sub initio Anni 1253. Quint-exact Anno 31 Eliz. cap. 3. Quinto exactus Is the last Call of a Defendant who is sued to the Outlary when if he appear not he is by the judgment of the Coroners returned outlawed
Rege Niger lib. Scaccarii The Form of his Oath see in the Reg. of Writs fol. 331. b. Shirif-tooth Pèr Shiriftooth Johannes Stanley Ar. clamat habere de quolibet tenente infra feodum de Aldford unum denarium quadrantem per annum exceptis Dominicis terris propriis terrae in feodo Manerio praedicto Maner Hundred de Macclesfeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Shiréebe weke of Winchester and of Esser the compass or extent of a Sheriffs authority Anno 21 Rich. 2. cap. 10. 11. Sherifwikes Anno 13 Eliz. cap. 22. Shirifalty Anno 14 Car. 2. cap. 21. The time of ones being Sheriff Shire Clerk Seems to be the Under-Sheriff Anno 11 Hen. 7. cap. 15. Sometimes taken for a Clerk in the County Court Deputy to the Under-Sheriff See Cokes Rep. lib. 4. Mittons Case Shire-mote See Shire and Turn Shop Shopa Omnibus Johannes Horsenet de Hereford Bochour salutem Noveritis me praefatum Johannem dedisse c. Rogero Smyth de Bromeyard imam Shopam cum pertin suis in Bromeyard praedict scituat in le Market-place ibidem c. Dat. 27 Febr. 9 Edw. 4. See Selda Shorling and Morling Seem to be words to distinguish Fells of Sheep Shorling signifying the Fells after the Fleeces are shorn off the Sheeps back and Morling alias Mortling the Fells flean off after they die or are killed Anno 3 Edw. 4. cap. 1. and 4 Ejusdem cap. 3. Howbeit in some parts of England they understand by a Shorling a Sheep whose Fleece is shorn off and by a Mortling a Sheep that dies See Morling Sich Sichetum Sikettus A little Current of Water which is dry in the Summer Inter duos Sikettos quorum unus cadit inter Mon. Angl. 2 par fol. 426. b. Also a Water-Furrow or Gutter accordingly in Worcestershire I know a Moorish Ground called Blacksich Sicut alias Is a Writ sent out in the second place where the first was not executed Coke lib. 4. fol. 55. b. It is so called of these words expressed in it As Carolus Dei gratia c. Vicecomiti Heref. salutem Praecipimus tibi sicut alias praecipimus quod non omittas propter aliquam libertatem in Balliva tua quin eam ingrediaris capias A. B. de C. in Comitatu tuo gen c. Lambert in this Tract of Processes in the end of his Eiren. Sidemen alias Questmen Are those that are yearly chosen according to the Custom of every Parish to assist the Church-wardens in the Enquiry and presenting such offenders to the Ordinary as are punishable in the Court Christian Sigillum Notum sit omnibus Christianis quod ego Johannes de Gresley non habui potestatem Sigilli mei per unum annum integrum ultimo praeteritum jam notifico in bona memoria sana mente quod scripta Sigillo meo contradico denego in omnibus a tempore praedicto usque in diem restaurationis Sigilli praedicti In cujus rei testimonium Sigillum Decanatus de Repingdon apposui Testibus Domino Thoma Stafford Milite Johanne Arden c. Dat. apud Drakelew 18 Rich 2. See Seal and Tabellion Significabit Is a Writ which issues out of the Chancery upon a Certificat given by the Ordinary of a Man that stands obstinately excommunicate by the space of forty days for the laying him up in prison without Bail or Mainprise until he submit himself to the authority of the Church And it is so called because significavit is an emphatical word in the Writ There is also another Writ of this name in the Register of Writs fol. 7. a. directed to the Justices of the Bench willing them to stay any sute depending between such and such by reason of an Excommunication alleaged against the Plaintiff because the sentence of the Ordinary that did excommunicate him is appealed from and the Appeal yet depends undecided See Fitz. Nat. Br. De Excommunicato capiendo fol. 62. 66. A. where you may finde Writs of this name in other Cases Signet Signet Is one of the Kings Seals wherewith His Private Letters are sealed and is always in the Custody of the Kings Secretaries And there are four Clerks of the Signet Office attending them 2 Inst fol. 556. Silk-thrower or Throwster Anno 14 Car. 2. cap. 15. Is a Trade or Mystery that winds twists and spins or throws silk thereby fitting it for use who are incorporated by the said Act Wherein there is also mention of Silk-winders and Doublers which are Members of the same Trade Anno 20 Car. 2. cap. 6. Silva Cedua See Sylva Caedua Simnel Siminellus vel Symnellus Panis purior sic dictus quod a simila hoc est puriori farinae parte efficitur Panis similagineus Simnel-bread It is mentioned in Assisa Panis and is still in use especially in Lent Bread made into a Simnel shall weigh two shillings less then Wastel bread Stat. 51 H. 3. see Cocket Simony Simonia Venditio rei sacrae a Simone Mago dicta It was agreed by all the Justices Trin. 8. Jac. That if the Patron present any person to a Benefice with Cure for Mony That such Presentation c. is void though the Presentee were not privy to it and the Statute gives the presentation to the King Cokes 12 Rep. fo 74. Simony may be by compact betwixt strangers without the privity of the Incumbent or Patron Croke 1 Part fo 331. Bawderokes Case Hob. Rep. fo 165. Noys Rep. fo 22. Pascals Case 3 Inst fo 153. Simplex Carta simplex A Deed-Poll or single Deed Ricardus Mayhen de Sutton per Cartam simplicem huic indenturae indentatam dedit c. Dat. 22 Edw. 3. Sine assensu Capituli Is a Writ that lies where a Dean Bishop Prebendary Abbot Prior or Master of Hospital aliens the Land held in the right of his House without the consent of the Chapter Covent or Fraternity In which case his Successor shall have this Writ Fitz. Nat. Br. fo 195. Sine die i. Without day When Judgment is given against the Plaintiff he is said to be In misericordia pro falso clamore suo eat inde sine die i. He is dismissed the Court. Si non omnes Is a Writ of association whereby if all in Commission cannot meet at the day assign'd it is permitted that two or more of them may finish the business See Association and Fitz. Nat. Br. fo 185. 111 c. Si recognoscant Is a Writ that lies for a Creditor against his Debtor who has before the Sheriff in the County-Court acknowledged himself to owe his Creditor such a summ received of him in pecuniis numeratis The form of which Writ is this Rex vicecom salutem Praecip tibi quod si A. recognoscat se debere R. 40 solidos sine ulteriori dilatione tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum Teste c. Old Nat. Br. fo 68. Site or