feudale beneficium adeptus est quasi qui in vassi fide et clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is divided into Homologum et non homologum Homologus is he that sweareth service with exception of a higher Lord and non homologus is he that sweareth without exception all one with Ligeus And the same Author verb. Vassallus saith that it is vassallus quosi bassallus id est inferior socâ—us From the French bas i. humilis dimissus and the Dutch word gesel i. sccius his reason is because the vassal is inferiour to his Master and must serve and reverence him and yet he is in manner his companion because each of them is obliged one to the other He saith farther out of Cujaceus lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a little after he saith thus In the laws of the Feuds vassallus is called fidelis quia fidelit atem jurat Amongst vassals the first place of dignity is given to them that are Duces Marchiones Comites and are called Capitanei Regni The second is granted to Barons and others of like estate and are called Valvasores Majores The third to them who are called Gentlemen or Nobles holding of Barons which also may have under them vassals that be Gentlemen And such vassals holding in chief of Barons are called Valvasores Minores And they which hold of Gentlemen are called Vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called Subvassores Thus sar Master Skene Vasto is a writ that lyeth for the heir against the Tenent for term of life or of years for making waste or for him in the Reversion or Remainder Fitzh nat br fol. 55. Regist orig fol. 72 76. and Regist. Judicial fol. 17.21 23 69. v. anno 6 Edw. pri cap. 5. Vavasour vavasor alià s valvasor is one that in dignity is next unto Baron Cambden Britan. pag. 109. Bracton lib. prim cap. 8. saith thus of this kind of men Sunt alii potentes sub rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magne dignitatis Vavasor enim nibil melius dici poterit quà m vas sortitum ad valetudinem Jacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them Valvasores and giveth this reason of it Quia assident valvae i. portae domini in festis in quibus consueverunt homines curtizare eis reverentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Brâ—tan pag. 108. hath these words of them Primis etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores majores si illis qui de feudis cribunt oredimus iidâ—m fuerunt Barones VE Vendiâ—soni expoâ—as is a writ ludicial directed to the under-Sheriff commanding him to sell goods that he hath formerly by commandement taken into his hands for the satisfying of a judgement given into the Kings Court Register judscial fol. 33. b. Venire facias is a writ judicial and goeth out of the record lying where two parties plead and come to issue sc upon the saying of the Country For then the party Plaintiff or Defendant shall have this writ directed to the Sheriff that he cause to come twelve lawfull men of the same Country to say the truth upon the sayd issue taken And if the Enquest come not at the day of this writ returned then shall go a Habcas corpora and after a Distress untill they come Old nar br fol. 157. See how diversly this writ is used in the table of the Registor judicial There is also a writ of this name that is original as appeareth in the Register orig fol. 200. b. which M. Lamberd in his Processes annexed to his Eirenarcha saith to be the common Processe upon any presentment not being felony nor especially appointed for the fault presented by Statute Wherof he setteth down an example in the same place See also the new book of Entries verbo Enquest fol. 253. columma 1 2 3. Venire sacias tot matronas See Ventre inspiciendo See Lamb. Eirenarcha li. 4. ca. 14. pa. 532. Venew vicinetum is taken for a neighbour or near place As for example twelve of the Assize ought to be of the same Venew where the demand is made Old nat br fol. 115. and in the statute anno 4 H. 4. cap. 26. anno 25 H. 8. cap. 6. I find these words And also shall return in every such panell upon the venire facias six sufficient Hundreders at the least if there be so many within the hundred where the Venew lyeth Ventre inspiciendo is a writ for the search of a woman that saith she is with child and thereby with-holdeth land from him that is the next heir at the common law Register original fol. 227. a. Verdour viridarius commeth of the French verdeur i. Saltuarius vel custos nemoris he is as M. Manwood parte pri of his Forest laws pag. 332. defineth him a Iudicial Officer of the Kings forest chosen by the King in the full County of the same Shire within the Forest where he doth dwell and is sworn to maintain and keep the Assises of the Forest and also to view receive and and inroll the Attachments and presentments of all manner of Trespasses of the Forest of vert and venison And the same Author upon the first article of Canutus Charter in the beginning of the same part saith that these in the Saxons times were called Paegened being four in number and they chief men of the Forest as then they were Their Fee was in Canutus time each of them every year of the Kings allowance two horses one of them with a saddle another of them without a saddle one Sword fiue Iavelings one Spear one Shield and ten pounds in mony These four as appeareth by the said Charter num 11. had regalem potestatem and might proceed to a three-fold judgement And if any man offered them or any of them violence if he were a free man he should lose his freedome and all that he had if a villein he should lose his right hand And all the Officers of the Forest were to be corrected and punished by them Ibidem num 10. The Verdour is made by the Kings writ Cromptons jurisd fol. 165. the form of which writ you have in Fitzh nat brev fol. 164. which is directed to the Sheriff for the choise of him in a full County by the assent of the said County Yet if a Verdour be suddenly sick or dead at the time of the Iustice seat a new may be chosen without a writ Manwood parte prim pag.
5. where he saith that in case a Writ of right be brought and the seisin of the Demandant or his Ancestor alleged the seisin is not traversable by the Defendant but he may tender or profer the half mark for the enquiry of this seisin which is as much to say in plainer Terms that the Defendant shall not be admitted to denie that the Demandant or his Ancestor was seised of the Land in question and to prove his denial and that he shall be admitted to tender half a Mark in money to have an enquiry made whether the Demandant c. were so seised or not And in this signification I read the same words in the old English natura brevium fol. 26. b. viz. Know ye that in a Writ of right of Advowzen brought by the King the Defendant shall not profer the half Mark no Judgement final shall be given against the King c. Whereof Fitzh ubi supra M. giveth the reason because in the Kings case the Defendant shall be permitted to traverse the seisin by licence obtained of the Kings Sergeant To this effect See Fitz. nat br fol. 31. C.D.E. Half seal is used in the Chancery for the sealing of Commissions unto Delegates appointed upon any appeal in Ecclesiastical or Marine causes anno 8 Eliz. cap. 5. Half tongue See Medietas linguae Halymote alias Healgemot is a Court Baron Manwood parte prima of his Forest laws pag. 111. and the Etymologie is the meeting of the Tenants of one Hall or Mannor M. Gwins Preface to his Reading which for the esteem thereof is by copies spread into many mens hands Hallage is a Fee due for clothes brought for sale to Blackwel-hal in London Coke vol. 6. fol. 62. b. Hamlet Hameletum is a diminutive of Ham which signifieth habitationem Cambden Brit. pag. 149. 354. The French hameau i. viculus is also neer unto it Kitchin hath Hamel in the same sense f. 2.15 who also useth hampsel for an old house or cottage decayed fo 103. Hamlet as Stow useth it in Ed. 3. seemeth to be the seat of a Free-holder For there he saith that the said King bestowed two Manors and nine Hamlets of land upon the monastery of Westminster for the keeping of yearly obits for his Wife Queen Eleanor deceased Hameling of dogs or hambling of dogs is all one with the expeditating of dogs Manwood parte prim of his Forest laws pag. 212. parte 2. cap. 16. num 5. where he saith this is the ancient term that Foresters used for that marter whence this word might be drawn I dare not resolve but it is not improbable that hameling is quasi hamhalding that is keeping at home which is done by paring their feet so as they cannot take any great desight in running abroad See Expeditate Hampsel See Hamlet Hamsoken See Homesoken M. Skene de verb. significa writeth it Haimsuken and deriveth it from Haim a German word signifying a house or dwelling and Suchen that is to seek search or pursue It is used in Scotland for the crime of him that violently and contrary to the Kings peace assaulteth a man in his own house which as he saith is punishable equally with ravishing of a VVoman significat quietantiam misericordiae intrationis in alienam domum vi injusté Fleta lib. pri cap. 47. See Homesoken Hand in and Hand out anno 17 Ed. 4. cap. 2. is the name of an unlawful game Hand-full is four inches by the standard anno 33 H. 8. cap. 5. c. Hankwit aliâs Hangwit or Hengwit cometh of the Saxon words Hangen i. pendere and wit whereof read in Gultwit Rastal in the title Exposition of words saith It is a liberty granted unto a man whereby he is quit of a Felon or Thief hanged without judgement or escaped out of custody I read it interpreted mulcta pro homine injustè suspenso Or whether it may be a liberty whereby a Lord chalengeth the forfeiture due for him that fordoth himself within his Fee or not let the Reader consider See Blood-wit Hanper haneperium haneper of the Chancery anno 10 R. 2. cap. prim seemeth to signifie as fiscus originally doth in Latine See Clerk of the Hanaper Hanse as Ortelius in the Index of his Additament to his Theater ver Ansiatici saith is an old Gothish word where he sheweth not the interpretation It signifieth a certain society of Merchants combined together for the good usage and safe passage of Merchandize from Kingdome to Kingdome This society was and in part yet is endued with many large privileges of Princes respectively within their territories It had four principal seats or staples where the Almain or Dutch Merchants being the Erectours of this society had an especial house one of which was here in London called Gildhalda Teutonicorum or in our Common language the Steelyard Of this you may read more in the place of Ortelius above mentioned Haope cometh of the French happer i. rapio cum quadam velo citate capio and the French seemeth to come from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It signifieth in our Common law the same thing as to hap the possession of a deed poll Litleton fol. 8. Haque is a hand-gun of about three quarters of a yard long anno 33 Henr. 8. cap. 6. anno 2. 3 E. 6. cap. 14. There is also the half-haque or demy-haque See Haquebut Haquebut is that piece of artillery or gun which we otherwise call an harquebuse being both French words Anno 2. 3 Ed. 6. cap. 14. anno 4. 5 Phil. Mar. cap. 2. Hariot aliâs heriot heriotum in the Saxon heregeat a litle altered which is drawn from here i. exercitus And a heriot in our Saxons time signifieth a tribute given to the Lord for his better preparation toward War Lambert innis explication of Saxon words verbo Hereotum The name is still retained but the use altered for wheras by Master Lamberts opinion ubi suâ—ra it did signifie so much as relief doth now with us now it is taken for the best chattel that a Tenent hath at the hour of his death due unto the Lord by custom be it horse oxe cattel or any such like Master Kitchin distinguisheth between Heriot service and Heriot custom fol. 133 134 For interpretation whereof you shall find these words in Brook titulo Hariot num 5. Hariot after the death of the Tenent for life is Hariot custome For Hariot service is after the death of Tenent in Fee-simple The new Expounder of the Law Terms saith That Hariot service in some mans opinion is often expressed in a mans grant or deed that he holdeth by such service to pay Hariot at the time of his death that holdeth in Fee-simple Hariot custome is where Hariots have been payd time out of mind by Custome And this may be after the death of the Tenent for life See Plowden fol. 95 b. 69 a b. Bracton saith that Heriotum est quasi relevium li.
himself or his Deputie in places convenient looketh to the Assise of wollen cloth made through the land and to seales for that purpose ordained unto them anno 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for every cloth so sealed in a fee or custom therunto belonging an 17 R. 2. c. 2. Read of this more an 27. Ed. 3. c. 4. an 17. R. 2. c. 2. 5. an 1. H. 4. c. 13. an 7. ejusd c. 10. an 11. ejusd cap. 6. an 13. ejusd ca. 4. an 11. H. 6. ca. 9. an 31. ejusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. ejusdem ca. 1. an 1. R. 3. cap. 8. AM Ambidexter is that jurour or embraceour that taketh of both parties for the giving of his verdict He forfeiteth ten times so much as he taketh anno 38. Edw. 3. cap. 12. Cromptons Juflice of Peace fol. 156. b. Amendment amendatio commeth of the French amendment and signifieth in our common Law a correction of an errour committed in a Processe and espyed before judgement Terms of the law Brook titulo Amendment per totum But if the fault be found after judgement given then is the party that will redresse it driven to his writ of errour Terms of the Law Brok titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the king or other Lord in his court that is found to be in misericordia i. to have offended and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciament and fines Kitthin fol. 214. And I have heard common Lawyers say that fines as they are taken for punishments be punishments certain which grow expresly from some Statute and that amerciaments be such as be arbitrably opposed by affeerors This is in some sort confirmed by Kitch f. 78. in these words l'amerciament est affire per pares M. Manwood in his first part of Forest Lawes pag. 166. seemeth to make another difference as if he would inferre an amerciament to be a more easie or more mercifull penaltie and a fine more sharp and grievous Take his words If the pledges for such a trespasse saith he do appear by common summons but not the defendant himself then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himself doe appear and be ready in Court before the Lord Justice in eyr to receive his judgement and to pay his fine But if such pledges do make default in that case the pledges shall be amerced but not fined c. The Author of the new terms of law saith that amerciament is most properly a penaltie assessed by the peers or equals of the partie amercied for an offence done for the which he putteth himself upon the mercy of the Lord. Who also maketh mention of an amerciament royal and defineth it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the Kings amercied by Justices for his offence See Misericordia Amoveas maium Look ouster le maine AN An tour waste annus dies vastum Look year day and waste Anealing of tile anno 17. Ed. 4. ca. 4. Annats Annaies seemeth to be all one with first fruits anno 25. H. 8. ca. 20. Look First fruits The reason is because the rate of first fruits payed of spiritual livings is after one years profit Of which Polydore Virgil de inventione rerum lib. 8. cap. 2. saith thus Nullum inventum majores Romano Pontifici cumulavit opes quam annatum qua vocant usus qui omnino multò antiquior est quam recentiores quidam scriptores suspicantur Et annates more suo appellant primos fractus unius anni sacer dotii vacantis aut dimidiam eorum partem Sanè hoc vectigal jam pridem cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet cum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re ut gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic ut Franciscus Zabarellus tradat posthac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse ut eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua massa retinuit ut ne indidem exire possent lege caetera Anniented commeth of the French anneantir i. se abjicere atque prosternere It signifieth with our Lawyers as much as frustrated or brought to nothing Littleton lib. 3. cap. warrantie Annua pensione is a writ whereby the King having due unto him an annual pension from an Abbot or Prior for any of his Chaplaines whom he shall think good to name unto him being as yet unprovided of sufficient living doth demand the same of the said Abbot or Prior for one whose name is comprised in the same writ untill c. and also willeth him for his Chaplaines better assurance to give him his Letters patents for the same Register orig fol. 265 307. Fitz. nat br fol. 231. where you may see the names of all the Abbeys and Priories bound unto this in respect of their Foundation or creation as also the form of the Letters Patents usually granted upon this writ Annuitie annuus reditus signifieth a yearly rent to be paid for term of life or years or in fee and is also used for the Writ that lyeth against a man for the recovery of such a rent either out of his Land or out of his Coffers or to be received of his person at a day certain every year not satisfying it according to the Grant Register Origin fol. 158. Fitzh nat br fol. 152. The Author of the new terms of Law defineth annuitie to be a certain sum of mony granted to another in fee-simple fee-tail for term of life or of years to receive of the Granter or his Heirs so that no Free-hold be charged therewith whereof a man shall never have assise or other action but a Writ of Annuity Saintgerman in his Book intituled The Doctor and Student dialogo primo cap. 3. sheweth divers differences between a Rent and an Annuity wherof the first is That every rent be it rent-charge rent-service or rent-seck is going out of Land but an Annuity goeth not out of any Land but chargeth only the person that is to say the Granter or his Heirs that have Assets by descent or the House if it be granted by a House of Religion to perceive of their Coffers The second difference is that for the recovery of an Annuity no Action lyeth but only the Writ of Annuity against the Granter his Heirs or Successors
Market Assayer of the King is an Officer of the Mint for the due trial of Silver indifferently appointed between the Master of the Mint and the Merchants that bring silver thither for exchange An. 2 H. 6. c. 12. Assault insultus commeth of the French verb assailer i. adoriri appetere invadere which French proceedeth also from the Latine assilire i. vim afferre oppugnare It signifieth in out Common law a violent kind of injury offered to a mans person of a higher nature than battery for it may be committed by offering of a blow or by a fearfull speech M. Lambert in his Eirenar lib. 1. cap. 3. whom read The Feudists call this assulium and define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de feud parte 10. nu 38. And assilere est vim adferre adoriri oppngnare lib. feud 1. titulo 5. § 1. Assach seemeth to be a Welsh word and to signifie so much as a kind of excuse or strange kind of purgation by the Oaths of 300 men An. 1 H. 5. ca. 6. Assart Assartum in M. Manwoods Judgement parte 2. c. 9. nu 5. of the Forest laws commeth of the French assortir signifying as he saith to make plain or to furnish but rather indeed to set in order and handsomely to dispose Assertum est quod redactum est ad culturam Fleta lib. 4. ca. 21 § Item respondere It signifieth as much as the said M. Manwood saith n. 1. ubi supra an offence committed in the Forest by plucking up those woods by the rooâ—s that are thickets or coverts of the Forest and by making them plain as earable land where he also saith that an assart of the Forest is the greatest offence or trespass of all other that can be done in the Forest to vert or venison containing in it as much as the Waste or more For whereas the waste of the Forest is but the felling and cutting down of the coverts which may grow again in time an assart is a plucking them up c. Which he confirmeth out of the red book in the Exchequer in these words Assarta verò occaesiones nominantur quando sc forestae nemora vel dumeta pascuis latibulis ferarum opportuna succiduutur quibus succisis radicitus avulsis terra subversitur excolitur And again out of the Register origin folâ— 257. a b. in the Writ Adquod damrum sent out in case where a man sueth for a Licence to assart his grounds in the Forest and to make it several for tillage So that it is no offence if it be done with licence To this may Bracton also be added lib. 4. cap. 38. num 11. where he saith that these words boscus efficitnr assartum signifie as much as redactus in culturam Of this you may read more in Cromptons Jurisdictions fo 203. and in Charta de foresta an 9 H. 3. c. 4. where the English word is not assart but assert And in Manwood part 1. of his Forest laws pag. 171. The word is used an 4 Ed. 1. stat 1. in the same signification That which we call assartum is elsewhere tearmed Disboscatio Decis Genu. 78. Assembly unlawfull illicita assemblata commeth of the French assembler i. aggregare whence also is the Substantive assemblee i. coitio congregatio It is in our Common law as M. Lambert defineth it Eiren. li. 1. c. 19. the company of three persons or more gathered together to do an unlawfull act although they do it not See unlawfull assembly Assets quod tantundem valet Bract. l. 5. tract 3. c. 8. nu 2. is nothing but the French assez i. satis For though this word masque under the vilard of a Substantive it is in truth but an Adverb It signifieth in our Common law goods enough to discharge that burthen which is cast upon the Executor or Heir in the satisfying of the Testators or Ancestors debts or Legacies See Brook titulo Assets per dissent by whom you shall learn that whosoever pleadeth Assets faith nothing but that he against whom he pleadeth hath enough descended or come to his hands to discharge that which is in demand The Author of the new Terms of law maketh two sorts of Assets viz. assets par discent and assets enter mains the former being to be alleged against an Heir the other against an Executor or Administor Assigne assignare both it self and the French assigner come of the Latine It hath two significations one general as to appoint a deputè or to set over a right unto another In which signification Briston fo 122. saith This word was first brought into use for the favour of Bastards because they cannot run under the name of Heirs to their Fathers and therefore were and are comprised under the name of Assignees The other signification of this word is special as to appoint at or set forth viz. to assign Ertor Old nat B. fo 19. is to shew in what part of the Process Error is committed To assign false Iudgement codâ—m fo 17. that is to declare how and where the judgement is unjust To assign a false verdict codem fol. 112. and to assign an Oath to be false an 9 R. 2. c. 3. To assign the Cessor Old nat br fol. 1341. to shew how the Plaintiff had cessed or given over To assign waste is to shew wherein especially the waste is committed Reg. orig f. 72. Assign in the general signification is used an 20 Ed. 1. anno 11 H. 6. c. 2. in these words Iustices assigned to take Assises And the Substantive assignment hath the same signification West symb parte 1. lib. 2. sect 496. seq In which manner is also used the Adjective assignee assignatus viz. for him that is appointed or deputed by another to do any Act or perform any business or enjoy any commodity And an assignee may be either in deed or in Law Assignee in deed is he that is appointed by a Person an assignee in Law is he whom the Law so maketh without any appointment of the Person Vide Dyer fol. 6. nu 5. Perkins in Grants saith that an assignee is he that occupiesh a thing in his own right and Deputè he that doth it in the right of another Assise assisa commeth of the French word assise which in the grand Customary of Normandy c. 24. is defined to this effect Assise is an Assembly of Knights and other substantial men with the Bailiff or Iustice in a certain place and at a ceptain time appointed And again c. 55. Assise is a Court in the which whatsoever is done ought to have perpetual strength This Norman word assise commeth of the French asseoire i. collocare to settle or bestow in some place certain as S'asseoir is to fit down by another And metaphorically it is used of things incorporeal as asseoir son jugement sur quel
lying neer one another and consenting to have their bounds severally known It is directed to the Shyreeve commanding him to make perambulation and to set down their certain limits between them Of this read more at large in Fitz. nat br fol. 133. See Rationalibus divisis See the Regist orig fol. 157. and the new book of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is used with us for a rod or Pole of sixteen foot and a half in length Whereof Fourty in length and four in breath make an acre of ground Cromptons Jurisdict fol. 222. Yet by the custom of the country it may be longer as he there saith For in the Forest of Sherwood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Rood of land where he hath also these words in effect Three beer corns without tails set together in length make an inch of the which corns one should be taken off the middle ridge another of the side of the ridge another of the furrow Twelve inches make a foot of measure three foot and an inch make an elne six elnes long make one fall which is the common lineal measure and six elnes long and six broad make a square and superficiall fall of measured land And it is to be understood that one rod one raip one lineall fall of measure are all one for each one of them containeth six elnes in length Howbeir a rod is a staff or pole of wood a rasp is made of tow or hemp And so much land as fall thunder the rod or raip at once is called a fall of measure or a lineal fall because it is the measure of the line or length only Like as the superficiall fall is the measure both of length and bredth Item ten falls in length and four in breadth make a Rood four Roods make and acre c. This is the measure of Scotland whereof you may read more in the same place Perdonatio utlagariae in the Register judiciall fol. 28. is the form of pardon for him that for not comming to the Kings court is out-lawed and afterwards of his own accord yeeldeth himself to prison Peremptory peremptorius commeth of the verb perimere to cut off and joyned with a substantive as action or exception signifyeth a finall and determinate act without hope of renewing So Fitzh calleth a peremtory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q R. fol. 108. D. G. and non-sute peremptory idem eodem fol. 5. N. F. fol. 11. A peremptory exception Bracton li. 4. cap. 20. Smith derep Anglorum li. 2. cap. 13. calleth that a preremptory acception which can make the state and an issue in a cause Perinde valere is a dispensation graunted to a Clerk that being defective in his capacity to a benefice or other ecclesiastical function is de facto admitted unto it And it hath the appellation of 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 Perkins was a learned Lawyer fellow and bencher of the inner Temple that lived in the daies of Edw. the 6. and Queen Mary He wrote a book upon divers points of the common Law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexe cum ecclesia et praebenda is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist orig fol. 307. a. Pernour of profits cometh of the French verb. prendere i. acciperâ— and signifieth him that taketh as pernour of profits anno 1 H. 7 ca. pri Pernour de prosits et cesti que use is all one Coke li. i. casu Chuâ—ley fol. 123. a. See Pernour anno 21. R. 2. ca. 15. Per quae ervitia is a writ judicial issuing from the note of a fine and lyeth for the cognizee of a maner seignory chief rent or other services to compell him that is tenant of the land at the time of the note of the fine levyed to atturn unto him West parte 2. symbol titulo Fines-Sect 126. To the same effect speaketh the old nat br fol. 155. See also the new book of Entries verbo per quae servitia Perquesite perquesitum signifyeth in Bracton any thing purchased as per quisitum facere lib. 2. cap. 30. numb 3. lib. 4. cap. 22. perquisites of court be those profits that grow unto the Lord of a maner by vertue of his Court Baron over and above the certain and yearly profits of his land as escheats mariages goods purchased by villeins fines of copie holds and such like New Termes of the Law Person See Parson Personable signifyeth as much as inhabled to hold or maintain plee in a court For example the demaundant was judged personably to maintain this action Old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien born in Portingall without the ligeance of the King and judgement was asked whether she would 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 hath in our common Law one strange signification being joyned with the substantive things goods or Chatels as things personal goods personal Chatels personal for thus it signifieth any corporeal and moveable thing belonging to any man be it quick or dead So it is used in Westm par 2. symbol titulo Inditements sect 58. in these words Theft is an unlawfull fellonious taking away another mans moveable personal goods And again fol. 61. Larcency is a felonious taking away of anothers mans moveable personall goods and Kitchin fol. 139. in these words Where personal things shall be given to corporation as a horse a cow an oxe sheep hogs or other goods c. and Stawnford 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 of a tree is not fellony The reason of this application see Chattel Personalty personalitas is an abstract of personall The action is in the personalty old nat br fol 92. that is to say brought against the right person or the person against whom in law it lyeth I find these contrary words Personalitas impersonalitas in the Author of the book called vocabularius utriusque juris as for example Personalitas significatur per has dictiones tu mihi ego tibt cum alio significato quod probbialiter oencluditur si nullo modo concludatur tunc est impersonalttas quia actum vitiat pront ratio dictat verbi gratia
upwards to the number of 24. by whose discretion all tryals pass both in civil and criminal causes through all Courts of the common Law in this Realm First for civil causes when proof is made of the matter in question as the parties and their Counsel think good on both sides the point of the fact that they are to give their verdict of is delivered likewise unto them which we call the issue and then are they put in mind of their oath formerly taken to do right between party and party and so sent out of the Court severally by themselves to consider upon the evidence of both sides untill they be agreed which done they return to the Court again and deliver their verdict by the mouth of the foreman And according to the verdict Iudgement afterward passeth either condemnatory for the Plaintiff or absolutory for the Defendant These twelve be called twelve milites Glanvile lib. 2. cap. 14 15. and so be they in Bracton divers times but that word is altered In causes criminal there be two sorts of Enquests one called the grand Enquest and the other the Enquest of life and death The grand Enquest is so called either because it consisteth commonly of a greater number than twelve as of twenty four eighteen or sixteen at the least or else because all causes criminal or penal first passe through them whereas the other Enquest is especially appointed for one or few matters touching life and death committed to their consideration Those of the grand Enquest are also called by Bracton 12 milites lib. 3. tract 2. cap. pri num 2. because they were wont to be Knights as it seemeth and not inferiours except so many Knights could not be found Idem eodem num 1. in fine And their function is to receive all presentments made unto them of any offence and accordingly to give their general opinion of the presentment by writing either these words Billa vera upon the bill of presentment which is an inditement of the party presented or else this word Ignoramus which is an absolving of him Now as criminal causes be of two sorts either capital touching life and member or finable so is there a double course of these Inditements For in causes only finable the party indited must either traverse the Inditement by denying it and so it is referred to a petit Jury whereby he is either convicted or discharged of the crime or else he confessing it the Court setteth his fine upon his head without more work But in matters of life and death the party indited is commanded to hold up his hand and answer guilty or not guilty if guilty he standeth convicted by his own confession if not guilty he is farther referred to the Enquest of life and death which consider upon the proof brought against the Prisoner and accordingly bring in their verdict Guilty or not Guilty so is he judged to dye or delivered by the Court. Of this read more in Inditement Assise Iury. See the statute anno 35 H. 8. cap. 6. 37 ejusdem cap. 22. et anno 2 Ed. 6. cap. 32. et anno 5 Eliz. cap. 25. VA VAcation vacatio hath an especial signification in this Kingdom being used for all that time respectively which passeth between term and term at London And when such times begun and ended in our Ancestors daies see Roger Hovedens annals parte posteriori fol. 343. a. where you shall find that this intermission was called pax Dei et Ecclesiae Vaccarie aliàs vacharie vaccaria aliàs vacheria seemeth to be a house to keep kine in Fleta lib. 2. cap. 41. sect Item inquiratur 12. and Cromptons Jurisd fol. 194. in these words without warrant no subject may have within the Forest a vacary But in the statute anno 37 H. 8. cap. 16. I find vachary to be as it were a special proper name of a certain quantity and compass of ground within the Forest of Ashedown Valew valentia valor The word is in it self plain enough But I cannot omit one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference between value and price These be his words And the value of those things in which offences are committed is usually comprised in Inditements which seemeth necessary in theft to make a difference from petit larceny and in trespass to aggravate the fault and increase the fine But no price of things ferae naturae may be expressed as of Deer of Hares c. If they be not in Parks and Warrens which is a Liberty anno 8 Edward 4. fol. 5. nor of Charters of land And where the number of the things taken are to be expressed in the Inditement as of young Doves in a Dove-house young Hawks in a wood there must be said pretii or ad valentiam but of divers dead things ad valentiam and not protii of coyn not current it shall be pretii but of coin current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain But of counterfeit coin shall be said ad valentiam and in counterfeiting of coin shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord having profered covenable mariage to the Infant without disparidgement against the Infant comming to his years if he refuse to take the Lords offer And it is to recover the value of the mariage Regist orig fol. 164. Old nat br fol. 90. Variarce commeth of the French varier i. alterare it signifieth in the Common law an alteration or change of condition after a thing done For example the Commonalty of a Town make a Composition with an Abbot Afterward this Town by a grant from the King obtaineth Bayliffs This is a variance and in this case if the Abbot commence any sute for breach of the composition he must vary from the words of the Commonalty set down in the Composition and begin against the Bayliffs and the Commonalties Brook tit Variance fol. 292. It is also used for an alteration of something formerly laid in a plee which is easilier known what it is than when it may be used as it appeareth by Brook through the whole title aforesaid See variance in the new book of Entries Vassal vasallus signifieth him that holdeth land in fee of his Lord Hot. verbo Feudal we call him more usually a Tenent in fee whereof some owe fidelity and service and are called vassalli jurati some that owe neither and are called vassalli injurati But of this later sort I think that in England we have not any Of these thus writeth Hotom in his disputations upon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accipit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo