figillo meo munitâ confirmavi Hi is testibus Ade Salvag Walt. de novo Menul c. Sine dat Penes Tho. Bridgwater Gen. Assault assultus Is a violent kinde of injury offered to a Mans person of a higher nature then Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib 1. cap. 3. As to rebuke a Collector with foul words so that he departed for fear without doing his Office was taken for an Assault To strike at a Man though he were neither hurt nor hit with the blow was adjudged the like 22 Lib. Ass Plea 60. For Assault does not always necessarily imply a hitting or blow because in Trespass for Assault and Battery a Man may be found guilty of the Assault and excused of the Battery 25 Edw. 3. cap. 24. The Feudists define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de Feud pag. 10. num 38. Assach or Assath An. 1 H. 5. cap. 6. Was a strange kinde of Purgation used of old in Wales by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales and is now abrogated Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clark of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assaier of the King Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in prasentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen. 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate Anno 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is called Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign â—â—false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assizes And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Depty is he that does it in the right of another Assise of mort d'auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. F. Nat. Br. fol. 114. Register of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have presented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used see Bracton lib. 4. tract 2. Register of Writs fol. 30. F. Nat Br. fol. 195. Assise de utrum assisa utrum Lies for a Parson against a Lay-man of a Lay-man against a Parson for Land or Tenement doubtful Whether it be Lay-fee or Free-alms And of this sâ—c Bracton lib. 4. tract 5. cap 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation
Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in praesentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regiis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate An. 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors Debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br. fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assises And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Deputy is he that does it in the right of another Assise is derived from the French Assis i. assessum locatum definitum and is diversly used Littleton Cha. Rents says it is Aequivocum and sets down three significations of it One as it is taken for a Writ another as it is used for a Jury the third for an Ordinance i. Assise is a Writ dirâ—cted to the Sheriff for Recovery of Possession of things immoveable whereof your self or Ancestors have been disseised and this is as well of things corporal as incorporeal Rights being of four sorts viz. Assise of Novel Disseisin Assisa novae Disseisinae Lies where a Tenant in Fee-simple Fee-tail or for Life is lately disseised of his Lands or Tenements Rent-service Rent-seck or Rent-charge Common of Pasture c. and divers other such like of which you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. Britton cap. 70. Reg. of Writs fol. 197. Fitz. Nat. Br. fol. 177. Westm 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added the Bill of Fresh force which is directed to the Officers or Magistrates of Cities or Towns-corporate being a kinde of Assise for Recovery of Possession in such places within forty days after the force as the ordinary Assise is in the County Fitz. Nat. Br. fol. 7. Assise of Mort d'Auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have prsented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used See Bracton lib. 4. tract 2. Register of Writs fol. 30. Fitz. Nat. Br. fol. 195. Assise de utrum Assisa utrum Lies for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tencment doubtful Whether it be Lay-fee or Free-alms And of this see Bracton lib. 4. tract 5. cap. 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation except they be tried in the standing Courts at Westminster as appears by Fitz. Nat. Br. fol. 177. d e. Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
Kitchin fol. 79. There is another difference in that an Arrest lies onely upon the Body of a Man and an Attachment sometimes on his Goods which makes it in that particular differ from a Capias in being more general For a man may be attached by an hundred Sheep Kitchin fol. 263. but the Capias takes hold of the Body onely See Skene Verbo Attachiamentum Attachment by Writ differs from a Distress or Distringas in this That an Attachment reacheth not to Lands as a Distress doth and that a Distress toucheth not the Body if it be properly taken as an Attachment doth yet are they divers times confounded as may appear by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. Howbeit in the most common use an Attachment is an apprehension of a Man by his Body to bring him to answer the Action of the Plaintiff A Distress without a Writ is the taking of a Mans Goods for some real cause as Rent Service or the like whereby to force him to Replevy and so to be Plaintuff in an Action of Trespass against him that distrained him See Distress Attachment out of the Chancery is had of course upon an Affidavit made That the Defendant was served with a Subpaena and appears not or issueth upon not performing some Order or Decree After the return of this Attachment by the Sheriff Quod non est inventus in Baliva sua Another Attachment with Proclamation issues out against him and if he appears not thereupon then a Writ of Rebellion West part 2. Symbol tit Proceedings in Chancery Attachment of Priviledge Is by vertue of a Mans Priviledge to call another to that Court whereto he himself belongs and in respect whereof he is priviledged to answer some Action New Book of Entries Verbo Priviledge fol. 431. Forein Attachment Is an Attachment of Goods or Money found within a Liberty or City to satisfie some Creditor of his within such City or Liberty And by the Custom of some places as London c. a Man may attach Money or Goods in the hands of a Stranger whilest he is within their Liberty As if A ows B 10 l. and C ows A 10 l. B may attach this 10 l. in the hands of C to satisfie himself for the Debt due from A. See Calthrops Reports pag. 66. There is likewise an Attachment of the Forest which is one of the Three Courts there held The lowest is called the Attachment the mean Swainmote the highest the Justice in Eyrs seat This Court of Attachment seems to be so called because the Verderors of the Forest have therein no other Authorty but to receive the Attachments of Offenders against Vert and Venison taken by the rest of the Officers and to enrol them that they may be presented or punished at the next Justice Seat Manwood part 1. pag. 93. And this Attaching is by three means By Goods and Chattels by Body Pledges and Mainprize or by the Body onely The Court is kept every Forty days throughout the year See Crompton in his Court of the Forest The diversity of Attachments you may see in Register of Writs under the word Attachiamentum in Indice Attaint attincta As it is a Substantive is used for a Writ that lies after Judgment against a Jury that hath given a false Verdict in any Court of Record be the Action Real or Personal if the Debt or Damages surmount the sum of 40 s. What the Form of the Writ is and how in use is expressed in Fitz. Nat. Br. fol. 105. and New Book of Entries fol. 84. The reason why it is so called is because the party that obtains it endeavors thereby to touch or stain the Jury with Perjury by whose Verdict he is grieved And if the Verdict be found false then the Judgment anciently was That the Jurors Meadows should be ploughed up their Houses broke down their Woods grubbed up and all their Lands and Tenements forfeited to the King But if it pass against him that brought the Attaint he shall be imprisoned and grievously ransomed at the Kings Will. See Glanvile lib. 2. cap. 19. Smith de Repub. Angl. lib. 3 cap. 2. 11 Hen. 7. cap. 21 23 Hen. 8. cap. 3. In what diversity of Cases this Writ is brought see Reg. of Writs in Indice It was anciently called Breve de Convictione See Coke on Littl. fol. 294. b. Attainted attinctus Is used particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Yet a Man is said to be attainted of Disseisin Westm 1. cap. 24 36. Anno 3 Edw. 1. And so it is taken in French as Estre attaint vayncu en aucun case i. to be cast in any case Britton cap. 75. uses the Participle Attaint in the sence we say attained unto A Man is attainted by two means by Appearance or by Process Stanf. Pl. Cor. fol. 44. Attainder by Appearance is by Confession by Battle or by Verdict Confession whereof Attaint grows is twofold one at the Bar before the Judges when the Prisoner upon his Indictment read being asked guilty or not guilty answers guilty never putting himself upon the Jury the other is before the Coroner in Sanctuary where he upon his Confession was in former times constrained to abjure the Realm which kinde also of the effect is called Attainder by Abjuration Stanf. fol. 182. Attainder by Battle is when the party appealed by another and chusing to try the truth by Combat rather then by Jury is vanquished Attainder by Verdict is when the Prisoner at the Bar answering not guilty to the Indictment hath an Enquest of Life and Death passing upon him and is by their Verdict pronounced guilty Idem f. 108 192. Attainder by Process otherwise called Attainder by Default or Attainder by Outlary is where a party flies or doth not appear until he hath been five times called publickly in the County Court and at last upon his default is pronounced or returned Outlawed The same Author fol. 108. makes a difference between Attainder and Conviction with whom agrees the Statute Anno 34 35 Hen. 8. cap. 14. and Anno 1 Edw. 6. cap. 12. in these words That then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And I finde by Stanf. Pl. Cor. fol. 66. That a Man by our ancient Laws was said to be convicted presently upon the Verdict guilty but not to be attainted until it appeared he was no Clerk or being a Clerk and demanded by his Ordinary could not purge himself And in one word it appears That Attainder is larger then Conviction Conviction being onely by the Jury And Attainder is not before Judgment Perkins Grants num 27 29. Yet it appears by Stanf. fol. 9. that Conviction is sometimes called Attainder For there he says the Verdict of the Jury does either acquit or attaint a Man And so it is Westm 1. cap. 14. This
nature and essence of the Covenant And Crompton Juris fol. 185. saith That to be subject to the feeding of the Kings Deer is Collateral to the Soil within the Forest So we may say That Liberties to pitch Booths or Standings for a Fair in another Mans Ground is Collateral to the Ground The Private Woods of a common person within a Forest may not be cut without the Kings Licence for it is a Prerogative Collateral to the Soil Manwood par 1. pag. 66. Collateral Warranty See Warranty Collation of Benefice Collatio Beneficii Signifies properly the bestowing a Benefice by the Bishop who hath it in his own gift or patronage and differs from Institution in this That Institution into a Benefice is performed by the Bishop at the motion or presentation of another who is Patron of it or hath the Patrons right for the time Yet Collation is used for presentation Anno 25 Edw. 3. Stat. 6. Collatione facta uni post mortem alterius c. Is a Writ directed to the Justices of the Common Pleas commanding them to direct their Writ to a Bishop for the admitting a Clerk in the place of another presented by the King who during the suit between the King and the Bishops Clerk is departed this life For Judgment once passed for the Kings Clerk and he dying before admittance the King may bestow his presentation on another Reg. of Writs fol. 31. b. Colour color Signifies a probable Plea but in truth false and hath this end to draw the tryal of the Cause from the Jury to the Judges As in an Action of Trespass for taking away the Plaintiffs Beasts the Defendant saith That before the Plaintiff had any thing in them he himself was posseised of them as of his proper Goods and delivered them to A. B. to deliver them to him again when c. And A. B. gave them to the Plaintiff and the Plaintiff supposing the property to be in A. B. at the time of the gift took them and the Defendant took them from the Plaintiff whereupon the Plaintiff brings his Action This is a good Color and a good Plea See Doctor and Student lib. 2. cap. 13. And Broke tit Color in Assise Trespass c. fol. 104. Collusion Collusio Is a deceitful agreement or compact between two or more for the one party to bring an Action against the other to some evil purpose as to defraud a third person of his right c. See the Statute of Westmin 2. cap. 32. and 8 Hen. 6. cap. 26. which gives the Quale juâ— and enquiry in such Cases See Broke tit Collusion and Reg. of Writs fol. 179. a. Gifts made by Collusion see in 50 Edw. 3. cap. 6. Combat Fr. Signifies as much as Certamen pugna But with us it is taken for a formal tryal between two Champions of a doubtful cause or quarrel by the Sword or Bastons of which you may read at large in Glanvile lib. 14. cap. 1. Bracton lib. 3. tract 2. cap. 21. Britton cap. 22. Horns Mirror of Justices lib. 3. cap. Des Exceptions in fine proxime cap. Juramentum Duelli Dyer fol. 301. num 41 42 When Alan de la Zouch had judicially sued John Earl of Warren who chose rather to try the title by the Sword Point than by Point of Law he was wounded by him even in Westminster-hall in the year 1269. says Camden in his Britan. fol. 519. The last Trial by combat was admitted 6 Car. 1. between Donnold Lord Roy Appellant and David Ramsey Esquire Defendant Scotchmen in the Painted Chamber at Westminster before Robert Earl of Lindsey Lord High Constable Thomas Earl of Arundel Earl Marshal with other Lords where after the Court had met several times and Bill Answer and Replication put in by the Parties and Council heard with other Formalities it was at last determined that the matter should be referred to the Kings will and pleasure whose favor enclined to Ramsey Bakers Chron. fol. 500. See Coke on Littl. fol. 294. b. Origines Juridiciales fol. 65. And Spelmans Gloss at large verbo Campus Comitatu Commisso Is a Writ or Commission whereby the Sheriff is authorised to take upon him the charge of the County Reg. of Writs fol. 295. Cokes Rep. lib. 3. fol. 72. a. Comitatu Castro Commisso Is a Writ whereby the charge of a County with the keeping of a Castle is committed to the Sheriff Reg. of Writs fol. 295. Comitatus Of dead Ferms and Debts desperate whereof there is no hope one Roll shall be made and shall be entituled Comitatus and read every year upon the account of Sheriffs 10 Edw. 1. cap. unico Commandry Praeceptoria Was a Mannor or cheif Messuage with Lands and Tenements appertaining thereto belonging to the Priory of St. Johns of Jerusalem in England and he who had the Goverment of any such Mannor or House was called the Commander who could not dispose of it but to the use of the Priory onely taking thence his own sustenance according to his degree who was usually a Brother of the same Priory New Eagle in the County of Lincoln was and still is called the Commandry of Eagle and did anciently belong to the said Priory so were Slebach in Pembrokeshire and Shengay in Cambridgeshire Commandries in time of the Knights-Templers says Camd. These in many places of England are termed Temples as Temple Bruere in Lincolnshire Temple Newsum in Yorkshire c. because they formerly belonged to the said Templers Of these read Anno 26 Hen. 8. cap. 2. and 32 Ejusdem cap. 24. See Preceptories Commandment Praeceptum Hath a divers use as the Commandment of the King when upon his meer motion and from his own mouth he casts any Man into Prison Stamf. Pl. Cor. fol. 72. Commandment of the Justices is either absolute or ordinary Absolute as when upon their own Authority in their Wisdom and Discretion they commit a Man to prison for a punishment Ordinary is when they commit one rather for safe-custody then punishment A Man committed upon an Ordinary Commandment is replevisable Pl. Cor. fol. 73. Commandment is again used for the offence of him that willeth another Man to transgress the Law or to do any thing contrary to the Law as Murther Theft or such like Bracton lib. 3. tract 2. cap. 19. which the Civilians call Mandatum Commendam Ecclesia Commendata Is a Benefice or Church-Living which being void is commended to the charge and care of some sufficient Clerk to be supplied until it may be conveniently provided of a Pastor And that this was the true original of this practise you may read at large in Durandus De sacris Ecclesiae Ministeriis Beneficiis lib. 5. cap. 7. He to whom the Church is commended hath the Fruits and Profits thereof onely for a certain time and the Nature of the Church is not changed thereby but is as a thing deposited in his hands in trust who hath nothing but the custody of it which may be
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
signifies a Forfeiture or an Amerciament and is much transformed in the writing since more probably it should be Mishersing Mishering or Miskering according to the Learned Spelman It seems by some Authors to signifie a Freedom or Liberty because he that has this word in any Charter or Grant has not onely the Forfeitures and Amerciaments of all others for transgressions within his Fee but also is himself free from all such control by any within that compass Abjuration abjuratio a forswearing or renouncing by Oath a sworn banishment or an Oath taken to forsake the Realm for ever For as Stamford Pl. Cor. lib. 2. cap. 40. saith The devotion towards the Church first in Edward the Confessors time and afterward till 22 Hen. 8. was so zealous That if a man having committed Felony could recover a Church or Churchyard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their coming or to the Coroner and before them or him give his oath finally to forsake the Realm The form and effect whereof you may read in De Officis Coronatorum and in Horns Mirror of Justices lib. 1. cap. Del Office de Coroner Quando aliquis abjuravit regnum Cruoc ei liberata fuit in manu sua portanda in itinere suo per semitas regias vocabitur vexillum sanctae Ecclesiae Essex Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary wherein upon abjuration of his liberty and free habitations he would chuse to spend hs life as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That hereafter no Sanctuary or Priviledge of Sanctuary shall be allowed and consequently Abjuration is taken away 2 Instit fol. 629. See Sanctuary Abolition Anno 25 Hen. 8. cap. 21. A destroying or putting out of memory Institutae actionis peremptio The leave given by the King or Judges to a criminal accuser to desist from further prosecution Abridge from the Fr. Abreger to make shorter in words holding still the whole substance But in Law it seems to signifie for the most part the making a Declaration or Count shorter by substracting or severing some of its substance For example a Man is said to abridge his Plaint in an Assize or a Woman her Demand in an Action of Dower that hath put into the Plaint or Demand any Land not in the Tenure of the Tenant or Defendant and if the Tenant pleads Non-tenure or such-like Plea to parcel of the Land demanded in Abatement of the Writ the Demandant may abridge his Plaint or Demand to that patcel that is he may leave out that part and pray the Tenant may answer the rest to which he has not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but they run in general And though the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Brook tit Abridgment An. 21 H. 8. cap. 3. Abridgment of a Plaint See Abridge Abrogate abrogo to disannul take away or repeal as to abrogate a Law i. To lay aside or repeal it Anno 5 6 Edw. 6. cap. 3. See Prorogue Absentees or des Absentees was a Parliament so called held at Dublin 10 May 28 H. 8. And mentioned in Letters Patent Dat. 29 H. 8. See Cokes 4 Inst fol. 354. Abuttals See Abbuttals Accedas ad Curiam Lat. is a Writ that lies for him who has received false Judgment or fears partiality in a Court Baron or Hundred Court being directed to the Sheriff as appears by Dyer fol. 169. numb 20. As the Writ De falso judicio lies for him that has received such Judgment in the County Court the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register fol. 9. b. where it is said this Writ lies for Justice delayed as well as falsly given and that it is a Species of the Writ Recordare Accedas ad Uicecomitem is a Writ directed to the Coroner commanding him to deliver a Writ to the Sheriff who having a Pone delivered him doth suppress it Reg. of Writs fol. 83. Acceptance acceptatio is a taking in good part and a tacite kinde of agreeing to some former Act done by another which might have been undone or avoided if such Acceptance had not been For example if Baron and Feme seized of Land in right of the Feme make a joynt Lease or Feoffment by Deed reserving Rent the Baron dies the Feme accepts or receives the Rent By this the Feoffment or Lease is made good and shall bar her to bring the Writ Cui in vita Coke on Littl. fol. 211. b. Accessory or Accessary particeps criminis most commonly signifies one that is guilty of a felonious offence not principally but by participation as by command advice or concealment and is of two sorts 1. Before the offence or fact is he that commands or procures another to commit Felony and is not himself present but if he be then he is also a Principal 2. After the offence is he that receives assists or comforts any man that has done any Murder or Felony whereof he hath knowledge He who counsels or commands any evil shall be judged accessary to all that follows upon it but not to another distinct thing As I command one to beat another and he beats him so that the other dies of it I shall be accessary to this murder But if I command one to steal a White Horse and he steals a Black one or to burn such a House which he well knows and he burns another I shall not be accessary If I command one to kill I. S. in the Field and he kills him in the City or Church or to kill him at such a day and he kill him on another I shall be accessary nothwithstanding For the killing is the substance and the day place or weapon is but circumstance But if I command one to kill I. S. and before he hath killed him I come and say I am penitent for my malice and charge him not to kill him and yet he kills him I shall not be accessary Where the Principal is pardoned or hath his Clergy the Accessary cannot be arraigned there being a Maxim in the Law Ubi non est principalis non potest esse accessorius For it appears not by the Judgment of Law that he was Principal but if the Principal after Attainder be pardoned or hath his Clergy allowed him there the Accessary shall be arraigned See Sir Edward Cokes 2 Part Institutes fol. 183. In the lowest and highest offences there are no Accessaries but all are Principals as in Riots forcible Entries and other transgressions Vi armis which are the lowest offences So in the highest offence which is crimen laesae Majestatis there are no Accessaries but in Felony there are
Mixta quae dicitur Actio Hirciscundae locum habet inter eos qni communem habent haereditatem c. See Coke on Littl. fol. 262. b. Action is also according to the Form of the Writ divided into such as are conceived to recover either the simple value of the thing chalenged or the double trebble or quadruple As a Decies tantum lies against Embracers Fitz. Nat. Br. fol. 171. And against Jurors that take Money for their Verdict of either or both parties And to be short any other Action upon a Statute that punishes any offence by Restitution or Fine proportionable to the Transgression Action is Pre-judicial otherwise termed Preparatory or else Principal Pre-judicial is that which grows from some question or doubt in the Principal As if a Man sue his younger Brother for Land descended from his Father and it is objected he is a Bastard Bracton lib 3. cap. 4. Numb 6. This point of Bastardy must be tryed before the cause can further proceed and therefore is termed Pre-judicialis quia prius judicanda Action is either Ancestrel or Personal Stamf. Pl. Cor. 59. Ancestrel seems to be that which we have by some right descending from our Ancestor and Personal which has beginning in and from our selves There is also Action Ancestrel Droiturel and Action Ancestrel Possessary which see in Cokes 2 Inst fol. 291. Action upon the Case actio super casum is a general Action given for redress of wrongs done to any Man without force and by Law not especially provided for and is now most in use For where you have any occasion of Suite that neither has a fit name nor certain Form already prescribed there the Clerks of the Chancery in ancient time conceived a sit Form of Action for the thing in question which the Civilians call Actionem in Factum and we Action upon the Case Action upon the Statute actio super Statutum is an Action brought against a Man upon an offence against a Statute whereby an Action is given and lay not before As where one commits Perjury to the prejudice of another he who is endamaged shall have a Writ upon the Statute and his Cause And the difference between an Action upon the Statute and Action Popular is Where the Statute gives the Suite or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where Authority is given by the Statute to every one that will so sue that is termed Action Popular Action is Perpetual or Temporal Perpetua vel Temporalis and that is called Perpetual whose force is by no time determined Of which sort were all Civil Actions among the Ancient Romans viz. Such as grew from Laws Decrees of the Senate or Constitutions of the Emperors whereas Actions granted by the Pretor died within the year So we have in England Perpetual and Temporary Actions and I think all may be called Perpetual that are not expresly limited As divers Statutes give Actions so they be pursued within the time by them prescribed namely the Statute of 1 Edw. 6. cap. 1. gives Action for three years after the offences committed and no longer And the Statute of 7 Hen. 8. cap. 3. doth the like for four years and that of 31 Eliz. cap. 5. for one year and no more But as by the Civil Law no Actions were at the last so perpetual but that by time they might be prescribed against So in our Law though Actions may be called Perpetual in comparison of those that are expresly limited by Statute yet is there a means to prescribe against Real Actions after five years by a Fine levied or a Recovery suffered as you may see in the words Fine Recovery and Limitation of Assize Action of a Writ is a term used when one pleads some matter by which he shews the Plaintiff had no cause to have the Writ he brought yet it may be he might have another Writ or Action for the same matter Such a Plea is called A Plea to the Action of the Writ Whereas if by the Plea it should appear That the Plaintiff has no cause to have an Action for the thing demanded then it is called A Plea to the Action Cowel Acts of Parliament are Positive Laws which consist of two parts viz. Of the words of the Act and the sence of it and they both joyned together make the Law Acton-Burnel a Statute so called made 13 Edw 1. An. 1285. Ordaining the Statute Merchant for Recovery of Debts and was so termed because made at Acton-Burnel a Castle anciently of the Burnels afterward of the Lovels in Shropshire Actuary actuarius is the Scribe that Registers the Acts and Constitutions of the Convocation Addition additio signifies A Title given to a Man over and above his Christian and Sirname shewing his Estate Degree Mystery Trade Place of dwelling c. Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are those we call names of Dignity as Knight Lord Earl Marquess and Duke Additions of Mystery are Scrivener Painter Mason c. Addition of Town as Dale Thorp and such like And where a Man hath houshold in two places he shall be said to dwell in both of them so that his Addition in either may suffice By the Statute of 1 Hen 5. cap. 5. It was ordained That in Suits or Actions where Proces of Outlary lies such Additions should be to the name of the Defendant to shew his Estate Mystery and place where he dwells and that the Writs not having such Additions shall abate if the Defendant take exception thereto but not by the Office of the Court. And this was ordained to the intent that one Man might not be vexed or troubled by the Outlary of another but by reason of the certain Addition every person may bear his own burden See 2 Part. Institut fol. 595. 666. And the Statute 27 Eliz. cap. 7. Addoubors See Redoubors Adeling or Ethling from the Sax. Æðelan i. nobilis Was a Title of Honor among the Angles properly appertaining to the Successor of the Crown For King Edward being himself without issue and intending to make Eadgar to whom he was great Uncle by the Mothers side his heir to this Kingdom called him Adeling Hoveden parte poster Annal. fol. 347. a. Vide Leges S. Edw. Conf. M. S. a. Will. Conq. recept cap. ante-penult See more of this word in Spelmans Glossarium Adjournment from the Fr. adjournement Is when any Court is dissolved for the present or put off and assigned to be kept again at another day or place Adjournment in Eyre Anno 25 Edw. 3. Statute of Purveyers cap. 18. Is an appointment of a day when the Justices in Eyre mean to sit again And in 2 Edw. 3. cap. 11. Adjournment has the like signification See Prorogue Adjudication adjudicatio A giving by Judgment a Sentence or Decree An. 16 17 Car. 2. cap. 10. Ad inquirendum is a Writ
from the Fr. allumer to lighten or kindie is used for one who by his trade coloureth or paints upon Paper or Parchment And the reason is because lie gives light and ornament by his colours to the Letters or other Figures coloured The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner Almner or Aumoner Elecmosynarius Is an Officer of a King or Princes house whose Function is carefully to collect the fragments of Meat and Victuals and distribute them every day to the poor charitably to visit the sick and leprous prisoners poor widows needy persons and those that have no constant abode likewise to receive and faithfully distribute cast Horses Robes Money and other things given in Alms he ought also to excite the King with often admonitions especially on Festival days to be bountiful in giving Alms and to beseech that his rich robes may not be given to Parasites Maskers Stage-players or the like but may go towards the increase of his Alms. Fleta lib. 2. cap. 22. Almsfeoh or Aelmesfeoh Sax. i. Alms-money that is Peterpence anciently paid in England on the first of August and given by King Ina called also Romefeoh Romescot and Heorthpening Seldens History of Tythes pag. 217 Almoin See Aumone Alnage Fr. Aulnage Ell-measure the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager Alnager or Alneger Fr. Aulner i. A Measurer by the Ell signifies a sworn publick Officer who by himself or deputy looks to the Assize of Woollen Cloth made through the Land and to the Seals for that purpose ordained Anno 25 Edw. 3. Stat. 4. cap. 1. And 〈◊〉 Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging 17 Rich. 2. cap. 2. Read of this more 27 Edw. 3. cap. 4. 1 Hen. 4. cap. 13. 7 Ejusdem cap. 10. 11 Ejusdem cap. 6. 13 Ejusdem cap. 4. 11 Hen. 6. cap. 9. 31 Ejusdem cap. 5. 4 Edw. 4. cap. 1. 8 Ejusdem cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing all which were anciently comprized in the unity of one person These bear the distinct names of Searcher Measurer and Alneger which last though it be a Tautotological expression Aulnage and Measure being the same thing denoted in two Languages yet long usage and custom have brought them to distinct Offices and that which anciently was called Alnage from whence the Alnager takes the name who was no more but Measurer in signification is now become Collector of the Subsidy granted to the King by the before recited Statutes still holding the name Alnager because the collection of that Subsidy was by Edward the Third committed to the charge of the Alnager and he nevertheless not abridged of his measuring and searching till by his own wilful neglect they became separated and that by distinct Laws Insomuch as there is now a peculiar Measurer who ought to allow the Assize of length and bredth to every particular Cloth made in England and Wales And because the Subjects of this Land should not be abused an office of Searching is established by Act of Parliament whose Officer ought by his Seals judiciously and diligently affixed to denote the defaults and casual abuses which each particular Cloth contains All these Offices were anciently under the cognizance of the Alnager as you may read at large in a Treatise entituled The Golden Fleece Printed Anno 1656. See 4 Instit fol. 31. Alodium in Doomsday signifies a free Mannor and Alodarii Lords of the same Coke on Littl. fol. 5. Altarage altaragium Comprehends not onely the offerings made upon the Altar but also all the profit which accrues to the Priest by reason of the Altar Obventio Altaris Northampton ss Inter ordines sive decreta de Termino Sancti Mich Anno 21 Eliz in Scaccario remanentes in custodia Rememoratoris Regis inter alia continetur sic Jovis 12 Die Nov. UPon the Hearing of the Matter betwixt Ralph Turner Vicar of West-Haddon and Edward Andrews it is ordered That the said Vicar shall have by reason of the words Altaragium cum manso competenti contained in the Composition of the Profits assigned for the Vicars maintenance all such things as he ought to have by these words according to the Definition thereof made by the Reverend Father in God John Bishop of London upon Conference with the Civilians viz. David Hewes Judge of the Admiralty Bartholomew Clark Dean of the Arches John Gibson Henry Jones Laurence Hewes and Edward Stanhop all Doctors of the Civil Law that is to say By Altaragium Tythes of Wool Lamb Colt Calf Pigs Goslings Chickens Butter Cheese Hemp Flax Honey Fruits Herbs and such other small Tythes with Offerings that shall be due within the Parish of West-Haddon And the like case was for Norton in Northamptonshire heard in the said Court within these two or three years upon the Hearing Ordered in the like manner Oblationes sive numinorum sive panum tali vel tali Altari vel ex devotione vel ex consuetudine aut a Parochianis aut ab extraneis factae Altaragii nomine censebantnr Gloss in Mat. Paris Alto basso or in Alto in basso Pateat universis per presentes quod Willielmas Tylar de Yetton Thomas Gower de Aylemestre posuerunt se in alto in basso in arbitrio quatuor hominum viz. de quadam querela pendente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Thomam Et praedicti quatuor homines judicaverunt ordinaverunt quod Dat. apud Aylemestre die Mercurii prox post Festum Conceptionis B. Mariae Anno 2 Hen. 5. Ipse Prior venit Bogo similiter ponunt se in gratiam misericordiam voluntatem Regis de alto basso ad quod mandantur Turri London c. Plac. coram Rege Hil. 18 Edw. 1. By this is meant the absolute submission of all differences small and great high and low Amabyr See Chevage Ambidexter Lat He that useth his left hand as well as his right that plays on both sides But in the legal acception it signifies That Juror or Embraceor who takes Money on both sides for giving his verdiet for which he forfeits ten times so much as he takes 38 Edw. 3. cap. 12. Crompt Just of P. fol. 156. b. Ame Kings Proclamation 1663. See Aume Amenable from the Fr. amener i. To bring or lead unto Others write it amainable from the Fr. main a hand tractable that may be led by the hand or governed that may be brought or fetched in It is applied in our Law Books to a Woman that is supposed governable by her Husband Amendment amendatio signifies the correction of an Error committed in a Process and espied before or after Judgment and sometimes after the party seeking advantage by the Error Brook titulo Error and Amendment Amerciament
the Arrentations Is saving power to give such Licences for a Yearly Rent Arrest Fr. a stop or stay and is metaphorically used for a Decree or Determination of a Cause debated or disputed pro and con as Arrest du Senat. i. Placitum Curiae with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice and a Man stopped staid or apprehended for Debt c. is said to be Arrested which may be called The beginning of Imprisonment To move or plead in Arrest of Judgment is to shew cause why Judgment should be staid notwithstanding the Verdict be given To plead in Arrest of taking the Enquest upon the former Issue is to shew cause why an Enquest should not be taken c. Brook tit Repleader For preventing Arrests of Judgments see the Statute 16 17 Car. 2. cap. 8. Arrestandis bonis ne dissipentur Is a Writ which lies for him whose Cattle or Goods are taken by another who during the controversie doth or is like to make them away and will hardly be able to make satisfaction for them afterward Register of Writs fol. 126. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars and hides himself when he should go Register of Writs fol. 24. b. Arresto facto super bonis mercatorum alienigenorum c. Is a Writ which lies for a Denizen against the Goods of Strangers of any other Countrey found within this Kingdom in recompence of Goods taken from him in that Countrey after he hath been denied restitution there Register of Writs fol. 129 a. This among the Ancient Civilians was called Clarigatio now barbarously Reprisalia Arretted arrectatus quasi ad rectum vocatus That is convented before a Judge and charged with a crime It is sometimes used for imputed or laid unto as no folly may be arretted to one under age Littleton cap. Remitter Chaucer useth the Verb Arretteth i. Layeth blame as it is interpreted Bracton says Ad rectnm babere Malefactorem i. To have the Malefactor forth coming so as he may be charged and put to his Tryal Lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis charged with the death of a Man Arrura Hoc Scriptum factum apud Sutton Courtenay 20 Dic Dec. 4 Edw. 3. Inter Dominum Hugonem de Courtenay ex parte una Ric. de Stanlake Johannam uxorem ejus ex altera testatur quod idem Dominus Hugo in excambium remisit eisdem Ricardo Johannae omnimoda opera VIZ. Arruras Messiones Cariagia alia quaecunque opera Et ipsi non dabunt Medfee c. Penes Tho. Wollascot de Sutton praedict Ar. q. If not here used for Ploughing and Harrowing Arthel An. 26 H. 8. cap. 6. And that no person or persons shall hereafter at any time cast any thing into any Court within Wales or in the Lordships Marchers of the same by the mean or name of an Arthel by reason whereof the Court may be letted disturbed or discontinued for that time upon pain of c. Is a British word and is more truly written Arddelw which the Southwales men write Arddel and signifies according to Dr. Davies Dictionary Astipulari Asserere Vindicare Assertio Vindicatio Anglicè Avouch Example O delir Dyn ' ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon i fwrw ei ledrad oddiwrtho i. It a Man be taken with stoln Goods in his hands he must be allowed a lawful Arddelw Vouchee to cleer him of the Felony Which is part of the Law of Howel Dda but probably was so abused in Henry the Eighths time by the delay of or exemption of Felons and other Criminals from Justice that provision by this Statute was made against it Thus explicated by the Learned Meredith Lloyd Esquire Articles of the Clergy Articuli Cleri Are certain Statutes made touching Persons and Causes Ecclesiastical Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3. Assart Fr. Essarter to glade or make Glades in a Wood to make Plain to Grub up or clear a ground of Bushes Shrubs c. Is according to Manwood cap. 9. numb 1. an offence committed in the Forest by plucking up those Woods by the Roots which are Thickets and Cover for the Deer and by making them plain as arable Land which is the greatest Offence or Trespass that can be done in the Forest to Vert or Venison containing as much or more then Waste For whereas Waste of the Forest is but the Felling and Cutting down the Coverts which may grow again Assart is a Plucking them up and Destroying them which is confirmed out of the Red Book in the Exchequer in these words Assarta verò occasiones nominantur quando Forestae nemora vel Dumeta pascuis latibulis ferarum oportuna succiduntur Quibus succisis radicitus avulsis terra subvertitur excolitur And again out of Register of Writs fol. 257. in the Writ Ad quod Damnum sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest and to make it several for Tillage So that it is no offence if done with Licence To this Bracton may be added Lib. 4. cap. 38. who saith That these words Boscus efficitnr Assartum signifie as much as Redactus ad culturam Of this you may read more in Cromp. Jursid fol. 203. and in Charta de Foresta Anno 9 Hen. 3. cap. 4. where it is written Assert not Assart And in Manwood part 1. pag. 171. That which we call Assartum is elswhere termed Disboscatio Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First to the Abbot of Rames Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19. Et quibusdam Sartis quae sartaverunt homines ipsius Ecclesiae c. Assart was also anciently used for a parcel of Land assarted as appears by this Charter of Roger Earl of Mortimer Sciant praesentes futuri quod ego Rogerus de Mortuo mare Dedi concessi Ade Pistori pro servitio suo tresdecem acras terrae super Mughedone inter pratum quod fuit Petri Budelli viam quae vadit per medium Mughedone Dedi etiam eidem Ade Duo Asarta en la Hope quae appellantur Ordrichesruding Aldicheruding in quibus Asartis continentur quinque acrae ad eandem mensuram tresdecem acrarum super Mughedone Ad tenendum de me haeredibus meis sibi haeredibus suis in feo do haereditate libere quiete Reddendo inde annuatim mihi haeredibus meis ille haeredes sui duos solidos ad Festum Sancti Michael pro omni servitio salvo servitio Domini Regis Ut autem haec mea Donatio concessio firma sit stabilis eam hac cartā meā
relinquenda erat in scriptis a liter permitteretur Terra inde Haereditaria nuncupata LL. Aluredi cap. 36. See Charter-land and Landboc And see Glossarium in decem Scriptores Bodies Politick See Corporation Boilary or Bullary of Salt Salina A Salt-house or Salt-pit where Salt is boiled and made Coke on Littl. fol. 4. b. From the Fr. Bovillon a Boiling or Bubbling Bolting At Greys-Inn the manner is thus An Ancient and two Barrasters sit as Judges three Students bring each a Case and the Judges chuse which of them shall be argued which done the Students first argue it then the Barrasters It is inferior to Mooting and may be derived from the Saxon Bolt a House because done privately in the House for instruction Bona fide i. With a good Faith we say that is done Bona fide which is done really with a good Faith without dissimulation or fraud It is used Anno 12 Car. 2. cap. 18. and 15 Car. 2. cap. 5. Bonaght or Bonaghty Was an Exaction in Ireland imposed on the Subjects at the Will of the Lord for relief of the Knights called Bonaghti who served in the Wars Antiq. Hibern pag. 60. Camden in his Britan. tit Desmond says James Earl of Desmond imposed upon the People those most grievous Tributes of Coyn Livery Cocherings Bonaghty c. Bona notabilia Where the party dying hath at time of his death Goods or good Debts in any other Diocess or peculiar jurisdiction within that Province besides his Goods in the Diocess where he dies amounting to the value of 5 l. at the least he is said to have Bona notabilia and then the Probat of his Will or granting Administration belongs to the Archbishop of the Province whether it be within that of Canterbury or York But this does not prejudice those Diocesses where by Composition or Custom Bona notabilia are rated at a greater sum Book of Canons 1 Jac. Can. 92 93. Perkins sect 489. See Probat of Testaments Bona Patria An Assise of Countrey-men or good Neighbors sometimes it is called Assisa bonae patriae when twelve or more Men are chosen out of any part of the Countrey to pass upon Assise otherwise called Juratores because they are to swear judicially in presence of the party c. Skene See Assisors Bond Bondage and Bondmen See Nativus Bondmen in Doomsday are called Servi and differed from Villani Et de toto tenemento quod de ipso tenet in Bondagio in Soca de Nortone cum pertin Mon. Angl. 2. par fol. 609. a. Bonis Arrestandis Is a Writ which see in Arrestandis bonis Bonis non amovendis Is a Writ to the Sheriffs of London c. to charge them that one against whom a Judgment is obtained in an Action and who prosecutes a Writ of Error be not suffered to remove his Goods till the Error be tryed Reg. of Writs fol. 131. b. Booting or Boting Corn Certain Rent-Corn anciently so called The Tenants of the Mannor of Haddenham in Com. Bucks heretofore paid Booting Corn to the Prior of Rochester Antiquity of Purveyance fol. 418. Perhaps it was so called as being paid by the Tenants by way of Bote Boot we still call it or compensation to the Lord for his making them Leases c. See Bote. Bordagium The Tenure of Bord-lands which see Item ordinatum est quod omnes qui terras tenementa tenent per Bordagium habeant super singulis Bordagiis quae per praedictum servicium tenentur capitalem quandam mansionem in loco ad hoc consueto c. Ordinac Justic Itin. in Insula de Jersey Bordarii seu Borduanni Often occur in Domesday by some esteemed to be Bores Husbandmen or Cotagers which are there always put after Villains Dicantur Bordarii vel quòd in tugurio quae Cottagia vocant habitabant seu villarum limitibus quasi Borderers Spelm. Tenentes per servitia plus servilia quam villani qui tenent nisi paucas acras M. S. but see Bordlands Bord-halfpeny Sax. Bord tabula and hafpeny obolus Is Money paid in Fairs and Markets for setting up Tables Bords and Stalls for sale of Wares In antiquis Chartis multi immunes fiunt ab ista solutione says Spelman It is corruptly written Borthalpeny and Brodhalpeny in some Authors Bord-lands The Lands which Lords keep in their hands for maintenance of their Bord or Table Est Dominicum quod quis habet ad mensam suam propriè sicut sunt Bord-lands Anglicè i. Dominicum ad mensam Bract. lib 4. tract 3. cap. 9. num 5. Which possession was anciently termed Bordage Sax. Dict. verbo Bord. And the Bordarii often mentioned in Domesday were such as held those Lands which we now call Demain Lands See Antiq. of Purveyance fol. 49. Borow or Borough Sax. Borhoe Fr. Burg Signifies a Corporate Town which is not a City Anno 2 Edw. 3. cap. 3. As also such a Town or place as sends Burgesses to Parliament the number whereof you may see in Cromp. Jurisd fol. 24. Probably Borhoe was anciently taken for those Companies consisting of Ten Families which were combined to be one anothers Pledge See Bracton lib. 3. tract 2. cap. 10. and Lamberts Duty of Constables pag. 8. Verstegan says That Burg or Burgh whence we say Borough signifies a Town having a Wall or some kinde of Enclosure about it and that those places which in old time had among our Ancestors the name of Borough were one way or other fenced or fortified See Head-borow and Borow-head Borow-head alias Head-borow from the Sax. Borhoe and Head signifies according to Lambert in his Treatise of Constables the Head-man or cheif pledge of the Decury or Borow chosen by the rest to speak and act in their name in those things that concerned them Borow-holders alias Bursholders quasi Borhoe-ealders are the same with Borowheads Bracton calls them Borghy-Alders Lib. 3. tract 2. cap. 10. Borow-English Sax. Borhoe Englisc Is a customary Descent of Lands whereby in all places where this Custom holds Lands and Tenements descend to the youngest Son or if the owner have no issue to his youngest Brother as in Edmunton Kitchin fol 102. And the reason of this Custom according to Littleton is For that the youngest is presumed in Law to be least able to shift for himself Borow Goods Divisable These words are found in the Statute of Acton Burnel 11 Edw. 1. As before the Statutes of 32 34 Hen. 8. no Lands were Divisable at the Common Law but in ancient Baronies so perhaps at the making the foresaid Statute of Acton-Burnel it was doubtful whether Goods were Divisable but in ancient Borows For it seems by the Writ De rationabili parte bonorum anciently the Goods of a Man were partable between his Wife and Children Borthalpeny See Bord-halpeny Boscage Boscagium Is used for that Food which Wood and Trees yield to Cattle Mast From the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pascere Boscaria Ut ipsi possunt domos
made in the Reigns of Henry the Third Edward the First or Second but uncertain which set down in Poulton fol. 110. cap. 4. 9. Toll shall be taken by the Rase and not by the Heap or Cantel which seems to signifie the same we now call the Lump as to buy by Measure or by the Lump Cantred or rather Cantref Cantredus Signifies an Hundred Villages being a British word compounded of the Adjective Cant i. An Hundred and Tref a Town or Village In Wales the Counties are divided into Cantreds as in England into Hundreds The word is used Anno 28 Hen. 8. cap 3. Capacity capacitas An aptness to contain or receive Our Law allows the King two Capacities A Natural and a Politick In the first He may purchase Lands to Him and His Heirs in the later to Him and His Successors And a Parson hath the like Cape of Good Hope Cabo de bon ' speranza A Promontory or Elbow of Land that lies in Cafraria a Province of Aethiopia Inferior and was first discovered by the Portugals under the command of Bartholomew Diaz Helyns Cosmog fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18. Cape Lat. Is a Writ Judicial touching Plea of Land or Tenements so termed as most Writs are of that word which carries the especial est intention or end of it And this Writ is divided into Cape Magnum and Cape Parvum Both which as is before said in Attachment take hold of things immoveable and seem to differ in these points First Because Cape Magnum or the Grand Cape lies before appearance and Cape Parvum afterward Secondly The Cape Magnum summons the Tenant to answer to the Default and over to the Demandant Cape Parvum Summons the Tenant to answer to the Default onely and therefore is called Cape Parvum or Petit Cape Old Nat. Br. fol. 161 162. Yet Ingham saith it is called Petit Cape not because it is of small force but that it consists of few words Cape Magnum in the Old Nat. Br. is thus defined Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land and the Tenant makes default at the day to him given in the Original Writ then this Writ shall go for the King to take the Land into His hands and if the Tenant come not at the day given him thereby he loseth his Land c. A Form of this Writ you may see in the Reg. Judicial fol. 1. b. Of this Writ and the Explication of its true force and effect read Bracton lib 3. tract 3. cap. 1. num 4 5 6. Cape Parvum or Petit Cape in Old Nat. Br. fol. 162. Is thus defined Where the Tenant is summoned in Plea of Land and comes at the Summons and his appearance is of Record and at the day given him prays the View and having it granted makes default then shall Issue this Writ for the King c. The difference betwixt the Grand Cape and Petit Cape which in effect or consequence are alike is that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions where the Original Writ does not mention the parcels or particulars demanded And the Petit Cape after Apparence or View granted It s Form see in Reg. Jud. fol. 2. and Fleta lib. 6. cap. 44. Cape ad Valentiam Is a Species of Cape Magnum so called of the end whereto it tends and in Old Nat. Br. fol. 161. thus described Where I am impleaded of Lands and I vouch to warrant another against whom the Summons Ad Warrantizandum hath been Awarded and the Sheriff comes not at the day given then if the Demandant recover against me I shall have this Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee if he hath so much if not then I shall have execution of such Lands and Tenements as descend to him in Fee or if he purchase afterwards I shall have against him a Resummons and if he can say nothing I shall recover the value This Writ lies before Apparence Of these and their divers uses see the Table of the Reg. Judicial verbo Cape Capias is a Writ of two sorts one before Judgment called Capias ad Respondendum where the Sheriff upon Original or other Writ in a Personal Action returns Nihil habet in Baliva nostra The other is a Writ of Execution after Judgment being also of divers kindes as Capias ad Satisfaciendum Capias pro Fine Capias Utlagatum after Judgment c. Capias ad Satisfaciendum Is a Writ of Execution after Judgment lying where a Man recovers in an Action Personal as for Debt Damages Detinue c. in the Kings Court In which case this Writ Issues to the Sheriff commanding him to take the body of him against whom the Debt is recovered who shall be put in prison till he make satisfaction Capias pro Fine Is where one being by Judgment fined to the King upon some offence committed against a Statute does not discharge it according to the Judgment By this therefore is his body to be taken and committed to prison until he pay the Fine Coke lib. 3. fol. 12. Or where upon a Non est factum pleaded his Plea is by evidence or his own after-acknowledgment not made out or verified and the like Capias Utlagatum Is a Writ which lies against him who is outlawed upon any Action Personal or Criminal by which the Sheriff apprehends the party outlawed for not appearing upon the Exigend and keeps him in safe custody till the day of return and then presents him to the Court there farther to be ordered for his contempt which if in the Common Pleas was in former times to be committed to the Fleet there to remain till he had sued out the Kings Charter of Pardon and appeared to the Action At present in the Kings Bench the Outlary cannot be reversed unless the Defendant appear in person and by a present of Gloves to the Judges implore and obtain their savor to reverse it And in the Common Pleas the Defendant not being an Executor or Administrator is now to give good Bail which he is allow'd to do by Atturny to answer the Action if the Debt or Damage demanded be 20 l. or above and to pay the Plaintiffs charges before the outlary be reversed And by a special Capias Utlagatum in the same Writ the Sheriff is commanded and may seize all the Defendants Lands Goods and Chattels for the contempt to the King and the Plaintiff may after an Inquisition taken thereupon and returned into the Exchequer obtain a Lease of the Lands extended and a grant of the Goods whereby to compel the Defendant to appear which when he shall do and reverse the Utlary are to be restored to him See Old Nat. Br. fol. 154. and Table of Reg. Judic verbo Capias Capias in Withernamium de Averiis
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
of waste to be made before he can get possession sues out this Writ See more in Fitz. Nat. Br. fol 60 67. Reg. of Writs fol. 76. And Reg. Judic fol. 37. In ancient Records we often find Vastum Estrepamentum facere Videturque Estrepamentum gravius Vasti genus designare Spel. Etheling or Aetheling in the Saxon signifies Noble and it was among our English Saxons the title of the Prince or Kings Eldest Son as we read in Camden Edgar Aetheling England's dearling Everwicscire Yorkshire anciently so called Willielmus Rex Angliae Thumae Archiepiscupo Bertramo de Verdon Baronibus suis Francis Anglis de Everwicscire c. Carta Will. Conq. Evidence Evidentia Is used generally for any proof be it testimony of Men Records or Writings Sir Tho. Smyth hath these words Lib. 2. c. 17. Evidence in this signification is Authentical Writings of Contracts Written Sealed and Delivered And lib. 2. ca. 23. speaking of the Prisoner that stands at the Bar to plead for his life he says thus Then he tells what he can say for himself after him likewise all those who were at the apprehension of the Prisoner or who can give any Indices or Tokons which we call in our language Evidence against the Malefactor It is called Evidence because thereby the point in Issue is to be made evident to the Jury probationes debent esse evidentos i. Perspicuae faciles See Coke on Litt. fol. 283. Exactor Regis The Kings Exactor Qui publicas pecunias tributa vectigalia res fisco debitas exegit Sometimes taken for the Sheriff Hoc enim sensu niger liber Seac par 1. ca. ult Tabulas quibus vicecomes censum Regium colligit Rotulum Exactorium vocatur Examiners in the Chancery Examinatores Are two Officers that examin upon Oath Witnesses produced on either side upon such Interrogatories as the Parties to any Sute do exhibit for that purpose and sometimes the Parties themselves are by particular Order examin'd also by them Excambiator Was antiently used for an Exchanger of Land Ita quod unusquisque eorum qui damna sustinuit aliquo casu contingente quod Excambiator refundat dampna misas expensas quocunque casu proveniente Ex libro Cartarum Priorat Leominstr de anno 2 Edw. 2. Exception Exceptio Is a stop or stay to an Action being used in the Civil and Common Law both alike and in both divided into dilatory and peremptory Of these see Bracton lib. 5. Tract 5. per totum And Britton ca. 91 92. Exchange Cambium vel excambium Is used peculiarly for that compensation which the Warrantor must make to the Warrantee value for value if the Land warranted be recovered from the Warrantee Bracton lib. 2. ca. 16. and lib. 1. cap. 19. It signifies also generally as much as permutatio with the Civilians as the Kings Exchange Anno 1 Hen. 6. ca. 1 4. 9 Ed. 3. Stat. 2. ca. 7. which is the place appointed by the King for exchange of Plate or Bullion for the Kings Coyn. These places have been divers heretofore as appears by the said Statutes but now there is onely one viz. the Tower of London conjoyned with the Mint which in time past might not be as appears by 1 Hen. 6. ca. 4. Exchangeors Are those that return Money beyond Sea by Bills of Exchange which by the Stat. 5 Rich. 2. ca. 2. ought not to be done without the Kings Licence See Excambiator Exchequer See Eschequer Excise Is a Charge or Imposition laid upon Beer Ale Sider and other Liquors within the Kingdom of England Wales and Berwick by Act of Parliament 12 Car. 2. ca. 13. during the Kings life and according to the Rates in the said Act mentioned See 13 Car. 2. ca. 13. 15. ejusdem 9. And 17 ejusdem ca. 4. Excommengement Anno 23 Hen. 8. cap. 3. Is in Law-French the same with Excommunication Excommunication Excommunicatio Is a Censure inflicted by the Canon or Ecclesiastical Judge depriving the person offending from the lawful Communion of the Sacraments and sometimes of the liberty of even conversing with the faithful And it is divided In majorem minorem Minor est per quam quis a Sacramentorum participatione conscientia vel sententia arcotur Major quae non solum a Sacramentorum verum-etiam fidolium Communione oxcludit ab omni actu legitimo separat dividit Venatorius de Sent. Excom Auctoritate Dei Patris omnipotentis Filii Spiritus Sancti beatae Dei genetricis Mariae omniumque Sanctorum Excommunicamus Anathematizamus a limitibus sanctae Matris Ecclesiae sequestramus illos malefactores N. consentaneos quoque participes nisi resipuerint ad satisfactionem venerint sic extinguatur lucerna eorum ante viventem in saecula saeculorum Fiat fiat Amen Ex Emendat Legum Wil. Conquestor in lib. vocat Textus Roffensis Excommunicato Capiendo Is a Writ directed to the Sheriff for apprehending him who stands obstinately Excommunicated Forty days For the contempt of such a one not seeking absolution may be certified or signified into Chancery whence issueth this Writ for the laying him up without Bail or Mainprise until he conform himself Fitz. Nat. Br. fol. 62. Anno 5 Eliz. cap. 23. and Reg. of Writs fol. 65. Excommunicato Deliberando Is a Writ to the Under-Sheriff for Delivery of an Excommunicate person out of prison upon Certificate from the Ordinary of his Conformity to the Jurisdiction Ecclesiastical Fitz. Nat. Br. fol. 63. Reg. of Writs fol. 67. Excommunicato Recipiendo Is a Writ whereby persons excommunicate being for their obstinacy committed to prison and unlawfully delivered thence before they have given caution to obey the Authority of the Church are commanded so be sought for and laid up again Reg. of Writs fol. 67. a. Executione Facienda Is a Writ commanding Execution of a Judgment the divers uses whereof see in the Table of Register Judicial Executione facienda in Witheinamium Is a Writ that lies for the taking his Cartle who formerly had conveyed out of the County the Cattle of another So that the Bailiff having authority from the Sheriff to Replevy the Cattle so conveyed away could not execute his charge Reg. of Writs fol. 82. b. Execution Executio Signifies the last performance of an Act as of a Fine or Judgment Execution of a Fine is the obtaining Actual Possession of the things contained in it by vertue thereof which is either by Enâ—y into the Lands or by Writ whereof see West at large Par. 2. Symbol tit Fines sect 137. Executing of Judgments Statutes and such like see in Fitz. Nat. Br. in Indice 2. verbo Execution Coke vol. 6. casu Blumfield fol. 87. a. makes two sorts of Executions one final another with a quousque tending to an end An Execution Final is that which makes Money of the Defendants Goods or extends his Lands and delivers them to the Plaintiff which he accepts in satisfaction and is
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
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
Hundreds for better Government King Alfred brought from Germany For there Centa or Centena is a jurisdiction over a hundred Towns This is the original of Hundreds which still retain the name but their Jurisdiction is devolved to the County Court some few excepted which have been by priviledge annexed to the Crown or granted to some great Subject and so remain still in the nature of a Franchise This has been ever since the Stat. 14 Edw. 3. Stat. 1. c. 9. whereby these Hundred Courts formerly Farmed out by the Sheriff to other Men were all or the most part reduced to the County Court and so remain at present So that where you read now of any Hundred Courts you must know they are several Franchises wherein the Sheriff has not to do by his ordinary Authority except they of the Hundred refuse to do their Office See West Part 1. Symbol lib. 2. Sect. 288. ad Hundredum post Pascha ad proximum Hundredum post Festum St. Mich. Mon. Angl. 2 p. fol. 293. a. The word Hundredum is sometimes used for an immunity or priviledge whereby a Man is quit of Hundred-peny or Customes due to the Hundreder See Turn Hundreders Hundredarii Are Mon impanneld or fit to be empannel'd of a Jury upon any Controversie dwelling within the Hundred where the Land in question lies Cromp. Jur. fol. 217. Anno 35 Hen. 8. ca. 6. It also signifies him that has the jurisdiction of a Hundred and holds the Hundred Court An. 13 Ed. 1. ca. 38. 9 Edw. 2. Stat. 2. 2 Edw. 3. ca. 4. and 't is sometimes used for the Bayliff of an Hundred Horns Mirror lib. 1. ca. del Office del Coroner Hundred-lagh from Hundred and the Sax. Laga i. Lex Signifies the Hundred Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus ca. 9. Manwood Part 1. pa. 2. See Warscot Hundred-penny Est autem pecunia quam subsidit causa vicecomes olim exigebat ex singulis decuriis sui Comitatus quas Tethingas Saxones appellabant Sic ex Hundredis Hundred-penny Spel. Pence of the Hundred Cam. Brit. fol. 223. Hundred-setena Et habeant Socam Sacam on Strond on Streme on wode on felde Grithbrice Hundred-setena Adas Ordelas c. Carta Edgari Regis Monast Glaston Anno 12 regni Mon. Angl. 1. p. fo 16. b. Saeta or Setena in composition signifies Dwellers or Inhabitants Debent habere constitutionem Hundredi quod Angli dicunt Hundred-setene Text. Roff. Hurst Sax. Hyrst A Wood or Plump of Trees Huscarle Sax. A Domestic Servant or one of the Family The word is often found in Domesday where we find the Town of Dorchester paid to the use of Houscarles one Mark of silver See Karles Hus Hant. Quidam H. P. captus per querimoniam Mercatorum Flandriae imprisonatus offert Domino Regi Hus Hant in plegio ad standum recto ad respondendum praedictis mercatoribus omnibus aliis qui versus eum loqui voluerint Et diversi veniunt qui manucapiunt quod dictus H. P. per Hus Hant veniet ad summonitionem Regis vel concilii sui in Curia Regis apud Shepweye quod stabit ibi recto c. Placita Curiae Regis Anno 27 Hen. 3. rot 9. Quaere an non sit commune plegium sicut Jo. Do. Ric. Ro. see 4 Inst fol. 72. Huseans Fr. Houseau A kind of Boot or somewhat made of course cloth and worn over the Stocking in stead of a Boot a Buskin It is mentioned in the Stat. 4. Edw. 4. ca. 7. Husfastne from the Sax. Hus i. Domus Fast Fixus quasi domui fixus Is he that holdeth House and Land Et in franco plegio esso debet omnis qui terram tenet domum qui dicuntur Husfastne etiam alii qui illis deserviunt qui dicuntur Folgheres c. Bracton lib. 3. Tract 2. ca. 10. Some Authors corruptly write it Hurderefest Hurdesfest rectius Heordfeste which see in Gloss in decem Scriptor Husseling people In a Petition from the Borough of Leominster to King Edward the Sixth the Petitioners set forth that in their Town there were to the number of 2000 Husseling people c. that is 2000 Communicants For Husel in Saxon signifies the Holy Eucharist Hustings Hustingum from the Sax. Hus Domus thing causa quasi Domus causarum antiquissima celeberrima Londoniarum Civitatis Curia suprema the principal and highest Court in London 11 Hen. 7. ca. 21. and 9 Ed. 1. ca. unico Of the great antiquity of this Court we find this Honourable mention in the Laws of King Edward the Confessor Debet etiam in London quae est Caput regni legum semper Curia Domini Regis singulis Septimanis Die Lunae Hustingis sedere teneri Fundata enim erat olim aedificata ad instar ad modum in memoriam veteris magnae Troiae usque in hodiernum diem leges jura dignitates libertates regiasque consuetudines antiquae magnae Trojae in se continet Consuetudines suas una semper inviolabilitate conservat See Taylors Hist of Gavelkind p. 55. This Court is held before the Mayor and Aldermen of London Error or Attaint lies there of a Judgment or false Verdict in the Sheriffs Court as appears by Fitz. Nat. Br. fol. 23. Other Cities and Towns also have had a Court of the same name as Winchester Lincoln York Sheppey c. where the Barons or Citizens have a Record of such things as are determinable before them Fleta lib. 2. ca. 55. Stat. 10 Edw. 2. ca. unico See 4 Inst fol. 247. and Gloss in decem Scriptores on this word Hyde of Land See Hide Hyde-gyld Sax. Hyd-gyld A price or ransom paid to save ones skin from beating Also the same with Hidage Hyth Sax. A Port or little Haven to imbark or land Wares at as Queen-hyth Lamb-hythe c. New Book of Entries fo 3. de tota medietate Hithae suae apud Hengestesey cum libero introitu exitu c. Mon. Angl. 2 Par. fo 142. n. 40. I. JAck olim Wambasium erat tunica quod non ferro solido sed tunicis plurimo lino intextis muniebatur a kind of defensive Coat worn by Horsemen in Warr which some by tenure were bound to find upon any invasion See Hidage Jactivus Jectivus Lat. He that loseth by default Placitum suum neglexerit Jactivus exinde remansit Formul Solen 159. Jamaica Is one of the American Islands lying on the South of Cuba Its length from East to West about 50 Leagues and breadth 20 the middle of it under the 18th degree of Northern Latitude It was taken from the Spaniard by the English in the year 1655 and is mentioned in the Stat. 15 Gar. 2. ca. 5. Jamaica-wood mentioned 15 Car. 2. ca. 5. Is a kind of speckled or fine-grain'd Wood of which Cabinets are made called
indifferently out of the whole County by the Sheriff to consider of all Bills of Indictment preferred to the Court which they do either approve by writing upon them Billa Vera or disallow by writing Ignoramus such as they approve or finde as they term it if they touch life and death are farther referred to another Iury to be considered of because the Case is of such importance but others of less moment in Trespass or for misdemeanors are upon their allowance without more ado fined by the Bench except the party Traverse the Indictment or challenge it for insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Iury and in the later transmitted to the higher Court Lamb. Eiren. lib. 4. cap. 7. And presently upon the allowance of this Bill by the Grand Enquest a Man is said to be indicted such as they disallow are delivered to the Bench by whom they are forthwith cancelled The Petit Jury in Criminal Causes consists of Twelve Men at least and being impanelled do bring in their Verdict either guilty or not guilty whereupon the Prisoner if he be found guilty is said to be Convict and accordingly afterward receives his Judgment and Condemnation or otherwise is acquitted Those that pass upon Civil Causes real are so many as can conveniently be had of the same Hundred where the Land or Tenement in question lies or four at the least And they upon due examination of the Matter bring in their Verdict either for the Demandant or Tenant Of this see Fortescu cap. 25 26 27. According to which Judgment passeth afterwards in the Court where the Cause first began and the reason hereof is because these Justices of Assise are in this Case for the ease of the Countrey onely to take the Verdict of the Jury by vertue of the Writ called Nisi Prius and so return it to the Court where the Cause is depending See Nisi Prius and Enquest Juridical Days Dies Juridici Days on which the Law is administred days in Court See Dies Juris utrum Is a Writ which lies for the Incumbent whose Predecessor hath alienated his Lands or Tenements the divers uses whereof see in Fitz. Nat. Br. fol. 48. Jurisdiction Jurisdictio Is an Authority or Power which a Man hath to do justice in Causes of Complaint made before him Of which there are two kindes the one which a Man hath by reason of his Fee and by vertue thereof does right in all Plaints concerning the Lands of his Fee the other is a Jurisdiction given by the Prince to a Bailiff Which Division I have in the Custumary of Normandy cap. 2. which is not unapt for the practise of our Commonwealth for by him whom they call a Bailiff we may understand all that have Commission from the Prince to give Judgment in any Cause See Sir Edw. Cokes Prâ—â—mium to his 4 Inst Jus Coronae the Right of the Crown Is part of the Law of England and differs in many things from the General Law concerning the Subject Vid. Coke on Littl. fol. 15. b. Jus Curialitatis Angliae See Curtesie of England Jus Patronatus Is the Right of presenting a Clerk to a Benefice See the New Book of Entries verbo Jure Patronatus in Quare impedit fol. 465. col 3. Justes Fr. Jouste i. Decursus Were contentions between Martial-men and Persons of Honor with Spears on Hors-back by way of exercise Anno 24 Hen. 8. cap. 13. Edictum Regis Edw. 1. prohibendo sub forisfacturd omnium quae forisfactae possint quod non Torneant Bordeant Adventuras Querant Justus faciant seu ad arma presumant fine Licentia Regis Pas 29 Edw. 1. Essex 101. Justice Justiciarius Signifies him that is deputed by the King to administer justice and do right by way of Judgment The reason why he is called Justice and not Judex is because in ancient time the Latin word for him was Justicia and not Justiciarius as appears by Glanvil lib. 2. cap. 6. and Hoveden fol. 413. aâ— Secondly Because they have their Authority by deputation as Delegates to the King and not Jure Magistratus and therefore cannot depute others in their stead the Justice of the Forest onely excepted who hath that liberty especially given him by the Statute 32 Hen. 8. cap. 35. For the Chancellor Marshal Admiral and such like are not called Justiciarii but Judices Of these Justices we have divers sorts in England the manner of their Creation with other Appurtenances read in Fortescu cap. 51. These in Mag. Char. cap. 12. and other Statutes are called Justicers Cheif Justice of the Kings Bench Capitalis Justicia vel Iusticiarius Banci Regii Hath the Title of Lord whilest he enjoys his Office and is called Capitalis Iusticiarius because he is the cheif of the rest His Office is specially to hear and determine all Pleas of the Crown that is such as concern offences committed against the Crown Dignity and Peace of the King as Treasons Felonies Mayhems and such like which you may see in Bracton lib. 3. tract 2. per totum And in Stanf. Pleas of the Crown He also with his assistants hears all Personal Actions incident to his Jurisdiction See Sir Edw. Cokes 4 Inst fol. 74. who says The Cheif Iustice of this Court was anciently created by Letters Patent but now by Writ in this form Rex c. I. K. militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad Placita coram nobis tenenda durante bene placito nostro Teste c. Of the ancient Dignity of this Cheif Iustice thus Liber niger siscalis cap. 4. In Scaccario residet imâ— praesidet primus in regno Capitalis scilicet Justicia In the time of King Iohn and others of our ancient Kings it often occurs in Charters of Priviledges Quod non ponatur respondere nisi coram nobis vel Capitali Justicia nostra The Oath of the Iustices see in the Stat. 18 Edw. 3. stat 4. And in Origines Iuridiciales a Catalogue of all the Lord Cheif Iustices of England See Kings Bench. Cheif Justice of the Common Pleas Hath also the Title of Lord whilest he enjoys his Office and is called Dominus Iusticiarius Communium Placitorum who with his Assistants did originally and do yet hear and determine all Causes at the Common Law that is all Civil Causes as well personal as real between common persons wherefore it was called The Court of Common Pleas in distinction from The Pleas of the Crown or the Kings Pleas which are special and appertaining to him onely This Court was appointed to be in a setled place and not as other Courts to follow or attend the Kings Court or Palace as appears by the Stat. 9 Hon. 3. cap. 11. Of its Jurisdiction see 4 Inst fol. 99. The Iustices Oath see 18 Edw. 3. stat 4. Justice of the Forest Iusticiarius Forestae Is also a
Mint see in Cowels Interpreter verbo Mint Minute tythes Minutae sive minores decima Small Tythes such as usually belong to the Viccar as of Herbs Seeds Eggs Honey Wax c. See 2 Part Inst fo 649. and Udal Tindals case Hill 22 Jac. where the tyth of Woad was adjudged to be minuta decima 3 Part Crokes Rep. fo 21. See Tithes Misaventure or Misadventure Fr. Mesadventure i. Infortunium Has an especial signification for the killing a man partly by negligence and partly by chance As if one thinking no harm carelesly throwes a stone or shoots an Arrow wherewith he kills another In this case he commits not Felony but onely loseth his goods and has a Pardon of course for his life Stam. Pl. Cor. lib. 1. ca. 8. Britton ca. 7. distinguishes between Aventure and Misavonture The first he makes to be meer chance as if a Man being upon or near the Water be taken with some sudden sickness and so fall in and is drowned or into the fire and is burnt Misaventure he says is where a man comes to his death by some outward violence as the fall of a Tree the running of a Cart-wheel the stroke of a Horse or such like So that Misadventure in Stamfords opinion is construed somewhat more largely then Britton understands it West part 2. Symbol tit Inditement Sect. 48 49. makes Homicide casual to be meerly casual or mixt Homicide by meer chance he defines to be when a man is slain by meer fortune against the mind of the killer as if one hewing the Axe flies off the haft and kills a man And this is al one with Brittons Misaventure Homicide by chance mix'd he defines Sect. 50. to be when the killers ignorance or negligence is joyned with the chance as if a man lop Trees by a high-way side in which many usually travel and cast down a Bough not giving warning c. by which Bough a man is slain Miscognisant Ignorant or not knowing In the Stat. 32 Hen. 8. ca. 9. against Champertie and Maintenance It is ordained that the Justices of Assise shall twice in the year in every County cause open Proclamation to be made of this present Act and of every thing therein contained c. to the intent that no person should be ignorant or miscognisant of the dangers and penalties therein contained Miscontinuance Kitchin fo 231. the same with Discontinuance which see Mise A French word signifying expence or disbursement sometimes written Missum in Lat. and sometimes Misa has divers significations first it is a kind of honourable gift or customary present with which the People of Wales are wont to salute every new King and Prince of Wales at their entrance into that Principality It was anciently given in Cattel Wine and Corn for sustentation of the Princes Family but when that Dominion was annexed to the English Crown the Gift was changed into Money and the Summ is 5000 l. Sterling or More and it hapned to be thrice paid in King James's Reign First at his own coming to the Crown and that Principality Secondly when Prince Henry was created Prince of Wales And Thirdly When King Charles the First succeeded him in that Principality Anno 27 Hen. 8. ca. 26. it is ordained That Lords Mayors shall have all such Mises and profits of their Lands as they have had in times past c. Misae etiam dicuntur praestationes illae quas ob fruendas pristinas immunitates Cestriae Palatinatus subditi novo cuique Comiti impendunt i. 3000 Marks for that County Sometimes Mises are taken for Taxes or Tallages Anno 25 Edw. 1. ca. 5. Sometimes for Costs or Expences as pro misis custagiis for Costs and Charges in the Entries of Judgments in personal Actions Mise is also a word of Art appropriated to a Writ of right so called because both parties have put themselves upon the meer right to be tryed by the grand Assise or by Battel so as that which in all other Actions is called an Issue in a Writ of Right in that case is called a Mise But in a Writ of Right if a collateral point be tryed there it is called an Issue and is derived from missum because the whole cause is put upon this point Coke on Litt. fol. 294. b. Anno 37 Ed. 3. ca. 16. To joyn the Mise upon the Meer is as much as to say to joyn the Mise upon the cleer right and that more plainly to joyn upon this point whether has the more right the Tenant or Demandant Mise is sometimes used as a Participle for cast or put upon Cokes 6 Rep. Saffins Case and sometimes corruptly for Mease a Messuage or Tenement As a Mise-place in some Mannors is taken to be such a Messuage or Tenement as answers the Lord a Herriot at the death of its owner 2 Inst fo 528. which in our French is written Mees Ceste Endenture temoigne que come Will. Terrye de Dounham tiegne de Johan de Veer Coonte d'Oxenford un Mees sys acres de terre c. dat 14 Ed. 3. penes Wil. Andrew Baronet Miserere Is the name and first word of one of the Paenitential Psalmes most commonly that which the Ordinary gives to such guilty Malefactors as have the benefit of the Clergy allowed by Law and it is usually called the Psalm of mercy Misericordia Is used for an Arbitrary Amerciament or Punishment imposed on any Person for an offence For where the Plaintiff or Defendant in any Action is amerced the Entry is always Ideo in misericordia c. And it is called Misericordia as Fitzherbert says Nat. Br. fol. 75. for that it ought to be but small and less then the offence according to the tenor of Magna Charta cap. 14. Therefore if a Man be unreasonably amerced in a Court not of Record as in a Court Baron c. there is a Writ called Moderata Misericordia directed to the Lord or his Bailiff commanding them that they take Moderate Amerciaments according to the quality of the fault Est enim misericordia Domini Regis says Glanvile quà quis per juramentum legalium hominum de viceneto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat And again Mulcta lenior sic dicta quòd lenissima imponitur misericordia graviores enim mulctas Fines vocant atrocissimas Redemptiones See Glanv pag. 75. a. And see Moderata Misericordia He shall be in the great Mercy of the King Westm 1. cap. 15. Misfeasans Misdoings or Trespasses Jury to enquire of all Purprestures Misfeasans 2 Part Croke fol. 498. And Misfeasor a Trespasser 2 Inst fol. 200. Mishering Est de estre quit de amerciemenz pur quereles en aucun Courts devant qui que il seyt nent ordinament ou proprement demonstre MS. LL. Temp. E. 2. See Abishersing and Miskering Miskenning Meskenninga LL. Hen. 1. cap. 12. Iniqua vel injusta in jus vocatio inconstanter loqui in
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
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. 〈◊〉 Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
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
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