Money is not to be accounted Goods or Catals nor Hawks nor Hounds for they are ferae naturae But it seems that Money is not a Chattel because it is not in it self valuable but rather in imagination than in Deed. Catals are either real or personal Catals real are either such as do not immediately appertain to the person but to some other thing by way of dependance as a Box with writings of Laud the body of a Ward the Apples upon the tree or the Tree it self growing upon the ground Crom. fol. 33. b. Or else such as are issuing out of some thing immovable to the person as a Lease for Rent or term of years Personal may be so called in two respects The one because they belong immediately to the person of a man as a Horse c. The other because when they are wrongfully detained we have no other means for their recovery but personal Actions The Civilians comprehend these things and also Lands of all natures and tenures under the word Goods which are by them divided into Moveable and Immovable See Bract. lib. 3. c. 3. num 3 4. Cepi corpus CEpi corpus is a Return made by the Sheriff that upon an Exigend or other Writ he has taken the body of the party F N. B. fol. 26. Certificate CErtificate is a Writing made in some Court to give notice to another Court of something done there as a Certificate of the cause of Attaint is a transcript briefly made by the Clerks of the Crown Clerks of the Peace or Clerks of Assise to the Court of Kings Bench containing the tenor and effect of every Indictment Outlawry or Conviction and Clerk attainted made or declared in any other Court But note that this Certificate ought to be made by him that is the immediate Officer to the Court and therefore if the Commissary or Official of the Bishop certifie an Excommunication in bar of an action at the Common Law this is not good as was resolved in Coke lib. 8. fol. 68. but such Excommunication ought to be certified by the Bishop himself Yet the Certificate of an Excommunication by special Commissioners Delegates under their Common Seal was allowed and held good enough in the Common-place Dyer fol. 371. pla 4. Certification of Assise CErtification of Assise of Novel disseisin c. is a Writ awarded to re-examine or review a matter passed hy Assise before any Iustices and is used when a man appears by his Bailiff to an assise brought by another and loses the day and having some other matter to plead farther for himself as a Deed of Release or c. which the Bailiff did not plead or might not plead for him desires a better Examination of the Cause either before the same or other Iustices and obtains Letters Pa â— ents see their form F. N. B. 181. and then brings a Writ to the Sheriff to call the party for whom the Assise had passed and also the Iury which was impannelled upon the same Assise before the said Iustices at a day and place certain And it is called a Certificate because therein mention is made to the Sheriff that upon the parties complaint of the defective Examination or doubts remaining yet upon the Assise passed the King hath directed his Letters Patents to the Iustices for the better certifying of themselves whether all the points of the said Assise were duly examined or not Certiorari CErtiorari is a Writ that lies where a man is impleaded in a base Court that is of Record and he purposes that he may not have equal Iustice there then upon a Bill in the Chancery comprising some matter of Conscience he shall have this Writ to remove all the Record into the Chancery there to be determined by Conscience but if he prove not his Bill then the other party shall have a Writ of Procedendo to send again the Record into the base Court and there to be determined And it lies in many other cases to remove Records for the King as Indictments and others This Writ is also granted out of the Court of Kings Bench or Common Pleas to remove any Action thither out of Inferior Courts of Record and so the Plaintiff must declare and proceed in the Superior Court Also to certifie original writs or proceedings out of any Courts of Record into the Kings Bench where nullum tale Recordum is pleaded Also upon Writs of Error of a Iudgment in the Common Pleas each party may have this Writ to bring any of the Proceedings into the Kings Bench upon alledging Diminution as appears Coke Entr. 232 233 242. 2 Cro. 131 479. Cessavit CEssavit is a Writ that lies where my very Tenant holds of me certain Lands or Tenements yielding certain Rent by the year and the Rent is behind for two years and no sufficient Distress may be found upon the Land then I shall have this Writ by which I shall recover the Land But if the Tenant come into the Court before Iudgment given and tender the Arrearges and Damages and find Surety that he shall cease no more in payment of the said Rent I shall be compelled to take the Arrerages and the Damages and then the Tenant shall not lose the Land The heir may not maintain this Writ for Cessure made in the time of his Ancestor And it lies not but for Annual service as Rent and such other and not for Homage and Fealty Also there is another Writ called Cessavit de cantaria which lies where a man gives Land to a House of Religion to find for the soul of him his ancestors and his heirs yearly a Candle or Lamp in the Church or to say Divine Service feed the poor or other Alms or to do some other thing then if the said Services be not done in two years the Donor or his Heirs shall have this Writ against whosoever holds the things given after such Cessure See the Statute W. 2. cap. 41. Cession CEssion is when an Ecclesiastical Person is created Bishop or when a Parson of a Parsonage takes another Benefice without dispensation or otherwise not qualified c. In both cases their first Benefices are become void and are said to become void by Cession And to those that he had who was created Bishop the King shall present for that time whosoever is Patron of them And in the other case the Patron may present See 41 E. 3. 5. 11 H. 4. 37. Cestuy a que vie cestuy a que use CEstuy a que vie is he for whose life another holds an estate and cestuy a que use is he who is a Feoffee for the use of another Challenge CHallenge is an Exception taken either against Persons or Things Persons as in an Assise the Iurors or any one or more of them or in case of Felony by the Prisoner at the Bar against Things as a Declaration Old N. B. 76. Challenge made to the Jurors is either made to the Array or
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest
Law is if the Tenant holds of his Mesne by like Service as the Mesne holds over of the Lord and the Tenant doth or pays his Services to the Mesne but the Mesne doth not his Services to the chief Lord wherefore he distrains the Beasts of the Tenant In this case the Mesne for the equalness of the Services ought to acquit the Tenant of the Service due unto the Lord. Also there is Acquital in Law acquital in fact Acquital in Law is when two are appealed or indicted of Felony the one as Principal the other as Accessory the Principal being discharged the Accessory by consequence is also acquitted And in this case as the Accessory is acquitted by the Law so is the Principal in Fact Stamf. pl. cor fol. 168. Acquittance ACquittance is a Discharge in Writting of a Sum of money other Duty which ought to be paid or done As if one be bound to pay money upon Obligation or Rent reserved upon a Lease or such like and the party to whom the money or duty should be paid or done upon the Receipt thereof or upon other agreement between them had makes a writing or Bill of his hand in discharge thereof witnessing that he is paid or otherwise contented and therefore doth acquit and discharge him of the same Which Acquittance is such a Discharge and Bar in the Law that he cannot demand and recover the sum or duty again if he produce the Acquittance This word differs from that which in the Civil Law is called Acceptation because that may be by word without writting and is nothing but a feigned Payment and discharge though no payment be had Nor can it be said to be Apocha which is a witnessing the payment or delivery of money whch disscharges not unless the money be paid Acre ACre is a certain parcel of Land that contains in length forty Perches and in breadth four Perches or of this quantity be the length more or less And if a man will erect a new Cottage he ought to lay four Acres of Land unto it according to this measure 31 Eliz. cap. 7. And with this measure agrees Master Crompton in his Jurisdiction of Courts fol. 222. Yet he saith that according to divers customs of several Countries the Perch differs being in some places and most usually but sixteen foot and an half But in the County of Stafford the Perch is twenty four foot as was heretofore adjudged in the Exchequer In the Stat. made an 24 H. 8. c. 14 for the sowing of Flax 166 Perches make au Acre The Ordinance of Measuring of land made an 34 E. 1. St. 1. agrees with this account Action ACtion is the form of a Suit given by the Law to recover a thing as an Action of Debt and such like or as it is Co. 8. f. 151 a. An Action is a right of prosecuting to judgment that which is due to any one See the Lexicon of the Law for Action Action of a Writ ACtion of a Writ is a phrase of speech used when one pleads some matter by which he shews that the Plaintiff had no cause to have the writ which he brought and yet it may be that he may have another writ or Action for the same matter Such a Plea is called a Plea to the Action of the Writ whereas if by the Plea it should appear that the Plaintiff hath no cause to have an Action for the thing demanded then it shall be called a Plea to the Action Action upon the Case ACtion upon the Case is a writ brought against one for an offence done without force as for not performing promise made by the Defendant to the Plaintiff or for speaking of words by which the Plaintiff is defamed or for other misdemaenour or deceit where the whole case shall be contained in the Writ Trover Nusance Slander of the person Trade Title Escape on mesne Process For negligent keeping Fire for inartificial performing work for turning an ancient Water-course for a Commoner against one who digs the soil of his Common or puts his Cattel into it without right or incloses part of the Cemmon Action mixt ACtion mixt is a Suit given by the Law to recover the thing demanded and damages for the wrong done as in Ass of Novel dis which Writ if the Disseisor make a Feoffm to another the Diseissce shall have against the Disseissor and the Feoffee or other Tertenant and thereby shall recover his Seissn of the land and his damages for the mean profits and for the wrong done him And so is an Action of Waste Quare impedit But an Action of Detinue is not called an Action mixt although by it the thing withheld is demanded and shall be recovered if it may be found and damages for the withholding and if it cannot be found then damages for the thing and the detaining But that is called only an Action personal because it should be brought only for Goods and Chattels or Charters Action upon the Statute ACtion upon the Statute is a Writ founded upon any Statute whereby an Action is given to one in any case where no action was before As where one commits perjury to the prejudice of another who is indamaged shall have a Writ upon the Statute and his case And the difference between an Action upon the Statute and Action popular is That where the Statute gives the Suit or Action to the party grieved or otherwise to one person certain that is called Action upon the Statute But where by the Statute Authority is given to every one that will to sue that is termed Action popular Actions personal ACtions personal are such Actions whereby a man claims debt or other Goods and Chattels or damage for them or damages for wrong done to his person and it is properly that which in the Civil Law is called Actio in personam which is brought against him who is bound by Covenant or Default to give or grant any thing Action Popular ACtion popular is an Action given upon the breach of some penal Statute which Action every man that will may sue for himself and the King by information or otherwise as the Statute allows and the case requires Aud of these Actions there are an infinite number but one for example as when any of the Iury that are impannelled and sworn to pass between party and party indifferently do take any thing of the one side or other or of both parties to say their Verdicts on that side then any man that will within the year following the offence may sue a writ called Decies tantum against him or them that so did take to give his Verdict And because this Action is not given to one especially but generally to any of the Kings people that will sue it is called an Action popular But in this case when one hath begun to pursue an Action no other may sue it and in this as it seems it varies from an Action popular by the Civil
have any real or personal Action concerning land but in every such Action the Tenant or Defendant may plead that he was born in such a place which is not within the Kings liegeance and demand judgment if he shall be answered Every alien friend may by the Common Law have and get within this realm by gift trade or other lawful ways any treasure or personal goods whatsoever as well as any Englishman and may maintain any Action for the same But Land within this realm or houses if not for their dwelling only Alien friends connot have nor get nor maintain any Action real or personal for any Land or House unless the House be for their necessary dwelling An Alien enemy cannot maintain any Action nor get any thing within this Realm And the reasons why aliens born are not capable of inheritance within England are 1. The Secrets of the Realm may by this be discovered 2. The Revenues of the Realm shall be taken and injoyed by Strangers born 3. This will tend to the destruction of the Realm First in the time of war for then Strangers may fortifie themselves in the heart of the Realm and set in combustion the Common-wealth Secondly in the time of peace for by such means many Aliens born may get a great part of the Inheritance and free-hold of the Realm by which there would ensue a want of Iustice the supporter of the Common-wealth for this that Aliens cannot be returned of Iuries nor sworn for the tryal of Issues between the King and Subject or between Subject and Subject Vide Coke lib. 7. Calvins Case Alienation ALienation is as much to say as to make a thing another mans or to alter or put the possession of Lands or other things from one man to another And in some cases a man hath power in himself so to do without the assent or licence of any other and in some not As if Tenant in chief alien his estate without the Kings licence then by the St. of 1 Ed. 3. c. 12. a reasonadle Fine shall be taken where at the Common Law before the said St. the Lands and tenements held in chief of the K. and aliened without licence have been held forfeited And if the K's Tenant that holds in chief intended to alien unto C. to the use of D. and hereupon if he purchase Licence to alien to C. and accordingly aliens to C. to the use of D. which use is not mentioned in the Licence in this case he shall pay but one Fiue for it is but one Alienation Coke lib. 6 fol. 28. But if a man will alien Lands in Fee-simple to an House of Religion or to a body incorporate it behoves him to have the Kings Licence to make this Grant or Alienation and the chief Lords of whom such lands are held c. otherwise the land so alienated in Mortmain shall be forfeited by the Statute of 15 R. 2. cap. 5. Allay ALlay is the Temper or mixture of Gold and Silver with baser metal for the increasing the weight of it so much as might countervail the Kings charge in the coyning This word is used in the Statute of 9 H. 5. cap. 11. for the payment of English Gold by the Kings weight Almner ALmner is an Officer of the Kings house whose Office is to distribute the Kings Alms every day and to that purpose he hath the collecting of all Forfeitures of Deodands and of the goods of Felons de se which the King allows him to dispose in Alms to the poor And of his Office see Flets lib. 2. cap. 22. Almoin ALmoin See Aumone Alnager ALnager is an Officer of the Kings who by himself or by his Deputy looks to the Assise of all Cloth made of Wool throughout the Land and to put a Seal for that purpose ordained unto them 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. And he is to be accomptable to tae King for every Cloth that is so sealed in a Fee or Custom hppertaining to it Altarage ALtarage in Latin Altaragium signifie Duties and Offerings to holy Altars mention'd 2 Cro. Rep. 516. that a Vicarage was endowed with it and small Tythes Ambidexter AMbidexter is he that when a matter is in suit between men takes money of the one side and of the other either to labour the Suit or such like or if he be of the Iury to give his Verdict Amendment AMendment is When Error is in the Process the Iustices may amend it after Iudgment But if there be Error in giving Iudgment they may not amend it but the party is put to his Writ of Error And in many cases where the default appears in the Clerks that writ the Record it shall be amended but such things as come by information of the party as the Town Mystery and such like shall not be amended for he must inform true upon his peril Amercement AMercement most properly is a Penalty assessed by the Peers or equals of the party amerced for an offence done as for want of Suit of Court or for not amending someting that he was appointed to redress by a certain time before or for such like cause in which case the party who offends puts himself in the mercy of the King or Lord and thereupon this Penalty is called Amerciament And there is a difference between Amerciaments and Fines Kitch 214. For Fines are Punishments certain which grow expressy from some Statute and Amerciaments are such which are arbitrarity imposed by the Affeerors which Kitchin seems to confirm fol â— 8. in these words The Amerciament is affeered by Equals Also it appears Coke lib. 8. fol. 39. That a Fine is always imposed and assessed by the Court but Amerciament which is called in Latin Misericordia is assessed by the Country Another diversity there is as if a man be convict before the Sheriff of the County of a Recaption he shall be only amerced but if he be convict of this in the Common Bench he shall be fined And the reason of this diversity is That the County Court is not a Court of Record and therefore cannot impose a Fine for no Court can impose a Fine but such a Court as is of Record Cok. lib. 8. fol. 41. a. If the Defendant or Tenant plead a false Deed to him or deny his own Deed and this is found against him or he leaving his own Verification acknowledges the Action he shall be fined for his falsity because we ought to be sure of our own Acts. But if one deny the Deed of his Ancestor and this is found against him yet he shall not be fined but amerced only because it was the act of a Stranger Co. lib. 8. fol. 60. a. see more there Amercement royal AMercement royal is when a Sheriff Coroner or other such Officer of the King is amerced by the Iustices for his abuse in the Office Learn if it should not be called a Fine Amoveas manus AMoveas manus See Ouster le
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
Executors he that doth appear by Distress shall answer doth extend by Equity to Administrators for such of them as appear first by Distress shall answer by Equity of the said Act because they are of the like kind So likewise the Statutes of Gloucester gives the Action of Waste and the Penalty of it against him that holds for Life or Years and by the Equity thereof a man shall have an Action of Waste against him that holds but for one year or half a year yet this is without the words of the Statute for he that holds but for half a year or one year doth not hold for years but that is the meaning and the words that Enact the one by Equity Enact the other Errant ERrant id est Itenerans comes from the French word Errer id est Errare or if the old word Erre id est Iter and is appropriated unto Iustices that go Circuit and to the Bailiffs at large who are therefore called Justices Errants and Bailiffs Errants because they go and travel from place to place the one to do Iustice and the other to execute Process See Eire Error ERror is a Fault in Iudgement or in the Process or Proceeding to Iudgment or in the Execution upon the same in a Court of Record which in the Civil Law is called a Nullitie Error is also the name of a Writ that lies where Iudgment is given in the Common place or before the Iustice in Assise or Oyer and Terminer or before the Major and Sheriffs of London or in other Court of Record against the Law or upon undue and ill Process then the party grieved shall have this Wrft and thereupon cause the Record and Process to be removed before the Iustices of the Kings Bench and if the Error be found it shall be reversed But if an erroneous Iudgment be given in the Kings Bench then it could not be reversed but by Parliament until the Statute of 27 Eliz. cap. 8. Also if such a Default in Iudgment be given in a Court not of Record as in a County Hundred or Court-Baron the party shall have a Writ of False Iudgment to cause the Record to be brought before a Iustice of the Common-place Also if Error be found in the Exchequer it shall be redressed by the Chancellor and Treasurer as it appeas by the Statute E. 3. an 31. c. 12. 31 El. c. 1. Also there is another Writ of Error upon a Iudgment in the Kings Bench and that is where the Plaintiff assign matter of Fact for Error And this lies in the same Court for this Court can redress their Errors in Fact but not their errors in Law But the Court of common B. cannot do so Escape EScape is where one that is arrested comes to his liberty before he be delivered by Award of any Iustice or by order of Law Escape is in two sorts voluntary and negligent Voluntary Escape is when one doth arrest another for Felony or other Crime and after he in whose custody he is lets him go where he will And if the Arrest were for Felony then shall it be Felony in him that suffered the Escape if for Treason then Treason in him and if for Trespass then Trespass and so in all other When one is arrested after escapes against the will of him that did arrest him and is not freshly pursued and taken before the pursuer loses the sight of him this shall be said a negligent Escape notwithstanding that he out of whose possession he escaped do take him after he lost sight of him A so if one be arrested and after escape and is at his liberty and he in whose ward he was take him afterward and bring him to the prison yet it is an Escape in him If a Felon be arrested by the Constable and brought to the Goal in the County and the Goaler will not receive him and the Constable lets him go and the Goaler also and so he escapes this is an Escape in the Goaler for that in such case the Goaler is bound to receive him by the hand of the Constable without any Precept of the Iustice of Peace But otherwise it is if a common person arrest another upon suspicion of Felony there the Goaler is not bound to receive him without a Precept of some Iustice of Peace There is an Escape also without an Arrest as if Murder be made in the day and the Murderer be not taken then it is an escape for which the Town where the Murder was done shall be amerced And it is to be observed That a man may be said to escape notwithstanding he always continues in Prison As if a man be in Prison upon two Executions at the Suit of two several men and the old Sheriff delivers over this Prisoner to the new Sheriff by Indenture according to the usual course and in the said Indenture makes no mention of one of the said Executions this Omission shall be said an Escape in Law instantly for which the Old Sheriff shall answer although the Execution was matter of Record whereof the new Sheriff might have taken notice But otherwise it is where the old Sheriff dies for in such case it behoves the new Sheriff at his peril to take notice of all the Executions that are against any person that he finds in the Gaol But in the said Case where the Sheriff dies and before another is made one that is in Execution breaks the Gaol and goes at large this is no Escape for when a Sheriff dies all the Prisoners are in the custody of the Law until a new Sheriff be made See Coke lib. 3. fol. 72. If the Sheriff upon a Capias ad satisfaciendum to him directed makes Return That he hath taken the Body and yet hath not the Body in Court at the day of the Return the Plaintiff may have his Action against the Sheriff for the Escape although the party so taken be in the Gaol See 7 H. 4. 11. Br. 107. Escheat EScheat is where a Tenant in Fee-simple commits Felony for which he is hanged or abjured the Realm or Outlawed of Felony Murder or Pety Treason or if the Tenant die without Heir general or special then the Lord of whom the Tenant held the Land may enter by way of Escheat or if any other enter the Lord shall have against him a Writ called a Writ of Escheat Escheator EScheator is the name of an Officer that observes the Escheats of the King in the County whereof he is Escheator and certifies them into the Exchequer This Officer is appointed by the L. Treasurer and by Letters Patents from him and continues in his Office but one year neither can any be Escheator but once in three years An. 1. H. 8. cap. 8. and an 3 ejusdem cap. 2. See more of this Officer and his Authority in Crompton's Justice of Peace See An. 21 Ed. 1. The form of the Oath of the Escheator see in the Regist orig fol. 301. b.
between Rent and Common is good and that ought to be by Deed. Also it behoves alway that this word Exchange be in the Deed or else nothing passes by it except he have Livery and Seisin Exchequer EXchequer See Exchequer Excommengement EXcommengement is to say in Latine Excommunicatio and it is where a man by judgment in Court Christian is Excommenged by which he is disabled to sue any Action in the Kings Court and if he remain Excommunicate xl days and will not be justified by his Ordinary then the Bishop shall send his Letter Patent to the Chancellour to certifie this excommunication or contempt and thereupon the Sheriff shall be commanded to take the Body of him that is Accursed by a Writ called De Excommunicato capiendo till he hath made satisfaction to holy Church for the Contempt and Wrong and when he is justified the Bishop shall send his Letters to the King certifying the same and then the Sheriff shall be commanded to deliver him by a Writ called Excommunicato deliberando See the Statute 5 Eliz. cap. 23. Excommunication EXcommunication See Excommengement Execution EXecution is where Iudgment is given to any Action that the Plaintiff shall recover the Land Debt or Dammages as the case is and when any Writ is awarded to put him in possession or to do any other thing whereby the Plaintiff should the better be satisfied his Debt or Dammages that is called a Writ of Extention and when he hath the possession of the Land or is paid the Debt or Damages or hath the Body of the Defendant awarded to prison then he hath Execution And if the Plea be in the County or Court-Baron or Hundred and they defer the execution of the Iudgment in favor of the party or for other cause the Demandant shall have a Writ De Executione Judicii Note that in a Writ of Debt a man shall not have Recovery of any Lands but of those which the Defendant hath the day of the Iudgment yielded And of Chattels a man shall have execution only of the Chattels which he hath the day of the execution sued Executione facienda EXecutione facienda is a Writ commanding Execution of a Iudgment the divers uses whereof see in the Table of the Reg. Judic Executor EXecutor is when a Man makes his Testament and last Will and therein names the person that shall execute his Testament that is his Executor and is as much in the Civil Law as Haeres designatus or Testamentarius as to Debts Goods and Chattels of his Testator and such an Executor shall have an Action against every Debtor of his Testator and if the Executor hath Assets every one to whom the Testator was in Debt shall have an Action against him if he have an Obligation or Specialty but in every case where the Testator might wage his Law no Action lies against the Executor See hereof before in the Title Administrators And if any other person not made Executor take or sell the Goods of the deceased he may be sued as Executor of his own wrong in the same form as other Executor See the Statute of 30 Car. 2. cap. 7. Exemplification EXemplification is when a man will have any Original Record written out and exemplified forth of the Court where it remains to which purpose he may have a Writ as appiert by the Reg. orig f. 290. And if a man will plead a Record in other Court then where it remains it behoves him to have it exemplified under the Great Seal of England for if it be exemplified under the Seal of the Common Pleas Exchequer or such like it will not serve unless in Evidence to a Iury. See Coke l. 5. f. 53. See the Statute of 13 Eliz. cap. 6. and 23 El. 3. The force and use of Exemplifications of Patents c. Exemption EXemption is a priviledge to be Free from Service or Apparance and therefore a Baron Baronness by reason of their Dignity are exempted to be sworn upon any Inquest Coke l. 6. f. 53. Also Knights Clerks and Women are exempted to appear at Leets or the Sheriffs Tourn And that is by the Statute of Marlebridge c. 10. And a man may be exempted from being put upon Enquests and Iuries by the Kings Letters Patents as the President and Colledge or Commonalty of Physicians in London were by the Letters Patents of King H. 8. Coke l. 8. f. 108. Ex gravi querela EX gravi querela See before in the Title Devise Exigent EXigent is a Writ that lies where a man sues an Action personal and the Defendant cannot be found nor hath any thing within the County whereby he may be attached or distrained then this Writ shall go forth to the Sheriff to make Proclamation at five Counties every one after another that he appear or else that he shall be out-lawed and if he be outlawed then all his Goods and Chattels are forfeit to the King In an Indictment of Felony the Exigent shall go forth after the first Capias And in a Capias ad computandum or ad satisfaciendum and in every Capias that goes forth after Iudgment the Exigent shall go forth after the first Capias And also in Appeal of Death but not in an Appeal of Robbery or Mayhem With this Exigent issueth also a writ by the Statute of 13 El. cap. 3. to make three Proclamations against the Defendant which is not in Exigents after Iudgment Exigenter EXigenter is an Officer of the Common Pleas of which there are four They make out all Exigents and Proclamations in all Actions in which process of Outlawry lies And they make writs of Supersedeas as well as the Preignotaries upon such Exigents as were made in their Office Of this Officer there is mention made in the Statutes of 10 H. 6. c. 4. 18 H. 6. c. 9. Ex mero motu EX mero motu are words frequently used in the Kings Charters whereby he signifies that he doth that which is contained in the Charter of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to bar all exceptions that might be taken to the Instrument wherein they are contained by alledging that the King in passing that Charter was abused by any false Suggestion Kitch f. 151. And when the Kings Charter hath therein these words it shall be taken most strongly against the King therefore if the King ex mero motu pardon to B. all his debts all the debts that B. ows as Sheriff are by this pardoned and in like manner it is in many other cases where these words shall be taken as strongly against the Kings as if a common person had made the Grant See Coke l. 1. f. 45. Ex parte talis Ex parte talis See before Tit. Account Expeditate EXpeditate is a word often used in the Forrest signifying to cut out the Balls of great Dogs feet for preservation of the Kings Game And
grantus ou le TenaÌ„t ê‘ courtesie ou Tenant pÌ„ term 〈◊〉 vie ou pÌ„ aut ' vie alien en fee ou en tail ou pur term daut ' vie Et il ad cest nosme pÌ„ ceo que les Clerks del Chancery ont ceo framÌ„ ê‘ lour comÌ„on consent ensemble al Brief appel In casu proviso accordant al auctority done al eux ê‘ le Statute de Westminister 2. cap. 24. que voit Quotiescunque evenerit in Cancellaria quod in uno casu reperitur Breve in Consimili casu indigente remedio concordent Clerici de Cancellari a de Brevi faciendo c. Et cest Brief est graÌ„t al cestuy en reversion vers le party a qÌ„ le dit Tenant issint alien a son prejudice en le vie del dit Tenant Veies pluis de ceo F. N. B. f. 206. Casu proviso CAsu proviso est done per le Stat. de Gloucester c. 7 Cest Brief gift lou Tenant en Dower alien en Fee ou a term de vie ou en tail la terre que el tÌ„ient en Dower ore cestuy que ad le ReversioÌ„ en Fee ou en Tail ou a termÌ„â— vie maintenant avera cest Br â— ve vers le Alienee ou cestuy qÌ„ est Tenant del franktenement del terre cÌ„ durant la vie le Tenant eÌ„ Dower F. N. B. fol. 205. n. Catals CAtals ou Chattels comprehend touts biens movable immovable forsque tiels que sont en nature de FranktenemÌ„t ou parcel de cÌ„ comÌ„ poit estre collect hors Stamf. Praerog ca. 16. an 1 El. c. 2. UncÌ„ Kitch fol. 32. dit que Mony nest deeÌ„ account biens ou Catals ne Espervers ne ChieÌ„s car ils sont ferae naturae Mes il semble qÌ„ Money nest Catal pÌ„ ceo qÌ„ nest de luy mÌ„ chose valuable mes pluis en imagination qÌ„ en Fait Catals sont ou real ou personal Catals real sont ou tiels que ne apperteinont immediatement al person mes al ascÌ„ auter chose ê‘ voy 〈◊〉 dependancie come un Boxe ove Chartes de terre le corps dun Gard les PomÌ„s sur l' arbrÌ„ ou l' Arbre mesme cressant sur le terre Crom. f. 33. b. Ou autermÌ„t tiels qÌ„ sont issuant hors â— ascÌ„ chose immoveable al person coÌ„e uÌ„ Lease pur Rent ou terme 〈◊〉 ans Personal polent estrÌ„ issint appel en deux respects Le un pÌ„ cÌ„ que ils appent immediatement al ê‘son 〈◊〉 uÌ„ hoÌ„e coÌ„e uÌ„ Chival c. lautrÌ„ pÌ„ cÌ„ que quant ils soÌ„t tortiousmeÌ„t deteigne nous ne avomÌ„ pas ascÌ„ aut ' means pur lour recoverie forsque per ê‘sonal Actions Les Civilians comprehendont ceux choses aux ' TrÌ„s de touts natures ou tenures desouth le parol Bona que est ê‘ eux divide in Mobilia Immobilia Vid. Br. lib. 3. c. 3. num 3 4. Cepi corpus CEpi corpus est un Return fait per le Viscount que sur un Exigend ou auter Brief il a pris le corps del partie Fitzb. Nat. br f. 26. Certificate CErtificate est un Escript fait en ascun Court a doner notice al auter Court dascÌ„ chose fait la come un Certificate del cause de Attaint est un traÌ„script briefmÌ„t fait ê‘ les Clerks del Corone Clerke del Peace ou Clerke de Assise al Court del Bank le Roy conteinant le tenor effect de chescÌ„ Indictment Utlagarie ou Conviction Clerk attaint fait ou declare en ascÌ„ auter Court Mes nota que cest Certificate doit estre falt ê‘ cestuy que est I'immediate Officer al Court pÌ„ cÌ„ si le Commissarie ou Official del Evesque certifie un Excommengement en barrÌ„ de un Action al Common Ley ceo nest bonÌ„ come fuit resolve en Coke lib. 8. fol. 68. mes tiel Excommengement doit estre certifie ê‘ le Evesque mesme Uncore le Certificate dun Excommengement ê‘ special CommissionÌ„s Delegates desouth lour common Seal fuit allow tenus assets bonÌ„e eÌ„ le Common Banke Dyer fol. 371. pla 4. Certification de Assise CErtification d'un Assise d' Novel disseisin c. est un Brief agard a re-examinÌ„ ou reviser uÌ„ chose passe ê‘ Assise devant ascÌ„ Justices est use quant home appiert ê‘ soÌ„ Bailife al un Assise port ê‘ un aut ' ê‘de le jour ayant ascÌ„ aut ' chose ouster a plea â— ê‘ luy mesme comÌ„ un Fait â— release ou c. que le Bailiff ne plederoit cu ne puit pleader pÌ„ luy apris un mieux Examination del Cause ou devant mesme les Justices ou auters acquire Letters Patents vide lour forme F. N. B. 181. donque port un BreÌ„ al Vicount 〈◊〉 appeller le party pÌ„ que le Assise ad pass auxi le Jury que suit impannel sur mesme le Assise devant les dits Justices a un jour lieu certain Et est appel un Certificate pÌ„ ceo que en ceo mention est fait al Vicount que sur le partles coÌ„plaint del defective Examination ou awrust uncore remainant lur le Assise passe le Roy ad direct ses Letters Patents a les Justic s pÌ„ le mieux certification 〈◊〉 lour mesmes ou touts les points del dit Assise fueront examin ou nemy Certiorari CErtiorari est un Brief que gist lou un est implead en un base Court que est de Record il suppose qÌ„ il ne poit aver equal Justice la donques sur un Bill en le Chancery comprisant ascun matter en Conscience il avera cest Brief pÌ„ remover tout le Record en le Chancery la destre determine ê‘ Conscience mes fil ne proya son Bill donques l' auter party avera un Brief de Procdendo a reman â— le Record en le base Court la destre determine Auxy il gist en plusors auters cases pur remover Records pur le Roy comÌ„ Indictments auters Cest Brief est auxy grant hors del Court del Bank le Roy ou Common Pleas a remover ascun Action al eux hors de inferior Courts de Record issint le Plaintiff doit declare proceed en le superior Court Auxy a certifyer Original Briefs ou proceeds hors dascuÌ„ Courts de Record en Bank le Roy ou Nullum tale Recordum est plede Auxy sur Briefs de Error dun Judgment en le Common Pleas chescun party poit aver cest Brief a remover ascun proceedings en Bank le Roy sur alleger diminution comÌ„ appiert Co. Ent. 232 233 242. 2 Cro. 131 479 Cessavit CEssavit est un Brief que gist lou mon verie Tenant tient de moy certain terres ou tenements rendant certain Rent per an le ReÌ„t est arrere
LES TERMES DE LA LEY OR Certain difficult and obscure Words and Terms of the Common Laws and Statutes of this Realm now in use expounded and explained Now Corrected and Enlarged With very great Additions throughout the whole Book never Printed in any other Impression Hor. Multa renascentur quae jam cecidere cadentque Quae nunc sunt in honore vocabula si volet usus LONDON Printed by W. Rawlins S. Roycroft and M. Flesher Assigns of Richard and Edward Atkins Esquires For G. Walbanke S. Heyrick J. Place J. Poole and R. Sare 1685. To the READER I Need not strive much to prove the necessity of this Book if you consider that the most accomplished Pleader that ever charm'd his Author with Eloquence and Reason began with it much less shall I have difficulty to shew its profitableness to any who looks about and sees how many fair Estates are every day gained by the Professors of this Noble Science to which this little Book must open the door and let them in But least of all need I suspect that whoever is convinced of these two Points its Necessity and Profitableness will fail to peruse and esteem it Though no name of any Authour appears to it yet my Lord Cook in his preface to his Tenth Report ascribes it to William Rastal that reverend Judge who was eminently knowing both in the Common and Statute Law of this Land as appears by the many Leraned Expositions and Excellent Cases which every where occur in it And we may probably guess it to be written by him originally in French only having some cause to suspect the Translation to be done by a less skilful Hand For though by the many Impressions of it and carelesness of Printers it has suffered much as other Books of like nature daily do yet some Objection lay against the Translator himself as to omit others Chapter is defined to be Locum in quo fiunt communes tractatus Collegiatorum which was Englished thus odly A Place wherein common Tracts of men Collegiate are made And for Errors of the Press they were very numerous and strangely unhappy as disseised for die seized Common Law for Canon Law deep for deer necessary for accessary tiel for viel rather for either owner for power c. In devastaverunt sans compulsion was Englished by compulsion In the word Gild two whole Lines were omitted in the English and the French imperfect so likewise in Garranty and other words There was also a mistake in Geography in the word Pape where Rome was said to be 1500 miles from hence full 500 too much And still as Impressions were iterated Errat's increased Besides the very many Faults which were thus crept into this Book it was so extreamly misalphabeted that some words could not be found without much difficulty I had almost said not at all for if the Reader finds not the word he seeks in its true place he commonly lays by the Book with despair To remedy these encreasing Evils I was willing to bestow my endeavour First by adding above an hundred Words with Explications in their proper places and making references to others where needful Secondly by Correcting the whole Work in what I found amiss and retrenching some antiquated and tautological Expressions as they occurred Thirdly by adding to some old words such late Statutes as alter or concern the Law established by them And lastly by digesting the whole into an exact Alphabet and taking care to prevent Errors of the Press That I intended well I can give you but my word how I have performed I make my Reader Judge Inner Temple T. B. TERMS OF THE LAW EXPOUNDED Abate ABate seems to come from the French Abbatre is to destroy or defeat utterly and has several significations As to Abate a Castle or Fortlet Old Natura brev fo 45. which in Westem 1. cap. 17. is interpreted to beat down And to abate a Writ is to defeat or overthrow it by some Error or Exception Britton cap. 48. And he that steps in between the former possessor and his Heir is said to abate in the Lands See Abatement Abatement of a Writ or Plaint ABatement of a Writ or Plaint is when an Action is brought by Writ or Plaint wherein is want of sufficient and good matter or else the matter alledged is not certainly set down or if the Plaintiff or Defendant or Place are misnamed or if there appear variance between the Writ and the Specialty or Record or that the Writ or the Declaration be uncertain or for Death of the Plaintiff or Defendant and for divers other like causes then upon those defaults the Defendant may pray that the Writ or Plaint may abate that is to say that the Plaintiffs Suit against him may cease for that time and that he shall begin again his Suit and bring a new Writ or Plaint if he be so disposed But if the Defendant in any Action plead a matter in Bar to annul the Action for ever he shall not come afterwards to plead in Abatement of the writ but if after it appear in the Record that there is some matter apparent for which the Writ ought to be abated then the Defendant or any person as a friend to the Court may well plead and shew it in Arrest of Iudgement See the titles of Writ Misnosmer and Variance in the Abridgements and the Book called The Digests of Writs in which this matter especially is very well handled There are also other matters Which abate and stay Actions and Writs that is to say Variance between the Writ and the Count. If the Plaintiff be an alien Enemy For want of naming the Defendant of what Town Trade or degree he is where the Suit is by Writ That a Woman Plaintiff is married before or hanging the Suit That the Plaintiff hath another Action depending for the same cause That the Writ is dated before the Action accrued For that the Defendant ought to be sued in another Court of which he is an Attorney or Officer For that the Land is ancient demesne For that the matter in Suit was done upon the high Sea in which case the Admiral hath Iurisdiction These csuses underneath do not abate the Writ or Action but suspend the prosecution for a time If the Plaintiff in Action personal be out-law'd or convicted of Recusancy or Excommunicated Vpon a Scire facias against ter ' tenants for Debt plea that there are other Lands liable to the same Debt which are not returned doth stay the Proceedings until they be also returned Abatement in Lands ABatement in Lands or Tenements is when a man dies seised of Lands or Tenements and one that hath no right enters into the same before the Heir this Entry is called an Abatement and he an Abator But if the Heir enter first after the death of his Ancestor and the other enter upon the possession of the Heir this last entry is a Disseisin to the Heir Look in
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
Augmentation remains to this day wherein there are many Records of great use and importance Aumone AUmone or Tenure in Almoin is Tenure by Divine Service for so says Britton fol. 164. Tenure in Aumone is Land or Tenements given for Aims whereof some Service is reserved to the Feoffer or Donor Auncel weight AUncel weight was an ancient manner of Weighing in England by the hanging of balances or hooks at each end of a staff which the party lifted up upon his finger or with his hand and so discerned the equality or difference of the things weighed But this weight being subject to much deceit many Statutes were made to out it as the Stat. of 25 E. 3. c. 9. 34 E. 3. c. 5. 8 H. 6. c. 5. and others And it was called Auncel weight as much as to say Handsale Weight Ancient or Ancient Demesne ANcient demesne is a certain Tenure whereby all those Manors that were in the hands of S. Edward the Confessor and which he caused to be written in a Book called Dooms-day sub titulo Regis and all the Lands holden of the said Manors are held and the Tenants shall not be impleaded out of the said Manors and if they be they may shew the matter and abate the Writ but if they answer to the Writ and Iudgment be given then the Lands become frank-free for ever until that Iudgment be reversed by writ of Disceit Ra. Ent. 100 221. 2 R. 1. 11 H. 4. 36. 21 E. 3. 20. Also the Tenants in Ancient demesne are free of T â— ll for all things concerning their sustenance and Husbandry in ancient Demesne and for such Lands they shall not be put or impannelled upon any Enquest But all the Lands in Ancient Demes â— e that are in the Kings hands are frank-free and pleadable at the Common Law See more after in the Title Sokmans Avoir de pois AVoir de pois is as much as to say true or just weight And it signifies in our Law Two things first a kind of weight diverse from that which is called Troy Weight which hath but 12 ounces to the pound whereas Avoir de pois hath 16. Secondly it signifies such Merchandises as are weighed by this weight and not by Troy weight As you may see in the Statute of York 9. E. 3. 27 E. 3. c. 19 Stat. 2. c. 10. and the Statute of Glocester 2 R. 2. c. 1. Avowry AVowry is where one takes a Distress for Rent or other thing and the other sues Replevin then he that hath taken it shall Iustifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking and that is called his Avowry But if he took it in or for the right of another then when he hath shewed the cause he shall make conusance of the taking as Bailiff or servant to whom in whose right took it Avowterer AVowterer is an Adulterer with whom a married woman continues in Adultery the Crime is called Avowtry 43 E. 3. 19. Awme AWme is a Vessel that contains 40 galons of Rhen â— sh wine and is mentioned in the Statute made 1 Jac. c. 23. B Backberind Thief BAckberind Thief is a Thief taken with the manner that is having that found upon him being followed with a Hue and Cry which he hath stollen whether it be Money Linnen Wollen or other stuff but it is most properly said when he is taken carrying those things that he hath stolen in a bundle or fardel upon his Back Manwood in part 2. notes this for one of the circumstances or cases in which a Forester may arrest the body of any offender against Vert or Venison in the Forest which are Dog-draw Stable-stand Back-berind and Bloody-hand Badger BAdger is as much as to say Bagger of the French word Baggage id est Sarcina And it is used with us for one that is licenced to buy Corn or other Victuals in one place and carry them to another and such a one is exempted in the Statute made in the 5 and 6 of E. 6. cap. 14 from the punishment of an Ingrosser within that Statute Bail BAIL is when a man is taken or arrested for Felony suspicion of Felony indicted of Felony or any such case so that he is restrained of his liberty and being by Law bailable offers Surcties to those who have authority to bail him which Sureties are bound for him to the Kings use in a certain Sum of money or body for body that he shall appear before the Iustices of Goal-delivery at the next Sessions c. Then upon the Bonds of these Sureties as is aforesaid he is bailed that is set at liberty until the day appointed for his appearance Manwood in the first part of his Forest Law pag. 167. says There is a great diversity between Bail and Mainprise for he that is mainprised is always said to be at large and to go at his own liberty out of ward after he is put to Mainprise until the day of his Appearance by reason of Common Summons or otherwise But it is not so where a man is put to bail by four or two men by my Lord chief Iustice in Eyre of the Forest until a certain day for there he is always accounted by the Law to be in their ward and custody for the time and they may if they will hold him in ward or in Prison till that time or otherwise at their will so that he that is bail'd â— hall not be said by the Law to be at large or at his own liberty Bailement Bailement is a Delivery of things whether Writings Goods or Stuff to another sometimes to be delivered back to the Bailor that is to him that so delivered it sometimes to the use of the Bailee that is of him to whom it is delivered and sometimes also it is delivered to a third person This delivery is called a Bailment Bailiff BAiliff is an Officer that belongs to a Mannor to order the husbandry and hath authority to pay Quit-rents issuing out of the Mannor fei â— Trees repair Houses make Pales Hedges distrain Beasts doing hurt upon the ground and divers such like This Officer is he whom the ancient Saxons called a Reeve for the name Bailiff was not then known amongst them but came in with the Normans and is called in Latin Villicus There are two other sorts of Bailiffs that is Bailiffs errant and Bailiffs of Franchises Bailiffs errant are those that the Sheriff makes and appoints to go about the Country to execute Writs to summon the County Sessions Assises and such like Bailiffs of Franchises are those that are appointed by every Lord within his Liberty to do such Offices within his Precincts as the Bailiff errant doth abroad in the County This Bailiff distrains for Amerciaments in Courts held within the Mannor of which he is Bailiff But if such Court is by prescription to be
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
commands and the other doth it rather by a friendly and voluntary Conference or agreement between him or her and the Devil or Familiar to have his or her desires and purposes effected instead of blood or other gift offered him especially of his or her Soul And both these differ from Enchantments or Sorceries because they are personal Conferences with the Devil as is said but these are but Medicines and ceremonial forms of words commonly called Charms without apparition Conservator of the Peace COnservator of the Peace is he that hath an especial charge by virtue of his Office to see the Kings Peace kept Which Peace in effect is defined to be A with-holding or abstinence from that injurious force and violence that unruly and boisterous men are in their natures prone to use towards others were they not restrained by Laws and fear of Punishment Of these Conservators Lambert farther saith That before the time of King E. 3 who first appointed Iustices of Peace there were sundry persons who by the Common Law had interest in keeping of the Peace Of those some had that charge as incident to their Offices and so included within the same and yet notwithstanding were called by the name of their Office only others had it simply as of it self and were thereof named Custodes Pacis Wardens or Conservators of the Peace And both these sorts are again subdivided by Lambert in his Eirenarcha l. 1. c. 3. Conservator of the Truce COnservator of the Truce was an Officer appointed in every Port of the Sea under the Kings Letters Patents and had 40 li. for his yearly stipend at the least His charge was to enquire of all Offences done against the Kings Truce and Sa â— e conducts upon the main Sea out of the Countries and Liberties of the Cinque-Ports of the King as the Admirals have accustomedly done and such other things as are declared Anno 2 H. 5. cap. 6. Touching this matter you may read the other Statute of Anno 4 H. 5. c. 7. Consideration COnsideration is the material cause of a Contract without which no Contract can bind the party This Consideration is either expressed as when a man bargains to give twenty shillings for an Horse or is implied as when the Law it self inforces a Consideration as if a man comes into a common Inne and there staying some time takes meat or lodging or either for himself or his horse the Law presumes he intends to pay for both notwithstanding that nothing be covenanted between him and his Host and therefore if he discharges not the house the Host may stay his horse Also there is Consideration of nature and blood and Valuable Consideration and therefore if a man be indebted to divers others and yet in consideration of natural affection gives all his goods to his son or cousin this shall be construed a fraudulent Gift within the Act of 13 Eliz. c. 5. because this Act intends a Valuable consideration Consistory COnsistory is a word borrowed of the Italians or rather Lombards and signifies as much as Tribunal It is vocabulum utriusque Juris and is used for the place of Iustice in the Courts Christian or Spiritual Consolidation COnsolidation is used for the Combining and uniting of two Benefices in one And this word is taken from the Civil Law where it properly signifies an Vniting of the possession occupation or profit with the property As if a man hath by Legacy usum fructum fundi and after purchases the Property or Fee-simple of the Heir in this case a Consolidation is made of the Profits and Property Vide Brook tit Union Conspiracie COnspiracie notwithstanding that in Latine and French it is used for an Agreement of men to do a good or evil thing yet it is commonly taken in our Law in the evil part and is defined in 34 E. 1. Stat. 2. to be an Agreement of such as confeder or bind themselves by Oath Covenant or other alliance that every of them shall bear and aid the other falsly and maliciously to indict or falsly to move or maintain Pleas and also such as cause Children within age to appeal men of Felony whereby they are imprisoned and sore grieved and such as maintain men in the Country with Liveries and Fees to maintain their malicious enterprises and this extends as well to the takers as to the givers Also Stewards and Bayliffs of great Lords who by their Selgniory Office or power undertake to bear or maintain Quarrels Pleas or Debates that concern other parties then such as touch the Estate of their Lords or of themselves Anno 4 E. 3. c. 11. 3 H. 7. c. 13 And hereof see more 1 H. 5. c. 3. 18 H. 6. c. 12. also in the old Book of Entries word Conspiracie This word in the place before rehearsed is taken more generally and is confounded with Maintenance and Champerty but in a more special signification it is taken for a Confederacy between two or more falsly to indict one or to procure one to be indicted of Felony And the punishment of Conspiracy upon an Indictment of Felony at the Suit of the King is That the party attainted shall lose his frank law so that he shall not be impanelled upon Iuries or Assises or such like imployments for testifying of the truth and if he hath to do in the Kings Court he shall make his Attorney and his lands goods and chattels shall be seised into the Kings hands his lands estreaped his trees digged up and his body committed to prison 27 lib. Assise 59 Crompton 156. b. this is called villanous Judgement But if the party grieved will sue a Writ of Conspiracy then see Fitzh Nat. Brev. 114. d. 115. i. c. Constable COnstable is diversely used in the Common Law And first the Constable of England who is also called Marshal Stanf. Pl. Cor. fol. 65. of whose authority and dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm His power consists in the care of the common Peace of the Land in deeds of Arms and matters of War Lamb. Duties of Constables num 4. wherewith agrees the Statute of 13 R. 2. c. 2. Stat. 1. Of this Officer or Magistrate Gwyn in the Preface to his Readings saith to this purpose The Court of the Coustable and Marshal determines Contracts touching Deeds of arms out of the Realm and handles things concerning Wars within the Realm as Combats Blazons of armory and suth like but he hath nothing to do with Battel in appeal nor generally with any other thing that may be tried by the Law of the Land See Fortesc ' cap. 32. This Office heretofore was appertaining to the Lords of certain Manors Jure feudi and why it is discontinued see Dyer 285. pl. 39. Out of this Magistracie saith Lambert were drawn these inferior Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
one of the Articles to be enquired touching the Forrest is If all great Dogs or Mastives in the Forest are Expeditated according to the Laws of the Forrest and if any be not the Owner of every such Dog shall forfeit to the King three shillings and four pence Cromp. Jurisd fol. 152. Manwood uses the same word and part 1. of his Forrest Law fol. 212. sets down the manner of expeditating Dogs heretofore which was that the three Claws of the Fore-foot on the right side shall be cut off by the skin whereunto he also adds out of the Ordinance called the Assise of the Forrest that the same manner of expeditating Dogs shall be still used and kept and none other Quaere whence it arises that Crompton and he differ the one saying the Ball of the foot is cut out the other that the three Fore-claws are cut off by the skin Expensis Militum levandis EXpensis Militum levandis is a Writ directed to the Sheriff for levying the Allowance for the Knights of the Parliament Regist orig fol. 191. b. And Expensis Militum non levandis de hominibus de Antiquo Dominico nec a Nativis is a Writ to prohibit the Sheriff to levy any Allowance for the Knights of the County upon such as hold in Ancient Demesne c. Ibidem fol. 261. b. Extend EXtend is to value the Lands or Tenements of one bound by Statute c. that hath forfeited it and to deliver them to the Conusee at such indifferent rates as that by the yearly Profits the Conusee in time may be satisfied his Debt See Fitz. Nat. B. fol. 131. and Coke lib. 4. fol. 67. Fulwoods Case Extent EXtent has two significations The one is a Writ or Commission to the Sheriff for the valuing of Lands or Tenements the other the act of the Sheriff or other Commissioner upon that Writ Broke tit Extent fol. 313. Extinguishment EXtinguishment is where a Lord or any other hath any Rent or Service going out of any Land and he purchases the same Land so that he hath such Estate in the Land as he hath in the Rent then the Rent is extinct for that one may not have Rent going out of his own Land Also when any Rent shall be extinct the Land and the Rent must be in one hand the Estate indefesible and he have as good Estate in the Land as in the Rent for if he have Estate in the Land but for Life or Years and hath Fee-simple in the Rent then the Rent is not extinct but in suspence for that time and after the term the Rent is revided If there be Lord Mesne and Tenant and the Lord purchase the Tenancy the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as Rent-seck Also if a man have a High-way appendant and after purchase the Land wherein the High-way is then the Way is extinct and so it is of a Common appendant Extortion EXtortion is wrong done by any Officer Ordinary Archdeacon Official Major Bailiff Sheriff Escheator Coroner Under-Sheriff Goaler or other Officer by colour of his Office by taking excessive Reward or Fee for execution of his Office or otherwise and is no other thing indeed then plain Robbery or rather more odious then Robbery for Robbery is apparent and always hath with it the countenance of Vice but Extortion being as great a Vice as Robbery is carries with it a countenance of Vertue by means whereof it is the more hard to be tried or discerned and therefore the more odious And yet some there are that will not stick to stretch their Office Credit and Conscience to purchase Mony as well by Extortion as otherwise according to the saying of the Poet Virgil What is it that the greedy thirst of Gol ◠doth not constrain mortals to attempt F. Faculty FAculty is a word often used in the Statute of 25 Hen. 8. cap. 21. and it signifies a Priviledge or special Dispensation granted unto a man by favour and indulgence to do that which by the Law he cannot do as to eat Flesh upon days forbidden or to hold two or more Ecclesiastical Livings and the like And for the granting of these Faculties there is a special Officer under the Arch-bishop of Canterbury called The Master of the Faculties Failing of Record FAiling of Record is when an Action is brought against one who pleads any matter of Record and avers to prove it by Record and the Plaintiff saith there is no such Record whereupon the Defendant hath day given him to bring in the Record at which day he fails or brings in such a one as is no Bar to this Action then he is said to fail of his Record and thereupon the Plaintiff shall have Iudgment to recover c. Faint Action Faint Pleading FAint Action as Littleton fol. 154. saith is as much as to say in English a Fained Action that is such Action as though the words of the Writ be true yet for certain causes he hath no title by the Law to recover by the same Action And a false Action is where the words of the Writ are false So Faint Pleading is a covinous false and collusory manner of Pleading to the deceit of a third party And against such Faint Pleading amongst other things the old Statute in 3 E. 1. cap. 29. seems to be made Deed. DEed is a Writing sealed and delivered to prove and testifie the agreement of the party whose Deed it is to the thing contained in the Deed as a Deed of Feoffment is a Proof of the Livery of Seisin for the Land passes by the Livery of Seisin but when the Deed and the Delivery are joyned together that is a proof of the Livery and that the Feoffor is contented that the Feoffee shall have the Land All Deeds are either Indented whereof there are two three or more parts as the ease requires of which the Feoffor Grantor or Lessor hath one the Feoffee Grantee or Lessee another and peradventure some other body a third c. Or else they are Poll Deeđs single and but one which the Feoffee Grantee or Lessee hath c. And every Deed consists of three principal Points without which it is no perfect Deed to bind the parties namely Writing Sealing and Delivery 1. By Writing is shewed the parties Names to the Deed their Dwelling-places their Degrees the Thing granted upon what Considerations the Estate limited the Time when it was granted and whether simply or upon Condition with other such like Circumstances But whether the parties to the Deed write in the end their Names or set to their Marks as it is commonly used it matters not at all as I think for that is not meant where it is said that every Deed ought to have Writing 2. Sealing is a farther Testimony of their Consents to what is contained in the Deed as it appears in these words In Witness whereof c. or to such effect
satisfied but with the death of the enemy such is that amongst the people in Scotland and in the Northern parts of England which is a Combination of all the Kindred to revenge the death of any of the Blood upon the Slayer and all his race And this word is mentioned in the Stat. of 43 Eliz. c. 13. Fieri facias FIeri facias is a Writ judicial and lies where a â—â— an recovers Debt or Da â—â— nages in the Kings Court 〈◊〉 a he shall have this Writ to the Sheriff commanding him that he levy the Debt and Dammages of the goods of him against whom the Recovery is had and it lies only within a year and a day and after the year he must sue a Scire facias and if the party be warned and doth not come at the day c. or if he come and can say nothing then he who recovers shall have a Writ of Fieri facias directed to the Sheriff that he make Execution of Iudgment But if a man recover against a woman and she takes a husband within the year and the day then he that recovers must have a Scire facias against the husband So it is if an Abbot or Prior recover and die his Successor within the year shall have a Scire facias See thereof more in the Title Scire facias and Title Execution There is also another manner of Fieri facias against a Rector where upon a general Fieri facias the Sheriff returns quod nulla habet bona seu catalla and thereupon a Writ is directed to the Bishop of the Diocess where he is Rector and thereupon the Bishop levies the Debt of the Profits of the Gleab Tithes of the Rectory Fifteenth FIfteent â— See Quinzisme F â— lazer FIlazer of the French word Filace id est a Thread is the name of an Officer in the Common Pleas of which there are 14. They make dut all the Original Process there and the Distress infinite upon Summons returned in personal Actions and the Capias upon the return of Nihil and all Writs of View in cases where the View is prayed And where the Appearance is with them they enter the Impariance and the general Issue in common Actions and Iudgments by Confession before Issue joyned and make out Writs of Execution upon them And they make Writs of Supersedeas after a Capias awarded when the Defendant appears in their Office And this Officer is mentioned in the Statutes of 10 H 6. c. 4. 18 H. 6. c. 9. File FIle Filacium is a Thread or Wire upon which Writs and other Exhibits in Courts are put for the safer keeping of them together Finders FInders is a word used in many Statutes as in 14 R. 2. c. 10. 17 R. 2. c. 5. 1 H. 4 c. 13. and 31 H. 6. c. 5. and seems to be all one with those Officers which we now call Searchers imployed for the discovery of Goods which are imported or exported without paying Custom Fine FIne sometimes is taken for a Sum of money which one is to pay to the King for any Contempt or Offence which Fine every one that commits any Trespass or is convict that he falsly denies his own Deed or did any thing in contempt of Law shall pay to the King which is called Fine to the King Sometime a Fine is taken for a Final Agreement which is had between any persons concerning any Land or Rent or other thing whereof any Suit or Writ is between them hanging in any Court which may be divers ways One is when any party acknowledges that to be the right of the other as that he hath of the Gift of him that made the Recognizance which always supposes a Feoffment going before and is called a Fine executed Or if he acknowledged that to be the right of another omitting these words coÌ„e ceo que il eit de son Done this being a Fine upon acknowledging of â— ight only if it be levied to him which hath the Freehold of the Land is a Fine upon a Release If he that acknowledged it is seised and he to whom it is levied hath not the Free-hold of the Land then it is called a Fine executory which he to whom the Land is acknowledged may execute by Entry or Scire facias Sometime such a Fine Sur conusance de droit only is to make a Surrender wherein is rehearsed that the Reconusor hath an Estate for life and the other a Reversion Sometime it is taken to pass a Reversion where a particular Estate is recited to be in another and that the Reconusor will that the other shall have the Reversion or that the Land shall remain to another after the particular Estate spent And sometime he to whom the right is acknowledged as that which he hath of the Gift of the Reconusor shall yield the Land or a Rent out thereof to the Conusor And that sometime for the whole Fee sometime for one particular Estate with Remainder or Remainders over and sometime with Reversion of Rents with Distress and Grant thereof over by the said Fine It is called a Fine because thereby the Suit is ended and if it be recorded with Proclamation according to the Statute 4 H. 7. it bars Strangers Fine force FIne force signifies an absolute Necessity as when a man is compelled to do that which he can no way avoid we say he doth it de Fine force So this word is used in Perk. sect 321. in Mantel and Woodlands Case in Plowden f. 94. b. and in Eatons Case cited in Foxly's Case in the 6 Rep. f. 111. a. Finors FInors are those that purifie Gold and Silver and part them by fire and water from courser Metals and therefore in the Statute of 4 H. 7. c. 2. they are also called Parters Fire-bote FIre-bote is necessary Wood to burn which by the Common Law Lessee for years or for life may take in his Ground although it be not expressed in his Lease and although it be a Lease by Word only without Writing But if he take more then is needful he shall be punished in Waste First-fruits FIrst-fruits Primitiae are the Profits of every Spiritual Living for a year which were anciently given to the Pope but by the Statute of 26 H. 8. â— 3. are now transferred to the King Fledwite FLedwite is to be quit from Amerciaments when an outlawed Fugitive comes to the Kings Peace of his own will or being licensed Flemeswite FLemeswite is that you may have the Cattel or Amerciaments of your Fugitive man Fletwit FLetwit or Flitwit is to be quit from Contention and Convicts and that you may have a Plea thereof in your Court and the Amerciaments for Flit in English is Treason in French Floatsam FLoatsam or Flotson is when a Ship is sunk or otherwise perished and the Goods float upon the Sea and they are given to the Lord Admiral by his Letters Patents See Cok. lib. 5. fol. 106. Fold Fould-course FOld Fould-course
In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
Alfred after he had divided the whole Realm into certain parts or sections which of the Saxon word Scyran signifying to cut he termed Shires or as we yet spake Shares and Portious These Shires be also dividid into smaller Parts whereof some were called Lathes of the word Gelathian which is to assemble together others Tithings because there were in each of them to the number of Ten persons whereof each one was Surety and Pledge for others good abearing others Hundreds because they contained Iurisdiction over one Hundred Men or Pledges dwelling peradventure in two or three or more Parishes Boroughs or Towns lying and adjoyning nevertheless somewhat near together in which he appointed Administration of Iustice to be exercised severally among them of the same Hundred and not that one should run out disorderly into anothers Hundred Lathe or Tithing wherein he dwells not These Hundreds continue to this day in force although not altogether to the same purpose whereunto at first they were appointed yet still to very needful both in time of Peace for good order of Government divers ways and in War for certainty of levying men as also for the more ready Collection of Payments granted in Parliament to the Kings of this Realm Hundred-Lagh HUndred-Lagh signifies the Hundred-Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus cap. 9. Hundredum HUndredum is to be quit of Money or Customs to be paid to Governors and Hundredors Husfastene HUsfastene quasi Domi fixus is he that holds House and Land Bract. lib. 3. tract 2. c. 10. Hustings HUstings Hustingum is a Court of Common-Pleas held before the Major and Aldermen of London and it is the highest Court they have for Error or Attaint lies there of a Iudgment or saise Verdict in the Sheriffs Court as it appears by Fitzh N. B. 22 H. c. and the Statute of 11 H. 7. cap. 21. And other Cities and Towns have had a Court of the same name as Winchester Lincoln York and Sheppy So called from the Saxon Hus Domus and Thing Causa quasi Domus Causarum I. Idemptitate or Identitate nominis IDemptiatis nominis is a Writ that lies where a Writ of Debt Covenant or Account or such other Writ is brought against a Man and another that hath the same name with the Defendant is taken for him then he shall have this Writ by which the Sheriff shall make Inquiry before the Iustice assigned in the same County if he be the same person or not and if he be not sound to be the party then he shall go without day in peace Ideot IDeot is he that is a Natural Fool from his Birth and knows not how to count Twenty pence or name his Father or Mother nor tell his own age or such like easie and common matters so that it appears he hath no manner of Vnderstanding Reason or Government of himself But if he can read or learn to read by instruction and information of others or can measure an Ell of Cloth or name the Days of the Week or beget a Child or such like whereby it may appear he hath some light of Reason such a one is no Ideot naturally Jeofaile JEofaile is when the parties to any Suit in Pleading have proceeded so far that they have joyned Issue which shall be tried or is tried by a Iury or Enquest and this Pleading or Issue is so badly pleaded or joyned that it will be Error if they proceed then some of the said parties may by their Councel shew it to the Court as well after Verdict given and before Iudgment as before the Iury is charged And the Councel shall say This Enquest ye ought not to take And if it be after Verdict then he may say To judgment you ought not to go And because such niceties occassioned many delays in Suits divers Statutes are made to redress them as well in the time of King H. 8. an 32. c. 30. as of Queen Eliz. whereof we may say as the Civilians That although Constantine the Emperor commāded the forms of the Law to be cut off yet the daily use of Pleading doth seem again to recal them or rather some of them increase as the heads of Hydra See also now a new Statute of Jeofailes made in 21 Jac. c. 13. Jetsam JEtsam is when a Ship is in danger to be cast away and to disburthen the Ship the Mariners cast the Goods into the Sea and although afterward the Ship perish none of those goods called Jetsam Floatsam or Lagan are called Wreck as long as they remain in or upon the Sea but if any of them are driven to Land by the Sea there they shall be reputed Wreck and pass by the grant of Wreck Coke l. 5. f. 106. Jettezoons JEttezoons This is mentioned in Policies of Insurance and signifies Goods thrown into the Sea in a great Storm Unlawful Assembly UNlawful Assembly is where people assemble themselves together to do some unlawful thing against the Peace although they execute not their purpose in deed Imparlance IMparlance See Emparlance Impeachment of Waste IMpeachment of Waste Impetitio Vasti is as much as to say as a Demand made or to be made of Recompence for Waste done by a Tenant that hath but a particular Estate for Life or Years And therefore he that hath such a Lease without Impeachment of Waste hath by that a property or interest given him in the Houses and Trees and may make waste in them without being impeached for it that is without being questioned or demanded any recompence for the Waste done See Coke l. 11. Bowles Case f. 82. b. Implements IMplements comes either from the French word Employer to imploy or from the Latine Implere to fill up and is used for things of necessary use in any Trade or Mystery which are imployed in the practice of the said Trade or without which the work cannot be accomplished Also for Furniture with which the House is filled And in that sense you shall find the word often in Wills and Conveyances of Moveables Impost IMpost is a French word that signifies Tribute but with us it is taken for the Tax that is paid the King for any Merchandise brought into any Haven from Places beyond the Seas And it is used in the Statute of 31 Eliz. c. 5. as a word of the same signification with Custom which Merchants pay Imprisonment IMprisonment is the Restraint of a mans Liberty whether it be in the open Field or in the Steeks or Cage in the Streets or in a Man 's own House as well as in the common Geal And in all these places the party so restrained is said to be a Prisoner so long as he hath not his Liberty freely to go at all times to all places whether he will without Bail or Mainprise Incumbent INcumbent comes of the Latine Incumbere and signifies him that is presented admitted and instituted to any Church or Benefice with Cure
is a Writ that lies where the Tenant holds of the King in chief as of his Crown and he is deforced that is put out of his Land then he shall have this Writ and it shall be Close and shall be pleaded in the Common Pleas. Also if any Tenant that holds of any Lord be deforced it behoves him to sue a Writ of Right Patent which shall be determined in the Lords Court But if the Land be holden of the King the Writ of Right Patent shall be brought to the Kings Court and the Writ may be removed from the Lords Court unto the County by a To â— t and from the County into the Common Place by a Pone Look therefore before in the Title Drolt Praecipe PRaecipe are of divers sorts Quod reddat terras as dower formedon c. debitum bona catalla Quod teneat conventionem Quod faciat sectam ad molendinum Quod permittat c. Preignotary PReignotary is compounded of two Latine words prae and Notarius and is used in our Law for the chief Clerks of the Kings Courts whereof there is one in the Kings Bench and three in the Common Pleas. He in the Kings Bench records all Actions Civil sued in that Court and they of the Common Pleas inrol all Declarations Pleadings and Iudgments and make out all Iudicial Writs they Inroll all Fines and Recognisances and exemplifie all Records the same Term before the Rolls are delivered out of their hands In 15 E. 4. 26 b. This Officer is called Praesignator And one of the three in the Common Bench Praesignator pauperum Premisses PRemisses See Habendum Praemunire PRaemunire is a Writ that lies where any man sues another in the Spiritual Court for any thing that is determinable in the Kings Court for which great punishment is ordained by divers Statutes viz. that he shall be out of the Kings protection and put in Prison without Bail or Mainprise till he have made Fine at the Kings Will and that his Lands and Goods shall be forfeited if he come not within two months And his Provisors Procurators Atturneys Executors Notaries and Maintainers shall be punished in the same manner Therefore look the Statute Also some say if a Clerk sue another man in the Court of Rome for a thing Spiritual where he may have remedy within the Realm in the Court of his Ordinary that he shall be within the case of the Statute And upon divers other offences is imposed by Statutes lately made the Penalty that they incur who are attainted in Praemunire As by 13 Eliz. cap 8. they who are aiding to make a corrupt Bargain whereupon Vsury is reserved above x. l. in the hundred for a year c. Prender PRender is the power or right of Taking a thing before it be offered from the French prendre i. accipere Prescription PRescription is when a Man claims any thing because he his Ancestors or Predecessors or they whose Estate he hath have had or used it all the time whereof no memory is to the contrary But one may not prescribe against a Statute except he have another Statute that serves for him Presentment PResentment is of two significations One is to a Church as when a man hath right to give any Benefice Spiritual and names the person to the Bishop to whom he will give it and makes a Writing to the Bishop for him that is a Presentation or Presentment If divers Coheirs cannot agree in Presentment the Presentee of the eldest shall be admitted But if Ioyntenants and Tenants in common agree not within six moneths the Bishop shall present by lapse The other is a Presentment or Information by a Iury in a Court before any Officer who hath Authority to punish any offence done contrary to the Law Pretensed Right or Title PRetensed Right or Title is where one is in possession of Lands or Tenements and another who is out claims it and sues for it now the pretensed Right or Title is said in him who so doth sue claim And if he afterward come to the possession his Right or Title is annexed to the Land and possession and not then called Right Primer Seisin PRimer Seisin is used in the Common Law for a branch of the Kings Prerogative by which he hath the first possession that is the intire Profits for a year of all the Lands and Tenements whereof his Tenant that held of him in capite died seised in his Demesne as of Fee his Heir then being at full age and thus the King takes in lieu of the intire Profits which he may take if he will until Livery be sued or at the least tendered Prerog Reg. c. 3. Stamf. f. 11. B. See the Stat. 12 Car. 2. c. 24. Prisage PRisage is that part or portion that belongs to the King of such Merchandizes as are taken at Sea by way of lawful Prise And this word you shall find in the Statute of 31 Ell â— cap. 5. Prisage of Wines PRisage of Wines mentioned in the Stat. 1 H. 8. c. 5. is a custom by which the King out of every Bark laden with Wine under 40 Tun claims to have two Tun at his own price Privie or Privities PRivie or Privities is where a Lease is made to hold at will for years for life or a Feoffment in fee and in divers other cases now because of this that hath passed between these parties they are called Privies in respect of strangers between whom no such Conveyantes have been Also if there be Lord and Tenant and the Tenant holds of the Lord by certain Service there is a Privity between them because of the Tenure and if the Tenant be disseised by a stranger there is no Privity between the Disseisor and the Lord but the Privity still remains between the Lord and the Tenant that is disseised and the Lord shall avow upon him for that he is his Tenant in right and in Iudgment of the Law Privies are in divers sorts as namely Privies in Estate Privies in Deed Privies in Law Privies in Right and Privies in Blood Privies in Estate is where a Lease is made of the Mannor of Dale to A for life the Remainder to B in fee there both A and B are Privies in Estate for their Estates were both made at one time And so it is in the first case here where a Lease is made at will for life or years or a Feoffment in fee the Lessees or Feoffees are called Privies in Estate and so are their Hairs c. Privies in Deed is where a Lease is made for life and afterward by another Deed the Reversion is granted to a stranger in fee this Grantee of the Reversion is called Privy in Deed because he hath the Reversion by Deed. Privy in Law is where there is Lord and Tenant the Tenant leases the Tenancy for life and dies without Heir and the Reversion escheats to the Lord he is said Privy in Law because he hath his Estate
only by the Law that is to say by Escheat Privy in Right is where one possessed of a Term for years grants his Estate to another upon Condition and makes his Executors and dies now these Executors are Privies in Right for if the Condition be broken and they enter into the Land they have it in right of their Testator and to his use Privy of Blood is the Heir of the Feoffor or Donor c. Also if a Fine be levied the Heirs of them that levied the Fine are called Privies Privileges PRivileges are Liberties and Franchises granted to an Office Place Town or Mannor by the Kings great Charter Letter Patents or Act of Parliament as Toll Sake Socke Infangtheef Outfangtheef Tourne Ordelfe and divers such like for which look in their proper titles and places Also there are other privileges which the Law takes notice of that is to say the privileges of the Commons Peers of the Parliament the privileges of Attornies Officers of the Courts at Westm that they shall not be sued or impleaded in another Court but in that where they are Attornies or Officers Procedendo PRocedendo is a Writ that lies where any Action is sued in one Court which is removed to another more high as to the Chancery Kings Bench or Common Place by a Writ of Priviledge or Certiorari and if the Defendant upon the matter shewed have no cause of Priviledge or if the matter in the Bill whereupon the Certiorari issued be not well proved then the Plaintiff shall have this Procedendo to send again the matter unto the first base Court there to be determined Proces PRoces are the Writs and Precepts that go forth upon the Original And in Actions real and personal there are sundry sorts of Proces For in Actions real the Proces i ◠Grand Cape before Appearance Therefore see of that in the 〈◊〉 Petit Cape But in Actions personal as in Debt Trespass or Detinue the Proces is a Distress and if the Sheriff return Nihil habet in Balliva c. then the Proces is Alias Capias and Pluries and an Exigent and they are called Capias ad respondendum Also the Exigent shall be proclaimed five times and if the party do not appear he shall be outlawed But in divers Actions there are divers manners of Proces which at large is declared in N. B. And there are divers other Proces after Appearance when the parties are at Issue to make the Enquest appear as a Writ of Venire facias and if they do not appear at the day then a Writ of Habeas corpora Jurat ' and after a Writ of Dist ◠ingas Jurat ' And there are divers other Proces after Iudgment as Capias ad satisfaciendum and Capias utlagatum c. Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage then he shall be arrested by this Writ and put in Prison without Bail or Mainprise till he hath paid the Debt and the Dammages Capias utlagatum lies where one is outlawed then he shall be taken by this Writ and put in Prison without Bail or Mainprise for that he had the Law in contempt And there are other Proces and Writs Iudicial as Capias ad valentiam Fieri facias Scire facias and many other and therefore look for them in their Titles Next friend NExt friend is commonly taken for Gardian in Soccage and is where a man seised of Land holden in Socage dies his issue within age of 14 years then the next friend or next of kin to whom the Lands cannot discend shall have the keeping of the Heir and of the Land to the only use of the Heir until he come to the age of 14 years and then he may enter and put the Gardian out and bring him to accompt But in that Accompt he shall be allowed for all reasonable costs and expences bestowed either upon the Heir or his Land The next friend or next of kin to whom the Inheritance cannot discend is thus to be understood If the Lands discend to the Heir from his Father or any of the kin of his Fathers side then the Mother or other of the Mothers side are called the next of kin to whom the Inheritance cannot discend for before it shall so diseend it shall rather escheat to the Lord of whom it is holden And where the Lands come to the Heir from his Mother or any of her side then the Father or other of the Fathers side are called the next of kin to whom the Inheritance cannot discend but shall rather escheat to the Lord of whom it is holden Otherwise Prochein amy is he who appears in any Court for an Infant who sues any Action and aids the Infant to pursue his Suit whereof see the Statutes of Westm 1. cap. 47. and Westm 2. cap. 15. that an Infant may not make an Atturney but the Court may admit the next Friend for the Plaintiff and a Gardian for the Infant Defendant as his Atturney Proclamation PRoclamation is Notice publickly given of any thing whereof the King thinks good to advertise his Subjects so it is used Anno 7. R. 2. c. 6. Proclamation of Rebellion is an open notice given by an Officer that a man not appearing upon a Subpoena or Attachment in the Chancery shall be reputed a Rebell except he render himself at the day assigned Crompt Jurisdict fol. 92. And it is to be noted that no man may make Proclamation but by authority of the King or Majors and such like as have proviledges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market-towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and Fined Brook Proclamation 10. Procurator PRocurator is used for him who gathers the Fruits of a Benefice for another man Anno 3 Ric. 2. Stat. 1. cap. 2. Prohibition PRohibition is a Writ that lies where a man is impleaded in the Spiritual Court of a thing that touches not Matrimony nor Testament nor meerly Tithes but the Kings Crown This Writ shall be directed as well to the party as to the Iudge or his Official to prohibit them that they pursue no farther But if it appear afterward to the Iudges temporal that the matter is fit to be determined in the Spiritual Court and not in the Court Temporal then the party shall have a Writ of Consultation commanding the Iudges of the Court Spiritual to proceed in the first Plea Also there are many other Prohibitions to the Admiralty and to other Courts of Common-Law if they exceed their power Properite PRopertie is the highest Right that a man hath or can have to any thing which no way depends upon another mans courtesie And this none in this Kingdom can be said to have in any Lands or
c. 10. f. 74. a. Purveyors PUrveyors were ancient Officers to provide Victuals for the King which Office is mentioned in the Statute 28 E. 1. cap. 2. 36 E. 4. cap. 6. 14 E. 3. cap. 19. But it is abolished by the Stat. 12 Car. 2. cap. 24. Q. Quadrantata terrae QUadrantata terrae is the fourth part of an Acre Quae plura QUae plura is a Writ that lies in case where the Escheator hath found an Office after the death of the Kings Tenant virtute officii and hath not found all the Lands of which he died seised then this Writ shall issue in nature of a Melius inquirendo to find what Lands he had more See F. N. B. f. 255. a. Quale jus QUale jus is a Writ that lies where an Abbot Prior or such other should have Iudgment to recover Land by Default of the Tenant against whom the Land is demanded then before Iudgment given or Execution awarded this Writ shall go forth to the Escheator to enquire what right he hath to recover And if it be found that he hath not right then the Lord who should have the Land if the Tenant had aliened in Mortmain may enter as into Land aliended in Mortmain for this losing by Default is like an Alienation See the Stat. Westm 2. c. 32. But where one will give Lands to a House of Religion an Ad quod damnū shall go forth to the Escheator to enquire of what value the Land is and what prejudice is shall be to the King Quare ejecit infra terminum QUare ejecit infra terminum is a Writ that lies where one makes a Lease to another for term of years and the Lessor infeoffs another and the Feoffee puts out the Termour then the Termour shall have this Writ against the Feoffee But if another stranger put out the Termour then he shall have a Writ De ejectione firmae against him And in these two Writs he shall recover the term and his dammages Quare impedit QUare impedit is a Writ that lies where I have an Addowson and the Parson dies and another presents a Clerk or disturbs me to present then I shall have the said Writ But Assise de darrein presentment lies where I or my ancestors have preseuted before And where a man may have art Assise de darrene presentment he may have a Quare impedit but not contratiwise Also if the Plea be depending between two parties and be not discussed within fix moneths the Bishop may present by Lapse and he that hath right to present shall recover his dammages as appears by the Statute of Westm 2. c 5. And if he that hath right to present after the death of the Parson brings no Quare impedit nor Darreine presentment but suffers a stranger to usurp upon him yet he shall have a Writ of right of Advowson But this Writ lies not unless he claim to have the Advowson to him and his heirs in Fee Quare incumbravit QUare incumbravit is a Writ that lies where two are in Plea for the Advowson and the Bishop admits the Clerk of one of them within the six moneths then he shall have this Writ against the Bishop But this Writ lies always depending the Plea Quare intrusit Matrimonio non satisfacto QUare intrusit Matrimonio non satisfacto is a Writ that lies where the Lord profers convenable Marriage to his Ward and he refuses and enters into the Land and marries himself to another then the Lord shall have this Writ against him Quare non admifit QUare non admifit is a Writ that lies where a man hath recovered an Advowson and sends his convenable Clerk to the Bishop to be admitted and the Bishop will not receive him then he shall have the said Writ against the Bishop But a Writ of Ne admittas lies where two are in Plea if the Plaintiff suppose the Bishop will admit the Clerk of the Defendant then he may have this Writ to the Bishop commanding him not to admit him hanging the Plea Quarels QUarels is derived from Querendo and extends not only to Actions as well real as personal but also to the Causes of Actions and Suits so that by the Release of all Quarels not only Actions depending in Suit but Causes of Action and Suit also are released and Quarels Controversies and Debates are words of one sense and of one and the same signification Coke lib. 8. fol. 153. Quarentine QUarentine is where a man dies seised of a Mannour-place and other Lands whereof the Wife ought to be endowed then the woman may abide in the Mannour-place and there live of the store and profits thereof the space of sorty days within-which time her Dower shall be assigned as it appears in Magna Charta cap. 6. Que estate QUe estate is a term in pleading to avoid prolixity as if a man pleads a feoffment in fee to A. cujus statum idem B. modo habet and no one can plead it but Tenant of the Fee nor can it be pleaded of things which pass meerly by grant as Advowsons Franchises c. Quid juris clamat QUid juris clamat is a Writ that lies where I grant the Reversion of my Tenant for life by Fine in the Kings Court and the Tenant will not attorn then the Grantee shall have this Writ to compel him But a Writ of Quem redditum reddit lies where I grant by Fine a Rent charge or another Rent which is not Rent service which my Tenant holds of me and the Tenant will not attorn then the Grantee shall have this Writ And a Writ of Per quae servitia lies in like case for Rent service Also if I grant four divers Rents to one man and the Tenant of the Land attourns to the Grantee by payment of a peny or of a half peny in the name of Attournment of all the Rents this Attournment shall put him in seisin of all the Rent But these three Writs ought to be brought against those who are Tenants at the day of the Fine levied and against no other Fifteenth FIfteenth is a Payment granted in Parliament to the King by the Temporalty namely the fifteenth part of their goods And it was used in ancient time to be levied upon their Cattel going in their grounds which thing was very troublesome and therefore now for the most part that way is altered and they use to levie the same by the Yard or Acre or other measure of Land by means whereof it is now less troublesome and more certain than before and every Town and Country know what sum is to be paid among them and how the same shall be raised We read that Moses was the first that numbred the people for he numbred the Israelites and the first Tax Subsidy Tribute or Fifteenth was invented by him among the Hebrews as Polydore Virgil thinks Quit claim QUit claim is a Release or Acquitting of a man for any Action that he
and not retornable And if the Sheriff do it not then there shall go forth another Writ Sicut alias and afterward another Writ Sicut pluries vel causam nobis significes which shall be retornable And if the Sheriff yet make no Replevin then there shall issue an Attachment directed to the Coroners to attach the Sheriff and to bring him before the Iustices at a certain day and farther that they make execution of the first Writ Replication REplication is when the Defendant in any Action makes an Answer and the Plaintiff replies to that that is called the Replication of the Plaintiff Reprises REprises are Deductions Payments and Duties that go yearly and are paid out of a Mannor as Rent chare Rent seck Pensions Corrodies Annuities Fees of Stewards or Bailiffts and such like Reprieve REprieve comes from the French Repris that is taken back so that to reprieve is properly to take back or suspe â— d a Prisoner from the Execution and proceedings of the Law for that time Requests REquests is a Court held in the Kings Palace before the Master of the Requests by Petition and it seems is a Court of Equity Rere County REre County is a word used in the Statutes of Westm 2. cap. 39. and 2 E. 3. c. 5. and seems by those Statutes to be some publick place which the Sheriff appointed for the receiving of the Kings mony after his County Court was done Resceit REsceit is when any Action is brought against the Tenant for term of life or years and he in the Reversion comes in and prays to be received to defend the Land and plead with the Demandant And when he comes it behoves that he be alway ready to plead with the Demandant In the same manner a Wife shall be received for the default of her Husband in an Action brought against them both And Tenant for years shall be received to defend his Right where in an Action brought against the Tenant of the Free-hold he pleads faintly Rescous REscous is a Writ that lies when any man takes a Distress and another takes it again from him and will not suffer him to carry the Disress away this is a Rescous upon which he may have this Writ and shall recover dammages Also if one distrain Beasts for dammage Feasant in his Ground and drives them in the High way to Impound them and in going they enter into the House of the owner and he withholds them there and will not suffer the other to impound them that withholding is a Rescous Also if a Sheriff takes my Debtor by an Execution or by mesne Process and J. S. rescue him out of the Custody of the Sheriff I may have an Action of Rescous against J. S. for this wrong and recover Dammages and Debt Reservation REservation is taken divers ways and hath divers natures As sometimes by way of exception to keep that which a man had before in him As if a Lease be made for years of Ground reserving the great Trees growing upon the same now the Lessee may not meddle with them nor with any thing that comes of them so long as it abides in or upon the Trees as Mast of Oak Chesnut Apples or such like but if they fall from the Trees to the ground then they are by right the Lessees for the Ground is let to him and all thereupon not reserved c. Sometimes a Reservation doth produce and bring forth another thing which was not before As if a man Lease his Lands reserving yearly for the same xxli c. And divers other such Reservations there be And note that in ancient time their Reservations were as well in Victuals whether Flesh Fish Corn Bread Drink or what else as in Money until at last and that chiefly in the Reign of King Henry 1. by agreement the Reservation of Victuals was changed into ready Money as it hath hitherto continued Residence REsidence comes from the Latine Residere and is all one with Resiance but that this word Residence is oftner appropriated to the Continuance of a Parson or Vicar upon his Church or Benefice and so it is used in the Statute of 28 H. 8. cap. 13. Resignation REsignation is where an Incumbent of a Church resigns or leaves it to the Ordinary who did admit him to it or to his Successors which differs from Surrender since by that he to whom the Resignation is made hath no interest in the thing so resigned but he to whom the Surrender is made hath by that the thing it self Restitution REstitution is when a Iudgment is reversed by Error then a Writ of Restitution shall issue to restore to the Defendant in the Action what he hath lost And there is a Writ of restitution of stolen goods upon conviction of the Thief which is made at the Sessions or Assises on the Statute of 21 H. 8. 11. Noy rep 128. Resummons REsummons is a Second Summons of a man to answer an Action where the first Summons is defeated by the Demise of the King or such other cause And of this see Coke lib. 7. fol. 29. b. Also if a Terr-tenant returned upon a Scire facias or Defendant in another Action plead non-age and the Plea stays until c. When he comes of full age the Plaintiff upon a suggestion may have a Scire facias or resummons And so when a Plea is staid by pleadiny Protection Excommunication or such other disability Resumption REsumption is a word used in the Statute of 31 H 6. c. 7. and is there taken for the Taking again into the Kings hands such Lands or Tenements as upon false suggestion or other error he had made Livery of to an Heir or granted by Patent to any man Retraxit REtraxit is the Preterperfect tense of Retraho to pull back and is when the party Plaintiff or Demandant comes in proper person into the Court where his Plea is and saith he will not proceed any farther in the same c. this will be a Bar to the Action for ever Reve or Reeve REeve is an Officer more known in ancient time then at this day for almost every Mannor had then a Reeve and yet still in many Copyhold-Mannors where the old custom prevails the name and office is not altogether forgotten And it is in effect that which now every Bayliff of a Mannor practises although the name of Bayliff was not then in use amongst us being siuce brought in by the Normans But the name of Reeve anciently called Greeve which Particle Ge in continuance of time was altogether left out and lost came from the Saxon word Geresa which signifies a Ruler And so indeed his Rule and Authority was large within the compass of his Lords Mannor and among his men and Tenants as well in matters of Government in peace and war as in the skilful use and trade of Husbandry For as he did gather his Lords Rents pay Reprises or Duties issuing out of the Manor set the Servants
deins cest Realm ê‘done chivi â—â— ns ou aut ' loyal voyes as â— treasure ou biens personal quecunque cybien coÌ„e ascÌ„ hoÌ„e Englois puit maintain ascÌ„ ActioÌ„ pÌ„ y cel Mes teiÌ„s deins cest Realm ou Measons si noÌ„ solemÌ„t pÌ„ lour habitation alieÌ„ amies ne poieÌ„t aver ne acquirer ne maintain asc Action real ou ê‘sonal pÌ„ ascun Terre ou Meason sinon qÌ„ le meason soit pur lour necessary habitation Un AlieÌ„ enemie ne poit maintain ascÌ„ Act ' ou acquirÌ„ ascÌ„ chose deins cest Realm Et les reasons pÌ„ qÌ„ Aliens nee ne sont capable de inheritaÌ„ce deins Angleterre sont PrimermÌ„t Les secrets del Royalm poieÌ„t ê‘ ceo eeÌ„ coÌ„ Secundment Les Revenues del Royalm serront prise enjoy ê‘ Estrangers nee TiercemÌ„t Ceo voile tend al destruct ' del Royalm PrimermÌ„t en le temps de guerrÌ„ car donqÌ„s estraÌ„gers poieÌ„t fortifie eux mesmes en le euer â— l Royalm coÌ„buster le Commonweale SecundmÌ„t en le teÌ„ps Ä‘ peace car ê‘ tiels meaÌ„s plusors AsieÌ„s nee poieÌ„t acquirer un grand part del inheritance franktenement del Royalm ê‘ qÌ„ la voile ensue un failer Ä‘ Justice le supporter â— l Common-weale pÌ„ ceo qÌ„ Aliens ne poient estre returne â— Juries ne jure pÌ„ le trial de issues perent ' le Roy le Subject ou perenter Subject Subject Vide Coke lib. 7. Calvins Case Alienation ALienation idem est quod alienum facere ou de alter ou mitt ' le possession â— Terres ou auter chose de lun home al auter Et en ascun cases home ad poier en luy mesme issint a faire sans lassent ou licence dascun auter en ascun nemy Come si Tenant en capite alien son estate sans coÌ„ge le Roy. donqÌ„ ê‘ le Stat. de 1 Ed. 3. cap 12. un reasonable Fine serra prise ou al Common Ley devant le dit Stat. les Terres tenemÌ„ts tenus en chief del Roy alieÌ„ saÌ„s coÌ„gee oÌ„t este tenus forfeit Et si Tenant le Roy qÌ„ teigne eÌ„ capite intend de aliener al C. al use de D. sur ceo si il purchase licence de aliener al C. accordant il alien a C. al use de D. quel use nest mentioÌ„ e le Licence en cest case il payerÌ„ forsque uÌ„ FinÌ„ car est forsque un Alienation Cok. lib. 6. fol. 28. Mes si home voile alienÌ„ terrÌ„ en fee-simple a un Meason de Religion ou a un Corps incorporate covient a luy daver conge le Roy de faire cest Grant ou Alienation le chief Seigniors Ä‘ queux tiels TerrÌ„ sont tenus c. autermÌ„t le terrÌ„ issint alien en Mortmaine serra forfeit ê‘ le Stat. de 15 R. 2. cap. 5. Allay ALlay est le Temper ou mixture de Or Argent ove plus base metal pur l'augmenter del pois de ceo entant que poit countervaile le charge del Roy en le coynage Cest parol est use en le Statute 9 H. 5. cap. 11. pur le payment del Or Anglois per le pois le Roy. Almner ALmner est un Officer del Hostel le Roy son Office est pur dispence les Alms le Roy chescun jour a cest purpose il ad le collect ' des touts Forfeitures des Deodands des biens des Felons de se que le Roy luy allow pÌ„ disposer eÌ„ Alms as povers Et de son Office vide Fletam l. 2. c. 22. Almoin ALmoin Veies Aumone Alnageor ALnageor est un Officer del Roy que per luy mesme ou ê‘ son deputy vey al Assise de tout le Pane que est fait de Lane per tout le Terre a mitter Signets pur tiel purpose ordeignes al eux 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. Et il est destre accomptable al Roy pur chescun Pane que est issint seale en un Fee ou Custome a ceo apperteignant Altarage ALtarage en Latin Altaragium signify Duties Offerings al sainct Altars mention 2 Cro. Rep. 516. que un Vicarage fuit endow ove ceo petit disms Ambidexter AMbidexter est celuy que quant un matter est en suit ê‘nter homes prist argent de lun part del aut ' ou pur labour le Suit ou tiels semblables ou sil soit del Jury pur dire son Verdict Amendment AMendment est quant Error est en le Process les Justices poieÌ„t cÌ„ amen â— apres Judgment Mes si Error soit eÌ„ Judgment done ils ne poieÌ„t amender ceo mes le party est mis al BreÌ„ de Error Et en plusors Cases lou le default appiert en le Clerk qÌ„ escria le Record il serra amend mes tiels choses que vient ê‘ information del party come le Ville Mysterie hujusmodi ne serra amend car il doit informer uray a son peril Amercement AMercement pluis properment est un Penalty assess per les Peers ou pares del partie amÌ„cie pur un offence fait come pÌ„ default â— Suit de Court ou pur non amend Ä‘ ascÌ„ chose qÌ„ il fuit appoint de redresser devant ou pur tiel semblable cause en quel case le party que offend soy mist en le mercie del Roy ou Seignior sur ceo cel Penalty est appel Amerciament Et la est un difference perenter AmerciamÌ„ts Fines Kitch 214. Car Fines sont punishments certain que cresceront expresment de ascun Statute Amerciaments sont tiels que sont arbitrablement impose per les aff â— eerors quel Kitch semble a confirmÌ„ fol. 78. en ceux parolx Amerciament est affere per Pares Auxy il appiert Coke lib. 8. f. 39. que un Fine est touts foits impo â— e assesse per le Court mes Amerciament qÌ„ est appel en Latin Misericordia est assesse ê‘ Pays Auter diversity la est come si home soit convict devant le Vicount en le County â— un Recaption il serra forsque amercie mes sil soit convict de ceo en le Common Bank il serra fine Et le reason de cest diversity est Que le County-Court nest pas Court de Record pur ceo ne poit imposer un Fine car nul Court poit imposer Fine mes tiel Court qÌ„ est de Record Coke lib. 8. fo 41. a. Si le Defendant ou Tenant plead un faux Fait a luy ou deny son fait demesnÌ„ ceo est trove vers luy ou sil relicta verificatione cognoscit Actionem il serra fine pur fauxism Quia certi debemus esse de proprio facto Mes si ua deny le Fait son Ancestor ceo est trove vers
en Religion ou luy disable issint que il ne puit luy prender accordant a le dit Condition donques la feme Donour ses Heirs avera le dit Brief vers lui ou vers quecunque est eins en le dit Terre Mes cest Condition doit estre fait per Endenture auterment cest Brief ne gist Et touts ceux auters Briefs 〈◊〉 Entre poient este fait en le Per Cui Post Entrusion ENtrusion est un Brief que gist lou Tenant pur vie devie seisie de certain Terres ou Tenements un Estrange entra celuy en ia Reversion avera cest Brief vers l'Abator ou quecunque que soit eins apres lour Entrusion Auxy un Brief de Entrusion serra maintainable pur le Successor de un Abbe vers l'Abator que enter en ascun Terres ou Tenements Tempore vocationis que appent a la Esglise per le Statute de Marlebridge cap. uâ—timo Et il semble que le difference perenter un Entrudor un Abator est en ceo Que un Abator est celuy que entra en Terres void per le mort de un Tenant en Fee un Entru â— or est celuy que entra en Terres void per le mort de un Tenant pÌ„ vie ou ans Veies F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard est un Brief que gist ou le Heir deins age entra en ses Terres tient hors son Seignior car en ti â— l case le Seignior navera le Brief de commun Custodia mes cest Brief de Entrusion 〈◊〉 Gard. Veil N. B. fol. 90. Enure ENure signifie Prendre place ou effect estre available Come un Release enura per voy d'Entinguishment Lit. Ca. Release Equitie EQuitie est en deux manners ceux de contrarie effects car un abri â— ge â— ol le letter del Ley l' auter enlarge adde a eo Le primer est issint define Equilas est Correctio Legis generatim latae qua parte deficit le quel Correction del general â— ols est mult use en nrÌ„e Ley. Sicome pur exampleo Quant Act de Parliament est fait quecunque qÌ„ fait tiel act serra Felon serra mise al mort uncorÌ„ si home de Non sane memorie ou Enfant que nad discretion le fait is ne serront Felons ne mise al mort Auxy si Statute soit fait Que touts persons que receiveront ou doneroÌ„t maunger ou boyer ou aut ' aid a cestuy que fera tiel act serront accessary a son Offenc serront mise al mort si ils conusteront del fact uncorÌ„ l'un fait tiel act veigne a sa proê‘femÌ„ qÌ„ sciaÌ„t ceo luy receive done maunger boyer a luy el ne serra Accessary ne Felon car ê‘ le generalitie â— les dits parols cestuy de Non sane memorie Enfant ne feme fueront enclude en Entent de Ley. Et issint Equitie correct le generaltie del Ley eÌ„ ceux cases les parols generals soÌ„t ê‘ Equitie abridge Laut ' Equit â— e est definÌ„ estre un Extension des parols de la Ley al Cases non exprimez ayant neantmoins la mesm â— raison Ainsi qnÌ„t les parols enact un chose ils enact touts choses que sont eÌ„ semblables degrees SicoÌ„e le Statute que ordeigne Que en Action de Det vers Executors cestuy que vient per Distresse respondera extenda per Equite al Administratours car cestuy de eu â— que vient primes ê‘ Distresse respondera per Equitie del dit Act quia sunt in aequali genere Issint le Statute de Gloucester done l' Action de Waste le Punishment de ceo vers cestuy que tient pur vie ou ans per l' Equitie de ceo home avera Action de Waste vers cestuy que tient sorsque pur un an ou demy an uncore ceo est hors del parols del Statute car cestuy que tient sorsque pur demy an ou un an ne tient pur ans mes ceo est l' entent les parol quel enact l'un per Equitie enacteront l' auter Errant ERrant id est Intinerans ven â— st del parol Francois Errer id est Errare ou del vieux parol Erre id est Iter est appropriate as Justices que alont en Circuit as Bailies a large que pur ceo sunt appelle Justices Errants Bailies Errants eo qÌ„ ils alont travailont del un lieu al auter l' un pur faire Justice auter per executer Proces Veies Eire Error ERror est un Fau â— t en un Judgment ou en le Proceste ou Proceeding al Judgment ou eÌ„ Execution sur ceo en Court de Record quel Fault en le Civil Ley est appel uÌ„ Nullitie Auxy Error est le nosmÌ„ 〈◊〉 uÌ„ Brief gist lou JudgmÌ„t est donÌ„ eÌ„ le ComÌ„on Banke ou devant Justice en Assise ou devant Justice de Oyer Terminer ou devaÌ„t le Maior ou ViscouÌ„t de Londres ou en aut ' Court de Record contra le Ley ou sur undue ou male Proces donques le ê‘tie grieve avera cel Brief ê‘ ceo causera le Record Proces destrÌ„ remove devaÌ„t les Justices de Bank le Roy ia fil Error soit trove il serra reverse Mes si erroneous Judgment soit done en Bank le Roy donques il ne poit este reverse forsque per Parliament tanque le Statute 27 Eliz cap. 8. Auxy si tiel Default soit en Judgment donÌ„ eÌ„ Court qÌ„ nest de Record comÌ„ en Countie Hundred ou Court-Baron donque le ê‘tie avera Brief de Faux Judgment pur faire le Record vener devant Justice de ComÌ„on Bank Auxy si Error soit trove en i'Exchequer il serra redresse per le Chauncelor Treasurer ut patet ê‘ Statute Ed. 3. an 31. c. 12 31 Eliz. c. 1. Est auxi un aut ' breif d'error sur JudgmÌ„t en Bank le Roy Et cest ou le Plaint ' voil assigne matter eÌ„ fait pur Error Et cÌ„ gist eÌ„ mesme le Court car cest Court poit redress lour errors eÌ„ fait mes nemy lour lour Errors en ley mes le Court de Com. B. ne poit issint fair Escape EScape est lou un que est arrest deveigne a son liberty devant que il soit deliver ê‘ Agard de ascuÌ„ Justice ou ê‘ order de Ley. Escape est en deux sorts voluntarie negligent Voluntarie Escape est qnÌ„t un arrest auter pur Felonie ou auter crime puis celuy en que custodie il soit luy lesser aler lou il voit Et si l'Arrest fuit pur Felonie ceo serra dit
ensemble un partition de Terres done en Frank-marriage ovesque auters TerrÌ„ eÌ„ Fee-simple discendus Pur example Un hoÌ„e seifie de 30 acres de Terre en Fee ad issue deux Files done ovesque un 〈◊〉 ses Files al un home que luy marrie 10 acres de c ' Terre en Frank-marriage morust seisie de les auters 20 acres Ore si el que est issint marrie voilloit aver asc ' part d' les 20 acres d' que sa Pere morust seisie el doit mit ' ses Terres done en Frank-marriage en Hotchpot c ' est adire el doit refuser d' pÌ„der les sole Profits â— l Terre dona en Frank-marriage suffer le Terre de estre commixt mingle ensemble ovesque le aut ' Terre de que sa Pere morust seisie issint que un equal Division poit estre fait 〈◊〉 lentire perenter luy sa Soer Et issint pÌ„ sa x acres el avera xv auterment sa Soer voit aver les les xx acres de queux lour Pere morust seisie Housebote HOusebote est necessaire Merisme qÌ„ le Lessee pur ans ou pur vie de common droit poit prender sur le Terre a repairer les Measons sur mÌ„ le Terre a luy lessa nient obstant il ne soit expresse en l' Lease nient obstant il soit un Lease ê‘ Parol sans Fait Mes si il prist pluis qÌ„ besoignÌ„ il poit estre punish ê‘ un Action de Waste HUe and Cry Hue Crie est un Pursuit de uÌ„ aiant comÌ„it Felonie per le Haut chimin car si le partie rob ou ascun en l' coÌ„panie de uÌ„que fuit murdrÌ„ ou rob vient al Constable del ê“chein Ville luy commanda de faire Hue Crie ou de faire Pursuit puis l'Offendor describant le partie cy pres qÌ„ il poit monstraÌ„s quel voy il est ale le Constable doit immediatement de appeller sur le Paroche pÌ„ aiÄ‘ en querance le Felon si il ne soit trove la donque de doner garrein al ê‘chein CoÌ„stable il ad prochein a luy jesque le Offendor soit apprehend ou al meins jesque il soit este pursue al latere de Mere. De ceo veies Bract. l. 3. tr 2. c. 5. Smith de Repub. Angl. l. 2. c. 20. le Statute de Winchest fait An. 13 E. 1. le Stat. de 28. E. 3. c. 11. An. 27. El. c. 13. HUers Huers Veies Conders Hundred HUndreds fueront divide ê‘ Alfred le Roy apres qÌ„ il ad divide le entire RealmÌ„ en certainÌ„ ê‘ts ou sectioÌ„s le q' l â— le Saxon ê‘ol Scyran significaÌ„â— scinder il terme Shires ou sicoÌ„e nous uncorÌ„ ê‘le Shares Portions Ceux Shires il auxy divide en petlts ê‘ts â— queux ascuns fueront appelles Lathes de le ê‘ol Gelathian qÌ„ est de assembIer ensemble aut's Tithings pur ceo qÌ„ la fueroÌ„t en chesc ' de eux al number â— Dize ê‘sons 〈◊〉 que chesc ' fuit Suretie Pledge pur auters bone behaviour auters Hundreds pÌ„ ceo que ils containÌ„ Jurisdiction sur un Hundred hoÌ„es ou Pledges â— murraÌ„t ê‘advent ' en deux ou trois ou pluis Paroches Boroughs ou Villes esteant adjoynant niens meines procheine ensemble en le quel il appoint administration de Justice destre exercise severalment enter eux de mesme le Hundred nemy qÌ„ l'un irra hors disorderment en l'auter Hundred Lathe ou Tithing en que il ne demurt Ceux Hundreds continue a cest jour en force nient obstant ne en tout al mÌ„ le purpose pur que al primer ils fueront ordeine uncore a ore mult necessarie en temÌ„ps de Peace pur bonÌ„ order de GovernmÌ„t divers voies en Guerre pÌ„ certaintie de levying de hoÌ„es come autermÌ„t pÌ„ le pluis speedie Collection des Payments grant en Parliament a les Roys de ceo Realme Hundred-Lagh HUndred-Lagh signifie le Hundred-Court de quel touts les Officers â— l Forrest l' Roy fueront exempt per le Chartre de Canutus cap. 9. Hundredum HUndredum est quietum esse de Denariis vel Consuetudinibus faciendis Praepositis Hundredariis Husfastene HUsfastene quasi Domi fixus est il qÌ„ tient Meason TrÌ„e Br. l. 3. tr 2. c. 10. Hustings HUstings Hustingium est un Court de Common-Plees tenus devant le Maior Aldermen de Londres est le plus hault Court que ils ont car Error ou Attaint gist la dun Judgement ou faux Verdict en le Court le Viscount come appiert per Fitzh N. B. 22 H. c. ê‘ le Statute de 11 H. 7. c. 21. Et auters Cities Boroughs o Ì„t ew uÌ„ Court de mÌ„ le nosmÌ„ coÌ„e Winchester Lincoln York Sheppy Issint appel ' 〈◊〉 le Saxon Hus Domus Thing Causa quasi Domus Causarum I. Idemptitate ou Identitate nominis IDemptitate nominis est un Brief qÌ„ gist louÌ„ Brief de Det Covenant Accompt ou tiel semblable Brief est port vers un home un auter que ad mesme le nosme ove le Defendant est pris pur luy donques il avera cest Brief per que le Viscount ferra inquirie devant le Jestice assigne in mesme le Countie si soit mesme le ê‘son ou memy â— i ne soit trove le partie donques il alera sans jour en peace Ideot IDeot est celuy que est un Sot natural de sa neisture ne scavoit d' accompter xx d. ou nosme son Pere ou Mere ne de quel age luy mesme est ou tiel semblable plaine common choses issint q' il appiert que il nad ascun manÌ„er d'Intendment reason ou governmÌ„t â— luy mesmÌ„ Mes si il poit lier ou apprehender de lier ê‘ instruction information des auters ou poit measure un Ulne â— e drape ou nosme les Jours en le semaigne ou engen â— un Enfant ou tiel semblable ê‘ qÌ„ il poit appear que il ad asc ' lumen de Reason tiel nest Ideot naturalmeÌ„t Jeofaile JEofaile est quant les parties al ascun Suit en pleadant ont a tant ê“ceed que ils ayant joyne Issue quel serra trie ou est trie ê‘ un Jurie ou Enquest cel Pleading ou Issue est cy malement plede ou joyne que il serra Error si eux ê“ceed donque ascun del dits parties poit per lour Councel monstre c ' al Court auxy bien apres Verdict done devant Judgment come devant le Jurie soit charge Et le Councel dirra Cest Enquest ne doit prend ' Et si soit apres Verdict donques