Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	acre_n	call_v	contain_v	2,755	5	9.1790	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28468	Nomo-lexikon, a law-dictionary interpreting such difficult and obscure words and terms as are found either in our common or statute, ancient or modern lawes : with references to the several statutes, records, registers, law-books, charters, ancient deeds, and manuscripts, wherein the words are used : and etymologies, where they properly occur / by Thomas Blount of the Inner Temple, Esq.	Blount, Thomas, 1618-1679.	1670 (1670)	Wing B3340; ESTC R19028	517,540	312

Is a Writ lying for Cattle in Withernam Reg. of Writs fol. 82. 83. See Withernam Capias in Withernamium de Homine Is a Writ that lies for a Servant in Withernam Reg. fol. 79. 80. See Withernam Capias conductos ad proficiscendum Is an Original Writ which lies by the Common Law against any Soldier that hath covenanted to serve the King in his War and appears not at the time and place appointed directed to two of the Kings Serjeants at Arms to arrest and take him wheresoever he may be found and to bring him Coram Consilio nostro with a Clause of Assistance 4 Inst fol. 128. Capite from Caput i. Rex unde tenere in Capite i. Tenere de Rege omnium terrarum Capite Was a Tenure which held of the King immediately as of his Crown were it by Knights Service or Soccage Broke tit Tenures 46 94. Dyer fol. 123. num 38. But by Stat. 12 Car. 2. cap. 24. all Tenures by Knights Service of the King or of any other person Knights Service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof are taken away and discharged from 24 Febr 1645. And all Tenures of all Mannors Lands c. held either of the King or of any other person from that time shall be construed and taken for ever to be turned into free and common Soccage And all Tenures hereafter to be created by the King upon any Gifts or Grants of Mannors Lands c. are by that Statute ordained to be in free and common Soccage onely and not by Knights Service or in Capite and are to be discharged of all Wardship c. Caption Captio When a Commission is executed and the Commissioners names subscribed to a Certificate declaring when and where the Commission was executed that is called the Caption which commonly begins thus Virtute istius Commissionis nos c. Or Executio istius Commissionis patet in quadam Schedula annexata c Capture Captura The taking a prey a little gain an Arrest or Seisure Anno 14 Car. 2. cap. 14. Caput Baroniae Is the Castle or cheif Seat of a Nobleman which is not to be divided among Daughters if there be no Son but must descend to the eldest Daughter Caeteris filiabus aliundè satisfactis Carecta Carectata Sax. Cret unde Cart A Cart or Cart-load Facient precarias de Caruca Carecta i. De aratro carro Custumar Prior. Lewes M. S. Quinque Carectatas clausturae ad praedictae terrae clausturam sustinendam Mon. Angl. 2. par fol. 340. a. Caretarius A Carter Sciant quod ago Herewardus Pril Dedi In liberam puram perpetuam Eleemosinam Deo Altari B. Mariae in Conventuali Ecclesia Leominstr xii d annui reditus provenientes de quodam Mesuagio in Marisco quod fuit Ricardi Caretarii c. sine Dat. Ex libro Cart. Priorat Leominstr See Carreta Cark Is a quantity of Wool thirty whereof make a Sarpler Anno 27 Hen. 6. cap. 2. See Sarpler Carno Seems to signifie an immunity or priviledge Cromp. Jurisd fol. 191. Prior de Melton se homines suos immunes clamat ab omnibus Amerciamentis in Foresta ab omnibus Geldis Footgeldis Buckstals Tritis Carno Sumag c. Itin. Pick. fol. 168. b. Quaere Carpemeals A course kinde of Cloth made in the North of England and mentioned Anno 7 Jac. cap. 16. Carreta aliàs Carrecta Was anciently used for a Carriage Wain or Cart-load Sciant praesentes futuri quod ego Henricus de Ribesford Dedi Rogero filio Ade Pistonis pro Homagio Servicio suo totum pratum meum de Wiggemore Reddend inde annuatim mibi haeredibus meis ipse haredes sui unam Carretam soeni rationabilem bene foenatam c. Sine dat Penes Tho. Bridgwater gen Carrick or Carrack Carrucha A Ship of great burden so called of the Italian word Carico or Carco a burden or charge Mentioned 2 Rich. 2. cap. 4. Cartel See Chartel Carucage Carucagium As Hidage was a Taxation by Hides of Land so Carucage was by Carucata s of Land Dederunt S. Edmundo de qualibet Carucata terrae in toto Episcopatu quatuor Denarios annuos quod usque modo ea de causa Carucagium est appellatum Mon. Angl 1 par fol. 294. a. Carrucate or Carve of Land Carrucata terrae of the Fr. Charrue i. aratrum Is a certain quantity of Land by which the Subjects have sometimes been taxed whereupon the Tribute so levied was called Carvagium Bracton lib. 2. cap. 26. num 8. Carucata t●rrae A Plough Land may contain Houses Mills Pasture Meadow Wood c. Coke on Littl. Sect. 119. Carrucata is sometimes also used for a Cart-load Una Carrucata ligni in Foresta nostra quae appellatur defensa Mon. Angl. 2. par fol. 311. a. Littleton cap. Tenure in Soccage saith that Soca idem est quod Caruca a Soke or Plough-Land are all one Yet Stow in his Annals pag. 271. says The same King Henry took Carvage that is two Marks of Silver of every Knights Fee towards the Marriage of His Sister Isabel to the Emperor Where Carvage cannot be taken for a Plough-Land except there were some other farther division whereby to raise of every Plough-Land so much and so consequently of every Knights Fee that is of every 680 Acres two Marks of Siver Rastal in his Exposition of Words says Carvage is to be quit if the King shall tax all the Land by Carves that is a priviledge whereby a Man is exempted from Carvage Skene says it contains as great a Portion of Land as may be labored and tilled in a year and day by one Plough which also is called Hilda or Hida terrae a word used in the old British Laws Lamb. in the end of his Eirenarcha translates Carrucatam terrae a Plough-Land The word Carve is mentioned in the Statutes of Wards and Relief made 28 Edw. 1. And in Magna Char. cap. 5. Anno 1200 facta est Pax inter Johannem Regem Angliae P. Regem Franciae c. Et mutuavit Regi Franciae 30 millia Marcarum pro quibus collectum est Carvagium in Anglia scil iii s. pro quolibet aratro Ex Registro Priorat ●e Dunstaple in Bibl. Cotton See Coke on Littl. fol. 69. a. Cassatum Cassata Habitaculum cum terra idonea ad unam familiam alendam alias Casamentum Saxonibus nostris ride Bedâ Familia Ego Forterus famulus famulorum Dei pro redemptione animae meae unum Cassatum dedi Aldberto Abbati quae sita est juxta fluvium Aesee ad portam quae dicitur Bledenithe ad insulam parvam ad Ecclesiam beati Martini Confessoris in propriam substantiam Habendum Donandumque cuicunque voluerit Qui hanc cartam infringere temptaverit sciat seipsum a Communione Sanctorum separatum ab omnipotenti Deo + Ego Forterus

Si quis amicis destitutus vel alienigena ad tantum laborem veniat ut amicum non habeat in prima accusatione ponatur in Hengen ibi sustineat donec ad Dei judicium vadat LL. Hen. 1. cap. 65. Hengwite Significat quietantiam misericordiae de latrone suspenso absque consideratione Fleta lib. 1. cap. 47. See Hankwit Herald Heralt or Harold Ital. Heraldo Fr. Herault Vel quasi Herus altus Signifies an Officer at Arms whose Function is to denounce War to proclaim Peace and to be employed by the King in Martial Messages Thus described by Polidore lib. 19. Habent insuper Apparitores ministros quos Heraldos dicunt quorum praefectus Armorum Rex vocitatur hii belli pacis nuncii Ducibus Comitisque à Rege factis insignia aptant ac eorum funera curant They are Judges and Examiners of Gentlemens Arms and Conservers of Genealogies they Martial the Solemnities at the Coronation and Funerals of Princes Manage Combats and such like The three chief are called Kings at Arms of which Garter is the Principal instituted and created by Henry the Fifth Stows Annal. pag. 584. whose office is to attend the Knights of the Garter at their Solemnities and to Marshal the Funerals of the Nobility yet I finde in Plowden Casu Reneger Fogossa that Edward the Fourth granted the Office of King of Heralds to one Garter Cum feudis proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the Fourth who attaining the Dukedom of Clarence by the death of George his Brother whom he beheaded for aspiring the Crown made the Herald which properly belonged to that Dukedom a King at Arms and called him Clarentius His proper office is to martial and dispose the Funerals of all the lesser Nobility as Knights and Esquires through the Realm on the South-side Trent The third is Norroy quasi North-Roy whose office is the same on the North-side Trent as Clarentius on the South as is intimated by his name signifying the Northern King or King at Arms of the North parts Besides these there are six other properly called Heralds according to their original as they were created to attend certain great Lords c. in Martial Expeditions viz. York Lancaster Somerset Richmond Chester Windsor Lastly there are four other called Marshals or Pursuivants at Arms who commonly succeed in the place of such Heralds as die or are preferred and those are Blew-mantle Rouge-cross Rougedragon and Percullis These Heralds are by some Authors called Nuncii Sacri and by the Ancient Romans Feciales who were Priests Kings at Arms are mentioned in the Statute of 14 Car. 2. cap. 33. Of these see more in Sir Hen. Spelmans learned Glossarium Herbage Fr. Lat. Herbagium Signifies the Pasture or Fruit of the Earth provided by nature for the Bit or Mouth of the Cattle And it is commonly used for a Liberty that a Man hath to feed his Cattle in another Mans Ground as in the Forest Cromp. Jur. fol. 197. Occurrit frequens says Spelman pro jure depascendi alienum solum ut in Forestis OMnibus Hugo de Logiis salutem Sciatis me dedisse Thomae de Erdyngton totam terram meam de Alfledemore cum pertin Reddendo inde annuatim sex sagittas barbatas ad festum S. Mich. Salvo mihi Marg. uxori meae quod nos in praedicta terra habebimus Liberum Herbagium ad custum nostrum nobis omnibus hominibus nostris de familia nostra transeuntibus c. Sine Dat. Penes Wil. Dugdale Arm. Herbenger from the Fr. Herberger i. Hospitio accipere Signifies with us an Officer of the Kings Court who allots the Noblemen and those of the Houshold their Lodgings Kitchin fol. 176. uses it for an Inn-keeper Herciebant a Gal. Hercer to Harrow Arabant Herciebant ad Curiam Domini i. They did Plough and Harrow at the Mannor of the Lord. 4 Inst fol. 270. Hereditaments Haereditamenta Signifie all such immovable things be they corporeal or incorporeal as a Man may have to himself and his Heirs by way of inheritance see 32 Hen. 8. cap. 2. or not being otherwise bequeathed do naturally and of course descend to the next Heir and fall not within the reach of an Executor or Administrator as Chattels do It is a word of great extent and much used in Conveyances for by the Grant of Hereditaments Isles Seigniories Mannors Houses and Lands of all sorts Charters Rents Services Advowsons Commons and whatsoever may be inherited will pass Coke on Littl. fol. 6. Haereditamentum est omne quod jure haereditario ad haeredem transeat Herefare Sax. Profectio militaris expeditio See Subsidy Heregeat See Hariot Heregeld Sax. Pecunia seu tributum alendo exercitui collatum See Subsidy Heriot See Hariot Herestita or Heressia Signifies a Soldier hired and departing without Licence from the Saxon Here exercitus slitan scindere dissolvere not from Sliten to depart as in 4 Inst fol. 128. Hermitage Heremitagium The Habitation of a Hermite a solitary place Vulgariter autem locus iste a laicis Heremitagium nuncupatur propter solitudinem non quod Heremita aliquis aliquo tempore ibidem solebat conversari Mon. Angl. 2 par fol. 339. b. Hermitorium Is by some Authors confounded with Hermitage but I have seen it distinguished to signifie the Chappel or place of Prayer belonging to an Hermitage for I finde in an old Charter Capellam sive Hermitorium Herpsac See Frodmortel Hesta or Hestha Hestam intelligo pro Capo seu Gallo castrato vel pullo quodam gallinaceo A Gal. Hestoudeau a Cockerel or Caponet Spel. See Rusca Hest-corne In redeundo vero Rex Athelstanus post peractam victoriam declinavit per Ebor. versus Beverlacum ac nonnullas possessiones redimendo Cullellum per 〈…〉 eum ibi depositum dedit Deo glorioso Confessori Johanni praedicto ac septem Presbyteris ibidem Deo servientibus Quasdam avenas vulgariter dictas Hestcorne percipiendas de Dominiis Ecclestis in illis partibus quas Ministri dictae Ecclesiae usque in praeseus percipiunt pacifice quiete Mon. Angl. 2 par fol. 367. b. Hexam Was anciently a County of it self and a Franchise where the Kings Writ went not but by the Statute of 14 Eliz. cap. 13. Hexam and Hexamshire shall be within the County of Northumberland See 4 Inst fol. 222. It was also of old a Bishoprick by the name of Episcopatus Hagustaldensis See Mon. Angl. 2 par fol. 91. Hide of Land Sax. Hyde-Lands ab Hyoen tegere Tanta fundi portio quanta unico per annum coli poterat aratro A Plough-Land In an old Law Manuscript it is said to be 120 Acres Bede calls it Familiam and says it is as much as will maintain a Family Others say it is four Yardland Cromp. in his Jurisd fol. 222. says A Hide of Land contains One hundred Acres and eight Hides make a Knights Fee Hida autem

c. Reg. of Writs fo 293. b. Terra frusca Continens xl acras terrae fruscae pasturae c. Mon. Angl. 2 Par. fo 327. b. Fresh-land or such as hath not been lately plowed This is elsewhere written Terra frisca Terra nova Saepe legitur in Chartis feodalibus in sensualibus schedulis vel proterra noviter concessa vel noviter assarta Prior. Lew. pa. 1. Reddat pro nova terra 2 sol Spe 〈…〉 Terra vestita Is used in ancient Charters for Land sown with Corn. Terra sabulosa Lat. Gravelly or grossesandy land Et praedictae xxiiii acrae terrae valent per ann xiii sol iv denar non plus quia est terra sabulosa Inq. 10 Ed. 3. n. 3. Norf. in Turr. Lond. Terra puturata See Putura Terra lucrabilis Tam in Mora quam in terra lucrabili Marais cum omnibus piscariis suis Mon. Angl. 1 Par. fo 406. a. Land that may be gained from the Sea or inclosed out of a Wast to particular use Terra excultabilis Totam illam terram excultabilem quam habuit apud Norwicu 〈…〉 in Campis Mon. Angl. 1 Par. fo 426. b. Land that may be till'd or plow d. Terra culta Land that is Tilled or 〈◊〉 nured and terra inculta the contrary see Wacnoth Terrage Terragium Edward the Third granted by Patent to John of Gaunt and Blanch his Lady for their live quod sint qui 〈…〉 de Theolonio Savagio Passagio Lastagio Tallagi● Carvagio Prisagio Pickagio Terragio which seems to be an exemption a Praecariis viz. Boons of Plowing Reaping c. and perhaps from all Land-Taxes Terrar Terrarium vel Catalogus ter 〈…〉 Is a Book Survey or Land-Roll wherein the several Lands either of a single person or of a Town are described containing the quantity of Acres boundaries Tenants names and such like Anno 18 Eliz. ca. 17. In the Exchequer there is a Terrar of all the glebe-Glebe-lands in England made about 11 Edw. 3. Terris bonis catallis rehabendis pest purgationem Is a Writ that lies for a C 〈…〉 to recover his Lands Goods or Chattels formerly seized on after he has cleer'd himself of that Felony upon suspition whereof he was formerly convict and deliver'd to his Ordinary to be purg'd Reg. of Writs fo 68. b. Terris liberandis Is a Writ that lies for a Man convicted by attaint to bring the Record and Process before the King and to take a Fine for his Imprisonment and to deliver him his lands and Tenements again and to release him of the Strip and Waste Reg. of Writs fo 232. a. Terris catallis tentis ultra debitum levatum Is a Writ Judicia for the restoring Lands or Goods to a Debtor that is distreined above the quantity of the Debt Reg. Jud. fo 38. b. Terre tenant Terrae tenens Is he who has the natural and actual possession of the Land which we otherwise call the Occupation Anno 39 Eliz. ca. 7. For example a Lord of a Mannor has a Freeholder who lets out his free-free-land to another this other having the actual possession Is called the Terre-tenant West Par. 2. Symb. tit Fines Sect. 137. Cromp. Jurisd fo 194. Britton ca. 29. Perkins Feoffments 231. Ters See Tierce Tertian A Measure containing fourscore and four Gallons Anno 1 Rich. 3. ca. 13. 2 Hen. 6. ca. 11. So called because it is the third part of a Tun. Tertium denarium See Third-peny Testament Testamentum What it is in the common signification see in Will It was anciently used according to Spelman pro Scripto charta vel instrumento quo praediorum rerumve aliarum transactiones perficiuntur sic dictum quod de ea re vel testimonium ferret vel testium nomina contineret siquis contra hoc meae authoritatis Testamentum aliquod machinari impedimentum praesumpserit c. Charta fundationis Croylandiae ab Aethelbaldo Rege Anno Dom. 716. Testator Lat. He that makes a Testament See Swinborn of Wills and Testaments and see Will. Testatum Is a Writ in personal Actions As if the Desendant cannot be arrested upon a Capias in the County where the Action is laid but is returned non est inventus by the Sheriff This Writ shall be sent out into any other County where such person is thought to have whence to satisfie which is termed a Testatum because the Sheriff has formerly testified that the Defendant was not to be found in his Balywic See Kitchins return of Writs fo 287. b. Leste Is a word commonly used in the last part of every Writ wherein the date is contained which begins with these words Teste me ipso c. if it be an original Writ or if judicial Teste Johan Keeling Milite or Iohanne Vaughan Mil. according to the Court whence it comes Yet we read in Glanvile lib. 1. ca. 6. 13. lib. 2. ca. 4. The last Clause of an Original Writ to be Teste Radulpho de Glanvilla apud Clarendon c. and divers times in the Reg. of Writs Teste Custode Angliae as namely in the Title Prohibition fo 42. a. Consultation fo 54. b. Testimonial Anno 39 Eliz. 17. Is a Certificate under the hand of a Justice of Peace Testifying the place and time when and where a Souldier or Mariner landed and the place of his dwelling and birth unto which he is to pass c. or such like 3 Inst fo 85. Teston Anno 2 3 Ed. 6. ca. 17. A sort of Money which among the French did bear the value of 18 Denar and so perhaps formerly in England but in Henry the Eighths time being made of Brass lightly gilt with Silver it was reduced to 12 d and in the beginning of Edward the Sixth to 9 d afterterwards to 6 d. Thack-tile Anno 17 Edw. 4. ca. 4. otherwise called Plain-tile which are laid on the side of a House Thanage of the King Thanagium Regis Signify'd a certain part of the Kings Lands or Property whereof the Ruler or Governor was called Thane Domania Regis and Thanagia idem significant Sayes Skaene Thane or Theyn Thanus from th'Saxon thegen Signifies sometimes a Nobleman sometimes a Free-man sometimes a Magistrate but more properly an Officer or Minister of the King This appellation was in use among us after the Norman Conquest as appears by Doinesday and by a certain Writ of William the First Willielmus Rex salutat Hermannum Episcopum Stewinum Britwi omnes Thanos meos in Dorsestrensi pago amicabiliter MS. de Abbotsburi Skaene sayes it is the name of a Dignity equal with that of the Son of an Earl Cambden sayes They were enabled onely by the Office which they administred See Mills de Nobilitate fo 132. Theft Furtum Is an unlawful Felonious taking away another mans moveable and personable Goods against the owners will with an intent to Steal them which is divided into Theft simply so called and petit

both before and after Coke on Lit●l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio

lx fol. Et inde producit sectam c. praedictus Johannes venit c. Et non dedicit Conventionem praedictam Et quia videtur Curiae quod tale placitum non jacet inter Christianos Ideo partes praedicti adjournantur usque in infernum ad audiendum judicium suum utraque pa●s in misericordia c. Conventione Is a Writ that lies for the breach of any Covenant in writing Reg. of Writs fol. 185. Old Nat. Br. fol. 101. Fitz. Nat. Br. fol. 145. calls it a Writ of Covenant who divides Covenants into personal and real making a discourse of both as also how this Writ lies for both Conventuals Are those Religious Men who are united together in a Convent or Religious House See Frier Observant Conventual Church See Parish Convict Convictus Is he that is found guilty of an O●fence by Verdict of a Jury Stamf. Pl. Cor. fol. 186. yet Crompton out of Judge Dyers Commentaries 275 saith That Conviction is either when a Man is outlawed or appears and confesseth or else is found guilty by the Inquest Cromp. Jus● of Peace fol. 9. Conviction and Attainder are often confounded See Attaint and Attainted A Convict Recusant Is one that hath been legally presented indicted and convic● for refusing to come to Church to hear the Common-Prayer according to the Statutes 1 Eliz. 2. 23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants though any others that refuse to come to Church for the purpose aforesaid may as properly be called Recusants See Ju●y Convocation Convocatio Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament And as there are Two Houses of Parliament so are there Two Houses of Convocation the one called the Higher Convocation House where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation House where all the rest of the Clergy sit Anno. 25 Hen. 8. cap. 19. See Prolo●utor Conusance See Cognisance Conusant Fr. Cognoissant Knowing understanding apprehending If the son be Conusant and agrees to the Fe 〈…〉 ment c. Coke on Littl. fol. 159. b. Conusor See Cognizor Coopertura A Thicket or Covert of Wood. Carta de Foresta cap. 12. Ca●●●ceners Farticip●s Otherwise called Parceners are such as have equal portion in the inheritance of their Ancestor Littleton lib. 3. says Paroenors are either by Law or by Custom Parcenors by Law are the issue Female which in default of Heir-male come in equality to the Lands of their A 〈…〉 Bracto● lib. 2. cap. 30. Parce●●rs by Cust●● are those who by custom of the Country challenge equal part in such Lands as in Kent by ●●volkind Of these you may read more at large in Littl. lib. 3. cap. 1. 2. and Brittan cap. 27. The Crown of England is not subject to Coparcinery Anno 25 Hen. 8. cap. 22. Cope Is a Custom or Tribute due to the King or Lord of the Soil out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby of which thus Mr. Manlove in his Treatise of those Liberties and Customs Printed 1653. Egress and Regress to the Kings High-way The Miners have and Lot and Cope they pay The Thirteenth Dish of Oar within their Mine To the Lord for Lot they pay at Measuring time Six pence a Load for Cope the Lord demands And that is paid to the Berghmasters hands c. Copia libelli deliberanda Is a Writ that lies in Case where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefiastical Reg. of Writs fol. 51. Copihold Tenura per Copiam Rotuli Curiae Is a Tenure for which the Tenant hath nothing to shew but the Copy of the Rolls made by the Steward of his Lords Court For as the Steward enrols and makes Remembrances of all other things done in the Lords Court so he does also of such Tenants as are admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant keeps as his onely evidence Coke lib. 4. fol. 25. b. This is called a Base Tenure because it holds at the Will of the Lord. Kitchin fol. 80. cap. Copiholds Fitzh Nat. Br. fol. 12. says It was wont to be called Tenure in Villenage and that Copihold is but a new name and yet it is not simply at the Will of the Lord but according to the Custom of the Mannor So that if a Copiholder break not the Custom of the Mannor and thereby forfeit his Tenure he seems not so much to stand at the Lords curtesie for his right that he may be displaced at his pleasure These Customs are infinite varying in one point or other almost in every several Mannor Copiholders do upon their Admittances pay a Fine to the Lord of the Mannor of whom the Lands are holden which Fines are in some Mannors certain in others incertain Those which are incertain the Lord rates at what Fine he pleaseth but if it exceeds two years value the Courts of Chancery Kings Bench Common Pleas or Exchequer have in their several Jurisdictions power to reduce the Fine unto two years value Copiholds are a kinde of Inheritance and called in many places Customary because the Tenant dying and the hold being void the next of the Blood paying the Customary Fine as Two shillings for an Acre or such like may not be denied his admission Secondly some Copiholders have by Custom the Wood growing upon their own Land which by Law they could not have Thirdly Others hold by the Verge in ancient Demesns and though they hold by Copy yet are they in account a kinde of Freeholder for if such a one commit Felony the King hath Annum diem vastum as in case of Freehold some others hold by Common Tenure called Meer Copihold whose Land upon Felony committed Escheats to the Lord of the Mannor Kitchin fol. 81. Cha. Tenants per Verge in ancient Demesn This is the Land which in the Saxons time was called Folkland West Par. 1. Symbol lib. 2. sect 646. says A Copiholder is he who is admitted Tenant of any Lands or Tenements within a Mannor which time out of minde by the use and custom thereof have been Demisable to such as will take the same by Copy of Court-Roll according to the custom of the said Mannor c. Where you may read more on this subject see Freebench Coram non judice In a Cause whereof they the Judges have not any Jurisdiction and then it is Coram non judice 2 Part. Croke fol. 351. Powels Case Coraage Coraagium Is a kinde of Imposition extraordinary growing upon some unusual occasion and it seems to be of certain Measures of Corn. For Corus tritici is a Measure of Corn. Bracton lib. 2. cap. 116. num 6. Who in the same Chapter num 8. hath these words Sunt etiam quaedam communes praestationes quae

21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter

Kinred of a slain person in recompence of his Murder LL. Aedmundi cap. ult Frum-stol Sax. Sedes primaria the cheif Seat or Mansion-House by some called the Fome-stal LL. Inae Regis cap. 38. Frussura from the Fr. Froissure A breaking down or demolishing Dedi eis nonam garbam tam in Frussuris quae de novo fiunt quam in c. Mon. Angl. 2 Par. fol. 394. b. Frustrum terrae A small peece of Land Residuum quiddam praeter acras numeratas vel campum mensuratum Cum in Domesday Frustrum terrae accipiatur pro ampla portione seorsum à campo villâ Manerio jacenti Domesday tit Hantisc Rex Abedestone In Insula habet Rex unum Frustrum terrae unde exemit 61. Vomeres lego Frustum Spelm. Fryth Sir Edward Coke on Littl. fol. 5. b. expounds it a Plain between two Woods a Lawnd Chaucer uses it for a Wood. Camden in his Britan. for an Arm of the Sea or great River Maketh his issue into the Estuary or Frith of Thames Smith in his Englands Improvement makes it signifie all Hedg-wood except Thorns How to reconcile these I know not but am sure the Saxon Friþ signifies Peace Frythborgh from the Sax. Friþ i. Pax and borge fidejussor Et sint quieti de Frythborgh de Blodewite Fithwyte Ferdwyte c. Record Pasch 6 Hen. 4. Rot. 24. It might here signifie a Freedom from giving security of the Peace Fuage or Focage a foco In the Reign of Edward the Third the Black Prince of Wales having Aquitain granted him laid an Imposition of Fuage or Focage upon the Subjects of that Dukedom viz. A shilling for every Fire called Herth-Silver Rot. Parl. 25 Edw. 3. Fuer Fr. fuir Lat. fugere Though it be a Verb yet it is used substantively and is twofold Fuer en feit in facto when a Man does apparently and corporally flie and Fuer en ley in lege when being called in the County he appears not until he be outlawed which is flighs in the interpretation of Law Stamf. Pl. Cor. lib. 3. cap. 22. Fugacia Signifies a Chase and is all one with Chasea Charta Matildis Imperatricis Miloni de Glouc. Fugitives Goods Bona fugitivorum Are the proper Goods of him that flies upon Felony which after the flight lawfully found do belong to the King or Lord of the Mannor Coke vol. 6. fol. 109. b. See Waif Fumage Fr. Fumagium Dung or a Manuring with Dung. Et sint quieti de Fumagio Maremio cariando c. Carta R. 2. Priorat de Hertland Pat. 5 Ed. 4. par 3. m. 13. Fumathoes or Fumadoes 14 Car. 2. cap. 31. Our Pilchards garbaged salted hanged in the smoak and pressed are so called in Italy and Spain whither they are carried in great numbers Furca Seucatefurcia fossa i. Gallows and Pit In ancient Priviledges it signified a Jurisdiction of punishing Felons that is Men with Hanging Women with Drowning Of which last take this notable example out of the Records of Rochester Church in the time of Gilbert Bishop there who flourished under Richard the First Anno 1200. Item duo mulieres venerunt in villam de Suffliete quae furatae fuerunt multos pannos in villa de Croindone secuti sunt eas homines ejusdem villae de Croindone quorum pannos furtiv● asportaverunt usque in villam de Suffliete ibi captae fuerunt incarceratae habuerunt judicium suum in Curia de Suffliete ad portandum calidum ferrum quarum una fuit salva altera damnata unde submersa fuit in Bikepole Et hoc totum contigit tempore Gilberti Domini Episcopi in quolibet judicio fuerunt Coronarii Domini Regis Et Paulus de Stanes fuit tunc Cacherellus de Hundredo de Acstane Et per illud tempus Robertus de Hecham Monachus fuit custos de Manerio de Suffliete ad mulieres judicandas fuit Dominus Henricus de Cobeham alii plures homines discreti homines de Patria Fossa is taken away but Furca remains says Sir Edward Coke in his 3 Inst fol. 58. Furlong Sax. Furlang Is a quantity of Ground containing for the most part forty Perches or Poles in length and every Pole sixteen foot and a half eight of which Furlongs make a Mile Anno 35 Edw. 1. cap. 6. It is otherwise the eighth part of an Acre yet I finde in an old Book Printed in Henry the Eighth's time That Six hundred Foot by fivefcore to the Hundred make a Furlong See Acre In the former signification the Romans call it Stadium in the later Jugerum Furlong is sometimes used for a piece of Land of more or less Acres Omnibus Christi Fidel. Johannes Blount de Eye Arm. Dedit Thomae Croft Francisco Lovel Arm. unum Forlongum terrae arabilis continen per aestimationem quatuor Acras c. Dat. 20 Jan. 3 Eliz. Furnage Furnagium Fr. Fournage Est tributum quod Domino furni a sectatoribus penditur ob furni usum Multis enim in locis tenentur vasalli ad coquendum panes suos in furno Domini Est etiam lucrum seu emolumentum quod pistori conceditur in pistionis sumptus mercedem Et tunc potest pistor de quolibet quarterio frumenti lucrare 4 Den. furfur duos panes ad furnagium Assisa panis Cervisiae Anno 51 Hen. 3. See Fornagium Furr from the Fr. fourer i. pelliculare to line with Skins The Stat. 24 Hen. 8. cap. 13. mentions divers kindes of it as Sables which is a rich Fur of colour between Black and Brown being the Skin of a Beast called a Sable of bigness between a Polecat and an ordinary Cat and of fashion like a Polecat bred in Russia but most and best in Tartaria Lucerns which is the Skin of a Beast so called being near the bigness of a Woolf of colour between Red and Brown and mingled with Black-spots bred in Muscovia and Russia and is a very rich Fur. Genets that is the Skin of a Beast so called of bigness between a Cat and a Weezle mailed like a Cat and of that nature bred in Spain whereof there are two kindes Black and Grey and the Black the more precious having black spots upon it hardly to be seen Foins is of fashion like the Sable bred in France for the most part the top of the Fur is Black and the Ground whitish Martern is a Beast very like the Sable the Skin something courser the best are in Ireland Miniver is nothing but the Bellies of Squirrels as some say others say it is a little Vermin like a Weezle Milk white and comes from Muscovy Fitch is that which we otherwise call the Polecat Shanks are the Skin of the Shank or Leg of a kinde of Kid which bears the Fur we call Budge Calaber is a little Beast in bigness near a Squirrel of colour Grey and bred most in High Germany Fustic A kinde of Wood which Dyers use and is brought

Anglice vocatur terra unius aratri culturae sufficiens Hen. Hunting Hist lib. 6. But Sir Edward Coke holds That a Knights Fee a Hide or Plough-Land a yard-Yard-Land or Oxgang of Land do not contain any certain number of Acres On Littl. fol. 69. The distribution of England by Hides of Land is very ancient for there is mention of them in the Laws of King Ina cap. 14. Henricus 1. Maritandae filiae suae gratia Imperatori cepit ab unaquaque hidâ Angliae tres sol Spel. And see Cam. Brit. fol. 158. Hide-lands Sax. Hydelandes Terrae ad Hydamseu tectum pertinentes Hide and gain Did anciently signifie Arable Land Coke on Littl. fol. 85. b. For of old to gain the Land was as much as to Till or are it See Gainage Hidage Hidagium Was an extraordinary Tax payable anciently for every Hide of sand Bracton lib. 2. ca. 6. writes thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius regni introaucta quae ad Dominum feudi non pertinent c. King Etheldred in the year of Christ 994. when the Danes landed at Sandwich taxed all his Land by Hides every 310 Hides of Land found one Ship furnished and every 8 Hides found one Jack and one Saddle for defence of the Realm Willielmus Conquestor de unaquaque Hida per Angliam sex solidos accepit Floren. Wigorn. in An. 1084. Sometimes Hidage was taken for the being quit of that Tax which was also called Hyde-gyld Hidel Anno 1 Hen. 7. ca. 6. Seems to signifie a place of protection or a Sanctuary Hiis testibus Antiquity did add these words in the continent of the Deed after the In cujus rei testimonium written with the same hand with the Deed which Witnesses were called the Deed read and then their names entred And this clause of Hiis testibus in Subjects Deeds continued until and in the Reign of Hen. 8. but now is wholly omitted Coke on Litt. fol. 6. Hine Sax. A Servant or one of the Family but it is now taken in a more restrictive sence for a Servant at Husbandry and the Master ●ine he that oversees the rest Anno 12 R. 2. ca. 4. Hinefare or Heinfare from the Sax. Hine a Servant and Fare a going or passage the going or departure of a Servant from his Master Siquis occidit hominem Regis facit Hein faram Dat. Regi xx s. c. Domesday tit Arcanfeld Hinegeld Significat quietantiam transgres sionis illatae in servum transgredientem MS. Arth. Trevor Ar. Hirciscunda The division of an inheritance among Heirs Goldm. dict Actio Hirciscundae See Action mixt Hird i. Domestica vel intrinseca familia Inter Plac. Trin. 12 Ed. 2. Ebor. 48. MS. Hithe See Hyth Hoastmen Anno 21 Jac. ca. 3. Are an ancient Gild or fraternity at Newcastle upon Tine who deal in Seacoal Hoblers or Hobilers Hobelarii Erant milites gregarii levi armatura mediocri equo ad omnem mutum agili sub Edouardo 3 in Gallia merentes Dicti ut reor vel ab istiusmodi equo an Hobby appellato vel potius a Gal. hobille tunica Tabulae classes describentes in exercitu ejusdem Edvardi Caletem obsident Anno 1350 sic habent Sub Comite Kildariae Banerets 1. Knights 1. Esquires 38. Hobilers 27 c. These were light-horsemen or according to Cowel certain Tenants who by their Tenure were bound to maintain a little light Nag for certifying any invasion or such like peril towards the Sea-side as Portsmouth c. of which you may read 18 Ed. 3. Stat. 1. ca. 7. and 25 ejusdem Stat. 5. ca. 8. and Cam. Britan. fol. 272. Duravit vocabulum usque at atatem Hen. 8. says Spelman Gentz darmes Hobelours see Pryns Animad on 4 Inst fol. 307. Hock tuesday-money Was a Tribute paid the Landlord for giving his Tenants and Bondmen leave to celebrate that day which was the second Tuesday after Easter week whereon the English did Master the domineering Danes Mr. Fab. Philips Mistaken Recompence fo 39. Hockettor or Hocqueteur Is an old French word for a knight of the Post a decay'd man a basket-carrier 3 Part Inst fol. 17● Que nul enquerelant neu respoignant ne soit surpris neu cheson per Hockettours parent que la verite ne soit ensue Stat. Ragman Hogenhine rectius Third night awn hine i. Third night own servant Is he that comes guest-wise to an Inne or House and lies there the third night after which he is accounted of that Family and if he offend the Kings Peace his Host was to be answerable for him See Thirdnight-awn-hine Hokeday Otherwise called Hock-tuesday was the second Tuesday after Easter-week Et ad festum S. Mich. cum tenere voluerit Senescallus Curiam de la Hele habebit de Celerario quinque albos panes Costrellos suos plenos Cervisiae ad idem Festum pro Curia de Kinnersdone de privilegiis tenendis habebit totidem ad le Hokeday totidem Mon. Angl. 2 Par. fo 550. b. See Hocktuesday Money Hogshead Is a Measure of Wine Oyle c. containing half a Pipe the fourth part of a Tun or 63 Gallons Anno 1 R. 3. ca. 13. Holm Sax. Hulmus insula amnica A River Island according to Bede sometimes found in ancient Deeds and Records Coke on Litt. fol. 5. Cum duobus holmis in campis de we done Mon. Angl. 2. p. fo 292. b. where it seems to have a different signification Homage Fr. Is derived from Homo and is called Homage because when the Tenant does this service he says I become your Man It is also called Manhood as the Manhood of his Tenant and the Homage of his Tenant is all one Coke on Litt. fo 64. In the Original Grants of Lands and Tenements by way of Fee the Lord did not onely tye his Tenants to certain Services but also took a submission with Promise and Oath to be true and loyal to him as their Lord and Benefactor This submission is called Homage the form whereof you have in 17 Edw. 2. Stat. 2. in these words When a freeman shall do Homage to his Lord of whom he holds in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the Land I hold of you saving the Faith that I owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the Fee for which Homage is due takes Homage of every Tenant as he comes to the Land or Fee Glanv lib. 9. ca. 1. except women who perform not Homage but by their Husbands

Brit. pa. 94. sheweth that in the Year 1016 this Land was divided into three parts whereof the West-Saxons had one governing it by the Lawes called West-Saxon Lawes which contained these nine Shires Kent Southsex Southrey Berks Hampshire Wilts Somerset Dorset and Devon The second by the Danes which was Govern'd by the Laws called Denelage or Danelage and that contained these fifteen Shires York Darby Nottingham Leicester Lincoln Northampton Bedford Bucks Hartford Essex Middlesex Northfolk Suffolk Cambridge and Huntington The third was Governed by the Mercians whose Law was called Merchenlage comprehending these eight Glocester Worcester Hereford Warwick Oxenford Chester Salop and Stafford Out of which three William the Conqueror chose the best and to them adding such of the Norman Laws as he thought good he ordained Laws for this Kingdom some of which we have to this day and are called the Common Laws Mercimoniatus Angliae Was anciently used for the Custom or Impost of England Mercy Misericordia Signifies the Arbitrement or Discretion of the King Lord or Judge in punishing any offence not directly censured by the Law As to be in the grievous mercy of the King Anno 11 Hen. 6. ca. 2. is to be in hazard of a great Fine or Penalty See Misericordia Mertlage Seems to be a corruption of or a Law French word for Martyrologe Vide 9 Hen. 7. fo 14. b. Mese from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Medium of He●●ings is 500 the half of a thousand Mesne or Measn Medius Fr. Maisne Signifies him that is Lord of a Mannor and has Tenants holding of him yet holds himself of a superior Lord and therefore it seems to be properly derived from the Fr. Maisne i. Minor natu because his Tenure is derived from another from whom he holds Mesn also signifies a Writ which lies where there is Lord Mesn and Tenant the Tenant holding of the Mesn by the same services whereby the Mesn holdeth of the Lord and the Tenant of the Mesn is distrained by the superior Lord for that his Service or Rent which is due to the Mesn Fitz. Nat. Br. fo 135. See 13 Edw. 1. ca. 9. Mesnalty Medictas Fr. Maisnete i. Youngership Signifies the right or condition of the Mesn as the Mesnalty is extinct Old Nat. Br. fo 44. and Kitchin fo 147. Medietate tenentur feuda quando aliqua persona intervenerit inter Dominum tenentes Et hoc modo tenent omnes postnati mediante ante nato Custumary of Normandy Messarius A Mower or Harvester Fleta lib. 2. ca. 75. Messenger of the Exchequer Is an Officer of which sort there are four in that Court who are Pursuivants attending the Lord Treasurer to carry his Letters and Precepts See Pursuivant Message Messuagium A dwelling House Honestius est habitaculum cum aliquo fundi adjacentis in ejusdem usum deputati But by that name may also pass a Curtilage a Garden an Orchard a Dovehouse a Shop a Mill a Cottage a Toft as parcel of a Messuage Bracten lib. 5. ca. 28. Plowden fo 199. 170. yet they may be demanded by their single names Messuagium in Scotland signifies according to Skene the principal House or dwelling place within a Mannor which we call the Mannor-house and some the Scite A Praecipe lies not de Domo but de Messuagio Coke on Litt. ca. 8. Mestilo onis Mesline Muncorne Wheat and Rie mingled together nonam garbam frumenti mestilonis siliginis omnis generis bladi Pat. 1 Edw. 3. Par. 1. m. 6. Metegabel Sax. Cibariorum vectigal A Tribute or Rent paid in Victuals a thing usual of old as well with the Kings Tenants as others till Henry the Firsts time who chang'd it into Money Sax. Dict. Metheglin British Meddiglin A kind of Drink made of Wort Hearbs Spice and Hony boyld together most used in Wales mentioned in the Act for Excise 15 Car. 2. ca. 9. Michis A sort of white loaves paid as a Rent in some Mannors Extenta de Wivenho in dorso Will. Lambe Capient de praedicto Priore pro qualibet Waya cirporum tres albos panes vocatos Michis nigrum panem alia cibaria Milde Anno 1 Jac. ca. 24. A kind of Canvas whereof Sail-Clothes and other furniture for Ships are made Mile Milliare Is the distance of one thousand paces otherwise described to contain eight furlongs and every Furlong to contain forty Lugs or Poles and every Pole 16 foot and a half Anno 35 Eliz. ca. 6. Militia Lat. The Implements and Furniture for Warr mentioned 15 Car. 2. ca. 2. Milleate Anno 7 Jac. ca. 19. A trench to convey water to or from a Mill Rectius a Mill. leat An unusual Word in Conveyances in Devonshire Mineral Courts Curiae minerales Are particular Courts for regulating the Affairs of Lead Mines as Stannery Courts are for Tyn. Miniments or Muniments Munimenta from Munio to defend Are the Evidences or Writings whereby a man is enabled to defend the title of his Estate An. 5. Rich. 2. ca. 8. and 35 Hen. 6. fo 37. b. Wangford sayes this word Muniment includes all manner of Evidences See Muniment House Ministri Regis Extend to the Judges of the Realm as well as to those that have Ministerial Offices 2 Inst fo 208. Minobery Anno 7 R. 2. ca. 4. Seems to be compounded of the French Main i. Manus and Ouvrer i. Operari and to signifie some trespass or offence committed by a Mans handy work in the Forest as an Engin to catch Deer Briton ca. 40. uses the verb Meinoverer to manure Lands and ca. 62. Main-ovre for handy work Minstrell Minstrellus Menestrallus from the French Menestrel A Fidler or Piper mentioned 4 Hen. 4. ca. 27. Lit. Pat. 24 April 9 Edw. 4. Quod Mariscalli Minstrelli predicti per se forent esse deberent unum Corpus una Communitas perpetua c. Upon a Quo warranto 14 Hen. 7. Laurentius Dominus de Dutton clamat quod omnes Ministrelli infra Civitatem Cestriae infra Cestriam manentes vel officia ibidem exercentes debent convenire coram ipso vel Senescallo suo apud Cestriam ad Festum Nativitatis S. Johannis Baptistae annuatim dabunt sibi ad dictum Festum quatuor Lagenas vini unam Lanceam in super quilibet corum dabit sibi quatuor denarios unum obolum ad dictum Festum habere de qualibet Meretrice infra Comitatum Cestriae infra Cestriam manente Officium suum exercente quatuor Denarios per annum ad Festum praedictum c. See King of the Minstrels Mint Is the place where the Kings Coin is formed be it Gold or Silver which now is and long has been the Tower of London Though it appear by divers Statutes that in ancient times the Mint has also been at Caleis and other places Anno 21 R. 2. ca. 16. and 9 Hen. 5. Stat. 5. ca. 5. The particular Officers belonging to the

Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law

ego Thomas Pencombe de Bromyard dedi Thomae Forsenet Vicario Ecclesiae de Bromyard unam Seldam meam jacentem in Bromyard predict apud le Cornechepynge c. Dat. die Lunae proxime post Festum Sancti Egidii Abbatis Anno 10 Hen. 6. Et medietatem unius Seldae vvcat le Unicorne in London Mon. Angl. 2 par fol. 322. a. Sir Edward Coke on Littl. fol. 4. b. takes or rather mistakes Selda for a Salt-Pit Selion of Land Selio terrae Fr. Seillon i. Terra elata inter duos sulcos in Latin Porca in English a Stiche or Ridge of Land and in some places onely called a Land and is of no certain quantity but sometimes half an Acre more or less Therefore Crompton in his Juris fol. 221. says That a Selion of Land cannot be in demand because it is a thing incertain It seems to come originally from the Saxon rul or ryl i. aratrum whence also the Fr. Seillonner i. arare Charta vetus Achronica maketh six Selions and a half to be but one Acre Sciant praesentis futuri quod ego Margeria filia Willielmi de Ryleia dedi c. Emmae filiae meae pro homagio servitio suo unam acram terrae in campo de Camurth scil Illas sex Seliones dimid cum forera sepe fossato quae jacent in Aldewic juxta terram c. See Hade Seme Summa summagium A Horse-load A Seme of Corn is eight Bushels Fratres Praedicator Heref. pro 2 Sumagiis vocat Semes de focali percipiend quotidie de bosco de Heywood pro termino 20 annorum 3 Hen. 5. par 2. m. 18. See Sumage Habebunt etiam duas Summas frumenti pro pastellis cum voluerint faciendas Mon. Angl. 2 par fol. 935. a. Et sint quieti de Summagiis Murdro Tennigges Wapentake auxiliis Vice-comitum Ibid. fol. 201. a. De quatuor Summis salis continentibus quadraginta bullones pro dimidia salina sua Ibid. fol. 256. b. Sendal Anno 2 Rich. 2. cap. 1. Seems to be fine Linnen bat Sandal is a kinde of Physical Wood brought out of the Indies Senege There goeth out yearly in Prorege and Senege 33 s. 6 d. History of S. Pauls Church fol. 272. Quaere if it be not the Money paid for Synodals as Proxege for Proxies or Procurations Seneshal Senescallus is derived of Sein a House or place and Schalc an Officer or Governor Coke on Littl. fol. 61. a. a Steward As the High Seneshal or Steward of England Pl. Cor. fol. 152. High Seneshal or Steward and South Seneshal or under Steward Kitchin fol. 83. is understood of a Steward and under Steward of Courts Seneshal de l'Hostel de Roy Steward of the Kings Houshold Cromp. Jurisd fol. 102. In Purificatione Beatae Mariae fuit Filius Regis Anglorum Parisiis servivit Regi Francorum ad mensam ut Senescallus Franciae Rob. de Monte. in Anno 1170. pag. 649. Senescallo Marshallo quod non teneant placita de libero tenemento c. Is a Writ directed to the Steward or Marshal of England inhibiting them to take cognizance of an Action in their Court that concerns either Freehold Debt or Covenant Reg. of Writs fol. 185. a. 191. b. Seneucia Widow-hood Si vidua dotata post mortem viri sui se maritaverit vel filium vel filiam in Seneucia peperit dotem suam amittet forisfiet in quocunque loco infra Com. Kant Tenen in Gavelkind Plac. Trin. 17 Ed. 3. Separation Separatio Of Man and Wife See Mulier Septuagesima Westm 1. cap. 51. Is always the Fourth Sunday before Quadragesima or the First Sunday in Lent from whence it takes its numeral denomination as Quinquagesima is the next before Quadragesima then Sexagesima and then Septuagesima which are days appropriated by the Church to Acts of Penance and Mortification and are a certain gradation or preparation to the devotion of Lent then approaching See Quinquagesima Sequatur sub suo periculo Is a Writ that lies where a Summons Ad Warrantizandum is Awarded and the Sheriff returns that he hath nothing whereby he may be summoned then goes out an Alias and Pluries and if he come not at the Pluries this Writ shall issue forth Old Nat. Br. fol. 163. Coke on Littl. fol. 10● b. Sequela Curiae Suit of Court. Et quod sint libori a Sequela Curiae Mon. Angl. 2 par fol. 253. a. Sequestration Sequestratio Is a separating a thing in controversie from the possession of both those that contend for it And it is twofold Voluntary or Necessary Voluntary is that which is done by the consent of each party Necessary is that which the Judge of his authority doth whether the parties will or not It is also used for the Act of the Ordinary disposing the Goods and Chattels of one deceased whose Estate no Man will meddle with Dyer fol. 232. num 5. and fol. 256. num 8. As also for the gathering the Fruits of a Benefice void to the use of the next Incumbent Anno 28 Hen. 8. cap. 11. Fortescu cap. 50. And in divers other Cases Sequestro habendo Is a Writ Judicial for the dissolving a Sequestration of the Fruits of a Benefice made by the Bishop at the Kings Commandment thereby to compel the Parson to appear at the Sute of another For the Parson upon his appearance may have this Writ for the Release of the Sequestration Reg. of Writs Judicial fol. 36. a. Serjeant Serviens vel Serians Is diversly used and applied to sundry Offices and Callings First a Sergeant at Law or of the Coyf otherwise called Serjeant Conutor is the highest degree taken in that Profession as a Doctor in the Civil Law And to these as Men best learned and best experienced one Court is severed to plead in by themselves which is that of the Common Pleas where the Common Law of England is most strictly observed and where they are not so limited exclusively to others but they may likewise plead and be heard in other Courts where the Judges who cannot be Judges until they have taken the degree of Serjeant at Law do stile them Brother and hear them with great respect next unto the Kings Attorney and Sollicitor General These are made by the Kings Mandat directed to them commanding them upon a great penalty to take upon them that degree by a day certain therein assigned Dyer fol. 72. num 1. And of these one is the Kings Serjeant being commonly chosen out of the rest in respect of his great learning to plead for the King in all his Causes especially in those of Treason Pl. Cor. lib. 3. cap. 1. Of which there may be more if the King so please In other Kingdoms he is called Advocatus Regius With what solemnity these Serjeants are created read Fortescu cap. 50. Crokes third Part fol. 1. and 2 Instit fol. 213. These were also anciently called Servientes Narratores Et praedictus Thomas le

from the Fr. allumer to lighten or kindie is used for one who by his trade coloureth or paints upon Paper or Parchment And the reason is because lie gives light and ornament by his colours to the Letters or other Figures coloured The word is used An. 1 Rich. 3. cap. 9. Now we call him a Limner Almner or Aumoner Elecmosynarius Is an Officer of a King or Princes house whose Function is carefully to collect the fragments of Meat and Victuals and distribute them every day to the poor charitably to visit the sick and leprous prisoners poor widows needy persons and those that have no constant abode likewise to receive and faithfully distribute cast Horses Robes Money and other things given in Alms he ought also to excite the King with often admonitions especially on Festival days to be bountiful in giving Alms and to beseech that his rich robes may not be given to Parasites Maskers Stage-players or the like but may go towards the increase of his Alms. Fleta lib. 2. cap. 22. Almsfeoh or Aelmesfeoh Sax. i. Alms-money that is Peterpence anciently paid in England on the first of August and given by King Ina called also Romefeoh Romescot and Heorthpening Seldens History of Tythes pag. 217 Almoin See Aumone Alnage Fr. Aulnage Ell-measure the measuring with an Ell. Anno 17 Edw. 4. cap. 5. See Alnager Alnager or Alneger Fr. Aulner i. A Measurer by the Ell signifies a sworn publick Officer who by himself or deputy looks to the Assize of Woollen Cloth made through the Land and to the Seals for that purpose ordained Anno 25 Edw. 3. Stat. 4. cap. 1. And 〈◊〉 Rich. 2. cap. 2. who is accountable to the King for every Cloth so sealed in a Fee or Custom thereunto belonging 17 Rich. 2. cap. 2. Read of this more 27 Edw. 3. cap. 4. 1 Hen. 4. cap. 13. 7 Ejusdem cap. 10. 11 Ejusdem cap. 6. 13 Ejusdem cap. 4. 11 Hen. 6. cap. 9. 31 Ejusdem cap. 5. 4 Edw. 4. cap. 1. 8 Ejusdem cap. 1. and 1 Rich. 3. cap. 8. There are now a Ternary of Officers relating to the regulation of Cloathing all which were anciently comprized in the unity of one person These bear the distinct names of Searcher Measurer and Alneger which last though it be a Tautotological expression Aulnage and Measure being the same thing denoted in two Languages yet long usage and custom have brought them to distinct Offices and that which anciently was called Alnage from whence the Alnager takes the name who was no more but Measurer in signification is now become Collector of the Subsidy granted to the King by the before recited Statutes still holding the name Alnager because the collection of that Subsidy was by Edward the Third committed to the charge of the Alnager and he nevertheless not abridged of his measuring and searching till by his own wilful neglect they became separated and that by distinct Laws Insomuch as there is now a peculiar Measurer who ought to allow the Assize of length and bredth to every particular Cloth made in England and Wales And because the Subjects of this Land should not be abused an office of Searching is established by Act of Parliament whose Officer ought by his Seals judiciously and diligently affixed to denote the defaults and casual abuses which each particular Cloth contains All these Offices were anciently under the cognizance of the Alnager as you may read at large in a Treatise entituled The Golden Fleece Printed Anno 1656. See 4 Instit fol. 31. Alodium in Doomsday signifies a free Mannor and Alodarii Lords of the same Coke on Littl. fol. 5. Altarage altaragium Comprehends not onely the offerings made upon the Altar but also all the profit which accrues to the Priest by reason of the Altar Obventio Altaris Northampton ss Inter ordines sive decreta de Termino Sancti Mich Anno 21 Eliz in Scaccario remanentes in custodia Rememoratoris Regis inter alia continetur sic Jovis 12 Die Nov. UPon the Hearing of the Matter betwixt Ralph Turner Vicar of West-Haddon and Edward Andrews it is ordered That the said Vicar shall have by reason of the words Altaragium cum manso competenti contained in the Composition of the Profits assigned for the Vicars maintenance all such things as he ought to have by these words according to the Definition thereof made by the Reverend Father in God John Bishop of London upon Conference with the Civilians viz. David Hewes Judge of the Admiralty Bartholomew Clark Dean of the Arches John Gibson Henry Jones Laurence Hewes and Edward Stanhop all Doctors of the Civil Law that is to say By Altaragium Tythes of Wool Lamb Colt Calf Pigs Goslings Chickens Butter Cheese Hemp Flax Honey Fruits Herbs and such other small Tythes with Offerings that shall be due within the Parish of West-Haddon And the like case was for Norton in Northamptonshire heard in the said Court within these two or three years upon the Hearing Ordered in the like manner Oblationes sive numinorum sive panum tali vel tali Altari vel ex devotione vel ex consuetudine aut a Parochianis aut ab extraneis factae Altaragii nomine censebantnr Gloss in Mat. Paris Alto basso or in Alto in basso Pateat universis per presentes quod Willielmas Tylar de Yetton Thomas Gower de Aylemestre posuerunt se in alto in basso in arbitrio quatuor hominum viz. de quadam querela pendente inter eos in Curia de Wyggemore ad sectam praedicti Willielms versus praefatum Thomam Et praedicti quatuor homines judicaverunt ordinaverunt quod Dat. apud Aylemestre die Mercurii prox post Festum Conceptionis B. Mariae Anno 2 Hen. 5. Ipse Prior venit Bogo similiter ponunt se in gratiam misericordiam voluntatem Regis de alto basso ad quod mandantur Turri London c. Plac. coram Rege Hil. 18 Edw. 1. By this is meant the absolute submission of all differences small and great high and low Amabyr See Chevage Ambidexter Lat He that useth his left hand as well as his right that plays on both sides But in the legal acception it signifies That Juror or Embraceor who takes Money on both sides for giving his verdiet for which he forfeits ten times so much as he takes 38 Edw. 3. cap. 12. Crompt Just of P. fol. 156. b. Ame Kings Proclamation 1663. See Aume Amenable from the Fr. amener i. To bring or lead unto Others write it amainable from the Fr. main a hand tractable that may be led by the hand or governed that may be brought or fetched in It is applied in our Law Books to a Woman that is supposed governable by her Husband Amendment amendatio signifies the correction of an Error committed in a Process and espied before or after Judgment and sometimes after the party seeking advantage by the Error Brook titulo Error and Amendment Amerciament

the Arrentations Is saving power to give such Licences for a Yearly Rent Arrest Fr. a stop or stay and is metaphorically used for a Decree or Determination of a Cause debated or disputed pro and con as Arrest du Senat. i. Placitum Curiae with us Arrest is taken for the Execution of the Command of some Court or Officer of Justice and a Man stopped staid or apprehended for Debt c. is said to be Arrested which may be called The beginning of Imprisonment To move or plead in Arrest of Judgment is to shew cause why Judgment should be staid notwithstanding the Verdict be given To plead in Arrest of taking the Enquest upon the former Issue is to shew cause why an Enquest should not be taken c. Brook tit Repleader For preventing Arrests of Judgments see the Statute 16 17 Car. 2. cap. 8. Arrestandis bonis ne dissipentur Is a Writ which lies for him whose Cattle or Goods are taken by another who during the controversie doth or is like to make them away and will hardly be able to make satisfaction for them afterward Register of Writs fol. 126. Arrestando ipsum qui pecuniam recepit ad proficiscendum in obsequium Regis c. Is a Writ which lies for the apprehension of him that hath taken Prest-Money for the Kings Wars and hides himself when he should go Register of Writs fol. 24. b. Arresto facto super bonis mercatorum alienigenorum c. Is a Writ which lies for a Denizen against the Goods of Strangers of any other Countrey found within this Kingdom in recompence of Goods taken from him in that Countrey after he hath been denied restitution there Register of Writs fol. 129 a. This among the Ancient Civilians was called Clarigatio now barbarously Reprisalia Arretted arrectatus quasi ad rectum vocatus That is convented before a Judge and charged with a crime It is sometimes used for imputed or laid unto as no folly may be arretted to one under age Littleton cap. Remitter Chaucer useth the Verb Arretteth i. Layeth blame as it is interpreted Bracton says Ad rectnm babere Malefactorem i. To have the Malefactor forth coming so as he may be charged and put to his Tryal Lib. 3. tract 2. cap. 10. And in another place Rectatus de morte hominis charged with the death of a Man Arrura Hoc Scriptum factum apud Sutton Courtenay 20 Dic Dec. 4 Edw. 3. Inter Dominum Hugonem de Courtenay ex parte una Ric. de Stanlake Johannam uxorem ejus ex altera testatur quod idem Dominus Hugo in excambium remisit eisdem Ricardo Johannae omnimoda opera VIZ. Arruras Messiones Cariagia alia quaecunque opera Et ipsi non dabunt Medfee c. Penes Tho. Wollascot de Sutton praedict Ar. q. If not here used for Ploughing and Harrowing Arthel An. 26 H. 8. cap. 6. And that no person or persons shall hereafter at any time cast any thing into any Court within Wales or in the Lordships Marchers of the same by the mean or name of an Arthel by reason whereof the Court may be letted disturbed or discontinued for that time upon pain of c. Is a British word and is more truly written Arddelw which the Southwales men write Arddel and signifies according to Dr. Davies Dictionary Astipulari Asserere Vindicare Assertio Vindicatio Anglicè Avouch Example O delir Dyn ' ai ledrad yn ei Law rhaid iddo geifio Arrdelw cyfreithlon i fwrw ei ledrad oddiwrtho i. It a Man be taken with stoln Goods in his hands he must be allowed a lawful Arddelw Vouchee to cleer him of the Felony Which is part of the Law of Howel Dda but probably was so abused in Henry the Eighths time by the delay of or exemption of Felons and other Criminals from Justice that provision by this Statute was made against it Thus explicated by the Learned Meredith Lloyd Esquire Articles of the Clergy Articuli Cleri Are certain Statutes made touching Persons and Causes Ecclesiastical Anno 9 Edw 2. and Anno 14 Edw. 3. Stat. 3. Assart Fr. Essarter to glade or make Glades in a Wood to make Plain to Grub up or clear a ground of Bushes Shrubs c. Is according to Manwood cap. 9. numb 1. an offence committed in the Forest by plucking up those Woods by the Roots which are Thickets and Cover for the Deer and by making them plain as arable Land which is the greatest Offence or Trespass that can be done in the Forest to Vert or Venison containing as much or more then Waste For whereas Waste of the Forest is but the Felling and Cutting down the Coverts which may grow again Assart is a Plucking them up and Destroying them which is confirmed out of the Red Book in the Exchequer in these words Assarta verò occasiones nominantur quando Forestae nemora vel Dumeta pascuis latibulis ferarum oportuna succiduntur Quibus succisis radicitus avulsis terra subvertitur excolitur And again out of Register of Writs fol. 257. in the Writ Ad quod Damnum sent out in case where a Man sues for a Licence to Assart his Grounds in the Forest and to make it several for Tillage So that it is no offence if done with Licence To this Bracton may be added Lib. 4. cap. 38. who saith That these words Boscus efficitnr Assartum signifie as much as Redactus ad culturam Of this you may read more in Cromp. Jursid fol. 203. and in Charta de Foresta Anno 9 Hen. 3. cap. 4. where it is written Assert not Assart And in Manwood part 1. pag. 171. That which we call Assartum is elswhere termed Disboscatio Quietus de Essartis we finde in a Charter of Priviledge granted by Henry the First to the Abbot of Rames Sect. 198. And in Pat. 18 Edw. 3. pag. 1. m. 19. Et quibusdam Sartis quae sartaverunt homines ipsius Ecclesiae c. Assart was also anciently used for a parcel of Land assarted as appears by this Charter of Roger Earl of Mortimer Sciant praesentes futuri quod ego Rogerus de Mortuo mare Dedi concessi Ade Pistori pro servitio suo tresdecem acras terrae super Mughedone inter pratum quod fuit Petri Budelli viam quae vadit per medium Mughedone Dedi etiam eidem Ade Duo Asarta en la Hope quae appellantur Ordrichesruding Aldicheruding in quibus Asartis continentur quinque acrae ad eandem mensuram tresdecem acrarum super Mughedone Ad tenendum de me haeredibus meis sibi haeredibus suis in feo do haereditate libere quiete Reddendo inde annuatim mihi haeredibus meis ille haeredes sui duos solidos ad Festum Sancti Michael pro omni servitio salvo servitio Domini Regis Ut autem haec mea Donatio concessio firma sit stabilis eam hac cartā meā

Action Continual Claim Is a Claim made from time to time within every year and day to Land or other thing which in some respect we cannot attain without danger As if I be disseised of Land into which though I have a right I dare not enter for fear of beating it behoves me to hold on my right of Entry at my best opportunity by approaching as neer it as I can once every year as long as I live and so I save the right of Entry to my Heir See more in Littleton verbo Continual Claim and the New Book of Entries ibidem And Fleta lib. 6. cap. 53. Continuando Is a word used in a special Declaration of Trespass when the Plaintiff would recover damages for several Trespasses in the same Action For to avoid multiplicity of Sutes a Man may in one Action of Trespass recover damages for forty or more Trespasses laying the first to be done with a Continuance to the whole time in which the rest of the Trespasses were done and is in this Form Continuando transgressionem praedictam c. 〈◊〉 praedict● die c. Usque such another day including the last Trespass Contours See Countors Contrabanded Goods from contra and the Ital. Bando an Edict or Proclamation Are those which are prohibited by Act of Parliament or Proclamation to be imported into are exported out of this or other Nations Contract Contractus Is a Covenant or Agreement between two with a lawful Consideration or Cause West pa. 1. Symb. lib. 1. sect 10. As if I sell my Horse for Money or Covenant in consideration of 20 l. to make you a Lease of a Farm these are good Contracts because there is Quid pro quo Usurious Contract Is a Contract to pay more interest for any Money then the Laws and Statutes of this Realm allow It is a Devastavit in an Executor to pay a Debt upon an Usurious Contract Noys Reports fol. 129. Contrafaction Contrafactio A Counterfeiting As Contrafactio sigilli Regis Contra formam Collationi● Was a Writ that ●ay against an Abbot or his Successor for him or his heir who had given Land to an Abbey for certain good uses and found a Feofment made thereof by the Abbot with assent of the Tenants to the Dis●●herison of the House and Church This was founded on the Statute of Westm 2. cap. 41. See Reg. of Writs fol. 238. and Fitz. Nat. Br. fol. 210. Contra formam Feoffamenti Is a Writ that lies for the Heir of a Tenant enseoffed of certain Lands or Tenements by Charter of Feoffinent of a Lord to make certain Services and Sutes to his Court and is afterward distrained for more then is contained in the said Charter Reg. of Writs fol. 176. Old Nat. Br. fol. 162. Contributione facienda Is a Writ that lies where more are bound to one thing and one is put to the whole burden Fitzh Nat. Br. fol. 162. brings these examples If Tenants in Common or Joynt hold a Mill Pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute towards its reparation the rest shall have this Writ to compel them And if there be three Coparceners of Land that ow sute to the Lords Court and the eldest performs the whole then may she have this Writ to compel the refuser to a Contribution Old Nat. Br. fol. 103. frames this Writ to a Case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by Distress as intirely as if all were still in one See Reg. of Writs fol. 176. Controller Fr. Contrerolleur We have divers Officers of this name as Controller of the Kings House Anno 6 Hen. 4. cap. 3. Controller of the Navy 35 Eliz. cap. 4. Controller of the Custom Cromp. Jurisd fol. 105. Controller of Calis 21 Rich. 2. cap. 18. Controller of the Mint 2 Hen. 6. cap. 12. Controller of the Ha●per Is an Officer in the Chancery attending the Lord Chancellor daily in the Term time and upon Seal days Hia Office is to take all things sealed from the Clerk of the Hanaper inclosed in Bag● of Leather and to note the just number and effect of all things so received and enter the same in a Book with all the duties appertaining to His Majesty and other Officers for the same and so charges the Clerk of the Hanaper with it Controller of the Pipe Is an Officer of the Exchequer who writes out Summons twice every year to the Sheriffs to levy the Farms and Debts of the Pipe and keeps a Controlment of the Pipe and was anciently called Duplex Ingrossator Controller of the Pell Is also an Officer of the Exchequer of which sort there are two viz. The two Chamberlains Clerks that do or should keep a Controlment of the Pell of receipts and goings out This Officer was originally one who took notes of any other Officers accounts or receipts to the intent to discover him if he dealt amiss and was ordained for the Princes better security for proof whereof read Fleta lib. 1. cap. 18. And the Stat. 12 Edw. 3. cap. 3. Controvor Fr. Controuveur He that of his own head devises or invents false bruits or feigned news 2 Inst fol. 227. Convenable Fr. Agreeable suitable convenient or fitting Anno 27 Edw. 3. Stat. 2. cap. 21. and 2 Hen. 6. cap. 2. See Covenable Conventicle Conventiculum A little private Assembly or Meeting for exercise of Religion first attributed in disgrace to the Schools of Wickcliff in this Nation above 200 years since and now applied to the Illegal Meetings of the Non-conformists and is mentioned in the Stat. 1 Hen. 6. cap. 3. and 16 Car. 2. cap. 4. Conventio Is a word much used both in Ancient and Modern Law-pleadings for an Agreement or Covenant For example take this pleasant Record Ex libro Rotulorum Curiae Manerii de Hatfield juxta Insulam de Axholme in Com. Ebor. Curia tenta apud Hatfield die Mercurii Prox o post Festum Anno xio. Edw. 3 tii RObertus de Roderham qui optulit se versus Johannem de Ithen de eo quod non teneat Conventionem inter eos factam unde queritur quòd certo dio anno apud Thorne conveni● inter praedictum Robertum Johannem quod praedictus Johannes vendidit praedict● Roberto Diabolum ligatum in quodam ligamine pro iiid. ob super praedictus Robertus tradidit praedicto Johanni quoddam obolum-earles i. earnest-money per quod proprietas dicti Diaboli commoratur in persona dicti Roberti ad habendam deliberationem dicti Diaboli infra quartam diem prox ' sequent Ad quam diem idem Robertus venit ad praefatum Johannem petit deliberationem dicti Diaboli s●●undum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti

Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse

False Amprisonment Is a Trespass committed against a man by Imprisoning him without lawful cause It is also used for the Writ brought upon this Trespass Fitz. Nat. Br. fol. 86. K. and 88. P. vide Broke and New Book of Entries verbo False Imprisonment False Prophecies See Prophecies False returno brevium Is a Writ lying against the Sheriff for false returning of Writs Reg. judicial fol. 43. b. Falsify Seems to signifie as much as to prove a thing to be false Perkins Dower 383 385. Also to say or do falsly as to falsify or counterfeit the Kings Seal Rex Vic. Lincoln Scias quod dedimus Adae de Essex Clerico nostro pro servicio suo omnes terras tenementa quae fuerunt Will. de Scrubby cujus terrae tenementa sunt excaeta nostra per Feloniam quam fecit de falsificatione Sigilli nostri T. apud Linc. 28. Nou. c. Claus 6 Joh. m. 12. in dorso Familia Pro hida massa manso carucata Donavit terram quinquaginta Familiarum ad construendum Monasterium Beda Hist Eccl. lib. 4 ca. 3. This term Hide is by our Writers sometimes called a Manse sometimes a Family sometimes Carucata or a Plough-land containing as much as one Plough and Oxen could cultivate in one year Cressy's Church-Hist fol. 723. b. Ubi Beda Familiam Saxonicus ejus interpres coaetaneus passim hide redderet Anglo-Normannis Carucata terrae Gloss in x. Script Fanaticks Anno 13 Car. 2. ca. 6. Is used as a general name for Quakers Anabaptists and other dissenters from the Church of England Faonatio or Feonatio from the Fr. Faonner a fawning or bringing forth young as Does do Carta Forestae ca. 8. Farding or Farthing of Gold quasi fourth-thing was a Coin used in ancient times containing in value the fourth part of a Noble viz. xx d. Silver and in weight the sixth part of an Ounce of Gold that is of 5 s. in Silver mention'd 9 H. 5. Stat. 2. cap. 7. thus Item that the King do to be ordained good and just weight of the Noble half-Noble and Farthing of Gold with the rates necessary to the same for every City c. Whereby it plainly appears to have been a Coin as well as the Noble and half-Noble Farandman Sax. Faran to Travel A Merchant-Stranger or Pilgrim to whom by the Lawes of Scotland Justice ought to be done with all expedition that his business or journey be not hinder'd Fardel of Land Fardella terrae Is according to some Authors the fourth part of a Yard-land Yet Noy in his compleat Lawyer pa. 57. sayes Two Fardels of Land make a Nook and four Nooks make a Yard-land Farding deal Sax feord i. quarta del or doele pars alias Farundel of Land Quadrantata terrae Signifies the fourth part of an Acre Crom. Jur. fol. 220. Quadrantata terrae is read in the Reg. of Writs fol. 1. b. where you have also Denariata obolata solidata librata terrae which must probably rise in proportion of quantity from the Fardingdeal as an half-penny penny shilling or pound rise in value Then must Obolata be half an Acre Denariata an Acre Solidata twelve Acres and Librata twelve score Acres yet I find Viginti libratas terrae vel redditus Reg. fol. 94. a. and fol. 248. b. whereby it seems Librata terrae is so much as yields xx s. per annum and Centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitz. Nat. Br. fol. 87. f. Viginti libratas terrae vel reditus which argues it to be so much Lands as twenty shillings per annum See Furlong Others hold Obolata to be but half a Pearch and Denariata a Pearch See Spelmans Gloss verbo Obolata terrae Sciatis me Rogerum de Ichtefeld dedisse Medietatem unius Feorwendel terrae de meo dominio c. Mon. Angl. 2 Pa. fo 913. b. Fare Sax. A voyage or passage or the Money paid for passing by Water Anno 2 3 Ph. Ma. cap. 16. Farley or Farle● In the Mannor of West Slapton in Com. Devon if any Tenant die possessed of a Cottage he is by the Custom to pay to the Lord six pence for a Farley Which I suppose may be in Lieu of a Heriot For in some Mannors Westward they distinguish Farleu to be the best good as Hariot is the best Beast payable at the Tenants death Farm From the Sax. Feorme i. Food Reditus est qui in ●locandis praediis Domino elocanti reservatur See Ferm and Spelm. Gloss verbo Firma Farthing of Land Sax. Feorþling Seems to be some great quantity and to differ much from Fardingdeal For I finde in a Survey Book of the Mannor of West Slapton in Devonshire entred thus A. B. holds six Farthings of Land at 126 l. per annum some hold it to be a Yardland See Fardel Fardingdeal and Farding Fat or Uate Is a great Wooden Vessel which among Brewers and Maulsters is used to measure Mault for expedition containing a Quarter Mentioned Stat. 1 Hen. 5. cap. 10. and 11 Hen. 6. cap. 8. It is likewise a Vessel or Pan of Lead for the making of Salt at Droitwich in the County of Worcester whereof the several Owners or Proprietors do claim Estates of Inheritance and Burgesship Fautors Anno 16 Rich. 2. cap. 5. Favorers supporters or maintainers Fealty Fidelitas Fr. Feaulte i. Fides Signifies an Oath taken at the admittance of every Tenant to be true to the Lord of whom he holds his Land And he that holds Land by this onely Oath of Fealty holds in the freest manner because all that have Fee hold per fidem ●iduciam that is by Fealty at the least Smith de Repub. Angl. lib. 3. cap. 8. This Fealty is also used in other Nations as in Lombardy and Burgundy Cassanaeus de consuetud Burgund pag. 419. And indeed as the very first creation of this tenure grew from the love of the Lord towards his Followers so did it bind the Tenant to Fidelity as appears by the whole course of the Feods and the breach thereof is loss of the Fee Hotoman in his Commentaries de verbis Feudalibus shews a Double Fealty one general to be performed by every Subject to his Prince the other special required onely of such as in respect of their Fee are tied by this Oath towards their Land-lords we may read of both in the Grand Custumary of Normandy c. Fealty special is with us performed either by Freemen or by Villains the form of both see Anno 17 Edw. 2. in these words When a Fréeman shall do Fealty to his Lord he shall hold his right hand upon a Book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall ow my Fealty to you for the Land that I hold of you at the terms assigned So help me God and all his Saints When a Uillain shall do Fealty to this Lord he shall hold

his right hand over the Book and say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall ow you Fealty for the Land that I hold of you in Villange and shall be justified by you in Body and Goods So help me God and all his Saints See Reg. of Writs fol. 302. a. Fidelitas est fidei ubsequii servitii ligamen quo generaliter subditus Regi particulariter vassallus domino astringitur Spel. Fée Feodum alias Feudum Is applied to all those Lands and Tenements which we hold by perpetual right and by an acknowledgment of any superiority to a higher Lord. Those that write of this subject divide all Lands and Tenements wherein a Man hath a perpetual estate to him and his heirs into Allodium and Feudum Allodium is defined to be every Man 's own Land c. which he possesseth meerly in his own right without acknowledgment of any service or payment of any Rent to any other and this is a property in the highest degree Feudum is that which we hold by the benefit of another and in the name whereof we ow Service or pay Rent or both to a Superior Lord. And all our Land here in England the Crown Land which is in the Kings own hands in right of His Crown excepted is in the nature of Feudum or Fee For though many have Land by descent from their Ancestors and others have dearly bought Land for their Money yet is it of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had Novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed So that there is no Man that hath Directum Dominium i. The very Property or Demain in any Land but the Prince in right of His Crown Camd. Britan. pag. 93. For though he that hath Fee hath Jus perpetuum utile Dominium yet he ows a duty for it and therefore it is not simply his own which thing I take those words we use for the expressing our deepest Rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that Land or Tenement in my Demain as of Fee and that is as much as if he had said it is my Demain or Proper Land after a sort because it is to me and my heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the Stat. 37 Hen. 8. cap. 16. useth the word Fee of Lands invested in the Crown but it proceeds from an ignorance of the nature of the word for Fee cannot be without Fealty sworn to a Superior as you may read partly in the word Fealty but more at large in those that write De Feudis and namely Hotoman both in his Commentaries and Disputations since no Man may grant that our King or Crown oweth Fealty to any Superior but God onely And all that write De Feudis hold that Feudatarius hath not an entire property in his Fee Fee is divided into Fee absolute otherwise called Fee-simple and Fee-conditional otherwise termed Fee-tail Fee-simple Feudum simplex is that whereof we are seised To us and our heirs for ever Fee-tail Feudum taliatum is that whereof we are seised with limitation to us and the heirs of our Body c. Which Fee-tayle is both general and special General is where Land is given to a Man and the heires of his body the reason whereof is shewed by Littleton lib. 1. ca. 2. because a Man seised of Land by such a gift if he Marry one or more Wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the Land Fee-tayl special is that where a Man and his Wife are seised of Lands to them and the heirs of their two bodies because in this case the Wife dying without issue and he Marrying another by whom he hath issue this issue cannot inherit the Land being especially given to such heirs c. This Fee-tayl has Original from the Stat. of Westm 2. ca. 1. Yet see Bracton lib. 2. ca. 5. num 3. Item quaedam absoluta larga quaedam stricta coarcta sicut certis haeredibus To whom add Plowden casu Willion fol. 235. For before that Statute all Land given to a Man and his heirs either general or special was accounted in the nature of Fee and therefore held to be so firmly in him to whom it was given that any limitation notwithstanding he might alienate it at his pleasure Coke on Litt. fol. 19. for redress of which inconvenience the said Statute was made whereby it is ordain'd that if a Man give Lands in Fee limiting the heirs to whom it shall descend with a reversion to himself or his heires for default c. that the form and true meaning of his gift shall be observed He that hath Fee then holdeth of another by some duty or other which is called Service This word Fee is sometimes used for the compass or circuit of a Lordship or Mannor Bracton lib. 2. ca. 5. in eadem villa de eodem Feodo Thirdly It is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee Old Nat. Br. fol. 41. Rent granted in Fee eodem fol. 8. Sheriff in Fee Anno 28 Ed. 1. Stat. 13. ca. 8. Lastly Fee signifies a reward or ordinary duty given a man for the execution of his Office or the performance of his industry in his Art or Science As the Lawyer or Physitian is said to have his Fee when he hath the consideration of his pains taken the one with his Client the other with his Patient Fee expectant Is by the Feudists termed Feudum expectativum See Expectant Fee Farm or Fee Ferm Feudi firma vel feofirma Is when the Lord upon creation of the Tenancy reserves to himself and his heirs either the rent for which it was before letten to Farm or at least a fourth part of that rent 2 Part Inst fo 44. and that without homage fealty or other services other then are especially comprized in the Feoffment but by Fitzh it seems the third part of the value may be appointed for the Rent or the finding of a Chaplain to Sing Divine-Service c. Nat. Br. fol. 210. C. And the Nature of it is this That if the Rent be behind and unpaid for the space of two years then the Feoffor or his heirs have Action to recover the Lands as their Demesnes Britton ca. 66. num 4. But observe out of Wests Symbol part 1. lib. 2. Sect. 463. that the Feoffment may contain services and sute of Court as well as rent And the Author of the New Terms of Law saith

Shepley c. Adam Gurdon alii in misericordia Pasch 4 Ed. 1. Rot. 7. Sussex Forprise Forprisum from the Fr. For i. Extra Prise captio An exception or reservation In which sense it is used in the Stat. of Exon 14 Edw. 1. but there written Horseprise We still use it in Conveyances and Leases wherein Excepted and Forprised is an usual expression C'est Indenture fet entre Monsieur John Blount Chevalier le Eysne dune part Dame Johan Fouleshurst d autre parte Tesmoigne que mesme les partes sont issint assentuz accordez assurez que John Blount filts heir a dict Monsieur John deuy espousera prendera a femme Isabel la file de dite Dame du si briefe dewe temps que la dite Dame a ces properes custages voidera ordeigner feire issint que le dit Dame paye a dit Monsieur John xx Markes a temps de l'espousels xl Liures a certeyne de pay compris en un Obligation le quelle le Dite Dame a fait a dit Monsieur John c. Pour quel payment le dit Monsieur John enfeoffera ou fera enfeoffer les susdits John son fits la dite Isabel de son Manner jouste Utteskesather appelle Blounts place ensemblement ove toutes autres terres tenements rentes services c. Forprise le Parke c. appelle Blounts Parke c. A avoir tener a dit John son fits Isabel les heyres que mesmes cely John des Corps de mesme cely Isabel engendera c. Donnee south les seales c. le jour de St. Luke L' an de R. le Roy Henry 4 disme Penes Wal. Kirkham-Blount Baronet Forrein Used for Forreiner Anno 34 35 Hen. 8. ca. 18. See Forein Forschoke Derelictum Signifies originally as much as forsaken in our modern language It is specially used in one of our Statutes for Land or Tenements seised by the Lord for want of Services due from the Tenant and so quietly held and possessed beyond the year and day As if we should say that the Tenant who seeing his Land or Tenements taken into the Lords hand and possessed so long takes not the course appointed by Law to recover them does in due presumption of Law disavow or forsake all the right he has to them And then such Lands shall be called Forschoke sayes the Stat. 10 Edw. 2. ca. unico Forses Catadupae Water falls Cam. Brit. tit Westmorland Forstal Forestallamentum Is to be quit of Amerciaments and Cattel arrested within your Land and the Amerciaments thereof coming sayes the Termes of the Law But the Learned Spelman sayes 't is Viae obstructio vel itineris interceptio with whom agrees Coke on Litt. fol. 161. b. In Domesday 't is written Foristel Dedique eis Forstallum quod est ante portum ipsorum liberum atque quietum terram quae jacet ex utraque parte ejusdem Forstalli c. Mon. Angl. 2 Part. fol. 112. 60. Forstalling Viarum obstructio a Sax. far i. Via stel Signifies the buying or bargaining for any Corn Cattel or other Merchandise by the way before it comes to any Market or Fair to be sold or by the way as it comes from beyond the Seas or otherwise toward any City Port Haven or Creek of this Realm to the intent to sell the same again at a more high and dear price 51 H. 3. Stat. 6. West Part. 2. Symbol tit Inditements Sect. 64. Forstaller in Cromptons Jurisd fol. 153. Is used for stopping a Deer broken out of the Forest from returning home again or laying between him and the Forest in the way he is to return Fleta says Significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. ca. 47. See Regrators Engrossers Who shall be adjudged a Forstaller see in 5 6 Edw. 6. ca. 14. Forstal est si aliquis portaverit Halec vel hujusmodi res ad forum statim alius venerit emerit ab ipso illas res ut carius vendat Prior habebit emendas ab ipso Ex Reg. Priorat de Cokesford See 3 Part. Inst fol. 195. Fortility Fortalitium vel Forteletum Within the Towns and Fortilities of Berwick and Carlile Anno 11 Hen. 7. ca. 18. Signifies a fortify'd place a Bulwark Castle or Fortlet Fortlet Fr. A place of some strength a little Fort. Old Nat. Br. fol. 45. Fossa et Furca See Furca Fossatum Lat. A Ditch or a place fenced with a Ditch or Trench Ex dono Hen. Regis avi nostri unum Fossatum tam largum quod naves possint ire redire a flumine de Withonia usque ad Tupholme Carta 20 Hen. 3. m. 9. where it seems to signifie a cut River Fosse-way from Fossus digged Was anciently one of the four grand High-wayes of England so called because 't is conceav'd to be digg'd or made passable by the ancient Romans or Ditch'd at least on one side but now several inferior High-wayes are so called See Watlingstreet foster-Foster-land Sax. Land-given assigned or allotted to the finding of Food or Victuals as in Monasteries for the Monks Fother or Fodder Sax. Is a Weight of Lead containing Eight Pigs and every Pig One and twenty Stone and a half which is about a Tun or a common Wain or Cart Load Speight in his Annotations upon Chaucer I finde also in the Book of Rates mention of a Fodder of Lead which according to Skene is about Sixscore and eight Stone Founder from fundere to pour Is he that melts Metal and makes any thing of it by pouring or casting it into a Mold Anno 17 Rich. 2. cap. 1. Fourcher Fr. fourchir i. Titubare lingua Signifies a putting off prolonging or delay of an Action And it appears no unpleasant Metaphor for as by stammering we draw out our speech not delivering that we have to say in ordinary time so by fourching we prolong a snte that might be ended in a shorter space In Westm 1. cap. 42. you have these words Coparceners and Joyntenants shall no more fourch but onely shall habe one Essoyn c. And Anno 6 Edw. 1. cap. 10. it is used in the same sence The Defendants shall be put to answer without fourching c. Anno 23 Hen. 6. cap. 2 See 2 Part. Inst fol. 250. Foutgeld or Footgeld Compounded of two German words fous i. pes and gyldan i. solvere q. pedis redemptio Signifies an Amercement for not cutting out the Balls of great Dogs Feet in the Forest See Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forest unlawed without punishment or control Cromptons Jurisd fol. 197. Manwood part 1. pag. 86. This priviledge was allowed in Assis Forest de Pickring 10 Edw. 3. Fowles of Warren See Warren Frampole Fences Are such Fences as any Tenant in the Mannor of Writtel in Essex hath against the Lords Demeans whereby he hath the Wood growing

on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of Immunity whereof he is either Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum Liberum Is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This

Easterling Merchants in London called the Stilyard Anno 22 Hen. 8. cap. 8. Gild-merchant Gilda Mercatoria Was a certain Priviledge or Liberty granted to Merchants whereby they were enabled among other things to hold certain Pleas of Land within their own Precincts Giltwite See Gyltwite Gisarms rectius Guisarmes An. 13 Edw. 1. Stat. 3. cap. 6. A kinde of Hand-Ax according to Skene Fleta writes it Sisarms lib. 1. cap. 14. Est armorum genus longo manubrio porrecto cuspide Spel. Gleab-land Gleba Church-land Dos vel à terra ad Ecclesiam pertinens Charta Elredi Regis Magnae Britanniae Monast de Croiland apud Ingulphum Inprimis totam Insulam Croilandiae pro Gleba Ecclesiae pro situ seperali ejusdem Monasterii Dono. Lindwood says Gleba est terra in qua consistit Dos Ecclesiae Mentioned in the Statute of 14 Car. 2. cap. 25. We most commonly take it for Land belonging to a Parish Church besides the Tythe Skene says The four Acres of Land quhilk is given to the Ministers of the Evangel in Scotland is called ane Gleeb the quhilk suld be frée fra payment of any teinds Go Is sometimes used in a special signification as to go without day and to go to God is as much as to be dismissed the Court. Broke tit Failer de Records num 1. And Kitchin fol. 193. Goaling of Uagabonds i. Sending them to the Goal Anno 35 Eliz. cap. 7. God-bote Sax. Mulcta ex delictis in Deum admissis obveniens A Fine or Amerciament for crimes and offences against God an Ecclesiastical or Church Fine Good-behavior See Good abearing Goldwith vel Goldwich In the Records of the Tower there is mention of Consuetudo Vocata Goldwith vel Goldwich but no Explication of it Ideo quare Good abearing Bonus gestus Is by a special signification an exact carriage or behavior of a Subject towards the King and his Leige People whereunto some Men upon their misbehavior or loose demeanure are sometimes bound For as Lambert in his Eiren. lib. 2. cap. 2. says He that is bound to this is more strictly bound then to the Peace because where the Peace is not broken without an afray battery or such like this surety De bono gestu may be forfeited by the number of a Mans company or by his or their Weapons or Arms whereof see more in that Learned Writer and in Crompt Just of Peace fol. 120. 127. Good Country Bona Patria Is an Assize or Jury of Countrey-men or good Neighbors Skene verbo Bona Patria Goole Fr Goulet Anno 16 17 Car. 2. cap. 11. A breach in a Bank or Sea-wal or a passage worn by the Flux and Reflux of the Sea Gorce from the Fr. Gort i. a Wear Locus in fluvio coarctatus piscium capiendorum gratia a Wear It is accorded That all such Gorces Mills Wears Stanks Stakes and Kiddles which be levied and set up in the time of King Edward the Kings Grand-father and after whereby the Kings Ships and Boats be disturbed that they cannot pass in such River as they were wont shall be out and utterly pulled down without being renewed Anno 25 Edw. 3. cap. 4. Sir Edward Coke on Littl. fol. 5. b. seems to derive it from Gurges a deep Pit of Water and calls it a Gors or Gulf. But quaere if not a mistake Gote Anno 23 Hen. 8. cap. 5. A Ditch Sluce or Gutter perhaps from the Sax. geotan Fundere Graduats Graduati Are such Schollars as have taken degrees in any University Anno 1 Hen. 6. cap. 3. Graffer Fr. Greffier i. Scriba Signifies a Notary or Scrivener and is used in the Stat. 5 Hen. 8. cap. 1. Graile Gradale seu Graduale A Gradual or Book containing some of the Offices of the Roman Church Gradale inquit Lindwodus sic dictum a gradalibus in tali libro contentis Provincial Angl. lib. 3. The word is mentioned in Plowden fol. 542. And 37 Hen. 6. fol. 32. It is sometimes taken for a Mass-Book or part of it instituted by Pope Celestine Anno 430. according to Cotgrave Grand Assize See Assize and Magna Assisa Grand Cape See Cape and Attachment Grand days Are one in every Term solemnly kept in the Inns of Court and Chancery viz. Candlemas-day in Hillary Term Ascension-day in Easter Term S. John Baptist-day in Trinity Term and All-Saints in Michaelmas Term and these are Dies non juridici no days in Court Grand Distress Districtio Magna Is so called not for the quantity for it is very short but for the quality for the extent is very great for thereby the Sheriff is commanded Quod distringat tenentem ita quod ipse nec aliquis per ipsum ad ea manum apponat donec habuerit aliud praeceptum quod de exitibus eorundem nobis respondeat quod habeat corpus ejus c. This Writ lies in two Cases Either when the Tenant or Defendant is attached and so returned and appears not but makes default then a Grand Distress is to be awarded or when the Tenant or Defendant hath once appeared and after makes default then this Writ lies by the Common Law in lieu of a Petit Cape 2 Part. Inst fol. 254. Anno 52 Hen. 3. cap. 9. Westm 1. cap. 44. Grand Sergeanty See Chivalry and Sergeanty Grange Grangia Is a House or Farm not onely where are necessary places for all manner of Husbandry as Stables for Horses Stalls for Cattle c. But where are Barns and Granaries for Corn Haylofts c. And by the Grant of a Grange which is often in Conveyances such places will pass Provinc Angl. lib. 2. tit de Judiciis ca. Item omnis Grant Concessio Signifies a Gift in writing of such a thing as cannot aptly be passed or conveyed by word onely As Rent Reversions Services Advowsons in Gross Tythes c. or made by such persons as cannot give but by Deed as the King and all Bodies Politick which differences are often in speech neglected and then it is taken generally for every gift whatsoever made of any thing by any person and he that grants it is called the Grantor and he to whom it is made the Grantee West part 1. Symbol lib. 2. Sect. 334. And a thing is said to Lie in Grant which cannot be assigned without Deed. Coke lib. 3. Lincoln-Colledge Case Great Men Are most commonly understood to be the Temporal Lords of the Higher House of Parliament As Anno 43 Edw. 3. cap. 2. and 8 Rich. 2. in Proaem And sometimes of the Members of the House of Commons as Anno 2 Rich. 2. stat 2. Greathbreach or Greachbreach Is mistaken by Saxton in his Description of England cap. 11. And by Rastal for Grith-breche which Vide. Grée Fr. Gre i Will allowance or liking Signifies agreement contentment or good-liking As to make gree to the parties is to satisfie them for an offence done Anno 1 Rich. 2. cap. 15. And in 25 Edw. 3. cap. 19.

is used in the same signification in other Nations Honor Courts Are Courts held within the Honors aforesaid mentioned 33 Hen. 8. cap. 37. And 37 Ejusdem cap. 18. Honorary Services Anno 12 Car. 2. cap. 29. Are such as are incident to the Tenure of Grand Serjeanty and annexed commonly to some Honor or Grand Seigniory Hontfongenethef Cum omnibus aliis libertatibus tantummodo Hontfongenethef mihi retento Carta Wil. Comitis Marescalsi In Mon. Angl. 1 Par. fol. 724. This should have been written Hondfangenethef and signifies a Theif taken with Hondha-bend i. Having the thing stoln in his hand Hornebeam-Pollengers Are Trees so called that have usually been lopped and are above twenty years growth and therefore not tythable Plowden Casu Soby fol. 470. Horngeld from the Sax. Hofn cornu gel● soltitio Signifies a Tax within the Forest to be paid for horned Beasts Cromp. Juris fol. 197. And to be free of it is a priviledge granted by the King to such as he thinks good Quietum esse de omni collectione in Foresta de bestiis cornutis asses 4 Inst fol. 306. Et sint quieti de omnibus geldis Danegeldis Vodgeldis Senegeldis Horngeldis c. Diploma Hen. 3. Canonicis Monialibus de Semplingham See Subsidy Hors de son Fée Fr. i. out of his Fee Is an Exception to avoid an Action brought for Rent issuing out of certain Land by him that pretends to be the Lord or for some Customs and Services For if the Defendant can prove the Land to be without the compass of his Fee the Action falls See District and Broke hoctitulo Hospitalers Hospitalarii Were a certain order of Religious Knights so called because they built an Hospital at Jerusalem wherein Pilgrims were received To these Pope Clement the Fifth transferred the Templers which Order by a Council held at Vienne he suppressed for their many and great misdemeanors These Hospitalers were otherwise called Knights of S. John of Jerusalem and are now those we call the Knights of S. John of Malta Cassan Gloria mundi part 9. Consid 5. This Constitution was also obeyed in Edward the Second's time here in England and confirmed by Parliament Walsinghams Hist Edw. 2. These are mentioned 13 Edw. 1. cap. 43. and 9 Hen. 3. cap. 37. They had many priviledges granted them by the Popes as immunity from payment of Tythes c. Their Lands and Goods were put into the Kings dispose by Stat. 32 Hen. 8. cap. 24. See Mon. Angl. 2 part fol. 489. Hotchpot Fr. Hochepot A confused mingle-mangle of divers things jumbled or put together so also of Lands of several Tenures As a Man seised of thirty Acres of Land in Fee hath issue two daughters and gives with one of them ten Acres in Franc-marriage and dies seised of the other twenty Now if she that is thus married will have any part of the twenty Acres she must put her Lands given in Franc-marriage in Hotchpot that is she must refuse to take the sole profits of the ten Acres but suffer them to be mingled with the other twenty Acres to the end an equal division may be made of the whole thirty between her and her sister and thus for her ten Acres she shall have fifteen otherwise her sister will have the twenty Acres of which the Father died seised Littleton fol. 55. Coke on Littl. lib. 3. cap. 12. Britton fol. 119. Housabold and Hoybold Et similiter concessionem quam idem Willielmus de Lancastre fecit eisdem Abbati Canonicis de Cokersand eorum tenentibus villae de Gairstang tam qui essent quam qui fuerunt de Housabold and Hoybold cum omnibus aliis libertatibus eidem Villae pertin Mon. Angl. 2 par fol. 633. a. Quaere House-bote Compounded of House and Bote i. Compensatio Signifies Estovers or an allowance of Timber out of the Lords Wood for the repair or upholding a House or Tenement Housebote says Coke on Littl. fol. 41. b. is twofold viz. Estoverium aedificandi ardendi House-robbing or House-breaking Sax. Hous-bryc Is the robbing a Man in some part of his House or his Booth or Stall in any Fair or Market and the owner or his Wife Children or Servants being within the same This was Felony by 23 Hen. 8. cap. 1. and 3 Edw. 6. cap. 9. but now it is Felony though none be within the House by 39 Eliz. cap. 15. See Burglary and West part 2. Symb. tit Indictments sect 67. Hudegeld Significat quietantiam transgression is illatae in servum transgredientem Supposed to be mistaken by Fleta or mis-printed for Hinegeld Hue and Cry Hutesium and Clamor from the Fr. Huer and Crier both signifying to shout and cry out aloud Signifies a pursuit of one who hath committed Felony by the High-way for if the party robbed or any in the company of one murdered or robbed come to the Constable of the next Town and will him to raise Hue and Cry or to pursue the Offendor describing the party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for aid in seeking the Felon and if he be not found there then to give the next Constable warning and he the next until the Offendor be apprehended or at least thus pursued to the Sea-side Of this read Bracton lib. 3. tract 2. cap. 5. Smith de Repub. Anglor lib. 2. cap. 20. And the Statutes 13 Edw. 1. of Winchester ca. 3. 28 Ed. 3. cap. 11. and 27 Eliz. cap. 13. The Normans had such a pursute with a Cry after Offenders as this is which they called Haro of which you may read the Grand Customary ca. 54. Hue is used alone Anno 4 Ed. 1. Stat. 2. In ancient Records this is called Hutesium Clamor See Cokes 2 Part Instit fol. 172. Mandatum est Gulielmo de Haverhul Thesaurario Regis quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non Levaverunt Hutesium Clamorem pro morte Magistri Guidonis de Aretio aliorum interfectorum secundum legem consuetudinem regni Rot. Claus 30 H. 3. m. 5. Huers See Conders Huissiers See Usher Hulm See Holm Hundred Hundredum Centuria Is a part of a Shire so called either because at first there were an hundred Towns and Villages in each Hundred or because they did find the King 100 able Men for his Warrs These were first ordain'd by King Alfred the 29th King of the West Saxons Aluredus Rex sayes Lambert verbo Centuria ubi cum Guthruno daco foedus inierat prudentissimum illud olim a Jethrone Moisi datum secutus consilium Angliam primus in Satrapias Centurias decurias partitus est Satrapiam Shyre a Scyrian quod partiri significat nominavit Centuriam Hundred Decuriam Toothing sive Tienmantale i. Decemvirale Collegium appellavit atque iisdem nominibus vel hodie vocantur c. This dividing Counties into

of Cattel But Lambert sayes 't is a restitution made by the Hundred or County of any wrong done by one that was in pledge Archa pa. 125. or rather a penalty for taking away of Cattel Orfraies Aurifrisium Frizled Cloth of Gold made and used in England both before and since the Conquest worn by our Kings and Nobility as appears by a Record in the Tower where the King commands the Templers to deliver such Jewels Garments and Ornaments as they had of His in keeping among which he names Dalmaticum velatum de Orefreis i. A Dalmatick or Garment guarded with Orfraies And of old the Jacquets or Coat-armors of the Kings Guard were also termed Orfraies because adorn'd with Goldsmiths work Orgallous Rectius Orguillous from the French Orgueil i. Pride Proud Haughty Lofty-minded Art against Card. Woolsey 4 Inst fo 89. Orgeis Anno 31 Edw. 3. Stat. 3. ca. 2. Is the greatest sort of North-sea-fish for the Statute says They are greater then Lob-fish In these dayes called Organ Ling which is a corruption from Orchney the best being taken near that Island Originalia In the Treasurers Remembrancers Office in the Exchequer are Records or Transcripts sent thither out of the Chancery and are distinguish'd from Recorda which contain the Judgments and Pleadings in Sutes tryed before the Barons Ortelli Signifies the Claws of a Dogs foot from the Fr. Orteils des peids i. Digiti pedum the Toes 'T is used in Pupilla oculi Chap. de Char. Forest par 5. ca. 22. Osmonds Anno 32 Hen. 8. ca. 14. and I find in Spelmans Gloss mention of a last of Osmonds Is that Oar or Iron-Stone of which Iron is made and it seems was anciently brought into England Ouch Anno 24 Hen. 8. ca. 13. A kind of Collar or Neck-lace of Gold or such like ornament worn by women about their necks Sometimes used for a boss or button of Gold Ouersamessa Si quis furi obviaverit sine vociferatione gratis eum dimiserit emendet secundum Weram ipsius furis vel plena lada se adlegiet quod cum eo falsum nescivit si quis audito clamore supersedit reddat Ouersamessa regis aut plene se laidiet Lib. rub ca. 36. This seems to have been an ancient Penalty or Fine before the Statute for Hue and Cry laid upon those who hearing of a Murder or Robbery did not pursue the Malefactor 3 Inst fo 116. and to be the same which is elsewhere written Oversegenesse and Ouersenesse See Gyltwite Ouelty of services Is equality of services as when the Tenant paravail owes as much to the Mesn as the Mesn does to the Lord Paramount Fitz. Nat. Br. fo 136. So Owelty of partition Coke on Litt. fo 169. Overt-act Apertum factum An open plain evident act 3 Inst fo 12. which must be manifestly proved Overt word An. 1 Mar. Sess 2. ca. 3. An open plain word from the Fr. Ouvert Ouster le main Fr. Oster la main i. To take off the hand Signifies a Livery of Lands out of the Kings hands or a Judgment given for him that Traversed or sued a Monstrance le droit For when it appear'd upon the matter discussed that the King had no right nor title to the Land he seised Judgment was given in Chancery that the Kings hands be amoved or taken off and thereupon Amoveas manum was awarded to the Escheator to restore the Land c. Stamf. Praerog ca. 24. It is written Oter le maine 25 Hen. 8. ca. 22. But now all Wardships Liveries Primerseisins and Ouster lemains c. are taken away and discharged by 12 Car. 2. ca. 24. Ouster le mer Fr. Oultre i. Ultra le mer mare Is a cause of excuse or essoin if a man appear noti in Court upon Summons for that he was then beyond the Seas See Essoin Ousted From the Fr. Oster to remove or put out As ousted of the possession Pecks Case Mich. 9. Car. 1. 3 Part Crokes Rep. fo 349. that is removed or put out of possession Outfangthef from the Sax. Ut i. Extra Fang i. Capio vel Captus theof i. Fur quasi fur extra captus Is a liberty or priviledge whereby a Lord is enabled to call any man dwelling in his Fee and taken for Felony in another place to Judgment in his own Court. Rastals Expos of Words Anno 1 2 Ph. Ma. ca. 15. Per Outfangthef Edwardus Sutton miles Dominus de Dudley c. clamat quod quandoque aliquis latro qui est homo ipsius Edwardi de Dominio suo praedicto de aliqua felonia convictus fuerit pro qua suspendi debeat in quacunque Curia idem felo sit convictus ducatur ad furcas ipsius Edwardi per Ministros suos ibidem suspendatur Pl. in Itin. apud Cestriam 14 Hen. 7. Outlaw Sax. Utlaghe Lat. Utlagatus Significat bannitum extra legem Fleta lib. 1. ca. 47. one deprived of the benefit of the Law and out of the Kings protection Forisfacit utlagatus omnia quae pacis sunt quia a tempore quo utlagatus est caput gerit lupinum ita quod ab omnibus intersici possit impune maxime si se defenderit vel fugerit c. Bracton lib. 3. Tract 2. ca. 11. num 1 3. see Utlary But in the beginning of Edward the Thirds Reign it was resolved by the Judges that it should not be lawful for any man but the Sheriff onely having lawful warrant therefore to put to death any man Outlawed Coke on Litt. fo 128. b. See Capias utlagatum Outparters Anno 9 Hen. 5. ca. 8. A kind of Theeves in Ridesdale that took Cattel or other Booty without that liberty Others think they were such as lay in wait for robbing any Man or House See Intakers Out-riders Are Bailiffs errant employ'd by Sheriffs or their Deputies to ride to the farthest places of their Counties or Hundreds with the more speed to Summon persons into their County or Hundred Courts Anno 14 Edw. 3. Stat. 1. ca. 9. Owelty See Ouelty Oxgang of Land Bovata terrae is commonly taken for fifteen Acres Six Oxgangs of Land are as much as six Oxen will Plough Cromp. Jurisd fo 220. Bovatus terrae i. Quantum sufficit ad iter vel actum unius bovis Ox enim est bos gang vel gate iter See Coke on Litt. fo 69. a. Oyer and Terminer Fr. Ouir Terminer Is a Commission especially granted to certain persons for the hearing and determining one or more causes This was wont in former times to be only in use upon some sudden Outrage or Insurrection in any place See Cromp. Jurisd fol. 131. and Westm 2. cap. 29. who might grant this Commission And Fitz. Nat. Br. fol. 100. for the form and occasion of the Writ and to whom it is to be granted And Brook hoc titulo A Commission of Oyer and Terminer is the first and largest of the five Commissions by which our

Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord M●sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after Easter-day and ends the Munday next after Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur c●rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery

Br. fol. 92. E. See Trespass and the divers use of this Writ in the Table of Reg. of Writs 2 Inst fol. 419. Transire Anno 14 Car. 2. cap. 11. I used for a Custom-house Warrant or Let-pass from transeo to go forth or let pass Transitory Is the opposite to Local See Local Trantery So in some Mannors they call the Money arising by Amercements of Ale-sellers and Victuallers for breaking the Assise of Bread and Ale as at Luston and other Mannors in Herefordshire especially those belonging to the Brishopric of Hereford But why so called Quaere Travers from the Fr. Traverser i. Transfigere Signifies sometimes to deny sometimes to overthrow or undo a thing or to put one to prove some matter much used in answers to a Bill in Chancery or it is that which the Defendant pleadeth or saith in Bar to avoid the Plaintiffs Bill either by confessing and avoiding or by denying and traversing the material parts thereof The formal words of which Travers are in our French sans ceo in Latin absque hoc in English without that See Kitchin fol. 227. 240. To Travers an Office is nothing else but to prove That an Inquisition made of Goods or Lands by the Escheater is defective and untruly made So to Travers an Indictment is to take issue upon the cheif matter and to contradict or deny some point of it As in a Presentment against A. for a High-way overflown with Water for default of scouring a Ditch c. A. may Travers either the matter that there is no High-way there or that the Ditch is sufficiently scoured or otherwise he may Travers the Cause viz. That he hath not the Land or that he and they whose estate c. have not used to scour the Ditch Lamb. Eiren. lib. 4. cap. 13. pag. 521 522. See the New Book of Entries verbo Travers Treason Fr. Trahison i. Proditio Is divided into high and petit Anno 25 Edw. 3. stat 3. cap. 4. High-treason is defined to be an offence committed against the Security of the King or Commonwealth whether it be by imagination word or deed as to compass or imagin the death of the King Queen or Prince or to deflower the Kings Wife or His eldest Daughter unmarried or His eldest Sons Wife or levy War against the King in His Realm adhere to His enemies counterfeit His Great Seal Privy Seal or Money or wittingly to bring false Money into this Realm counterfeited like the Money of England and utter the same To kill the Kings Chancellor Treasurer Justices of either Bench Justices in Eyre of Assise or of Oyer and Terminer being in their place doing their Office An. 25 Edw. 3. cap. 2. Forging the Kings Seal-Manuel or Privy Signet Privy Seal or Foreign Coyn current here Anno 2 Mar. cap. 6. or diminishing or impairing current Money 5 Eliz. cap. 11. 14 Eliz. cap. 3. and 18 Eliz. cap. 1. Or to say the King is an Heretick or Papist or that He intends to introduce Popery c. Anno 13 Car. 2. cap. 1. And many others which you may read there and in other places particularly expressed In case of this Treason a Man shall be hanged drawn and quartered and forfeit his Lands and Goods to the King it is also called Treason Paramount Anno 25 Edw. 3. cap. 2. Petit Treason Is when a Servant kills his Master a Wife her Husband or when a Secular or Religious Man kills his Prelate or Superior to whom he ows Faith and Obedience and in how many other Cases Petit Treason may be committed See Cromp. Just of Peace This kinde of Treason gives forfeiture of Escheats to every Lord within his own Fee See Bracton lib. 3. tract 2. cap. 3. num 1. 2. There is also mention of Accumulative Treason and Constructive Treason in the Stat. 14 Car. 2. cap. 29. Treasure-trove Fr. Tresor-trouve i. Treasure-found Signifies veterem depositionem pecuniae cujus non extat memoria ut jam dominum non habeat And though the Civil Law give it to the finder according to the Law of Nature yet our Law gives it to the King by His Prerogative or to some other who claims by the Kings grant or by praescription as appears by Bracton lib. 3. Tract 2. ca. 3. nu 4. The punishment for concealing Treasure found is imprisonment and fine But if the owner may any wayes be known then it does not belong to the Kings Prerogative Briton ca. 17. sayes 't is every Subjects part as soon as he has found any Treasure in the earth to make it known to the Coroners of the County c. See Kitchin fo 40. Anno 1 2 Ph. Mary ca. 15. This was anciently called Fyndaringa of finding the Treasure LL. Hen. 1. ca. 11. See 3 Inst fo 132. Treasurer Thesaurarius Is an Officer to whom the Treasure of another is committed to be kept and truly disposed of The chief of these with us is the Treasurer of England who is a Lord by his Office and one of the greatest men of the Land under whose Government is all the Princes Wealth contained in the Exchequer as also the Check of all Officers any way employed in collecting Imposts Tributes or other Revenues belonging to the Crown c. Smith de Repub. Angl. lib. 2. ca. 14. See Anno 20 Ed. 3. ca. 6. and other Statutes relating to this Great Officer There is also Treasurer of the Kings Houshold who is also of the Privy-Council and in the absence of the Steward of the Kings houshold has power with the Controller and Steward of the Marshalsea without Commission to hear and determin Treasons Murder c. committed within the Kings Palace Stam. Pl. Cor. lib. 3. ca. 5. There is also in the Statutes mention of Treasurer of the Exchequer Treasurer of the Navy Treasurer of the Kings Chamber Treasurer of the Kings Wardrobe Treasurer of the Wars c. And most Corporations throughout the Kingdom have an Officer of this Name who receives their Rents and disburseth their common expences Treat From the French Traire i. Emulger● Signifies as much as taken out or withdrawn As a Juror was challenged because he could not dispend 40 l. and therefore was treat by the Statute Old Nat. Br. fo 159. that is removed or discharged Trebuchet Terbichetum A Tumbrel or Cokestole 3 Part. Inst fo 219. See Tribuch Treet Triticum i. Wheat In the Statute of 51 Hen. 3. Bread of Treet seems to be that bread which was made of fine Wheat See Cocket Trental Trentale An Office for the Dead continued thirty dayes or consisting of thirty Masses from the Italian Trenta i. Triginta mentioned Anno 1 Ed. 6. ca. 14. Et volo ordino quod Executores mei ordinant scu ordinare faciunt unum Trentall pro salute animae meae Will proved Anno 1456. Trespass Transgressio Signifies any transgression of the Law under Treason Felony or Misprision of either Stam. pl. Cor. fo 38. where he

Parish within the City of London and Suburbs and elswhere who yearly chuse Officers for the Parish and take care of its concernments so called because they usually meet in the Vestry of the Church Uesture Vesturd Signifies a Garment but we turn it Metaphorically to betoken a Possession or an admittance to a Possession or Seisin So is it taken in Westm 2. cap. 25. And in this signification it is borrowed from the Feudists with whom Investitara imports a Delivery of Possession by a Spear or Staff and Vestura Possession it self Hottoman verbo Investitura Vestura terrae i. Segetes quibus terra Vestitur MS. Uesture of an Acre of Land Anno 14 Edw. 1. stat 1. Is the profit of it So in Extenta Manerii 4 Edw. 1. It is inquirable How much the Vesture of an Acre is worth and how much the Land is worth when the Wood is felled Uetitum namium Namium signifies a Taking or Distress and Vetitum forbidden as when the Bailiff of a Lord Distrains Beasts or Goods and the Lord forbids his Bailiff to deliver them when the Sheriff comes to Replevy them and to that end drives them to places unknown or when without any words they are so eloigned as they cannot be replevied Divers Lords of Hundreds and Court Barons have power to hold Plea De Vetito Namio in old Books called De Vet. 2 Inst fol. 140. Sir Henry Spelman says it is Antiqua Juris nostri locutio brevis Regis nomen See Naam Uicario deliberando occasione cujusdam Recognitionis c. Is a Writ that lies for a Spiritual Person imprisoned upon forfeiture of a Recognisance without the Kings Writ Reg. of Writs fol. 147. Uicis venellis Mundandis Is a Writ that lies against a Major or Bailiffs of a Town c. for the clean keeping their Streets Reg. of Writs fol. 267. b. Uicar Vicarius The Priest of every Parish is called Rector unless the Predial Tithes be impropriated and then he is called Vicar Quasi vice fungens Rectoris Sciant quod ego Johannes Webbe perpetuus Vicarius Ecclesiae Parochialis de Bromyord Dedi Domino David Hay perpetuo Vicario Ecclesiae Parochialis de Anenebury duas acras terrae c. Dat. 8 Hen. 5. They stiled themselves Perpetui Vicarii because every Vicaridge hath a constant Succession as a Corporation and never dies The Canonists mention four species of Vicars Quidam sunt perpetui ad Parochiales Ecclesias constituti quidam non perpetui sed ad aliquos actus constituti ut temporales isti dicuntur mercenarii Quidam sunt speciales non ad curam sed ad certum locum articulum vel actum constituti Quidam nec perpetui nec ad curam nec ad certum actum sed generaliter dantur ad omnia See Vocab utriusque Juris verbo Vicarius Uice-Chamberlain called Under-Chamberlain Anno 13 Rich. 2. stat 2. cap. 1. Is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlment of all Officers whatsoever appertaining to that part of his Majesties Houshold which is called the Chamber or above stairs Uicegerent Anno 31 Hen. 8. cap. 10. A Deputy or Lieutenant Uicinage Fr. Voisinage Neighborhood nearness Mag. Char. cap. 14. See Venue Uicinetum See Visne Uicount alias Uiscount Vicecomes Signifies as much as Sheriff Between which two words I finde no other difference but that the one comes from our Conquerors the Normans the other from our Ancestors the Saxons of which see more in Sheriff Vicount also signifies a degree of nobility next to an Earl which Camden Britan. pag. 170. says Is an old name of Office but a new one of dignity never heard of among us till Henry the Sixths dayes who in his eighteenth year in Parliament created John Lord Beaumont Viscount Beaumont but far more ancient in other Countries Cassan de Gloria mundi par 5. consider 55. See Sheriff And Seldens Titles of Honor fo 761. Uicountiels Vicecomitilia Are certain Ferms for which the Sheriff pays a rent to the King and makes what profit he can of them v. Stat. 33. 34 Hen. 8. ca. 16. 2 3 Ed. 6. ca. 4. 4 Hen. 5. ca. 2. Writs Vicountiel are such Writs as are triable in the County or Sheriffs Court Old Nat. Br. fo 109. of which kind you may see divers Writs of Nusance set down by Fitzh in his Nat. Br. fo 184. b. See Anno 6 Rich. 2. ca. 3. Uicountiel Rents Mentioned 22 Car. 2. ca. 6. see Vicountiels Uidimus Anno 15 Hen. 6. ca. 3. See Innotescimus Uiew Fr. Veue i. Visus conspectus Signifies the act of Viewers For when any Action real is brought and the Tenant knows not well what land it is that the Demandant asks then he may pray the view which is that he may see the land which is claimed of this Britton writes ca. 45. This course of proceeding we received from the Normans as appears by the grand Custumary ca. 66. and 80. This view is used as in other cases so in an Assise of rent-service rent charge or rent seck Fitz. Nat. Brev. fo 178. and in a Writ de Curia claudenda Idem fo 128. In a Writ of Nusance idem fo 183. In a Writ Quo jure Idem fo 128. In the Writ de rationabilibus divisis Idem fv 129. And in the Writ de secta ad molendinum Idem fo 123. see the New Book of Entries verbo view and how this view is made in Fleta lib. 4. ca. 6. See Veiours and Westm 2. ca. 48. Uiew of Frankpledge Visus Franci plegii Is the Office which the Sheriff in his County Court or the Bailiff in his Hundred performs in looking to the Kings peace and seeing that every man be in some pledge This is called by Bracton Res quasi sacra quia solam personam Regis respicit introducta pro pace communi utilitate lib. 2. ca. 16. num 8. See Frankpledge Leet Decennier See New Book of Entries on this word Ui laica removendo Is a Writ that lies for the removing a forcible possession of a Benefice kept by Lay-men and is sometimes granted upon the Certificate of the Bishop into the Chancery that there is such a force in his Diocess sometimes onely upon a surmise thereof made by the Ineumbent himself and has a several form for either case Fitz. Nat. Brev. fo 54. Reg. of Writs fo 59 60. Uigil Vigilia Anno 2 3 Ed. 6. ca. 19. is used for the eve or day next before any solemn Feast because then Christians of old were wont to watch fast and pray in their Churches Uill Villa Is taken for a Mannor and sometimes for a Parish or part of it Villa apud Saxones nostros antiquos Romano sensu accipi videtur pro praedio unius alicujus in rure cum idoneis aedibus ad reponendos cjusdem fructus honestato Non autem primitus pro multarum