a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
19 Hen. 7. cap. 20. Afforest afforestare To turn Ground into Forest Charta de Foresta cap. 1. Anno 9 Hen. 3. See more in Forest Affray of the Fr. affros i. A fright Signifies a skirmish or fighting between two or more Lamb. in his Eirenarcha lib. 2. cap. 3. saith It is ofttimes confounded with Assault but they differ in this That an Assault is onely a wrong to the party an Affray is a common wrong And therefore both are enquirable and punishable in a Leet An Affray may also be without word or blow given As if a Man shew himself furnished with Armor or Weapons not usually worn it may strike a fear into others unarmed And so it is used An. 2 Edw. 3. cap. 3. Affri vel Affra Bullocks or Plough-Beasts Vicecomes liberet ei omnia catalla debitoris exceptis bobus Affris carucae Westm 2. cap. 18. And in Northumberland to this day they call a dull or slow Horse a False aver or Afâ—r Spelm. From whence also may come the word Heyfer for a young Cow Age aetas Fr. aage Signifies that part of Mans life which is from his birth to this or his last day But in Law it is particulary used for those especial times which enable Men or Women to do that which before for want of Age and consequently of Judgment they might not do These in a Man are two at Fourteen years he is at the Age of Discretion Twenty one years is his full Age. Littleton lib. 2. cap. 4. In a Woman there were six Ages observed First at Seven years of Age her Father might of old Distrain the Tenants of his Mannor for Aid to marry her For at those years she may consent to Matrimony Bracton lib. 2. cap. 36. numb 3. Secondly At nine years old she is Dowable for then or within half a year after she is able Promereri dotem virum sustinere Fleta lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years Thirdly At Twelve years she is able finally to ratifie and confirm her former consent to Matrimony Fourthly At Fourteen she is enabled to receive her Lands into her own hands and should be out of Ward if she were of this Age at her Ancestors death Fifthly At Sixteen years she should be out of Ward though at the death of her Ancestor she was under Fourteen The reason is Because then she might take a Husband able to perform Knights service Sixthly At Twenty one years she is able to alienate her Lands and Tenements Also at the Age of Fourteen a Man is enabled to chuse his own Guardian and to claim his Land holden in Soccage Dyer fol. 162. Which Bracton Lib. 2. limits at Fifteen years with whom Glanvile also agrees And at Fourteen a Man may consent to Marriage as a Woman at Twelve At the Age of Fifteen years a Man ought to be sworn to keep the Peace An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight that had Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage his estate which until that time he cannot do with security of those that deal with him The Age of Twelve years binds to appearance before the Sheriffs and Coroner for enquiry after Robberies Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Order of Religion without consent of Parents Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b. Age Prier aetatem precari or aetatis precatio Is a Petition or Motion made in Court by one in his minority having an Action brought against him for Lands coming to him by descent that the Action may rest till he come to full age which the Court in most Cases ought to grant This is otherwise in the Civil Law which enforceth Children in their minority to answer by their Tutors or Curators Agenhine See Hoghenhine Agent and Patient Is when one is the doer of a thing and the party to whom it is done As where a Woman endows herself of the fairest possession of her Husband Agist from the Fr. giste i. A Bed or Resting-place or from gister i. stabulari Signifies to take in and feed the Cattle of Strangers in the Kings Forest and to gather the Money due for the same Charta de Foresta cap. 9. The Officers that do this are called Agistors in English Guest or Gist-takers Crom. Jurisd fol. 146. These are made by the Kings Letters Patent and he hath four of them in every Forest where he has any Pawnage In what their Office consists see Manwood Part 1. Of Forest Laws p. 336. Their Function is termed Agistment as Agistment upon the Sea Banks Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground at a certain rate per week See 4 Part. Instit fol. 293. Agreement Agreamentum Plowden fol. 17. Is a joyning or putting together of two or more Mindes in any thing done or to be done and this is in three manners 1. An Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths which saith That the Goods bought by Forestallers being thereof attainted shall be forfeit to the King if the Buyer thereof have made Gree with the Seller where the word Gree which is otherwise called Agreement Executed signifies Payment for the things or Satisfaction The second is where one does an Act and another agrees or assents thereunto afterwards The third is when both parties at one time are agreed that such a thing shall be done in time to come which is Executory in regard the thing is to be done afterwards Aid auxilium Is all one in signification with the French aide and differs onely in pronunciation if we take it as it is used in our vulgar language But in our Laws it hath divers particular significations as sometimes it signifies a Subsidy An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Tenants to their Lords as toward the Relief due to the Lord Paramount Glanvile lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants for Knighting his eldest son at the age of fifteen years or marrying his daughter at seven Register of Writs fol. 87. a. And that at what rate themselves listed But the Statute of Westm 1. An. 3 Edw. 1. ordained a Restraint herein upon common persons being Lords and tied them to a constant rate And 25 Edw 3. Stat. 5. cap. 11. Provides that the rate set down by the former Statute should hold in the King
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
fringed Purfle Purgation Purgatio Is the clearing ones self of a crime whereof he is probably and publickly suspected and thereof accused before a Judge Of this there was great use in England touching matter of Felony imputed to Clerks in former times as appears by Stamf. Pl. Cor. lib. 2. cap. 48. and Westm 1. cap. 2. See Clergy It is still observed in matters pertaining to the Ecclesiastical Court as suspition or common fame of incontinency or such like Purgation is either Canonical or Vulgar Canonical is that which is prescribed by the Canon Law the form whereof is usual in the Spiritual Court the person suspected taking his Oath That he is clear of the Fact objected and bringing so many of his honest Neighbors not above Twelve as the Court shall assign him to swear upon their Consciences and Credulity that he swears truly The Vulgar and ancient manner was by fire or water or by combat used by Insidels and Christians also till by the Canon Law it was abolished But Combat though now disused may be still practised by the Laws of the Realm in Cases doubtful and where there is a want of evidence or other proof if the Defendant chuse rather the combat then other tryal See Ordel and Combat Purificatio Beatae Mariae Uirginis Anno 32 Hen. 8. cap. 21. See Candlemass Purlue or Purlieu from the Fr. Pur i. Purus lieu locus Is all that Ground near any Forest which being made Forest by Henry the Second Richard the First or King John were by Perambulation granted by Henry the Third severed again from the same and became Purlue i. Pure and free from the Laws and Ordinances of the Forest Manwood Par. 2. For. Laws cap. 20. See the Stat. 33 Edw. 1. stat 5. And the Perambulation whereby the Purlieu is Deafforested is called Pourallee i. Perambulatio 4 Inst fol. 303. Purlieu-Man Is he that hath Ground with 〈◊〉 the Purlieu and being able to dispend forty shillings per annum of Freehold is licensed to â—unt in his own Purlieu Manwood part 1. pa. 151. 157. but what observations he must use in his hunting see more in him pa. 180 and Par. 2 ca. 20. Num. 5. 8. 9. Purpresture From the Fr. Pourprist and Pourprest 1. Integre arreptum est proprie terrae alienae clandestina sustractio ejusdemque vicinae ascriptio See Pourpresture Purprisum Fr. Pourpris A Close or Enclosure also the whole compass or extent of a Mannor or Place Donavi eis meum Purprisum de Kirkeham domos meas molendinum prata c. Carta Walteri Espec Priorat de Kirkeham in Mon. Angl. 2 Par. fo 106. n. 40. Purrel Anno 35 Eliz. ca. 10. A List ordained to be made at the end of Kersies to prevent deceit in diminishing their length Pursy Anno 43 Eliz. ca. 10. A Terme among Clothiers See Rewey Pursuivant See Poursuivant Purveyance See Pourveyance Purvieu Fr. Pourveu A Patent Gift Grant and Pourveu que so that on condition that Sir Edward Coke often uses it in his Works for the Body or that part of an Act of Parliament which begins with Be it Enacted The Stat. of 3 Hen. 7. stands upon a Preamble and a Purview 12 Rep. fo 20. Putage Putagium Fornicatio ex parte faeminae quasi puttam agere a Gall. Putte i. Meretrix Quod autem generaliter solet dici Putagium haereditatem non adimit illud intelligendum est de putagio Matris quia filius haeres legitimus est quem nuptiae demonstrant Glanv l. 7. ca. 12. Putura q. Potura A Custom claimed by Keepers in Forests and sometimes by Bailiffs of Hundreds to take Mans meat Horse meat and Dogs meat of the Tenants and Inhabitants gratis within the perambulation of the Forest Hundred c. This Custom within the liberty of Knaresburg was long since turned into the payment of 4 d. pro Putura MS. de temp Ed. 3. Pl. Coron in Com. Ebor. de Anno 21 Ed. 3. Putura in Chasia de Bovoland 4 Inst 307. Per Puturam servient Johannes Stanley Ar. clamat habere de quolibet tenente aliquam terram vocatam Ould Oxgang Lands possidente qualibet sexta septimana victum prout Paterfamilias residens super hujusmodi terram habuerit Pl. in Itin. apud Cestriam 14 Hen. 7. And the Land subject to this Custom is called terra puturata Pla. apud Cestr 31 Ed. 3. Placita apud Preston 17 Edw. 3. coram Willielmo de Shareshull Rogero de Hungerford Henrico de Hungerford Henrico de Hanbury Simone de Pakeman Rogero de Hillary JOhannes de Radecliffe Seneschallus libertatis de Penwortham attachiatus fuit ad respondendum Abbati de Evesham de placito c. Johannes clamat unam Puturam in Prioratu de Penwortham qui est quaedam Cella Abbatiae de Evesham pro se Ministris equis garcionibus suis per unum diem duas noctes de tribus septimanis in tres septimanas viz. de victualibus ut in esculentis poculentis ad custus Prioratus praedicti indebite Pyker alias Pycar A kind of Ship mentioned Anno 31 Edw. 3. Stat. 2. ca. 2. Pyrate See Pirate Q. QUadragesima Sunday Is the first Sunday in Lent and so called because it is about the fortieth day before Easter See Quinquagesima Quadrantata terrae See Fardingdeal Quadrugata terrae A Teem Land Quae quatuor equis agitur Willielmus Prior de Tuttebur omnes Monachi ejusdem loci concesserunt Ormo de Acouere heredibus suis unam Quadrugatam terrae quae attinet ad Man de Malefeld solam quietam sicut tenuit in diebus Henr. de Ferr. c. pro octo sol redd per ann ad Festum S. Martini c. Sine dat M. S. Will. Dugdale Ar. Quae plura Was a Writ that lay where an Inquisition had been made by an Escheator of such Lands or Tenements as any man died seized of and all was supposed not to be found by the Office this was therefore to enquire what more Lands or Tenements the party dyed seised of The form see in Reg. of Writs fo 293. and in Fitz. Nat. Br. fo 255. This Writ is now made useless by taking away the Court of Wards and Offices post mortem Anno 12 Car. 2. ca. 24. Quaerens non invenit plegium Is a return made by the Sheriff upon a Writ directed to him with this Condition inserted Si A. fecerit B. securum de clamore suo prosequendo c. Fitz. Nat. Br. fo 38. Quae servitia Is a Writ See Per quae servitia Quam diu se bene gesserit Is a Clause often used in Letters Pattent of the Grant of Offices as in those to the Barons of the Exchequer which must be intended in matters concerning their Office and is no more then the Law would have imply'd if the Office had been granted for life 4 Inst fo 117. Quale jus Is a Writ Judicial that lies where a man of Religion
Rex Dover De Adulterio per totam Chent habet Rex hominem Archiepiscopus mulierem excepta terra S. Trinitatis S. Augustini S. Martini de quibus Rex nihil habet Et tit Cistre Civitas Vidua si se non legitimè commiscebat xx s emendebat puella vero x s. The penalty of this sin was called Lairwite by our Saxons See in 2 Part. Cokes Instit the notable Case of Margret the Wife of John de Camois who with the consent of her Husband lived in Adultery with Sir William Panell yet lost her Dower See Dower Rex vic Sutht Praecipimus tibi quod diligenter inquiri facias per legales homines de Visn Candeur si Robertus Pincerna habens suspectum Will. Wake qui cum uxore sua Adulterium committeret prohibuit ei ingressum Domus suae si idem Will. post prohibitionem illam Domus ipsius Roberti ingressus Adulterium praedictum commisit inde praefatus Robertus mentula eum privavit si Inquisitio dederit quod ita sit tunc eidem Roberto suis qui cum eo erant ad hoc faciend terr catalla sua occasione illa in manum nostram saisita in pace esse facias donec aliud inde tibi praecipimus veritatem illius inquisitionis G. fil Petri Justic Baronibus nostris de Scace scire fac Teste G. fil Petri Com. Essex apud Wudestoke 3 Nov. Claus. 14 Joh. m. 2. Ad ventrem-inspiciendum Is a Feminine Writ mentioned in the Statute of Essoyns Anno 12 Edw. 2. See Ventre inspiciendo Advocatione decimarum Is a Writ that lies for the claim of the Fourth Part or upward of the Tythes that belong to any Church Register of Writs fol. 29. b. Adboutry See Adultery Advow alias abow advocare To justifie or maintain an Act formerly done For example One takes a Distress for Rent or other thing and he that is distrained sues a Replevin Now the Distrainet justifying or maintaining the Act is said to Avow Hence comes Advowant and Advowry Old Nat. Br. fol. 43. Bracton useth the Latin word in the same signification as Advocatio disseisinae Lib. 4. cap. 26. And I finde in Cassanaeus de Consuet Burg. pag. 1210. Advobare in the same signification And pag. 1213. the Substantive Desavohamentum for a Disavowing or refusing to Avow Advowe alias avowe advocatus Is used for him that hath right to present to a Benefice Anno 25 Edw. 3. Stat. 5. Where we finde also Advowce Paramount for the highest Patron and is spoken of the King Advocatus est ad quem pertinet jus Advocationis alicujus Ecclesiae ut ad Ecclesiam nomine proprio non alieno possit praesentare Fleta lib. 5. cap. 14. Fitz. Nat. Br. fol. 39. Useth it in the same signification See Avowe Advowee Paramount Statute of Provivisors 25 Edw. 3. Is taken for the King or highest Patron Advowzen advocatio A right to present to a Benefice as much as Jus Patronatus in the Canon Law The reason why it is so termed is Because they that originally obtained the right of presenting to any Church were upholders of or great Benefactors to that Church either by building or increasing it and are therefore sometimes termed Patroni sometimes Advocati sometimes Defensores Cap. 4. 23. De jure Patronatus in Decretal And Advowzen being a Bastard-French word is used for the right of presenting as appears by the Statute of Westminster Anno 13 Edw. 1. cap. 5. Advowzen Is of two sorts Advowzen in Gross that is Sole not adhering to any Mannor as parcel of its right and Advowzen Appendant which depends upon a Mannor as appurtenant to it termed by Kitchin an Incident that may be separated from the Subject Of this Skene De verbor sign hath these words Dicitur Advocatio Ecclesiae vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam asserit se in eadem habere jus Patronatus eamque esse sui quasi clientis loco vel potius cum aliquis nempe Patronus advocat alium jure suo ad Ecclesiam vacantem eumque loco alterius veluti defuncti praesentat quasi exhibet Aelmefeoh Pecunia eleemosynaria scilicet denaria Sancti Petri. See Almsfeob Aetate probanda Is a Writ that the Kings Tenant holding in chief by Chivalry and being Ward by reason of his nonage obtained to the Escheator of the County where he was born or sometimes where the Land lay to enquire whether he were of full age to take his Lands into his own hands Register of Writs fol. 294. Fitz. Nat. Br. fol. 253. Now disused Aery or Airy of Goshawks Fr. aire Is the proper word in Hawks for that we generally call a Nest in other Birds So it is used Anno 9 Hen. 3. cap. 13. in the Charter of the Forest and in divers other places Aesnecy See Esnecy Affeerers afferatores probably from the Fr. affier i. To confirm or affirm are those that are appointed in Court Leets upon Oath to settle and moderate the Fines of such as have committed faults arbitrarily punishable and have no express penalty set down by Statute The Form of their Oath you may see in Kitchin fol. 46. The reason of this appellation seems to be because those that are appointed to this Office do affirm upon their Oaths what penalty they think in Conscience the Offender hath deserved We finde this word used Anno 25 Edw. 3. Stat. 7. viz. The same Justices before their rising in every Sessions shall cause the Amerciaments so be affiered And to the same effect Anno 26 Hen. 6. cap. 6. Kitchin fol. 78. joyns these three words as Synonima's Affidati Amerciatores Affirores Bracton hath Affidare mulierem to be betrothed to a Woman Lib. 2. cap. 12. But I finde in the Customary of Normandy cap. 20. This word affeurer which the Latin Interpreter expresseth by taxare that is to set the price of a thing as aestimare indicare c. Which etymology seems to be the best Affidatus Signifies a Tenant by Fealty Ego Rogerus de Fâ—â—hid dedi c. Wil. Wa lensi pro suo servitio unam acram perchiam terrae c. Pro hac donatione concessione devenit praedictus Wil. Affidatus meus c. Affidati non proprie vassalli sunt sed quasi Vassalli qui in alicujus fidem clientelam sunt recepti recommendati dicti Laurentii Amalthaea Affidatio accipitur pro mutua fidelitatis connexione tam in Sponsaliis quam inter Dominum Vassallum Proles de affidata non maritata non est haeres M. S. Penes Arth. Trevor Ar. Affirm affirmare Signifies to ratisie or confirm a former Law or Judgment So is the Substantive Affirmance used Anno 8 Hen. 6. cap. 12. And so is the Verb it self by West parte secunda Symbol tit Fines sect 152. If the Judgment be affirmed c. As also by Crompton in his Jurisd fol. 166.
Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant and endowed it with such Royal Right as the County Palatine of Chester had And for as much as it was afterward extinct in the Person of King Henry the Fourth by reason of the Union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. fol. 202. Duplicat Is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a Case wherein he had formerly done the same and was therefore thought void Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete 〈◊〉 Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâ—vis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
That Feeferm oweth fealty though not expressed in the Feoffment since Fealty belongs to all kinds of Tenures See Ferm Felo de se Is he that commits Felony by murdring himself See Crom. Justice of P. fo 28. and Lamb. Eiren. lib. 2. ca. 7. The Saxons called him Self bana Self-bane Felony Felonia Fr. Felonnie Sir Edward Coke sayes Ideo dicta est Felonia quia fieri debet felleo animo lib. 4. fol. 124. b. We account any offence Felony that is in degree next Petit Treason and compriseth divers particulars as Murder Theft Killing ones self Sodomy Rape Willful burning of Houses and divers such like which are to be gathered especially out of the Statutes whereby many offences are daily made Felony which were not so before Felony is discerned from lighter offences in that the punishment thereof is death yet not alwayes For petit Larceny which is the stealing any thing under the value of twelve pence is Felony as appears by Broke tit Coron num 2 his reason is because the Inditement against such a one must run with these words Felonice cepit yet not punished by Death though it be loss of Goods Other exception I know not but that a Man may call that Felony which is under Petit-Treason and punished by death Of this there are two sorts one lighter which for the first time may be relieved by Clergy another that may not which may also be known by the Statutes for Clergy is allowed where it is not expresly taken away Of this read Stamf. pl Cor. lib. 1. but many offences are made Felony by Statute since he wrote and Lamb. Justice of P. lib. 2. ca. 7. in a Table drawn for the purpose Felony is also punished by loss of Lands not intailed and Goods and Chattels both real and personal yet the Statutes make difference in some cases concerning Lands as appears by 37 Hen. 8. ca. 6. Felony ordinarily works corruption of Blood unless a Statute ordaining an Offence to be Felony says It shall not corrupt the Blood As 39 Eliz. c. 17. Feme covert Fr. a Marryed Woman Anno 27 Eliz. ca. 3. who is also said to be under Covert baron Fence-moneth Mensis prohibitionis or Mensis vetitus Is a Moneth wherein the Female Deer do fawn and therefore t is unlawful to Hunt in the Forest during that time which begins fifteen dayes before Midsommer and ends fifteen dayes after in all 31 dayes See Manwood Part 2. cap. 13. per totum and the Stat 20 Car. 2. ca. 3. It is also called the Defence Moneth that is the Forbidden Moneth for the Latin is Ponantur in defenso There are also certain Fence or Defence Moneths or seasons for Fish as well as wild Beasts as appears by Westm 2. ca. 13. in these words All waters where Salmons are taken shall be in Defence for taking of Salmons from the Nativity of our Lady unto St. Martins-day And likewise that young Salmons shall not be taken nor destroyed by Nets c. from the midst of April to the Nativity of St. John Baptist See also 13 R. 2. Stat. 1. ca. 19. Fengeld Sax. Pecunia vel tributum ad arcendos hostes erogatum M. S. Antiq. Feodal Feodalis vel feudalis of or belonging to the Fee Fee-Farm or Fee-simple Anno. 12 Car. 2. ca. 24. Feodary Feudary or Feudatary Feudatarius Was an Officer Authorized and made by the Master of the Court of Wards by Letters Patent under the Seal of that Office His Function was to be present with the Escheator at the finding any Office and to give Evidence for the King as well concerning the value as the tenure to Survey the Land of the Ward after the Office found and rate it He did also assign the Kings Widows their Dowers and receive all the Rents of Wards lands within his Circuit This Officer is mentioned Anno. 32 Hen. 8. ca. 46 and seems to be totally taken away by 12 Car. 2. ca. 24. Noble-Men had also particular Feodaries Humfrey Count de Stafford de Perch Seigneur de Tunbridge de Cauz a nostre Feodier en le Counte de Warwick c. Saches que nous Dat. 17 H. 6. Feofment Feofamentum from the Gothish word feudum Signifies Donationem feudi any Gift or Grant of any Honours Castles Mannors Messuages Lands or other corporeal and immoveable things of like nature to another in Fee that is to him and his heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing when it is in writing it is called a Deed of Feofment and in every Feofment the giver is called the Feoffer Feofators and he that receives by vertue thereof the Feoffee Feofatus Litt. lib. 1. ca. 6. says the proper difference between a Feoffor and a Donor is that the first gives in Fee-simple the other in Feetay 〈…〉 Feofamentum est ipsum Donum Concessio vel actus feofandi See Coke on Litt. fol. 9. Ferdella terrae Is ten Acres See Virgata and Fardel Ferdendel See Fardingdeal Ferdfare Significat quictantiam eundi in Exercitum Fleta lib. 1. ca. 47. Ferdwit Significat quietantiam murdri in exercitu Fleta lib. 1. ca. 47. Et sint quieti de Fictwite Flictwite Ferdwite Hengewite Leirwite c. Carta 11 H. 3. m. 33. Ferial-days Dies Feriales Feriae according to the Latin Dictionary Signifies Holy-dayes or dayes vacant from Labour and Pleading But in the Stat 27 Hen. 6. ca. 5. Ferial dayes are taken for Working dayes For S. Silvester ordain'd Sabbati Dominici diei nomine retento reliquos hebdomadae dies feriarum nomine distinctos ut jam ante in Ecclesia vocari coeperant appellari So that Ferial dayes are properly all the dayes of the Week except Saturday and Sunday Ferling Ferlingus Sax. feorthling The fourth part of a Penny Quadrans Quando Quarterium frumenti venditur pro 12 denar tunc panis wastelli de Ferling is ponderabit 5 lib. 16 Sol. Assis panis Cervis Anno 51 Hen. 3. Cam. tit Huntingdon says there were in this Borough four Ferlings that is quarters of Wards Ferlingata terrae The fourth part of a Yardland Decem acrae faciunt Ferlingatam 4 Ferlingatae faciunt Virgatam 4 Virgatae faciunt Hidam 5 Hidae faciunt Feodum militare Esc 12 Ed. 2. n. 18. Ebor. In Ancient Records ferlingus terrae is also used See Mon. Angl. 2 Part. fol. 8. a. and elsewhere Ferdlingus terrae Ferm or Farm Lat. Firma Sax. feorme Fr. Ferme Signifies a Mouse and Land taken by Lease in writing or parol This in the North-parts is called a Tack in Lancashire a Ferm-holt in Essex a Wike I find locare ad firmam sometimes to signifie with others as much as to let or set to Farm with us the reason may be in respect of the sure hold they have above Tenants at Will Vide Vocab utriusque Juris verâ—o Afflictus How many ways Ferm is taken see Plowden Casu
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has taken any Bondman or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
most part not required Knight Marshal Mareschallus Hospitii Regis Is an Officer of the Kings House having jurisdiction and cognizance of any transgression within the Kings House and verge of it as also of contracts made within the same house whereto one of the House is a party Reg. of Writs fo 185. a. and 191 b. and Spelmans Glossar in voce Marescallus Knight-service servitium militare Was a tenure whereby several Lands in this Nation were held of the King which drew after it Homage and Service in Warr Escuage Ward Marriage c. but is taken away by Stat. 12 Car. 2. ca. 24. In Domesday book some Land holden by Knights service is called Tainland and land holden by Soccage Reveland fo 86. a. Knights fee Feodum militare Is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry the Thirds dayes was 15 l. Cam. Brittan pa. 111. But Sir Thomas Smith in his Repub. Angl. lib. 1. ca. 18. rates it at 40 l. And by the Stat. for Knights 1 Ed. 2. ca. 1. such as had 20 l. per Ann. in Fee or for life might be compelled to be Knights which Stat. is Repealed by 17 Car. 1. ca. 20. Stow in his Annals pa. 285 says There were found in England at the time of the Conquerour 60211 Knights Fees according to others 60215 whereof the Religious Houses before their Suppression were possessed of 28015. Unde octo Carucatae terrae faciunt feodum unius militis Mon. Angl. 2 p. fo 825. a. Of this you may read more in Seldens Titles of Honor fo 691. and Bracton lib. 5. Tract 1. ca. 2. See Coke on Litt. fo 69. a. A Knights Fee contained 12 Plow-lands 2 Part Inst fo 596. or 680 Acres Knighten-gyld Was a Gyld in London consisting of 19 Knights which King Edgar founded giving them a portion of void ground lying without the Walls of the City now called Portsoken-ward Stowes Annals pa. 151. This in Mon. Angl. 2. p. fo 82. a. is written Cnittenegild Kyddiers Anno 13 Eliz. ca. 25. See Kidder Kylyw Et sint quieti de pastu Kylyw omnibus aliis exactionibus quas Forestarii alii Balivi solent exigere Mon. Angl. 1 Par. fo 722. b. Perhaps it might signifie some kind of Pottage for Kele in the North is still used for Pottage L. LAborariis Is a Writ that lies against such as having not whereof to live do refuse to serve or against him that refuseth to serve in Summer where he served in Winter Reg. of Writs fo 189. b. Laches Fr. Lache i. Frigidus Ignavus Signifies slackness or negligence As no Laches shall be adjudged in the Heir within age Litt. fo 136. and Old Nat. Br. fo 110. Where a Man ought to make or do a thing and he makes or does it not I of his Laches cannot have an Assise but must take an Action on the Case See Coke on Litt. fo 246. and 380. b. Lafordswick Sax. Hlaford Dominus swic Proditio Infidelitas erga Dominum A betraying ones Lord or Master In the Lawes of Hen. 1. ca. 13. Quaedam Placita emendari i. Quaedam crimina expiari non possunt Husbrech Bernet Openthefe Eberemorth Lafordswick Which word is also found in Canutus Laws ca. 61. and in some Authors corruptly written Labordfith Laga Sax. Lag Law Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit says Magna Charta Hence Seaxenlage Mercenlage Danelage c. Lageman or Lahman Lagamannus Homo legalis seu legitimus Such as we call now Good men of the Jury I find the word in Domesday and in the Lawes of Edward the Confessor ca. 38. thus Postea inquisisset Justitia per Lagamannos per meliores homines de Burgo c. Lagen Lagena Fleta lib. 2. ca. 8 9. In ancient time it was a Measure of six Sextarii Hence perhaps our Flagen Donatio insuper de sex Lagenis olei annuatim Carta 2 Ed. 3. m. 25. n. 82. See Minstrel Lagon From the Sax. Legan Liggan i. Jacere Is that which lies in the bottom of the Sea See Flotson Lahsâ—it Lagsâ—ite Laghsâ—ite Sax. Lag Lex flite Ruptio The breaking or transgressing the Law and sometimes the punishment for breaking a Law Si quis Dei rectitudines per vim teneat solvat Lahsâ—ite cum dacis plenam Wytam cum Anglis Leg. Hen. 1. ca. 13. Lairwite Lecherwite Legergeldum A Sax. Lagan seu Laegan Concumbere site Mulcta A Fine or Custom of Punishing Offenders in Adultery and Fornication which priviledge did anciently belong to the Lords of some Mannors in reference to their Villains and Tenants which Fleta lib. 1. ca. 47. seems to infer See 4 Inst fo 206. Lammas-day Anno 23 Hen. 8. ca. 4. Is the first of August and so called quasi Lamb-Mass on which day the Tenants that held Lands of the Cathedral-Church of York which is dedicated to St. Peter ad Vincula Were bound by their Tenure to bring a live Lamb into the Church at High-Mass on that day See Gule of August Landa A Laren or open Field without wood Robertus Comes Legrecestriae Radulpho Pincernae omnibus Baronibus fidelibus suis salutem Sciatis me dedisse servo dei Malgero Monacho in Eleemosina parvam Landam quae est inter Lunbreodam Coptieleiam ad Mansiones oratorium ibidem faciend Testibus c. Sine dat Landboc a Sax. Land i. Terra boc Liber A Charter or Deed whereby Lands or Tenements are held or given Ut praefata Abbatissa praenominatam terram scil centum Manentium cum libris quos Angli dicunt Landboc in perpetuam haereditatem traderet Concil Synodale apud Clovesho Anno Dom. 822. Sic Anglo-Saxones Chartas Instrumenta nuncuparunt praediorum cessiones jura firmitates continentia Spel. Landegandman Was one of the inferior Tenants of a Mannor Custumariorum genus seu inferiorum tenentium Manerii says the learned Spelman who adds Occurrit vox in Customar de Hecham Landcheap Sax. Land-cear from Cearan to buy and sell A certain ancient customary Fine paid either in Mony or Cattel at every alienation of land lying within some Mannor or within the liberty of some Borough As at Maldon in Essex there is yet a Custom claim'd by the same name viz. that for certain Houses and Lands sold within that Borough xiii d. in every Mark of the Putchase-Money shall be paid to the Town which Custom of Landcheap is claimed by a Grant inter al. made to that Town by the Bishop of London Anno 5 Hen. 4. The word is also found in Spel. de Concil Vol. 1. fo 502. Somner in his Sax. Dict. says Landceap fortasse precium fundi pacto datum â—el debitum Landgable Sax. Land-gafel Terrae census vel redditus A Tax or Rent issuing out of Land Domesday Census praedialis vel tributum quod a praediis colligitur
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
Anno 〈◊〉 Ed 〈…〉 ca. 6. See Coke on Litt. fo 365. a. 383. b. Item utimur quod si aliquis puerorum nosirorum in aliquo casu Tenementa nostro tangenti vocatur ad Warrantizandum non tenetur Warrantizare nisi sit quatuordecim annorum MS. Codex de LL. 〈◊〉 Statutis Burgi-villae Mount-gomer a temp Hen. 2. There is also a Warant of Atturney whereby a man appoints another to do something in his Name and waranteth his Action which seems to differ from a Letter of Atturney which passeth ordinarily under the hand and Seal of him that makes it before any credible Witnesses whereas a Warant of Atturney in a personal and mixt Action and many real Actions is of course put in by the Attorneys for the Plaintiffs or Demandants Tenants or Defendants but a Warant of Attorney to suffer a Common recovery by the Tenant or Vouchee is acknowledged before such persons as a Commission for the doing thereof directeth West Par. 2. Symb. tit Recoveries Sect. 1. F. See Atturney and Letter of Atturney Ward Sax. Æ¿eard i. Vigilia item Custos Has divers applications as a Ward in London Latined Warda which is a portion of the City committed to the special charge of one of the twenty-four Aldermen c. See Stows Survey Secondly A Forest is divided into Wards Manwood par 1. pa. 97. Thirdly A Prison is also called a Ward Lastly The heir of the Kings Tenant holding by Knights-service or in Capite or of any common person by Knights-service was called a Ward during his nonage Anno 32 Hen. 8. ca. 46. But this last with the Court of Wards and all Wardships c. is taken away by the Stat. 12 Car. 2. ca. 24. Wards and Liveries Wardi liberatura Was a Court first erected in King Henry the Eighths time and afterwards augmented by Him with the Office of Liveries and therefore called by Him The Court of Wards and Liveries now taken away discharged by Stat. 12. Car. 2. ca. 24. Warrantia Chartae Is a Writ that lies properly for him who is enfeoffed in Lands or Tenements with Clause of Waranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to Waranty In which case his remedy is to take out this Writ against the Feoffor or his heir Reg. of Writs fo 157. Fitz. Nat. Br. fo 134. Fleta lib. 6. ca. 35. Warrantia diei Is a Writ lying in câ—se where a man having a day assigned personally to appear in Court to any Action wherein he is sued is in the mean time by Commandment employ'd in the Kings Service so that he cannot come at the day assign'd the Writ is directed to the Justices to this end that they neither take nor record him in defalt for that day Reg. of Writs fo 18. Fitz. Nat. Br fo 17. Glanvile lib. 1. ca. 8. Warrantia Custodiae Is a Writ judicial that lay for him who was challenged to be Ward to another in respect of Land said to be holden in Knights-service which when it was bought by the Wards Ancestors was Warranted to be free from such thraldome and it lay against the Warranter and his Heirs Reg. jud fo 36. But by the Statute 12 Car. 2. ca. 24. it is now become useless Wardage Wardagium Sed sint quieti de quolibet Theolonio Tallagio Passagio Pedagio Lastagio Hidagio Wardagio omnibus Geldis Fengeldis Horngeldis Forgeldis Penigeldis Tendpenigs Hunderpenigs Miskemelig Brenalpeninge Gritbbregs c. Carta Gilberti Tison summi Vexillatoris Angliae Sine Dat. It seems to be the same with Wardpeny which see Wardstaf Lambourn Mannor in Essex is held by Service of the Wardstaf viz. to carry a Load of Straw in a Cart with six Horses two Ropes two men in Harness to watch the said Wardstaf when it is brought to the Town of Aibridge c. Cam. tit Essex Wardfeoh or Wardfegh Sciant presentes futuri quod ego Henricus de la Morton dedi Rogero de Foresta Johannae uxori suae pro duodecim solidis sex denariis quae mihi dederunt prae manibus unam acram terrae meae de tribus selionibus c. Reddendo inde annuatim ad Festum Sancti Michaelis mihi heredibus meis unum denarium pro omni servitio herietto relevio warda regali servicio Wardfegh pro omnimoda secta Curiae meae heredum meorum assignatorum nostrorum pro omnibus consuetudinibus exactionibus c. Sinc dat It signify'd the value of a Ward or the money paid to the Lord for his redemption from Wardship Warden Gardianus Is all one with the Fr. Gardein and signifies him that has the keeping or charge of any person or thing by Office as Wardens of the Fellowships in London Anno 14 Hen. 8. ca. 2. Warden-Courts 31 Hen. 6. ca. 3. Warden of the Marches 4 Hen. 7. ca. 8. Wardens and Communalty of the lands contributory to Rochester-Bridge 18 Eliz. ca. 7. Wardens of Peace 2 Ed. 3. ca. 3. Stat. Northampton Warden of the West-Marches Cam. Brit. pa. 606. Warden of the Forest Manwood Par. 1. pa. 42. 111. Warden of the Aulnage 18 Hen. 6. ca. 16. Warden of the Kings Wardrobe 51 Hen 3. Stat. 5. Wardens of the Tables of the Kings Exchange 9 Edw. 3. Stat. 2. ca. 7. 9 Hen. 5. Stat. 2. ca. 4. Wardens of the Rolls of the Chancery 1 Ed. 4. ca. 1. 5. Warden or Clerk of the Hanaper of the Chancery ibidem Warden of the Kings Writs and Records of his Common Bench ibidem Warden of the Kings Armour in the Tower 1 Ed. 4. ca. 1. Warden of the House of Converts 12 Car. 2. ca. 30. Warden of the Stanneries 14 Car. 2. ca. 3. See Gardian Wardmote Wardemotus Is a Court kept in every Ward in London Anno 32 Hen. 8. ca. 17. ordinarily call'd among them the VVardmote Court vide Cart. Hen. 2. de libertatibus London where there are 26 VVards which are as Hundreds and the Parishes as Towns 4 Inst fo 249. Wardpeny alias Warpen Warthpeny Denarii vicecomiti vel aliis Castellanis persoluti ob castrorum praesidium vel excubias agendas Concedo etiam eidem Ecclesiae leugam circumquaque adjacentem liberam quietam ab omni geldo secto Hidagio danegeldo opere pontium Castellorum parcorum omnibus auxiliis placitis querelis siris Hundredis cum saca soca Thol Theam Infangtheof Warpeny Lestage Hamsocne forstal Blodwite c. Chart. Gul. Conq. Ecclesiae S. Martini de Bello Retinui vero mihi haeredibus meis Wartpeny Peterspeny de praedicta terra Carta Bertram de Verdon penes W. Dugdale Ar. Wardwite Significat quietantiam misericordiae in casu quo non invenerit quis hominem ad Wardam faciendam in castra vel alibi Fleta lib. 1. ca. 47. Immunitas a praesidiis faciendis vel ab eorum