the end of the Sute and all that the Kings Writ commands to be done The other Writ with a Quousque is tending to an end but not final as in the Case of Capias ad Satisfaciendum c. which is not final but the Body of the party is to be taken to the intent to satisfie the Demandant and his imprisonment is not absolute but until he satisfie Idem ibid. Executor Executor Is he that is appointed by any Mans last Will and Testament to have the Execution thereof and the disposing of all the Testators substance according to the tenor of the Will See the Duty of Executors a Book so entituled Executor de son tort Or of his own wrong is he that takes upon him the Office of an Execator by intrusion not being so constituted by the Testator or deceased nor for want of such Constitution constituted by the Ordinary to administer How far he shall be liable to Creditors see 43 Eliz. cap. 8. Dyer 166. and the Duty of Executors cap. 14. Exemplification of Letters Patent An. 13 Eliz. cap. 6. Is a copy or example of Letters Patent made from the Inrollment thereof and sealed with the Great Seal of England which Exemplifications are as effectual to be shewed or pleaded as the Letters Patent themselves Nothing but matter of Record ought to be exemplified 3 Inst fol. 173. See Pages Case 5 Rep. Exemplificatione Is a Writ granted for the Exemplification of an Original See Reg. of Writs fol. 290. Ex gravi Querela Is a Writ that lies for him to whom any Lands or Tenements in Fee within a City Town or Borough wherein Lands are devisable are devised by Will and the Heir of the Devisor enters and detains them from him Reg. of Writs fol. 244. Old Nat. Br. fol. 87. See Fitz. Nat. Br. fol 198. L. Exhibit Exhibitum When any Deed Acquittance or other writing is in a sute in Chancery exhibited to be proved by Witnesses and the Examiner certifies on the back of it that the Deed was shewed to such a one at the time of his Examination this is there called an Exhibit The word is mentioned Anno 14 Car. 2. cap. 14. Exigendaries of the Common Bench Exigendarii de Banco Communi Are otherwise 10 Hen. 6. cap. 4. called Exigenters which Vide. Exigent Exigenda Is a Writ that lies where the Defendant in an Action Personal cannot be found nor any thing of his within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlary This Writ also lies in an Indictment of Felony where the party indicted cannot be found Smith de Repub. Angl. lib. 2. cap. 19. It is called an Exigent because it exacteth the party that is requires his appearance or forth-coming to answer the Law for if he come not at the last days Proclamation he is said to be Quinquies Exactus and then is Outlawed Cromp. Jurisd fol. 188. See the New Book of Entries verbo Exigent Exigenters Exigendarii Are four Officers of the Court of Common Pleas who make aâ—l Exigents and Proclamations in all Actions wherein Process of Outlary lies and Writs of Supersedeas as well as the Pronotaries upon such Exigents as were made in their Offices 18 Hen. 6. cap. 9. But the making the Writs of Supersedeas is since taken from them by an Officer in the Court of Common Pleas erected by King James by his Letters Patent in the later end of His Reign Ex mero motu Lat. Are formal words used in the Kings Charters and Letters Patent signifying that he does what is contained therein Of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to Bar all Exceptions that might be taken to the Instrument wherein they are contained by alleaging that the Prince in passing such a Charter was abused by salse suggestion Kitchin fol. 352. Ex Officio By vertue of a Branch of the Stat. 1 Eliz. cap. 1. the Queen by Her Letters Patent might authorise any person or persons c. To administer an Oath Ex Officio whereby the supposed Delinquent was compelled to confess accuse or purge himself of any criminal matter and thereby be made liable to censure or punishment c. The Branch of which Statute relating to the said Oath is repealed 17 Car. 1. cap. 11. Exoneratione Sectae Was a Writ that lay for the Kings Ward to be disburdened of all sute c. to the County Hundred Leet or Court Baron during the time of his Wardship Fitz. Nat. Br. fol. 158. Ex Parte Lat. Partly or of one part In the Court of Chancery it hath this signification A Joynt-Commission is that wherein both Plaintiff and Defendant joyn A Commission Ex parte is that which is taken out and executed by one Party onely Ex parte talis Is a Writ that lies for a Bailiff or Receiver who having Auditors assigned to hear his account cannot obtain of them reasonable allowance but is cast into Prison by them Fitz. Nat. Br. fol. 129. The manner in this Case is to take this Writ out of the Chancery directed to the Sheriff to take four Mainpernors to bring his Body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time Expectant Used with this word Fee differs from Fee-simple For example Lands are given to a Man and his Wife in Frank-Marriage To hold to them and their Heirs In this case they have Fee-simple Bat if it be given to them and the heires of their body c. they have Taile and Fee-expectant Kitchin fol. 153. Explees See Esplees Expeditate Expeditare vel expaaltare In the Forest Laws signifies to cut out the Balâ— of great Dogs fore-feet for preservation of the Kings Game Every one that keeps any great Dogs not expeditated forfeits three shillings to the King The Ball of the foot of Mastists is not to be cut off but the three Claws of the fore-foot to the skin 4 Part. Inst fol. 308. Nullus Dominicos canes Abbatis Monachorum expaaltari cogat Charta Hen. 3. Abbati de Rading sint quieti de espeditamentis canum Ex magno Rot. Pipae de Anno 9 Ed. 2. Expenditors Anno 37 Hen. 8. ca. 11. Seems to signifie those that pay disburse or expend the Tax in the said Statute mentioned Anno 7 Jac. ca. 20. Paymasters Expensis militum levandis Is a Writ directed to the Sheriff for levying allowance for the Knights of the Parliament Reg. of Writs fol. 191. b. Explorator A Scout In memoriam Henrici Croft Equitis aurati Exploratoris in Hibernia generaliâ— qui obiit Anno 1609. Scoutmaster-general Also a Huntsman or Chaser Idem Abbas habens Exploratores suos statim ponere fecit retia c. In Itin. Pickering 8 Ed. 3. Rot. 4. Extend Extendere To value
both before and after Coke on Litâ—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-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
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple fee-Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Poll which names arise from the form or fashion of them the one being cut in and out in the top or side which we call Indented the other being plain A Deed Indented is a Deed consisting of two parts or more for there are Tripartite and Quadripartite Deeds in which it is expressed That the parties thereto have to every part thereof interchangably set their several Seals The cause of their Indenting is that it may appear they belong to one business or contract A Deed Poll or polled anciently called Charta de una parte is a plain Deed without Indenting as if we should say The Indenting is polled or cut off and is used when the Vendor for example onely Seals and there is no need of the Vendees sealing a Counterpart by reason the nature of the Contract is such as it requires no Covenant from the Vendee unless in such case the Vendor will out of caution or curiosity have a Counterpart to see upon any occasion what Covenants himself hath given See Coke on Littl. fol. 35. b. Déemsters or Demsters from the Saxon dema i. a Judge or Umpire All Controversies in the Isle of Man are decided without Process Writings or any Charges by certain Judges whom they chuse from among themselves and call Déemsters Camd. Brit. tit British Islands Deer-Hays Are Engins or great Nets made of Cords to catch Deer Anno 19 Hen. 7. cap. 11. De essendo quietum de Tolonio Is a Writ that lies for those who are by priviledge freed from the payment of Toll which read at large in Fitz. Nat. Br. fol. 226. De expensis militum Is a Writ commanding the Sheriff to levy four shillings per diem for the expences of a Knight of the Shire And a like Writ De expensis Civium Burgensium to levy two shillings per diem for every Citizen and Burgess of Parliament 4 Inst fol. 46. De facto Anno 12 Car. 2. cap. 30. Which is actually done done indeed Default Fr. Defaut Is an Offence in omitting that which we ought to do Of this Bracton hath a whole Tract lib. 5. tract 3. By whom it appears that Default is most notoriously taken for non-appearance in Court at a day assigned Of this you may also read Fleta lib. 6. cap. 14. and Coke on Littl. fol. 259. b. Defeizance of the Fr. Desfaire i. to undo or defeat Signifies a Condition relating to a Deed as to a Recognizance or Statute which being performed by the Recognizor the Deed is disabled and made void as if it never had been done The difference between a Proviso or Condition in Deed and a Defeizance is That those are inserted in the Deed or Grant this is usually in a Deed by it self Of which you may read West at large Par. 1. Symb. lib. 2. sect 156. Defend Fr. Defendre Signifies in our ancient Laws and Statutes to prohibit or forbid As Usuarios defendit quoque Rex Edwardus ne remanerent in Regno LL. Ed. Conf. cap. 37. 5 Rich. 2. cap. 7. Of which thus Chaucer Where can you say in any manner age That ever God defended Marriage And in 7 Edw. 1. we have a Statute entituled Statutum de defensione portandi arma c. It is defended by Law to Distrain in the Highway Coke on Littl. fol. 161. To this day in divers parts of England we say God defend instead of God forbid And the Fench Moneth is more truly called the Defence Moneth i. the Forbidden Moneth See Fench Moneth Defendant Defendens Is he that is sued in an Action Personal as Tenant is he who is sued in an Action Real See Impediens Defendemus Is a word used in Feofments and Donations and hath this force that it binds the Donor and his Heirs to defend the Donce if any Man go about to lay any servitude on the thing given other then is contained in the Donation Bracton lib. 2. cap. 16. num 10. See Warranty Defender of the Faith Defensor fidei Is a peculiar title given to the Kings of England by the Pope as Catholicus to the King of Spain Christianissimus to the King of France and Advocatus Ecclesiae to the Emperor Which title was given by Pope Leo the Tenth to King Henry the Eighth for writing against Martin Luther in behalf of the Church of Rome and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth fol. 105. Deforcement Deforciamentum Matth. Paris fol. 422. Quicunque deforciaverit eis dotem de ipso deforciamento convicti fuerit id est Per vim abstulerit A withholding Lands or Tenements by force from the right owner See Deforceor and Coke on Littl. fol. 331. b. Deforciant Anno 23 Eliz. cap. 3. The same with Deforceor Deforceor Deforciator of the Fr. Forceur i. expugnator Is one that overcomes and casts out by force and differs from Disseisor First in this because a Man may disseise another without force which is called Simple Disseisin Britton cap. 53. Next because a Man may deforce another that never was in possession For example if more have right to Lands as Common Heirs and one entring keeps out the rest the Law says He deforceth them though he do not disseise them Old Nat. Br. fol. 118. And Littleton cap. Discontinuance fol. 117. says He who is inseoffed by the Tenant in Tail and put in Possession by keeping out the Heir of him in Reversion being dead doth deforce him though he did not disseise him because he entered when the Tenant in Tail was living and the Heir had no present right A Deforceor differs from an Intruder because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Possessor And a Deforceor is he that holds out the right Heir as abovesaid Bracton lib. 4. cap. 1. Degrading See Disgrading Delegates Anno 25 Hen. 8. cap. 19. Are Commissioners so called because delegated or appointed by the Kings Commission under the Great Seal to sit upon an Appeal to the King in the Court of Chancery in three Cases First When a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly When any Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When a Sentence is given in the Admiral Court in Sutes Civil and Marine by order of the Civil Law 4 Part. Inst fol. 339. Anno 8 Eliz. cap. 5 Deliverance See Replegiare Delf from the Sax. delfan to dig or delve Is a Quarry or Mine where Stone or Coal is dug Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth there is mention of a Mine or Delf of Copper Camd. Demain or Demesn Dominicum Gallis Domanium Italis Demanium Accipitur multipliciter says Bracton Est autem Dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands Anglicè i. Dominicum ad mensam Item dicitur Dominicum
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
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
or put by the thing in question Bracton lib. 4. Tract 3. ca. 5. has these words Et non permittas quod A capitalis Dominus Feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So does Kitchin use it fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat. 5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudicatus with Authors of other Nations signifies as much as banished or as Deportatus in the ancient Roman-Law as appears by Vincentius de franchis Descis 102. Forjudged the Court Is when an Officer of any Court is banished or expeld the same for some offence or for not appearing to an Action by Bill filed against him and in the later he is not to be admitted to Officiate till he shall appear to the Bill Anno 2 Hen. 4. ca. 8. He shall lose his Office and be forjudged the Court c. Forjudicare interdum est male judicare Spel. Forfang Forefeng A Sax. fore ante fangen prendere est captio obsoniorum quae in foris aut nundinis ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria Antecaptio Et sint quieti de Wardwite de utlewe Forvenge Withfange c. Carta Hen. 1. Hosp Sancti Barth Lond. An. 1133. Forfeiture Forisfactura comes of the French Forfact i. Scelus but signifies with us rather the effect of transgressing a Penal Law then the transgression it self as forfeiture of Escheats Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus Goods confiscated and goods forfcited differ Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner who has committed some offence whereby he loseth his Goods Confiscate are those that are disavowed by an Offender as not his own nor claimed by any other But Forfeiture is rather more general and Confiscation particular to such as forfeit onely to the Princes Exchequer Full forfeiture plena forisfactura otherwise called plenawita Is a forfeiture of life and member and all else that a man hath Manwood Part. 1. pa. 341. Forfeiture of Marriage Foris factura Maritagii Is a Writ which lay against him who holding by Knights-service and being under age and unmarried refused her whom the Lord offer'd him without his disparagement and married another Fitz. Nat. Br. fol. 141. Reg. of Writs fol. 163. b. Forfeng forefeng Forbenge Quietantiam prioris prisae designat In hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt Fleta lib. 1. ca. 47. See Forfang Forger of false Deeds from the French Forger i. To beat on an Anvil or bring into shape Signifies either him that fraudulently makes and publishes false Writings to the prejudice of any mans right or else the Writ that lies against him who commits this offence Fitz. Nat. Br. fol. 96. b. sayes That a Writ of Deceit lies against him who commits this offence and the penalty of it is declared in the Stat. 5 Eliz. ca. 14. Forlandum Et de duobus Forlandis xvi denarios sc de Forlando Johannis Wauker quod jacet ante terram Ecclesiae viii denarios Mon. Angl. 2 Part. fo 332. Formdon Breve de forma donationis Is a Writ that lies for him who has right to any Lands or Tenements by vertue of any Intail growing from the Stat. of Westm 2. ca. 1. There are three kinds of it viz. Forma Donationis or Formdon in the Descender Formdon in the Reverter and Formdon in the Remainder Formdon in the Descender lies for the recovery of Lands c. given to one and the heirs of his body or to a Man and his Wife and the heirs of their two bodies or to a Man and his Wife being Cosin to the Donor in Frank-Marriage and afterwards alienated by the Donee For after his decease his heir shall have this Writ against the Tenant or Alienee Fitz. Nat. Br. fo 211 217. and 214. makes three sorts of this Formdon in the Descender The first is in the manner now express'd The second for the heir of a Co-parcener that aliens and dies The third he calls Insimul tenuit which lies for a Co-parcner or heir in Gavelkind before partition against him to whom the other Co-parcner or heir has alienated and is dead Formdon in the Reverter lies for the Donor or his heirs where Land is entailed to certain persons and their Issue with condition for want of such issue to revert to the Donor and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Formdon in the Remainder lies where a Man gives Lands in Tayle the Remainder to another in Tayle and afterwards the former Tenant in Tayl dies without issue of his body and a stranger abates then he in Remainder shall have this Writ Reg. of Writs fol. 238. 242. Of this see also the New Book of Entries verbo Formdon and Coke on Litt. fol. 326. b. Fornagium Fr. Fournage Et Dominus Rex proinde amittit per an de exitibus Fornagii sui x. libras Pl. coram Rege ejus Concil in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Tenants bound to Bake in his common Oven as is usual in the North of England or for a permission to use their own also Chimney-Money or Harth-silver See Furnage Fornication Fornicatio Anno 1 Hen. 7. ca. 4. Whoredom the Act of Incontinency in single persons for if either party be Married it is Adultery The first offence herein was punish'd with three Moneths Imprisonment the second was made Felony by a Rump-Act Scobels Collection Anno 1650 ca. 10. SUffex Praeceptum est Vic. quod venire faciat Juratores qui in Assisa Nov. Disseisinae dubium fecerunt Sacramentum tangen quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae non dixerint esse haeredem Et in eo quod dixerint quod Matilda quae fuit mater Agnetae fuit uxor dicti Simonis non dixerunt utrum Patria habebat eam ut uxorem ejus Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Matildam ut uxorem suam dicunt quod nunquam dictam Matildam matrem dictae Agnetae desponsavit Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda per quod compellebatur unum de tribus facere uxorem vel ipsam affidare vel vitam suam amittere vel ipsam Matildam retro osculare ita quod ipse Simon ibidem dedit fidem suam praedictae Matildae matri praedictae Agnetae quod ipsam desponsare debuit sed ipsam nunquam alio modo desponsavit c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit seisin de 1 Messuag c. in
it is arbitrary Fresh fine Is that which was levied within a year past Westm 2. ca. 45. Anno 13 Edw. 1. Fresh force Frisca fortia Is a force done within fourty dayes Fitz. Nat. Br. fol. 7. For if a man be Disseis'd of any Lands or Tenements within any City or Borough or deforced from them after the death of his Ancestor to whom he is heir or after the death of his Tenant for Life or in Tayl he may within fourty dayes after his title accrued have his remedy by an Assise or Bill of Fresh force See Old Nat. Br. fol. 4. a. Fresh sute Recens insecutio Is such a present and active following an Offender as never ceases from the time of the Offence committed or discover'd until he be apprehended And the benefit of the pursute of a Felon is That the party pursuing shall have his Goods restored him whereas otherwise they are the Kings of this see Stamf. Pl. Cor. lib. 3. ca. 10 and 12. where you shall find what sute is to be accounted fresh and what not The same Author lib. 1. ca. 27. saith that fresh sute may continue for seven years See Cokes Reports lib. 3. Rigeways Case Fresh sute is either within the view or without For Manwood sayes That upon fresh sute within the view trespassers in the Forest may be attached by the Officers pursuing them though without the limits of the Forest pa. 2. ca. 19. num 4. Friar or Frier Lat. Frater Fr. Frere i. A Brother an Order of Religious persons of which these are reckoned the principal Branches Anno 4 H. 4. ca. 17. viz. Minors Grey-Friers or Franciscans Augustins Dominicans or Black-Friers and White-Friers or Carmelites from which the rest descend See Zecchius de Repub. Eccles p. 380 and Linwood tit de relig Domibus c. 1. verbo Sancti Augustini Friburgh alias Frithborg from the Sax. frith i. Pax. and borge i. Fidejussor Is the same with Francpledge the one being in use in the Saxons time the other since the Conquest wherefore for the understanding this read Frankpledge and the Laws of King Edward set out by Lambert fol. 232. in these words Praeterea est quaedam summa maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freoborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum c. Bracton mentions Fridburgum lib. 3. Tract 2. ca. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes Armigeros c. Dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos armigeros alios sibi servientes quod si cui forisfecerint ipsi Domini sui habeant eos ad rectum si non habuerint solvant pro eis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastis Where we learn the reason why Great Men were not combined in any ordinary Dozein because they were a sufficient assurance for themselves and for their menial servants no less then the ten were one for another in ordinary Dozeins See Skone verbo Freiborgh Fleta writes it Frithborgh and useth it for the principal man or at least for one of the Dozein lib. 1. ca. 47. See Hoveden parte poster Annal. in Hen. 2. fol. 345. But Spelman makes a difference between Friborg and Frithborg saying The first signifies libera securitas or fidejussio the other pacis securitas Fridstoll et Frithflow from the Sax. frith pax stol sedes cathedra stow locus A Seat Chair or place of Peace In the Charter of Immunities granted to the Church of St. Peter in York confirmed Anno 5 Hen. 7. Fridstol is expounded Cathedra quictudinis pacis Of these there were many others in England but the most famous at Beverley which had this Inscription Haec sedes lapidea Freedstoll dicitur i. Pacis Cathedra ad quam reus fugiendo perveniens omnimodam habet securitatem Camd. Frier observant Frater observans Is a branch of the Franciscans which are Minores tam observantes quam conventuales Capuchini These we find spoken of An. 25 Hen. 8. ca. 12. who are called Observants because they are not combined together in any Cloister Covent or Corporation as the Conventuals are but onely by themselves to observe the Rules of their Order and more strictly then the Conventuals do and upon a singularity of zeal separate themselves from them living in certain places of their own chusing of whom you may read Hospinian de Orig. progress Monachatus ca. 38. fol. 878. Friperer Fr. Fripier i. Interpolator One that furbushes and scowers up old Apparel to sell again It is used for a bastardly kind of Broaker Anno 1 Jac. ca. 21. Frithbrech Sax. Pacis violatio LL. Ethelredi ca. 6. See Frythe Frithburgh See Friburgh Frithmote Per Frithmote Jo. Stanley Ar. clamat capere annuatim de villa de Olton quae est infra Feodum Manerium de Aldford infra Forestam de la Mara x. sol quos Comites Cestriae ante confectionem Cartae praedictae solebant capere Pl. in Itin. apud Cestriam 14 Hen. 7. Frithsocne et Frithsoke frith i. Pax. socne Libertas Tuendae pacis jurisdictio or according to Fleta Libertas habendi franci plegii or immunitatis locus Froborg or Freoburgh from the Sax. freo i. Free and borge i. Fidejussor See Friburgh and Franc-pledge Frodmortel rectius Freomortel from the Sax. freo Free and Morþ doed Murder An Immunity or Freedom granted for Murder or Man-slaughter Carta Adelstani Regis Sancto Wilfrido de Rippon concessa Wyt all that es and es gan Yat ik King Adelstan As given al 's frelith as I may And to ye Capitel of Seint Wilfrai Of my free Devotion Yair pees at Rippon On ilke side the Kyrke a mile For all ilk deeds and ylke agyle And within yair Kyrke yate At ye stan yat Grithstole hate Within ye Kyrke dore and ya quare Pair have pees for les and mare Ilkan of yis stedes sal have pees Of Frodmortel and il deedes Yat yair don is Tol Tem With Iron and with Water deme And yat ye Land of Seint Wilfrai Of alkyn geld fre sal be ay At nai nan at langes me to In yair Herpsac sal haue at do And for ik will at yai be saue I will at yai alkyn fréedome haue And in all thinges be al 's frée As hert may thinke or eygh may sée At te power of a Kinge Masts make free any thynge And my seale haue I sat yerto For I will at no Man it undo Frumgyld Sax. Prima capitis aestimationis pensio vel solutio The first payment made to the
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or fee-Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. o◠Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
Conventus Nullum Swainmotum de caetero teneatur in Regno nostro nisi ter in Anno viz. In Principio quindecim dierum ante Festum Sancti Michael c. Circa Festum S. Martini initio quindecim dierum ante Festum Sancti Johannis Baptistae c. Charta de Foresta tam Regis Johan quam Hen. 3. cap. 9. See 4 Inst fol. 289. Swarff-money The Swarff-money is one penny half-penny it must be paid before the rising of the Sun the party must go thrice about the Cross and say the Swarff-money and then take witness and lay it in the hole and when ye have so done look well that your witness do not deceive you for if it be not paid ye give a great forfeiture xxx s. and a White Bull. This Exposition was found in an old MS. containing the Rents due to the Catesbies in Lodbroke and other places in Warwickshire But conceived to be mistaken for or to signifie the same with Warth-money See Ward-penny Swepage Coke on Littl. fol. 4. b. Is the crop of Hay got in a Meadow called also the Swepe in some parts of England Swoling or Suling of Land Sulinga Solinga vel Swolinga terrae Sax. Sulung from sul vel sulh i. Aratrum as to this day in our Western Parts a Plough is called a Sul and a Plough-staff a Sul-paddle Is the same with Carucata terrae that is as much as one Plough can Till in a year a Hide of Land others say it is Quantitas incerta Dedit ctiam idem inclitus Rex Willielmus Conquestor cidem Ecclesiae de Bello in Cantia Regale Manerium quod vocatur Wy cum omnibus appendiciis suis septem Swolingarum id est Hidarum ex sua Dominica Corona cum omnibus libertatibus regalibus consuetudinibus c. Rentale MS. de Wy tempore Ven. Patr. Tho. Ludlowe Abbatis fol. 1. Terram trium aratrorum quam Cantiani Anglice dicunt Thrée Swolings Carta pervetusta Eccles Cantuar. de qua vide Somneâ—rum in Antiquitat loci pag. 211. Syb and Som Sax. Pax securitas Eallum Cristenum Mannum syb som gemene id est Omnibus Christianis Pax securitas communis esto LL. Eccles Canuti Regis cap. 17. Sylva Caedua Lat. Wood under Twenty years growth Coppice-wood See the Stat. 45 Edw. 3. cap. 3. It is otherwise called Subbois 2 Inst fol. 642. Synod Synodus A Meeting or Assembly of Ecclesiastical Persons for the Cause of Religion of which there are four kindes 1. A General Occumenical or Universal Synod or Council where Bishops c. of all Nations meet 2. National Synod where those of one onely Nation meet 3. A Provincial Synod where Ecclesiastical Persons of one onely Province meet 4. Diocesan Synod where those of but one Diocess meet See Convocation Which is the same thing with a Synod this being a Greek that a Latin word Synodal Synodale Is a Cense or Tribute in Money paid to the Bishop or Arch-deacon by the Inferior Clergy at Easter Visitation and it is called Synodale or Synodaticum Quia in Synodo frequentius dabatur The Impropriation of Derehurt in Com. Gloc. pays yearly vii s. ix d. Pro Synodalibus Procurationibus Pat. 20 July 34 Hen. 8. Et quod sint quieti a Synodalibus ab omni Episcopali consuetudine excepto denario Beati Petri. Mon. Angl. 2 Par. fol. 276. b. See Historical Discourse of Procurations and Synodals pag. 66. 98. These are called otherwise Synodies in the Statute of 34 Hen. 8. cap. 16. Yet in the Statute of 25 Hen. 8. cap. 19. Synodals Provincial seem to signifie the Canons or Constitutions of a Provincial Synod And sometimes Synodale is used for the Synod it self T. T. Every Person convict of any other Felony save Murder and admitted to the benefit of his Clergy shall be marked with a T. upon the Brawn of the Left Thumb Anno 4 Hen. 7. cap. 13. Tabellion Tabellio A Notary Publick or Serivener allowed by Authority to Engross and Register private Contracts and Obligations His Office in some Countreys did formerly differ from that of Notary but now they are grown or made one Quoniam Tabellionum usus in Regno Angliae non habetur propter quod magis ad Sigilla authentica credi est necesse ut eorum copia facilius habeatur statuimus ut Sigillum habeant non solum Archiepiscopi Episcopi sed eorum Officiales Matth. Paris fol. 454. de Anno 1236. Tabling of Fines Is the making a Table for every County where His Majesties Writ runs containing the Contents of every Fine passed in any one Term as the name of the County Towns and places wherein the Lands or Tenements lie the name of the Demandant and Deforceant and of every Mannor named in the Fine This is properly to be done by the Chirographer of Fines of the Common Pleas who every day of the next Term after the ingrossing any such Fine does fix every of the said Tables in some open place of the said Court during its sitting And the said Chirographer is to deliver to the Sheriff of every County his Under-Sheriff or Deputy fair written in Parchment a perfect content of the Table so made for that Shire in the Term next before the Assizes or else between the Term and the Assizes to be set up every day of the next Assizes in some open place of the Court where the Justices sit to continue there so long as they shall sit c. If either the Chirographer or Sheriff fail herein he forfeits 5 l. And the Chirographers Fee for every such Tabling is 4 d. Anno 23 Eliz. cap. 3. Tail Fr. Taille i. Sectura Signisies two things grounded upon one reason Plowden Casu Willion fol. 251. First it is used for the Fee which is opposite to Fee-simple by reason it is so minced as it were or pared that it is not in the owners free power to dispose but is by the first giver cut or divided from all others and tied to the issue of the Donee Coke lib. 4. in Proamio And this limitation or Tail is either General or Special Tail General Is that whereby Lands or Tenements are limited to a Man and to the Heirs of his Body begotten and it is General because how many Women soever the Tenant holding by this title shall take to his Wives one after another his issue by them all have a possibility to inherit one after another Tail Special Is that whereby Lands or Tenements are limited to a Man and his Wife and the Heirs of their two bodies begotten because if the Man bury his Wife before issue and take another the issue by his second Wife cannot inherit the Land Also if Land be given to A. and his Wife B. and to their Son C. for ever this is Tail Special See Fee and Littl. lib. 1. cap. 2. and New Book of Entries â—erbo Tail Tail in the other signification is that we vulgarly call a Talley For Une
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
Portion See Gerard du Heylan Spel. Glossar in voce Appennagium Appertinances pertinentia Are things both Corporal belonging to another thing as to the more principal as Hamlets to a cheif Mannor Common of Pasture Turbary Piscary and such like and Incorporeal as Liberties and Services of Tenants Brit. cap. 39. Where it may be observed That he accounts Common of Pasture Turbary and Piscary to be things Corporal See Common Apportionment apportionamentum Is a dividing of a Rent into parts according as the Land whence the whole Rent issues is divided among two or more As if a Man have a Rent-service issuing out of Land and he purchaseth part of the Land the Rent shall be apportioned according to the value of the Land So if a Man let Lands for years reserving Rent and after a stranger recovers part of the Land the Rent shall be apportioned But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land by service to pay to his Lord yearly at such a Feast a Horse or Rose there if the Lord purchase part of the Land this service is totally extinct because such things cannot be divided without hurt to the whole Yet in some Cases a Rent-charge shall be apportioned as if a Man hath a Rent-charge issuing out of Land and his Father purchaseth part of the Land charged in Fee and dies and this parcel descends to his Son who hath the Rent-charge there this Charge shall be apportioned according to the value of the Land because such portion of the Land purchased by the Father comes not to the Son by his own Act but by descent and course of Law Common Appendant is of common right and severable and though the Commoner in such case purchase parcel of the Land wherein the Common is Appendant yet the Common shall be apportioned But in this case Common Appurtenant and not Appendant by such Purchase is extinct Coke lib. 8. fol. 79. Apposer See Forein Apposer Apprendre Fr. As Fee or Profit Apprendre Anno 2 3 Edw. 6. cap. 8. Fee or Profit to be taken or received Apprentice Fr. apprenti and that from apprendre to learn whence their apprentisage and our apprentiship Is one that is bound by Covenant to serve a Tradesman or Artificer a certain time for the most part seven years upon condition That the Master shall during that time instruct him in his Art or Mystery Sir Tho. Smith in his Rep. Angl. lib. 3. cap. 8. says They are a kinde of Bondmen differing onely in that they are servants by Covenant and for a time Anciently Barrasters were called Apprentices of the Law As appears by Mr. Seldens Notes upon Fortescu p. 3. So the Learned Plowden stiled himself Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley and Sir Edward Coke in his 2 Part. Instit fol. 564. says Apprenticii Legis in pleading are called Homines consiliarii in Lege periti And in another place Apprentices and other Counsellors of Law Appropriation appropriatio from the Fr. approprier i. aptare accomodare Signifies the severing of a Benefice Ecclesiastical which originally and in nature is Juris Divini in Patrimonio nullius to the proper and perpetual use of some Religious House Bishoprick College c. So called because Parsons not being ordinarily accounted Domini but usufructarii having no right of Fee-simple are by reason of their perpetuity accounted owners of the Fee-simple and therefore called Proprietarii Before the time of Richard the Second it was lawful as it seems to appropriate the whole Fruits of a Benefice to an Abbey or Priory they finding one to serve the Cure But that King ordained That in every Licence of Appropriation made in Chancery it should expresly be contained That the Diocesan of the place should provide a convenient sum of money to be yearly paid out of the Fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed Anno 15 Rich. 2. cap. 6. To make an Appropriation after Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full if it be void the Diocesan and the Patron upon the Kings Licence may conclude it Plowden in Grendons Case fol. 496. To dissolve an Appropriation it is enough to present a Clerk to the Bishop and he to institute and induct him For that once done the Benefice returns to the former nature Fitz. Nat. Br. 35. and Coke lib. 7. fol. 13. Approvement Anno 43 Eliz. cap. 11. Is the same with improvement but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor leaving sufficient nevertheless for the Commoners Approver approbator Is one that confessing Felony committed by himself appeals or accuses others to be guilty of the same and is so called because he must prove that which he hath alleaged in his Appeal This Proof is by Battle or by the Countrey at his election that appealed The Form of this Accusation you may in part gather by Cromptons Justice of Peace fol. 250. 251. That it is done before the Coroner either assigned to the Felon by the Court to take and record what he saith or else calâ—ed by the Felon himself and required for the good of the Commonwealth to do so The Approvers Oath when he begins the Combat you may see in the last Page of Crompton as also the Proclamation by the Herauld Of the Antiquity of this Law read at large Bracton lib. 3. Tract 2. cap. 21. 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq And 3 Part. Instit fol. 129. See Prover Approvers of the King Approbatores Regis Are those that have the letting of the Kings Demeans in small Mannors to his best advantage Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers Approve approhare To augment or as it were to examine to the utmost For example To approve Land is to make the best benefit of it by increasing the Rent c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises are called their Approvers and by what follows you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales authorized by the Prince thereof Richard de Lyngein Emprover desuth Commission nostre tre dout Seigneur le Prince deins le Counte de Hereford le Marches adjoygnant a toutz y ceux qui cests Letters verront ou orront salutz Sachez moy aver grant a une Janin de Brompton loyal leige home nostre Seigneur le Roy a ses servants de vendre acheter bests berbez deins le Counte de Hereford le Marche adjoygnant sans empechement ou arrest de nulluy come loyal leige hommes a son propre use encrese sans refreshmente des Rebels de Gales
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. paâ—d to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
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. 〈◊〉 praedictâ— 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 Collationiâ— Was a Writ that â—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 Disâ—â—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 Haâ—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 Bagâ— 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 conveniâ— inter praedictum Robertum Johannem quod praedictus Johannes vendidit praedictâ— 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 sâ—â—undum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti
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 paâ—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 Oâ—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. Jusâ— 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 convicâ— 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 Juâ—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 Proloâ—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. Caâ—â—â—ceners Farticipâ—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 〈…〉 Bractoâ— lib. 2. cap. 30. Parceâ—â—rs by Custâ—â— are those who by custom of the Country challenge equal part in such Lands as in Kent by â—â—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
other keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causeth the Proclamations to be endorsed when they are proclaimed In the Court of Kings Bench there is likewise a Custos brevium Rotulorum who fileth such Writs as are there used to be filed and all Warrants of Attorney and transcribeth or maketh out the Records of Nisi Prius c. Custos placitorum Coronae Bracton lib. 2. cap. 5. Seems to be all one with him whom we now call Custos Rotulorum Of which I finde mention in the Writ De Odio atia Reg. of Writs fol. 133. b. Custos Rotulorum Is he who hath the custody of the Rolls or Records of the Sessions of Peace and of the Commission of the Peace it self He is always a Justice of Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Judge because the Commission of the Peace by express words lays this special charge upon him Quod ad dies loca praedicta Brevia Praecepta Processus Indictamenta praedicta coram te dictis sociis tuis venire facias Lamb. Eiren. lib. 4. cap. 3. pag. 373. where you may read more touching this Office Who shall appoint the Custos Rotulorum in every County See 37 Hen. 8. cap. 1. and 3 4 Edw. 6. cap. 1. 2 Inst fol. 674. Custos of the Spiritualties oustos spiritualitatis vel spiritualium Is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Diocess during the vacancy of the Sea the appointment of whom by the Canon Law appertains to the Dean and Chapter But with us in England to the Archbishop of the Province by Prescription Howbeit divers Deans and Chapters if Gwin say true in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cutter of the Talleys Is an Officer in the Exchequer that provides Wood for the Talleys and cuts the sum paid upon them and then casts the same into the Court to be written upon Cyricsceat Sax. Vectigal Ecclesiae Primitias seminum quisque ex eo dato Domicilio in quo ipso natali die domini commoratur Spelm. de Concil vol. 1. fol. 125. See Churchesset D. DAkir According to the Stat. 51. Hen. 3. De Compositione ponderum Mensurarum A Last of Hides consists of Twenty Dakirs and every Dakir of Ten Hides But by 1 Jac. cap. 33. or Last of Hides or Skins is Twelve dozen I have also read of a Dakir of Iron but finde not its quantity Damage Lat. Damnatio Fr. Dommage Signifies generally any hurt or hindrance that a Man receives in his Estate but particularly a part of that the Jurors are to enquire of when the Action be it real or personal passeth for the Plaintiff For after Verdict given of the principal cause they are asked their Consciences touching Costs which are the charges of Sute called by the Civilians Expensae litis and Damages which comprehend a recompence for what the Plaintiff or Demandant hath suffered by means of the wrong done him by the the Defendant or Tenant Coke on Littl. fol. 257. Damage Cléer Damna Clericorum Is now assessed by the Tenth part in the Common Pleas and the Twentieth part in the Kings Bench and Exchequer of all Damages exceeding Five Marks recovered either by Verdict Confession or Judgment of the Court in all Actions upon the Case Covenant Trespass Battery False imprisonment Dower and all others wherein the Damages are incertain which the Plaintiff must pay to the Prothonotary or chief Officer of that Court wherein they are recovered before he shall have any Execution for them For example If one lends another on his word or note under hand One hundred pound or sells commodity to that value the Lender or Seller is forced to sue in an Action of the Case recovers must pay Ten pound if in the Common Pleas and Five pound in the Kings Bench or Exchequer and so proportionably for a greater or lesser sum before he can have Execution This was originally no other then a gratuity given the Prothonotaries and their Clerks for drawing special Writs and Pleadings which afterwards grew to a certainty and was not as some have fancied anciently a Tenth part of the Damages recovered For it doth appear by ancient Records that it hath been at an incertain rate sometimes a Sixth and at other times a Third part This by Act of Parliament 17 Car. 2. cap. 6. is taken away from and after the 29 of September 1672. And till that time and no longer Damage Cleer shall be paid out of such Moneys onely as shall be actually levied or otherwise paid by the Defendants and onely for the proportion of the Money which shall be so levied or paid and no more or otherwise Damage Fesant Fr. Dammage Faisant i. Doing hurt or damage As when a strangers Beasts are doing hurt or spoil in the Grass Corn Woods c. of another Man without his leave or licence In which case the party whom they damage may therefore take distrain and impound them as well in the night as day But in other cases as for Rent Services and such like none may distrain in the night Stat. De Districtione Scaccarii Anno 51 Hen. 3. Danegelt Danegold or Dane-geld Gelt in Dutch signifies Money Was a Tribute laid upon our Ancestors of Two shillings for every Hide of Land through the Realm by the Danes who once mastered us in regard as they pretended of clearing the Seas of Pyrats which greatly annoyed our Coasts in those days Camd. Britan. 83. Stow in his Annals fol. 118. says This Tribute came to 40000 l. per annum and began in the time of King Etheldred who being much distressed by the continual invasion of the Danes to procure his Peace was compelled to charge his people with heavy payments For first he gave them at five several payments 113000 l. and afterwards 48000 l. yearly which was released by Edward the Confessor according to Ingulphus fol. 510. a. Others say it continued till Hen. 1. or K. Stephen See Hoveden par post Annal. fol. 344. a. Spelmans Glossarium and Seldens Marc clausum fol. 190. Et sint quieti de Lene Danegeld Gaywitte de omnibus aliis consuetudinibus c. Carta Hen. 7. Ballivis Burgens Mountgomer Danelage See Merchenlage Darrein Is a Corruption from the French Dernier i. Ultimus and we use it in the same sence as Darrein Continuance See Continuance Darrein Presentment ultima Presentatio See Assize of Darrein Presentment Datife or Dative Dativus That may be given or disposed of Whether a Prior shall be Datife and removable or perpetual shall be tryed by the Ordinary Anno 9 Rich. 2. ca. 4. Si Prior Datife removeable suffer eschape respondeat superior 45 Ed. 3. 9 10. Day Dies Is sometimes used for the Day of Appearance in Court either
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
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
the Lands or Tenements of one bound by Statute c. that has forfeited his Bond to such an indifferent rate as by the yearly rent the Creditor may in time be paid his Debt The course and circumstances of this see in Fitz. Nat. Br. fol. 131. Extendi facias Is ordinarily called a Writ of Extent whereby the value of Lands is commanded to be made and levied in divers cases which see in the Table of the Register of Writs Extent Extenta Sometimes signifies a Writ or Commission to the Sheriff for the valuing of Lands or Tenements Sometimes the Act of the Sheriff or other Commissioner upon this Writ Broke tit Extent fol. 313. An. 16 17 Car. 2. ca. 5. Extinguishment from Extinguo Signifies an effect of consolidation For example if a Man have a yearly rent due to him out of my Lands and afterwards purchase the same Lands now both the property and rent are consolidated or united in one possessor and therefore the rent is said to be extinguished So where a Man has a Lease for years and afterwards buys the property this is a consolidation of the property of the Fruit and an Extinguishment of the Lease And if there be Lord Mesn and Tenant and the Lord purchase the Tenancy then the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as rent-seck Terms ley Extirpatione Is a Writ judicial that lies against him who after a Verdict found against him for Land c. does maliciously overthrow any House or extirpate any Trees upon it And it is two-fold one ante judicium the other post judicium Reg. judicial fol. 13. 56. 58. Extortion Extortio Is an unlawful or violent wringing of Money or Money-worth from any Man For example if an Officer by terrifying another in his Office take more then his ordinary Fees or Duties he commits and is Inditeable of this offence To this in Wests Judgment may be refer'd the exaction of unlawful Usury winning by unlawful games and in one word all taking of more then is due by color or pretence of right as excessive Toll in Milners excessive prizes of Alc Bread Victuals Wares c. Part 2. Symb. tit Inditements Sect. 65. Manwood Part 1. pa. 216. sayes Extortion is colore Officii not virtute Officii Crompton in his Justice of Peace fol. 8. sayes to this effect Wrong done by any Man in properly a Trespass but excessive wrong is called Extortion and this is most properly in Sheriffs Mayors Bailiffs and other Officers whatsoever who by color of their Office work great oppression and wrong to the Kings Subjects in taking excessive Rewards or Fees for executing their Office In the same Author fol. 48. you may see great diversity of Cases touching Extortion See also 3 Part. Inst fol. 149. Extracts See Estreats Eyre See Eire Eyet Insuletta A little Island I have seen it corruptly written in some modern Conveyances Eyght F. F. He that shall maliciously strike any person with a Weapon in Church or Church-yard or draw any Weapon there with intent to strike shall have one of his Ears cut off and if he have no Ears then shall be marked on the Cheek with a hot Iron having the Letter F. whereby he may be known for a Fray-maker or Fighter Anno 5 6 Edw. 6. ca. 4. Fabrick-Lands Are lands given towards the maintenance rebuilding or repair of Cathedrals or other Churches and mentioned in the Act of Oblivion 12 Car. 2. ca. 8. In Antient time almost every one gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv'd In Dei nomine Amen Die veneris ante Festum Nativitatis Sancti Johannis Baptistae Anno Dom. 1423. Ego Ricardus Smyth de Bromyard condo Testamontum meum in hunc modum Inprimis lego animam meam Deo beatae Mariae omnibus Sanctis Corpusque meum sepeliendum in Cimiterio Beatae Edburgae de Bradway Item lego Fabricae Ecclesiae Cathedralis Hereford xii d. Item lego Fabricae Capella Beatae Mariae de Bromyard xl d. Item lego Fratribus de Woodhouse xx d. Residuum vero bonorum c. These Fabric-lands the Saxons called Tymber-londs Faculty Facultas As it is restrained from the Original and Active signification to a particular understanding in Law is used for a priviledge or especial power granted to a man by favour indulgence and dispensation to do that which by the Common-Law he cannot as to eat Flesh upon dayes prohibited to Marry without Banes first asked c. Anno 28 Hen. 8. ca. 16. The Court of Faculties belongs to the Archbishop of Canterbury and his Officer is called Magister ad facultates his power is to grant Dispensations as to Marry to eate Flesh on dayes prohibited the Son to succeed the Father in his Benefice one to have two or more Benefices incompatible c. This Authority was given by the Statute 25 Hen. 8. ca. 21. See 4 Part. Inst fol. 337. Faint alias Feint-Action Fr. feinct Is as much as Fained-Action that is such an Action as albeit the words of the Writ be true yet for certain causes he has no Title to recover thereby And a false action is where the words of the Writ are false Coke on Lit. fol. 361. yet sometimes they are confounded Faint-Pleader from the Fr. Feinte Falsus Signifies a false covenous or collusory manner of pleading to the deceit of a third party 34 35 Hen. 8. ca. 24. Fair-pleading See Beaupleder Faitours a French word antiquated or somewhat traduced for the modern French is Faiseur i. Factor Is used in the Stat. 7 R 2. ca. 5. in the evil part signifying a bad Doer or it may not improbably be interpreted an idle Liver taken from faitardise which signifies a kind of num or sleepy Disease proceeding of too much sluggishness which the Latines call Veturnus For in the said Statute it seems to be a Synonymon with Vagabond Falda A Sheepfold Et quod oves sint levantes cubantes in propria falda Canonicorum praedictorum Rot. cart 16 Hen. 2. m. 6. Faldage Faldagium Is a priviledge which many Lords anciently reteined to themselves of setting up sheep-folds or Pens in any Fields within their Mannors the better to manure them and this not onely with their own but with their Tenants Sheep which is called Secta faldae This Faldage is call'd in some places a Fold-course or Free-fold and in some ancient Charters Fald-soca i. Libertas faldae or Libertas foldagii Rogerus Rusteng concessit Eccesiae B. Mariae de Wimondbam 40 acras terrae in Scarnebrune cum dimidia Fald-soca c. Chartular Monasterialis Ecclesiae praedict pa. 48. De Faldagio habendo ad ducentos bidentes ad plus in villa de Atheburgh Mon. Angl. 2 Par. fo 275. a. Falesia Fr. Falaize A Bank Hill or down by the Sea-side Coke on Litt. fol. 5. b. Falkland alias Folkland See Copyhold and Freehold
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
Sciant quod ego Johannes Lovet Miles Dominus de Elmeley Lovet Dedi Waltero le Blount fratri meo Johanni Filio suo Filiolo meo quindecim solidos annui reditus c. Sine dat Here Filiolus is used for a Nephew for Walter Blount married the sister of this Sir John Lovet unless John the Son were also Godson to Sir John Filkale See Sothale and Fictale File Filacium A Thred or Wier whereon Writs or other Exhibits in Courts and Offices are fastned properly called Filed for the more safe keeping them Finders Anno 18 Edw. 3. stat 1. and 14 Rich. 2. cap. 10. Seem to be all one with those which in these days we call Searchers Fine Finis Hath divers uses or significations the first and most noble is according to Glanvile lib. 8. cap. 1. Amicabilis compositio finalis concordia ex consensu licentia Domini Regis vel ejus Justiciariorum or a Covenant made before Justices and entred of Record for Conveyance of Lands Tenements or any thing inheritable being In esse tempore Finis to the end to cut off all Controversies Et Finis dicitur Finalis Concordia quia imponit finem litibus est exceptio peremptoria says Bracton lib. 5. tract 5. cap. 28. num 7. See the New Book of Entries verbo Fines And 27 Edw. 1. stat 1. cap. 1. So that this Fine appears to be a Composition or Concord acknowledged and recorded before a Competent Judge touching some Hereditament or thing immovable that was in controversie between the parties to the same Concord and that for the better credit of the transaction it is by imputation made in the presence of the King because levied in his Court and therefore it bindes Women-Covert being parties and others whom ordinarily the Law disables to transact onely for this reason That all presumption of deceit or evil meaning is excluded where the King and His Court of Justice are supposed to be privy to the Act. Originally the use of this Final Concord was instituted and allowed in regard that by the Law and ancient course of Proceedings no Plaintiff giving Real Security or Sureties De clamore suo prosequendo and being to be Fined or Amerced by the Judges if he failed therein which as appeareth by the Records of King Edward the First were duly Estreated and certified into the Exchequer could agree without License of the Court So as Fines have been anciently levied in Personal Actions and for no greater a sum of Money then xi l. But subtilty of Wit and Reason hath in time wrought other uses of it viz. To cut off Intails and with more certainty to pass the interest or title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much as the passing a Fine in most Cases now is but Mera fictio Juris alluding to the use for which it was invented and supposing an Action or Controversie where in truth none is and so not onely operating a present Bar and Conclusion against the parties to the Fine and their Heirs but at five years end against all others not expresly excepted if it be levied upon good consideration and without Covin as Womencovert Persons under Twenty one years Prisoners or such as are out of the Realm at the time of its acknowledging Touching which see the Statutes Anno 1 Rich. 3. cap. 7. 4 H. 7. cap. 14. 32 Hen. 8. cap. 36. and 31 Eliz. cap. 2. This Fine hath in it five essential Parts 1. The Original Writ taken out against the Cognizor 2. The Kings License giving the parties liberty to accord for which he hath a Fine called the Kings Silver being accounted part of the Crowns Revenue 3. The Concord it self which begins thus Et est Concordia talis c. 4. The note of the Fine which is an abstract of the Original Concord beginning thus Sc. Inter R. querentem S. T. uxorem ejus deforcientes c. where in stead of Deforcientes anciently Impedientes was used 5. The foot of the Fine Haec est Finalis Concordia facta in Curia Domini Regis apud Westm a die Poschae in Quindecim dies Anno c. includes all containing the day year and place and before what Justice the Concord was made Coke vol. 6. Casu â—ey fol. 38. This Fine is either single or double a Single fins is that by which nothing is granted or rendred back again by the Cognizees to the Cognizors or any of them A Double fine contains a grant and render back either of some Rent common or other thing out of the Land or of the Land it self to all or some of the Cognizors for some Estate limiting thereby many times Remainders to strangers not named in the Writ of Covenant and a Fine is sometimes called a double fine when the Lands do lie in several Counties Again a Fine is in its effect divided into a Fine executed and a Fine executory a Fine executed is such as of its own force gives a present possession at least in Law to the Conizec so that he needs no Writ of Habere facias Seizinam for Execution of the same but may enter of which sort is a Fine Sur cognizance de droit come ceo que il ad de son done that is upon acknowledgment that the thing mentioned in the Concord is Jus ipsius cognizaâ—i ut illa quae idem habet de dono Cognitoris West sect 51. K. The reason is because this Fine passeth by way of Release of that thing which the Conizee hath already at least by supposition by vertue of a former gift of the Conizor Coke lib. 3. Case of Fines fol. 89. b. Which is in very Deed the surest Fine of all Fines Executory are such as of their own force do not execute the possession in the Cognizees as Fines Sur cognizance de droit tantum Fines sur done Grant Release Confirmation or Render For if such Fines are not levied or such render made to those who are in possession at the time of the Fines levied the Conizees must needs sue out Writs of Habere facias seisinam according to their several Cases for obtaining their possessions except at the levying such Executory fines the parties to whom the Estate is limited be in possession of the Lands passed thereby For in this Case such Fines do enure by way of extinguishment of Right not altering the Estate or Possession of the Cognizee but perhaps bettering it West Symbol sect 20. Touching the form of these Fines it is to be considered upon what Writ or Action the Concord is to be made and that is most commonly upon a Writ of Covenant and then there must first pass a pair of Indentures between the Cognizor and Cognizee whereby the Cognizor Covenants with the Cognizee to pass a Fine to him of such and such things by a day limited As these Indentures are first in this proceeding
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee fee-Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
from Barbadoes Jamaica c. Mentioned 12 Car. 2. cap. 18. G. GAbel Gabella Gablum Sax. gafol alias gafel Fr. Gabelle i. Vectigal hath the same signification among our old Writers as Gabelle hath in France for Camden in his Britan pag. 213. speaking of Wallingford says Continebat 276 hagas i. Domos reddentes novem libras de Gablo And pag. 228. of Oxford thus Haec urbs reddebat pro Telonio Gablo aliis consuctudinibus per annum Regi quidem viginti libras sex sextarios mellis comiti verò Algaro decem libras Gabella as Cassanaeus defines it de Consuetud Burgund pag. 119 est vectigal quod solvitur pro bonis mobilibus id est pro his quae vehuntur Distinguishing it from Tributum quia tributum est propriè quod fisco vel principi solvitur pro rebus immobilibus Gafold-gyld Sax. The payment or rendring of Tribute or Custom Also Usury Gafol-land alias Gafulland Sax. Terra censualis Land liable to Tribute or Tax rented Land or Land letten for Rent Sax. Dict. Gage Fr. Lat. vadium Signifies a Pawn or Pledge Glanvile lib. 10. cap. 6. thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles And a little after Invadiatur res quandoque ad terminum quandoque sinc termino Item quandoque invadiatur res aliqua in mortuo vadio quandoque non Though the word Gage be retained as it is a Substantive yet as it is a Verb use hath turned the G. into W. So as it is oftner written Wage as to Wage Deliverance i. To give security that a thing shall be delivered For if he that distrained being sued have not delivered the Cattle that were distrained then he shall not onely avow the Distress but Gager Deliverance i. Put in surety that he will deliver them Fitz. Nat. Br. fol. 74. D. and 67 F. yet in some Cases he shall not be tied to make this security as if the Cattle died in Pound Kitchin fol. 145. or if he Claim a Propriety in the Cattle sued for To Wage Law see Law See Mortgage Gager Deliverance See Gage Gager del Ley. See Wage and Wager of Law Gagers See Gawgeors This word is mentioned in Anno 12 Car. 2. cap. 4. Gainage Lat. Wainagium i. Actus plaustri vel plaustri apparatus Fr. Gaignage i. The Gain or Crop of Tilled or Planted Grounds Signifies the Draught-Oxen Horses Wain Plough and Furniture for carrying on the work of Tillage by the baser sort of Soke-men and Villains and sometimes the Land it self or the profit raised by cultivating it Bracton lib. 1. cap. 9. speaking of Lords and Servants says Ut si eos destruant quod salvum non possit eis esse Wainagium suum And again lib. 3. tract 2. cap. 1. Villanus non amerciabitur nisi salvo Wainagio suo For anciently as it appears both by Mag. Char. cap. 14. and other Books The Villain when amerced had his Wainage free to the end the Plough might not stand still And the Law for the same reason does still allow a like Priviledge to the Husbandman that his Draught-Horses and Oxen are not in many Cases distrainable This in Magna Charta cap. 14. is called Wainage I finde in old Nat. Br. fol. 117. The Writ was abated for that the Oxgang is always of a thing that lies in Gainor This word was onely used of Arable Land because they that had it in occupation had nothing of it but the profit and fruit raised of it by their own labor towards their sustenance nor any other Title but at the Lords Will. Gainor again in the same Book fol. 12. is used for a Sokeman that hath such Land in his occupation In the 32 Chapter of the Grand Custumary Geigneurs are ruricolae qui terras elecmozynatas possident And Britton useth Gainer to Plough or Till fol. 65. a. and 42. b. West pa. 2. Symb. tit Recoveries sect 3. says a Praecipe quod reddat lies not for such and such things For they are not in Demesn but in gain c. Lastly in the Statute of Distresses in the Exchequer Anno 51. Hen. 3. I finde these words No man of Religion nor other shall be distrained by his Beasts that gain the Land See Wainage Gainery Fr. Gaignerie Tillage or Tilling or the profit raised of Tillage or of the Beasts used therein I have seen an old Lease that demised Omnes terras prat pastur in M. vulgo vocat le Gainerie c. Gainure Westm 1. cap. 6. 17. Tillage See Gainerie Galege Galicae From the Fr. Galloches which signified of old a certain Shoo worn by the Gauls in foul weather as at present the signification with us does not much differ It is mentioned Anno 4 Edw. 4. cap. 7. And 14 15 Hen. 8. cap. 9. Gallihalpens Was a kinde of Coyn which with Suskins and Doitkins was prohibited by the Stat. 3 Hen. 5. cap. 1. Gang-week See Rogation week Gaol From the Fr. Geole i. Caveola A Cage for Birds and thence Metaphorically used for a Prison So Geolier whom we call Gayler or Gaoler Garb Garba Fr. Garbe alias Gerbi i. fascis Signifies a bundle or sheaf of Corn. Charta de Foresta cap. 7. And Garba sagittarum is a Sheaf of Arrows Skene verbo Garba De omni annona decima garba Deo debita est LL. Edovardi Conf. cap. 8. Garbles Anno 21 Jac. cap. 19. Signifie the Dust Soil or Uncleanness that is severed from good Spice Drugs c. Garbling of Bow-staves Anno 1 Rich. 3. cap. 11. Is the sorting or culling out the good from the bad As garbling of Spice Drugs c. 1 Jac. cap. 19. is nothing but to purifie it from the dross and dust that is mixed with it and to sever the good from the bad It may come from the Italian Garbo that is Fineries or Neatness See 4 Inst fol. 264. Garbler of Spices Anno 21 Jac. cap. 9. Is an Officer of Antiquity in the City of London who may enter into any Shop Ware-house c. to view and search Drugs Spices c. And to garble and make clean the same Garderobe See Wardrobe and a Inst fol. 255. Gard Fr. Garde Lat. Custodia Signifies a custody or care of defence but hath divers Applications sometimes to those that attend upon the safety of the Prince called the Life-guard and Yeomen of the Gard sometimes to such as have the education and guardianship of Infants or Idiots sometimes to a Writ touching Wardship of which there were three sorts one called Droit de gard the second Ejectment de gard the third Ravishment de gard Fitz. Nat. Br. fol. 139 140. See Ward and Gardian Gardian or Guardian Fr. Gardien Sax. â—ardung Lat. Custos Signifies generally him that hath the charge or custody of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselves and their own affairs as Children and
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
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sâ—rsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ— in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ— qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta â—aiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
used for that Duty and Allegiance which every good Subject owes to his Liege-Lord the King Soveraigne Lord I Henry Percy become your Subgette and Leige Man and promit to God and you that hereafter I Faith and Trouth shall hear to you as to my Sovereign Leige Lord and to your Heirs Kings of England of life and limme and of earthly worshippe for to live and die ayeinst all erthly People and to You and to Your Commandements I shall be obeysant as God me help and his Holy Evangelists 27 Oct. 9 Ed. 4. Claus 9 Ed. 4. m. 13. in dorso See Lieges Ligeance Ligeantia a Ligando Is a true and faithful obedience of the Subject to his Soveraign Sometimes it signifies the Dominion or Territory of the Liege Lord. As Anno 25 Ed. 〈◊〉 Stat. 2. Children born out of Ligeance of the King Also the same with Ligeancy See Coke on Litt. fo 129. a. and Calvins Case 7. Rep. Limitation of Assize Limitatio Assizae Is a certain time set down by Statute wherein a Man must allege himself or his Ancestor to have been seized of Lands sued for by a Writ of Assize See the Statâ— of Merton ca. 8. and Westm 1. ca. 38. So it is used in Old Nat. Br fo 77. in these words The Writ de Consuetudinibus servitiis lyeth where I or my Ancestors after the limitation of Assize were not seized of the Customs c. But before the limitation of Assize we were seized c. Linarium A place where Flax is sown a flax-plat Et messuagium quod est juxta cimiterium cum linario quod jacet juxta praedictum Messuagium Pat. 22 Hen. 4. Par. 1. m. 33. Littera As tres Carectatas Litterae three Cartloads of Straw or Litter Mon. Angl. 2 Par. fo 33 b. Libery from the Fr. Livre i. Insigne Gestamen Signifies a Hat Coat Cloak or Gown which a Noble or Gentleman gives to his servants or followers with cognizance or without and is mentioned in 1 Rich. 〈◊〉 ca. 7. and 3 Car. 1. ca. 4. and divers other Statutes See Reteiner Also before the Stat. of 12 Car. 2. ca. 24. it did signifie a delivery of possession to those Tenants which held of the King in Capite or Knights-service for the King by his Prerogative had primier seisin or the first possession of all Lands and Tenements so holden of him Stamf. Praerog ca. 3. fo 12. it was in the nature of a Restitution sayes Sir Edward Coke And the Writ which lay for the Heir to obtain the possession or seisin of his Lands at the Kings hands was called his Livery Fitz. Nat. Br. fo 155. but by the said Statute all Wardships Liveries c. are taken away and discharged Livery of seisin Deliberatio seisinae Is a delivery of possession of Lands Tenements or other corporeal thing for of things incorporeal no Livery of seisin may be to one that has right or a probability of right thereto For as Bracton sayes lib. 2. ca. 18. num 3. Traditio debet esse vestita non nuda It is a Ceremony used in conveyance of Lands or Tenements where an estate in Feesimple Feetayl or a Freehold passeth And it is a testimonial of the willing departure of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing acceptance by the other party of all that whereof the other hath devested himself The common manner of delivery of Seisin is thus If it be in the open Field where is no House nor building and if the estate pass by Deed one openly reads it or declares the effect of it and after that is fealed the Vendor takes it in his hands with a clod of Earth upon a twig or bough which he delivers to the Vendee in the name of Possession or Seisin according to the effect of the Deed But if there be a House or Building upon the Land then this is to be done at the door of it none being left at that time within the house and the Ring of the door delivered to the Vendee who enters alone shuts the door and presently opens it again If it be a House without Land or Ground the Livery is made and Possession taken by delivery of the Ring of the door and Deed onely And where it is without Deed either of Lands or Tenements there the party declares by word of Mouth before witnesses the estate he parts with and then delivers Seisin or Possession in manner asoresaid And so the Land or Tenement passeth as well as by Deed and that by force of the Livery of Seisin See West par 1. Symbol lib. 2. sect 196. and Coke on Littl. fol. 48. a. This was anciently a Pair of Gloves a Ring Knife Ear of Wheat c. was delivered in sign or token of Livery and Seisin Local Localis Tied or annexed to a place certain As the thing is local and annexed to the Freehold Kitchin fol. 180. An Action of Trespass for Battery c. is transitory not local that is not needful that the place of the Battery should be set down as material in the Declaration or if it be set down that the Defendant should Traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty or that the Action should be tried or laid in the same County where the Fact was done The gard of the person and of the Lands differs in this because the person being transitory the Lord might have his Ravishment de Gard before he was seised of him but not of the Land because it is local Perkins Grants 30. Locus Partitus Signifies a Division made between two Towns or Counties to make tryal in whether the Land or place in question lies Fleta lib. 4. cap. 15. num 1. Lode Ship A kinde of Fishing Vessel mentioned 31 Edw. 3. stat 3. cap. 2. Lodeworks One of the Works belonging to the Stannaries in Cornwal for which see Stremeworks Lodemerege Item en droit de Lodemerege dient les avantditz Jurez que leur sembli cest case ils ne scayvent meilleur advise ne remedy mays que ce soit desore user fait per maner quest conteyne en le Ley D'Oleron Pryns Animad on 4 Inst fol. 116. Logating An unlawful game mentioned 33 Hen 8. cap. 9. now disused Logwood Is a kinde of Wood which divers use otherwise called Block-wood brought from Compethe and other remâ—â—â— parts and was prohibited by Stat. 23 Eliz. ca. 9. and 39 ejusdem cap. 11. But since by Stat. 14 Car. 2. cap. 11. the importation and use of it is allowed Loich or Loych Fish 31 Edw. 3. stat 3. cap. 2. And that no Fish called Loych Fish be chosen or tried but onely in thrée parts that is to say Lob Ling and
God Lollardy and Lollery Anno 1 2 Phil. Ma. cap. 6. The Doctrine and Opinion of the Lollards Rogerus Acton miles pro Proditione Lollardia distrahatur suspendatur sic suspensus pendeat ad voluntatem Regis Middlesex Plac. Hill 1 Hen. 5. Rot. 7. Trin. 2 Hen. 5. Rot. 6. Lollards so called from Walter Lollard a German First Author of this Sect living about the year 1315. Were certain Hereticks at least in the Opinion of those times that abounded here in England in the days of Edward the Third and Henry the Fifth whereof Wicliff was the cheif in this Nation according to Stow in his Annals fol. 425. They are mentioned Anno 2 Hen. 5. cap. 7. Against these Lollards much was decreed by Tho. Arundel Archbishop of Canterbury in a Council at Oxford See their Tenets in Spotswoods History of Scotland fol. 61. The High Sheriff of every County is bound by his Oath to suppress them You shall says the Oath do all your pain and diligence to destroy and make to cease all manner of Heresie and Errors commonly called Lollardies within your Bailiwick from time to time with all your power c. The intent of the Hereticks called Lollards was to subvert the Christian Faith the Law of God the Church and the Realm so said the Statute of 2 Hen. 5. cap. 7. which was repealed 1 Edw. 6. cap. 12. See 3 Inst fol. 41. and Caudries Case Lord Dominus Sax hlaford signifying a Bread-giver Bountiful or Hospitable Is a word of Honor with us and used diversly Sometimes being attributed to those who are noble by Birth or Creation and are otherwise called Lords of the Parliament and Peers of the Realm sometimes to those who are so called by the curtesie of England as all the Sons of a Duke or Marquess and the eldest Son of an Earl Sometimes to Persons Honorable by Office as Lord Cheif Justice c. And sometimes to an Inferior Person that hath Fee and consequently the Homage of Tenants within his Mannor for by his Tenants he is called Lord and in some places for distinction sake Landlord In which last signification it is most used in our Law-Books where it is divided into Lord Paramount and Lord Mesn Lord Mesn is he that is owner of a Mannor and by vertue thereof hath-Tenants holding of him in Fee and by Copy of Court-Roll and yet holds himself of a Superior Lord called Lord Paramount or above him Old Nat. Br. fol. 79. We likewise read of Very Lord and Very Tenant Very Lord is he who is immediate Lord to his Tenant and Very Tenant he that holds immediately of that Lord. So that if there be Lord Paramount Lord Mesn and Tenant the Lord Paramount is not very Lord to the Tenant Broke tit Heriot num 1. Lord in Gross Is he who is Lord not by reason of any Mannor as the King in respect of his Crown Fitz. Nat. Br. fol. 3. and 8. where also is a Case wherein a private person is a Lord in Gross As a Man makes a Gift in Tail of all the Land he hath to hold of him and dies his Heir hath but a Seigniory in Gross Lorriners or Lorimers Fr. Lormier from the Lat. Lorum Is one of the Companies of London that make Bits for Bridles Spurs and such like small Iron ware Anno 1 Rich. 2. cap. 12. Lot or Loth Is the thirteenth Dish of Lead in the Darbishire Mines which belongs to the King Pro dominio suo Presentatum est in Ragemannis per 12 de Alto Pecco quod Rad. de Wyne fecit quandam Purpresturam in solo Domini Regis in Tatington Prestclivâ— faciendo mineram plumbi unde Rex sâ—lebat percipere le Lot mineris i. Tertium decimum vas c. Rot. Rageman de quo Warranto de Itin. de Derbi 9 Edw. 1. Et de minerâ— lucrata in hujusmodi opere in feodo Domini Regis Dominus Rex habebit pro Dominio suo tertium decimum discum qui dicitur le Loth. Eschaet de Anno 16 Edw 1. num 34. See Cope Lotherwit alias Leyerwit Is a Liberty or Priviledge to take amends of him that defiles ones Bond-woman without Licence Rastals Exposition of Words According to others it is an amends for lying with a Bond-woman See Lairwit Some think it should be rather written Legerwit for Leger in Saxon signifies a Bed or Lecherwite a mulct or punishment for Lechery Lourgulary Fr. Louâ—deriâ— i. Inhumanitas incivilitas In Statuto pro stratis London impresso Anno 1573. Art 45. Casting any corrupt thing appoisoning the Water is Lowrgulary and Felony some think it a corruption of Burglary See Glossar in decem Scriptores verbo Burglaria Lowbellers Anno 23 Eliz. cap. 10. Are such as go with Light and a Bell by the sight whereof Birds sitting on the Ground become somewhat stupified and so are covered with a Net and taken This name is derived from the word Low which in the Saxon or old English signifies a Flame of fire See the Antiq of Warwickshire p. 4. Lushborow or Lushburgs Was a base sort of Money coyned beyond Seas to the likeness of English Money in the days of Edward the Third and brought in to deceive the King and his People To avoid which it was made Treason for any Man wittingly to bring in any such Anno 25 Edw. 3. stat 4. cap. 2. 3 Parâ— Inst fol. 1. M. M. Every Person convicted for Murder Man-slaughter and admitted to the benefit of his Clergy to be marked with an M. upon the Brawn of the Left-thumb Anno 4 Hen. 7. cap. 13. Macegriefs alias Macegrefs Macâ—ecarâ—i Are such as willingly buy and sell stoln Flesh knowing the same to be stoln Britton cap. 29. In turnis Vice-com ' 12 Juratores inter alia presenteront Dâ— Macegrefs achatâ—uns vendauns a â—scient chars â—mbles Cromptons Justice of Peace fol. 193. a. Vide LL. Inâ— cap. 20. de â—arnem furtivam eâ—â—â—tâ— Madning-money Old Roman Coyns sometimes found about Dunstable are so called by the Countrey people and retains the name from Magintum used by the Emperor Antonine in his Itinerary for Duâ—stable Câ—m Maeremium Is derived from the Old Norman word Marismâ— for Timber Rex dilecto Rogerâ— de Horsley Constabulario Castri sui de Baumburg salutem Mâ—ndamus vobis quod â—omines partium prâ—dict nuper in Castro prâ—dicto pro salvatione Corporum rerum suarum contra aggressus Scotâ—rum commorantes Maeremium de logiâ—â— suis 〈◊〉 non bona catalla ac victualia sua in codem Castro in Fâ—ssato Motâ— ejusdem existentia sine impedimonto capere cariâ—re quo voluerint aâ—portare pormittatis c. T. Rege apud Co 〈…〉 k. 12 Juâ—ii Claus 16 Edw. 2. m. 3. Magbote or Maegbote From the Sax. Maeg i. cognatus bote compensatio A recompence for the slaying or murder of ones Kinsman For anciently in this Nation Corporal punishments for Murder and other great
Curia vel invariare Renovamus etiam confirmamus Privilegia antiquorum Regum atque ob reverentiam Dominae nostrae perpetuae Virginis Mariae Sanctique Benedicti Sanctarumque virginum omnibusque futuris ibidem Abbatibus in tota possèssione Monasterii Sacham Socham Theloneumque suum in terra in aqua concedo Consuetudines ut ab omnibus apertius plenius intelligantur Anglice scriptas scilicet Mundbriche Feardwite Firwite Blodewite Mistzeninge Frithsoke Hamsockne Forstall Forphange Theifphange Hangwite Frithbriche Utlepe Infongenthefe Supbriche Tol Tem aliassque omnes leges Consuetudines quae ad me pertinent tam plene tam libere sicut eas in manu mea habebam Confirm Fundationis Monast de Ramsey per S. Edw. Conf. Mon. Angl. 1 par fo 237. Miskering Hoc est quietus pro querelis coram quibuscunque in transumptione probata MS. LL. Rob. Cot. pa. 262. See Mishering Misnomer compounded of the Fr. Mes which in composition alwayes signifies amisse and nomer i. nominare the using one name for another a mis-terming or mis-naming Misprision Fr. Mespris i. contempt or neglect Signifies a neglect negligence or oversight as Misprision of Treason or Felony is a neglect or light account made of Treason or Felony committed by not revealing it when we know of it Stam. pl. Cor. lib. 1. cap. 19. or by suffering any person committed for Treason or Felony or suspition of either to go before he be indited Misprision of Clerks Anno 8 Hen. 6. ca. 15. Is a neglect of Clerks in writing or keeping Records By misprision of Clerks no Process shall be adnulled or discontinued 14 Edw. 3. ca. 6. Stat. 1. For Misprision of Treason the offenders are to suffer imprisonment during the Kings pleasure lose their Goods and the Profits of their Lands during their lives Misprision of Felony is onely Finable by the Justices before whom the party is attainted Cromp. I. of Peace fo 40. Other faults may be accounted Misprisions of Treason or Felony because later Statutes have inflicted that punishment upon them whereof you have an example Anno 14 Eliz. ca. 3. of such as Coyn forrain Coyns not currant in this Realm and their Procurers Aiders and Abettors Misprision also signifies a mistaking Anno 14 Ed. 3. Stat. 1. ca. 6. v. 3 Inst fo 36 and 139. Mis-trial A false or erroneous Trial. Crokes Rep. 3 Part. fo 284. Delves Case Mis-user Is an abuse of liberty or benefit As He shall make Fine for his Misuser Old Nat. Br. fo 149. Mitta Sax. Mensura decem modiorum MS. In Wich salina redd 30 mittas salis Domesday tit Wirec scire Ego Wulfrun uxor Anketelli Singulis annis vitae meae ad Festum S. Benedicti quod est in aestate decem mittas de brasio quinque de gruto quinque mittas farinae triticiae 8 pernas 16 caseos duas vaccas pingues de terra mea Hicheling pro respectu annuo eidem Ecclesiae Ramesiensi procurari decerno Lib. Rames Sect. 38. Praeterea concessi eis septem Mittas Salis quolibet anno percipiendas apud Wiz Mon. Angl. 2 Par. so 262. b. Mittendo manuscriptum pedis Finis Is a Writ Judicial directed to the Treasurer and Chamberlains of the Exchequer to search and transmit the foot of a Fine acknowledged before Justices in Eyre into the Common-Pleas c. Reg. of Writs fo 14. Mittimus Is a Writ by which Records are transmitted from one Court to another as appears by the Stat. of 5 Rich. 2. ca. 15. as out of the Kings Bench into the Exhhequer And sometimes by a Certiorari into the Chancery and from thence by a Mittimus into another Court as you may see in 28 Hen. 8. Dyer fo 29. and 29 Hen. 8. Dyer fo 32. Mittimus also signifies the Precept that is directed by a Justice of Peace to a Jaylor for the receiving and safe keeping a Felon or other Offender committed by the said Justice See Table of Reg. of Writs for other uses and applications of this Word Mixt tithes decimae mixtae Are those of Cheese Milk c. and of the young of beasts See Cokes 2 Part Inst fo 649. and see Tithe Mockadoes Anno 23 Eliz. ca. 9. A kind of Stuff made in England and elsewhere Moderata misericordia Is a Writ that lies for him who is amerâ—â—d in a Court-Baron or other Court not of Record for any transgression or offence beyond the quality of the fault It is directed to the Lord of the Court or his Bailiff commanding them to take a moderate Amerciament of the party and is founded upon Magna Charta ca. 14. Quod nullus liber homo amercietur nisi secundum qualitatem delicti c. The rest touching this Writ see in Fitz. Nat. Br. fo 75. See Misericordia Modo forma Are words of art in pleadings namely in the Answer of the Defendant whereby he denies to have done the thing laid to his charge modo forma declarata Kitchin fo 232. The Civilians in like case say Negat allegata prout allegantur esse vera Where modo forma are of the substance of the Issue and where but words of course see Coke on Litt. fo 281. b. Modus decimandi Is either when Land or a yearly Pension summ of Money or other profit belong to the Parson Viccar c. by composition or Custom in satisfaction of Tithes in kind MS. penes Auth. See 2 Inst fo 490. Molendinum bladonicum A Corn-mill for which in ancient Charters we also find Molendinum bladum molendinum de blado So a Fulling-mill is thus variously Latin'd in Re-Records Molendinum fullonicum Mol. fullanicum Mol. Fullere Mol. Fullarium Mol de Fulelez A Windmill Molendinum ad ventum venti Molendinum ventriticum ventricium A Water-mill Molendinum aquaticum aquatilium A Horse-mill Molendinum Equitium A Grinding or Griest-Mill Molendinum molare Ex Cartis Record in Mon. Angl. Molman Prior. Lewens pa. 21. omnis Lanceta omnis Toftman omnis Molman qui non sedet super Ogeland debent spergere unam reiam de fiens c. i. Unam strigam vel tractum stercoris a rew of muck Molasses Anno 12 Car. 2. ca. 25. Is the refuse Sirrop in the boiling of Sugar with which by the said Statute Wine is prohibited to be mingled or adulterated Monetagium Jus artificium cudendi monetas Moniers or Moneyors Monetarii Ministers of the Mint which make Coin and deliver out the Kings Moneys Anno 25 Edw. 3. ca. 20. Reg. of Writs fo 262. It appears that in ancient time our Kings of England had Mints in most of the Counties of this Realm and in the Tractate of the Exchequer written by Ockham we find that whereas Sheriffs ordinarily were ty'd to pay into the Exchequer the Kings Sterling-Money for such Debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any
sort of Money so it were Silver and the reason is there given because those two Shires Monetarios de antiqua institutione non habent Moneyers are now also taken for Banquers or those that make it their Trade to turn and return money Monger Seems to be a little Sea-vessel which Fishermen use Anno 13 Eliz. ca. 11. Monopoly from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo Is an Institution or allowance of the King by his Grant Commission or otherwise to any person or persons of or for the sole buying selling making working or using of any thing whereby any person or persons are restrained of any freedom or liberty that they had before or hindred in their lawful Trade which is declared illegal by 21 Jac. ca. 3. Except in some particular cases which see in 3 Inst fo 181. Monstrans de droit i. Shewing of ones right Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements that indeed are mine in right though by some Office found to be in possession of one lately dead See Stamf. Praer ca. 21. at large and Cokes Rep. lib. 4. fo 54. Wardens of the Sadlers Case Monstraverunt Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine being distreined for the payment of any Toll or Imposition contrary to the liberty which they do or should enjoy Fitz. Nat. Br. fo 14. Month or Moneth Sax. Monath Shall be understood to consist of 28 dayes See Coke lib. 6. fo 61. b. And see Kalendermoneth Moot from the Sax. Motian to treat or handle Is well understood at the Inns of Court to be that exercise or arguing of Cases which young Barrasters and Students perform at certain times for the better enabling them for practise and defence of Clients Causes The place where Moot-cases were argued was anciently called a Moot-hall from the Sax. Motheal In the Inns of Court there is a Bailiff or Surveyor of the Moots who is yearly chosen by the Bench to appoint the Mâ—otmen for the Inns of Chancery and to keep accompt of performance of Exercises both there and in the House See Orig. Juridiciales fo 212. Mootmen Are those that argue Readers Cases called also Moot-cases in the Houses of Chancery both in Terms and in Vacations Cokes Rep. 3 Part in Proaemio Moratur or Demoratur in Lege Signifies as much as he Demurrs because the Party goes not forward in pleading but rests or abides upon the Judgment of the Court in the point who deliberate and take time to argue and advise thereupon Whensoever the Counsel learned of the Party is of opinion that the Count or Plea of the adverse party is insufficient in Law then he Demurrs or abides in Law and refers the same to the Judgment of the Court Coke on Lit. fo 71. b. See Demurrer Moriam Is all one in signification with the French Morion i. Cassis a headpiece and that from the Italian Morione Anno 4 5 Phil. Mary ca. 2. now called a Pot. Morling alias Mortling Signifies that Wool which is taken from the Skin of a dead Sheep whether dying of the rot or being killed Anno 4 Edw. 4. cap. 2. 3. and 27 Hen. 6 cap. 2. This is written Morkin Anno 3 Jac. cap. 18. Morling or Shorling Anno 3 Edw. 4. cap. 1. 14 Car. 2. cap. 18. See Shorling Mortdancester See Assize Mortgage Mortuum vadium vel Mortgagium from the French Mort i. Mors and Gage i. Pignus Signifies a Pawn of Land or Tenement or any moveable thing laid or bound for Money borrowed peremptorily to be the Creditors for ever if the Money be not paid at the day agreed on And the Creditor holding such Land on such Agreement is in the mean time called Tenant in Mortgage Glanvile lib. 10. cap. 6. defines it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant Thus it is called a Dead Gage because whatsoever profit it yields yet it redeems not it self by yielding such profit except the whole sum borrowed be likewise paid at the day the Morgagee by Covenant being to receive the profits till default of payment He that lays this Pawn or Gage is called the Morgager and he that takes it the Morgagee This if it contain excessive Usury is prohibited Anno 37 Hen. 8. cap. 9. Mortmain Manus Mortua i. Dead Hand From the. Fr. Mort i. Mors and Main i. Hand Signifies an Alienation of Lands or Tenements to any Corporation Guild or Fraternity and their Successors as Bishops Parsons Viccars c. which may not be done without Licence of the King and the Lord of the Mannor or of the King alone if it be immediately holden of him The reason of the name proceeds from this that the services and other profits due for such Lands should not without such Licence come into a Dead Hand or into such a Hand as it were Dead and so dedicate unto God or pious uses as to be abstractedly different from other Lands Tenements or Hereditaments and is never to revert to the Donor or any Temporal or common use Mag. Charta cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain 18 Edw. 3. stat 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land c. to Hospitals is permitted without obtaining of Licences of Mortmain Hottoman in his Commentaries De verbis Feudal verbo Manus mortua says thus Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Qua de causa res nunquam ad Priorem Dominum revertitur nam Manus pro possessione dicitur Mortua pro immortali c. And Skene says That Dimittere terras ad Manum Mortuam est idem atque dimittere ad multitudinem sive universitatem quae nunquam moritur The President and Governors for the poor within the Cities of London and Westminster may without Licence in Mortmain purchase Lands c. not exceeding the yearly value of 3000 l c. Stat. 14. Car. 2. cap. 9. Mortuary Mortuarium Is a gift left by a Man at his death to his Parish Church in recompence of his Personal Tythes and Offerings not duly paid in his life time A Mortuary is not properly and originally due to an Ecclesiastical Incumbent from any but those onely of his own Parish to whom he ministers Spiritual Instruction and hath right to their Tythes But by Custom in some places of this Kingdom they are paid to the Incumbent of other Parishes in the Corps of the Dead Bodies passage through them See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts Mortuarium says Lindwood sic dictum est quia relinquitur Ecclesiae pro anima defuncti
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63◠Cam. Brit. pa. 160. who reckons 9284
Parish-Churches under Bishops in England but other Authors differ in the number Parle-hill Collis vallo plerunque munitus in loco campestri ne insidiis exponatur ubi convenire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas terminandas Scotis reor Grith-hail q. Mons pacificationis cui Asyli privilegia concedebantur Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia frequentes vidimus the Parle and Parling-hills Spel. Parliament Parliamentum from the Fr. Parler loqui Is the great Assembly of this Kingdom consisting of the King and the three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons for the Debating of Matters touching the Common-wealth and especially the making and correcting Laws which Assembly or Court is of all other the highest and of greatest Authority as you may read in Sir Tho. Smith de Repub. Angl. Cam. Britan. pa. 112. Si vetustatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae As in an ancient Charter of King John Nullum Scutagium vel auxilium ponam in regno nostro nisi per Commune Consilium regni nostri c. The first Parliament in England according to Sir Richard Baker was held at Salisbury 19 April 16 Hen. 1. But see Cottoni Postâ—umâ— fo 15. and 2 Inst fo 268. where there is mention of Parliaments held long before that time The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the affairs of his Monastery Croylandensis libri haec sunt verba Concessimus etiam tunc Scrientium nostrae Ecclesiae Semanno de Lek qui veniens coram Conventu in nostro publico Parliamento similiter juramentum prestitit quod fidus fidelis nobis existerit Officium c. And at this day the Community of the two Temples or Inns of Court do call that Assembly A Parliament wherein they consult of the common affairs of their several Houses See Crom. Jurisd fo 1. See Royal assent Parliamentum insanum so called in History was a Parliament held at Oxford Anno 41 H. 3. MS. in Bibl. Cotton sub tit Vitellius C. 9. Parliamentum indoctorum Was a Parliament held at Coventry 6 Hen. 4. Whereunto by special precept to the Sheriffs in their several Counties no Lawyer or person skill'd in the Law was to come and therefore it was so called Walfingh pa. 412. n. 30. Rot. Parl. 6 Hen. 4. Parol Fr. Is used in Kitchin fo 193. for a Plea in Court and being joyn'd with Lease as Lease parol or Lease per parol is a Lease by word of mouth contradistinguish'd from one in writing Parson Persona Signifies the Rector of a Church because he for his time represents the Church and susteins the person thereof as well in suing as being sued in any action touching the same See Fleta lib. 9. ca. 18. Charta Hugonis Pusac alias Pudsey de Puteaco tempore Hen. 2. Hugo dei Gratia Dunelmensis Episcopus omnibus Archidiaconis suis Clericis laicis Episcopatus sui salutem Sciatis nos ad Praesentationem Roberti Capellani in Ecclesiam de Witefield quae in feudo suo sita est Canonice impersonasse Robertum nepotem suum Quare volumus praecipimus quatenus idem Robertus habeat teneat Ecclesiam praenominatam libere quiete tam in decimis quam in caeteris obventionibus sicut aliqui Clerici liberius quietius in Episcopatu nostro Ecclesias suas teneant Salvis in omnibus Episcopalibus consuetudinibus Testibus c. Endorsed thus Praesentatio Roberti de Quitefeld Parson imparsonee Persona impersonata Is the Rector that is in possession of a Church Parochial be it presentative or impropriate and with whom the Church is full For in the New Book of Entries verbo Ayd in Annuity you have these words Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. impersonata in eadem ad praesentationem F. Patronissae c. So that Persona seems to be the Patron or he that has right to give the Benefice by reason that before the Later an Councel he had right to the Tythes in respect of his liberality in erecting or endowing the Church Quasi sustineret personam Ecclesiae Persona impersonata he to whom the Benefice is given in the Patrons right For in the Reg of Writs judicial fo 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated and Dyer fo 40. num 72. sayes a Dean and Chapter are Parsons impersonees of a Benefice appropriated to them who also fo 221. num 19. plainly shews that persona impersonata is he that is inducted and in possession of a Benefice So that Persona seems to be termed impersonata onely in respect of the possession he has of the Benefice or Rectory be it appropriate or otherwise by the act of another Coke on Litt. fo 300. b. Parters of Gold and Silver See Finors Partes Finis nihil habuerunt c. Is an Exception taken against a Fine levied Cokes Rep. lib. 3. Case of Fines Particata terrae See Perticata terrae Partitione facienda Anno 31 Hen. 8. ca. 1. Is a Writ that lies for those who hold Lands or Tenements pro indiviso and would sever to every one his part against him or them that refuse to joyn in partition as Coparceners or Tenants in Gavelkind Old Nat. Br. fo 142. Fitz. Nat. Br. fo 61. and New Book of Entries verbo Partition Dorset Placita de Juratis Assis Anno 16 Edw. 1. Motingh EDwardus Kaynel Maria filia Roberti de Camma Johannes Bereset Matilda uxor ejus Johanna soror ejusdem Matildae petunt versus Johannem Alfrith de Warham unum Toftum cum pertin in Warham de quo Johannes Gerard consanguineus predictorum Edwardi Mariae Matildae Johannae cujus heredes ipsi sunt fuit scifitus in dominico suo ut de feodo dic quo obiit c. unde dicunt c. Et Johannes venit dicit quod tenementa in Warham sunt partibilia inter masculos femellas dicit quod praedictus Edwardus habet quasdam Gunnoram Matildam Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium quae tantum jus habent in re petita sicut c. quae non nominantur in brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. Partie-Jury Anno 14 Car. 2. ca. 11. See Medictas linguae Partlet Anno 24 Hen. 8. ca. 13. Was a kind of Band to wear about the necks both of Men and Women now out
Faders Eyer and I nil suffer that ony man you any wrongys beed And God you kepe Ex libro pervetusto penes Will. King Ar. Portioner Porconarius or Portionarius Pateat universis quod ego Iohannes Botelere Porconarius secundae portionis Ecclesia de Bromyord dedi dat 17 Ric. 2. Where a Parsonage is served by two or sometimes three Ministers alternately as Bromyard supra Burford in Shropshire c. The Ministers are called Portioners because they have but their Portion or Proportion of the Tythes or Profits of the Living Portmen Anno 13 Eliz. cap. 24. The Twelve Burgesses of Ipswich are so called Also the inhabitants of the Cinque Ports are so termed according to Camdens Britannia Portmote from the Sax Porte i. Portus gemot i. Conventus Is a Court kept in Haven-Towns or Ports as Swainmot in the Forest Manwood par 1. pag. 111. It is called the Portmoot Court Anno 43 Eliz. ca. 15. Curia Portmotorum est Curia in Civitate Cestriae coram Majore in aula Motorum tenenda Pl. in Itin. ibid. 14 Hen. 7. Portsale Anno 35 Hen. 8. cap. 7. Is the sale of Fish presently upon its arrival in the Port or Haven Possession Possessio quasi Pedis positio Is twofold actual and in Law The first is when a Man actually enters into Lands or Tenements to him descended the other when Lands or Tenements are descended to a Man and he hath not as yet actually entred into them Before or until an Office is found of Lands Escheated by Attainder 〈◊〉 King hath onely Possession in Law and not in Deed. Stamf. Praerog fol. 54. There is also an Unity of Possession which the Civilians call Consolidationem As if the Lord purchase the Tenancy held by Heriot service the Heriot is extinct by Unity of Possession because the Seigneury and Tenancy are now in one Mans possession Kitchin fol. 134. See other Divisions of Possession in Bracton lib. 2. cap. 17. Post See Per. Post Conquestum Was first inserted in the Kings Title by Edward the Third Anno 1328. Claus 2 Edw. 3. in Dorso m. 33. Post Diem Is a Fee by way of Penalty upon a Sheriff for his neglect in returning a Writ after the day assigned for its return for which the Custos Brevium hath four pence whereas he hath nothing if it be returned at the day sometimes taken for the Fee it self Post Disseisin Post Disseisina Is a Writ given by the Statute of Westm 2. cap. 26. and lies for him that having recovered Lands or Tenements by Praecipe quod reddat upon default or reddition is again disseised by the former Disseisor Fitz. Nat. Br. fol. 190. See the Writ that lies for this in the Reg. of Writs fol. 208. a. Post Fine Is a duty belonging to the King for a Fine formerly acknowledged before him in his Court which is paid by the Cognizee after the Fine is fully passed and all things touching the same accomplished The rate thereof is so much and half so much as was paid to the King for the Fine and is collected by the Sheriff of the County where the Land lies whereof the Fine was levied to be answered by him into the Exchequer Post Term Is a Fee or Penalty taken by the Custos Brevium of the Court of Common Pleas onely for the Filing any Writ by any Attorney after the Term or usual time in which such Writs are returnable for which the Custos Brevium takes the Fee of xx d. Postea Is a Return or Certificat of the proceedings by Nisi Prius into the Court of Common Pleas after a Verdict and there afterwards recorded See Plowden Casu Saunders fol. 211. a. See an example of it in Coâ—es Rep. Vol. 6. Rowlands Case fol. 41. See Custos Brevium Posteriority Posterioritas the Being or coming after or behinde Is a word of Comparison and Relation in Tenure the Correlative whereof is Priority For a Man holding Lands or Tenements of two Lords holds of his Ancienter Lord by Priority and of his later Lord by Posteriority Stamf. Praerog fol. 10. 11. When one Tenant holds of two Lords of the one by Priority of the other by Posteriority c. Old Nat. Br. fol. 94. See 2 Instit fol. 392. Postnati 7 Jac. It was by all the Judges solemnly adjudged that those who after the descent of the Crown of England to King James were born in Scotland were no Aliens in England As on the contrary the Antenati or those born in Scotland before the said descent were Aliens here in respect of the time of their Birth See Calvins Case 7 Report Pot Anno 13 Car. 2. cap. 6. A Head-piece for War Pot Ashes Anno 12 Car. 2. cap. 4. Are made of the best Wood-ashes and used in the making of Soap some are made in England but the best come from beyond Sea Pound Parcus Signifies generally any strong inclosure to keep in Beasts but especially a place of strength to keep Cattle that are distrained or put in for any Trespass done by them until they be replevied or redeemed and in this signification it is called a Pound Overt or open Pound being built upon the Lords Waste and is called the Lords Pound for he provides it for the use of himself and his Tenants See Kitchin fol. 144. It is divided into Pound Open and Pound Close Pound Open or Overt is not onely the Lords Pound but a Backside Court Yard Pasture-Ground or whatever else whither the owner of the Beasts Impounded may come to give them Meat and Drink without offence for their being there or his coming thither Pound Close is then the contrary viz. Such a one as the owner cannot come unto for the purpose aforesaid without offence as some Close-house Castle Fortress or such like place Pound-breach See Pund-brech Poundage Pondagium Is a Subsidy granted to the King of all manner of Merchandise of every Merchant Denizen and Stranger carried out of this Realm or brought into the same to the value of Twelve pence in every Pound This was granted to Henry the Sixth for term of his life and to King Charles the Second Anno 12 Car. 2. cap. 4. Pourallée See Purluc Pour fair proclamée que nul inject Fines ou ordures en fosses ou Rivers pres Cities c. Is a Writ directed to the Mayor Sheriff or Bailiss of a City or Town commanding them to proclaim That none cast filth into the Ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute 12 Rich. 2. cap. 13. Fitz. Nat. Br. fol. 176. Pourpartie Propars Propartis vel Propartia Is contrary to Pro indiviso for to make Pourpartie is to divide and sever the Lands that fall to Parceners which before Partition they hold joyntly and Pro indiviso Old Nat. Br. fol. 11. Pourpresture Pourprestura from the Fr. Pourpris a Close or Enclosure Is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. 〈◊〉 Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or fee-Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' fee-Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
Par. 1. Pa. 178. Reprisels Reprisalia From the Fr. Reprise i. Recaptio vel captio rei unius in alterius satisfactionem Is all one in the Common and Civil Law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data Creditori pro injuriis damnis acceptis Vocab utriusque Juris This among the Ancient Romans was called Clarigatio In the Statute 27 Edw. 3. Stat. 2. ca. 17. it is called Law of Marque because one destitute of Justice in another Territory redresseth himself by the goods belonging to Men of that Territory Reprises Fr. Resumptions or takings back We use it for deductions and duties which are yearly paid out of a Mannor or lands as Rent-charges Pensions Fees or Stewards or Bailiffs c. Therefore we say the Mannor of Dale yields 40 l. per annum ultra Reprizas besides all Reprises Requests Curia Requisitionum See in Court The place where this Court was held was anciently called Camera alba Rot. Parl. Anno 17 Edw. 3. Resceit Receptio Is an admission or receiving a third person to plead his right in a cause formerly commenced between other two New Book of Entries verbo Resceit As if Tenant for life or years brings an Action he in the Reversion comes in and prayes to be received to defend the Land and to plead with the Demandant See Brook Tit. Resceit fo 205. and Perkins Dower 448. Resceit is also apply'd to an admittance of Plea though the controversie be onely between â—two Brook tit Estoppel Coke on Litt. fo 192. b. Resceit of homage Receptio Homagii Is the Lords receiving Homage of his Tenant at his admission to the Land Kitchin fo 148. See Homage Rescous Rescussus From the Fr. Rescousse i. Liberatio redemptio Is an illegal taking away and setting at liberty a Distress taken or a person arrested by Process or course of Law which is a Rescouse in Deed And where a man has taken a Distress and the Cattel distreined as he is driving them to the Pound happen to go into the House of the owner if he that took the distress demand them of the owner and he deliver them not this is a Rescous in Law Coke on Litt. lib. 2. ca. 12. Sect. 237. It is also used for a Writ which lies for this fact called Breve de rescussu whereof you may see both the form and use in Fitz. Nat. Br. fo 101. Reg. of Writs fo 125. and New Book of Entries verbo Rescous This in some cases is Treason upon matters of Treason and in some Felony in cases of Felony Cromp. Justice fo 54. b. Rescussor Is he that commits such a Rescous Crokes Rep. 2 Part fo 419. Reseiser Reseisire Is a taking again of Lands into the Kings hands whereof a general Livery or Ouster le main was formerly missued contrary to order of Law Stamf. Praerog 26. See Resumption Reservation Reservatio A providing for store as when a man departs with his Land but reserves or provides for himself a rent out of it for his own livelihood Sometimes it serves to reserve a new thing and sometimes to except part of the thing in esse that is granted See Perkins Reservations per totum Resiance Resiantia From the Fr. Reseant vel resseant i. Resident Signifies a Mans aboad or continuance in a place Old Nut. Br. fo 85. Whence also comes the participle resiant that is continually dwelling or abiding in a place Kitchin fo 33. It is all one in truth with residence but that custom ties this onely to persons Ecclesiastical Veteri autem jure nostro etiam Scotico aliud significat utpote morbum validum seu veteranum quo quis exire de suis aedibus prohibetur Essonium igitur quod de malo lecti nuncupatur hoc est excusatio quod ratione infirmitatis sistere se in foro non valeat essonium nuncupant de reseantisa Glanvile lib. 1. ca. 11. Quandoque intervenit Essonium ex infirmitate de reseantisa Ubi in margine notatur Essonium de reseantisa idem valet quod essonium de malo lecti Et Galli apertius dixerunt Exoine de mal resseant Spelm. Residence R 〈…〉 tia Is peculiarly used both in the Canon and Common-Law for the continuance or aboad of a Parson or Vicar upon his Benefice The defalt whereof except the party be qualify'd and dispensed with is the loss of ten pounds for every moneth Anno 28 Hen. 8. ca. 13. Resignation Resignatio Is used particularly for the yielding up a Benefice into the hands of the Ordinary otherwise called renunciatio by the Canonists And though it signifie all one in nature with the word Surrender yet it is by use restrained to the yielding up a Spiritual Living as aforesaid and Surrender to the giving up Temporal Lands into the hands of the Lord. And a Resignation may now be made into the hands of the King as well as of the Diocesan because he has Supremam Authoritatem Ecclesiasticam as the Pope had here in times past Plowden Casu Grâ—ndon fo 498. Resort or Ressort Fr. Is a word used properly in a Writ of Tayle or Cousenage as Descent is in a Writ of right In French it signifies the Authority or Jurisdiction of a Court. Salvo tamen tam ressorto quam aliis jure nostro jure etiam alieno Lit. Pat. Philip le Hardy R. Franc. Respectu computi vicecomitis habendo Is a Writ for the respiting a Sheriffs account upon just occasion directed to the Treasurer and Barons of the Exchequer Reg. fo 139 and 179. Respite Respectus Is used for a delay forbearance or continuation of time Praecipio tibi quod poni facias in respectum usque ad aliquem terminum competentem Glanvile lib. 12. ca. 9. in Brevi Regis Respite of Homage Respectus Homagii Is the forbearance of Homage which ought first of all to be performed by the Tenant holding by Homage but it had the most frequent use in such as held by Knight-service in Capite who did pay into the Exchequer every fifth Term some small Summ of Money to be respited the doing their Homage see the Stat. 12 Car. 2. ca. 24. whereby this Respite of Homage is taken away as a charge incident or arising from Knight-service c. Respondeat superior Where the Sheriffs are removable as in London for insufficiency respondeâ—t superior that is the Mayor and Commonalty of London Pur insufficiency del Bailiff d'un Libertie respondeat Dominus libertatis 44 Ed. 3. 13. See 4 Inst fo 114. Responsalis qui Responsum defert Is he that appears for another in Court at a day assigned GIanvile lib. 12. ca. 1. But Fleâ—a lib. 6. ca. 11. makes a difference between Atturnatum Essoniatorem Responsalem as if Essoniator came onely to alledge the cause of the parties absence be he the demandant or tenant and Responsalis came for the Tenant not onely to excuse his absence but to signifie what trial he meant to
undergo viz. the Combat or the Country See Atturney Responsions Responsiones Seems to be a word used particularly by the Knights of St. John of Hierusalem for certain accounts made to them by such as held their Lands or Stocks Anno 32 Hen. 8. ca. 24. Restitution Restitutio Is a yielding up or Restoring any thing unlawfully taken from another It is also used for the setting him in possession of Lands or Tenements who had been unlawfully disseised of them which when to be done and when not see Cromp. Just of P. fo 144. usque 149. Restitutione extracti ab Ecclesia Is a writ to restore a Man to the Church which he had recover'd for his Sanctuary being suspected of Felony Reg. of Writs fo 69. a. Restitutione temporalium Is a Writ that lies where a man being elected and confirmed Bishop of any Diocess and has the Kings Royal assent thereto for the recovery of the Temporalties or Barony of the said Bishoprick Which is directed from the King to the Eschaator of the County the form whereof you have in Reg. of Writs fo 294. and in Fitz. Nat. Br. fo 269. Resummons Resummonitio Signifies a second Summons or calling a man to answer an Action where the first Summons is defeated or suspended by any occasion as the death of the party or such like See Brook tit Resummons fo 214. See of these four sorts according to four divers cases in the Table of Reg. of Writs judicial fo 1. and New Book of Entries verb. Reattachment Resummons Resumption Resumptio Is particularly used for the taking again into the Kings hands such Lands or Tenements as before upon false suggestion or other Error he had granted by Letters-Patent to any Man Brook tit Repellance Resumption fo 298. And so it is used Anno 31 Hen. 6. ca. 7. 19 Hen. 7. ca. 10 See Reseiser Retail Anno 3 4 Iid. 6. ca. 21. Qui rem integram ementes per minutiores eam partes distrahâ—bant Anglice to buy by great and sell by Retail i. by parcels Reteiner from Retineo Signifies a Servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but onely wearing his Livery and attending sometimes upon special occasions This Livery was wont to consist of Hats or Hoods Badges and other suites of one Garment by the year and were given by Lords and great Men many times on purpose for maintenance and quarrels and therefore have been justly prohibited by many Statutes as by 1 R. 2. ca. 7. upon pain of Imprisonment and grievous forfeiture to the King And again Anno 16 ejusdem ca. 4. 20 ejusdem ca. 1 2. and 1 Hen. 4. ca. 7. By which the Offenders herein should make Ransom at the Kings will and any Knight or Esquire hereby duely attainted should lose his said Livery and forfeit his Fee for ever c. which Statute is further confirmed and explained Anno 2 Hen. 4. ca. 21. and Anno 7 ejusdem ca. 3. Anno 8 Hen. 6. ca. 4. And yet this offence was so deeply rooted that Edward the Fourth was forc'd to confirm the former Statutes and further to extend the meaning of them as appears by 8 Edw. 4. ca. 2. adding a special pain of five pounds on every man that gives such Livery and as much on every one so reteined either by Writing Oath or Promise for every Moneth These by the Feudists are called Affidati And as our Reteiners are here forbidden so are those Affidats in other Countries But most of the above mentioned Statutes are repealed by 3 Car. 1. ca. 4. Retenementum from Retineo A withholding reteining or keeping back Sine ullo retenemento was a frequent expression in old Deeds Retraxit Is so called because it is the emphatical word in the Entry and is where the Plaintiff or Demandant comes in person alone or with the Defendant into Court and sayes He will proceed no further which is peremptory and a perpetual Barr and may be pleaded as such to the Plaintiff in the same Action for ever Qui semel Actionem renunciavit amplius repetere non potest Coke on Litt. lib. 2. ca. 11. S. 208. where you shall find the difference betwixt Nonsute and Retraxit Return Returna vel retorna From the Fr. retour i. Reditio reversio has two particular applications namely the return of Writs by Sheriffs and other Officers which is a Certificate made to the Court from whence the Writ issued of that which they have done touching the execution of the same Writs Of returns in this signification speaks the Statute of Westm 2. ca. 39. So is the Return of a Commission a Certificate or answer to the Court of that which is done by the Commissioners Sheriff Bailiff or others unto whom such Writs Commissions Praecepts or Mandats are directed Also certain days in every Term are called Returns or Dayes in Bank As Hillary Term has four Returns viz. Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis Easter Term five viz. Quindena Pasche Tres Pasche Mense Pasche Quinque Pasche and Crastino Assensionis Domini Trinity Term four viz. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaelmas Term six Returns viz. Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini See the Statutes of Dayes in Bank Anno 51 Hen. 3. 32 Hen. 8. ca. 21. and 17 Car. 1. ca. 6. The other Application of this word is in case of Replevin for if a man distrain Cattel for Rent c. and afterwards so justifie or avow his act that it is found lawful the Cattel before deliver'd to him that was distrained upon security given to follow the Action shall now be returned to him that distrained them Brook tit Return d'avers hommes fo 218. Returno habendo Is a Writ that lies for him who has avow'd a Distress made of Cattel and proved his Distress to be lawfully taken for the return of the Cattel distreined unto him which before were repl 〈…〉 by the party distreined upon surety given to pursue the Action or when the Plaint or Action is removed by Recordari or Accedas ad Curiam into the Court of Common Pleas and he whose Cattel were distrained makes default and doth not declare or prosecute his Action Returnum Averiorum Is a Writ Judicial and the same with Retorno Habendo granted to one impleaded for taking the Cattel of another and unjust detaining them Contra vadium Plegios and appearing upon Summons is dismissed without day by reason the Plaintiff makes default and doth not declare ut supra and it lies for the return of the Cattle to the Defendant whereby he was summoned or which were taken for security of his appearance upon the Summons Regist of Writs Judic fol. 4. a. Returnum Irreplegiabile Is a Writ Judicial sent out of the Common Pleas to the Sheriff for the final restitution or
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 Mâ—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-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 câ—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. Emulgerâ— 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
Wainnable la Bruere c. Carta Rogeri de Scales Sine dat Wainage Wainagium From the Sax. Æ¿aeen i. Plaustrum Vehiculum Mag. Char. cap. 14. And any others Uillain then ours shall be likewise amerced saving his Wainage if he fall into our mercy Sir Edward Coke 2 Part Instit fol. 28. says it signifies the Contentment or Countenance of the Villain But quaere whether it may not rather signifie the furniture or appurtenances of the Cart or Wain wherewith he was to do Villain-service See Gainage and Wannage Waitefée Tho. Spelman Filius Johannis obiit 12 Marcii 1 Eliz. dicitur in Inquisitione tenuisse Manerium de Narborough cum tertia parte Advocationis Ecclesia c. De Domina Regina ut de Manerio suo de Wingrave per servitium Militare per redditum 14 s. pro Waytefée Castlegarde valet clare per annum 34 l. 17 s. 10 d. quadrantem Patet in Schedula liberationis Joh. Spelman fratris sui 7 Aug. 5 Eliz. Perhaps a Fee to excuse his Waiting or giving Attendance at the Castle Waiviaria mulieris Is as much as Vtlagatio viri Reg. of Writs fol. 132. Many of the Kings Liege People outlawed and many waived by erroneous Process Anno 7 Hen. 4. cap. 13. See Vtlary Wakeman Sax. The Chief Magistrate of the Town of Rippon in Yorkshire so called quasi Watchman Cam. Britan. Wald Walda See Weald Walkers Are those who are otherwise called Foresters Cromp. Jurisd fol. 145. There are Foresters assigned by the King who are Walkers within a certain space of Ground assigned to their care Wall or Sea-wall Walla vel Wallia See Watergage Wallesheria or Walecheria Quod quatuor villatae propinquiores loco ubi casus homicidii vel infortunium contigerit veniant ad proximum Comitatum una cum inventore Wallesheria i. Parentela hominis interfecti ibidem praesentent factum feloniae casum infortunii c. Reperio says Spelman in nota quadam A. Wallesheria i. Parentela interfecti scilicet unus ex parte patris alius ex parte matris And concludes with Significat Wallica pars ut videtur Wang Sax. A Field also the Cheek or Jaw wherein the Teeth are set Hence with Chaucer we call the Cheek-Teeth or Grinders Wangs and Wang-teeth which is also notified in that old way of sealing writings And in witness that this is sooth I bite the Wax with my Wang tooth See Wong Wangenetheof Maneriolum de A. sit quietum de Gelth Scoth de Wreccho de Wangenetheof Danegueld c. Pat. 22 H. 4. par 1. m. 33. Quaere Wannage Wannagium Eodem anno scil 1198. Rex Angl. accepit de unaquaque carucata terrae sive Hyda totiâ—s Angliae 5 Sol. de auxilio ad quos colligendos misit idem Rex per singulos Comitatus Angliae unum Clericum etiam unum militem Qui fecerunt venire coram se Senescallos Baronum illius Comitatus qui juraverunt quot Carucarum Wannagia fuerint in singulis villis c. Ipsi vero qui electi fuerant constituti ad hoc negotium Regis faciendum statuerunt per estimationem legalium hominum ad uniuscujusque carucae Wannagium centum acras terrae Hoveden Annal. par poster fol. 443. num 30. See Wainage Quod ego H. haeredes mei villas aedisicia Wannagia ad libitum nostrum in terris praenominatis faciemus claudemus xl acras terrae ad excolendum vel ad tensandum ad libitum nostrum Mon. Angl. 2 par fol. 612. a. Here Wannagia seems to signifie Wainhouses or necessary out-houses for Husbandry Wapentake Sax. waepen-getace i. Arma tradere Is all one with that we call a Hundred as appears by Bracton lib. 3. tract 2. cap. 1. num 1. Convocentur postmodum servientes Balivi Hundredorum per ordinem irrotulentur Hundredarii sive Wapentachia nomina servientium c. Nominis autem origo non ab armorum tactu ut Hovedeno traditum sed hinc quod quoties novus esset Hundredi Dominus ei in subjectionis signum arma redderent vassalli ut Ranulfo Cestriensi observatum Lib. 1. cap. 5. Conslata voce a waepen arma Weapons Et gaetecan Tradere reddere to betake Quod Angli vocant Hundredum supradicti Comitatus vocant Wapentachium LL. Edw. Conf. cap. 33. Sir Tho. Smith de Repub. Angl. cap. 16. says to this effect That anciently Musters were taken of the Armor and Weapons of the several Inhabitants of every Wapentake and from those that could not 〈…〉 de sufficient Pledges for their good abearing their Weapons were taken away and delivered to others Lambert in his Explication of Saxon words verbo Centuria says This word is especially used in the Counties beyond Trent The Statutes Anno 3 Hen. 5. cap. 2. 9 Hen. 6. cap. 10. And 15 Hen. 6. cap. 7. make mention of Stainctif Wapentake and Frendles Wapentake in Craven in the County of York See Cam. Britan fol. 159. And Cokes 2 Part Instit fol. 99. Wapentak hoc est quietancia de sectis Hundredis quod dicitur Wapentak MS. in Bibl. Cotton sub tit Vitellius c. 9. Waranty Warrantia Is a promise or Covenant by Deed made by the bargainer for himself and his heirs to warrant or secure the Bargainee and his heirs against all men for the enjoying any thing agreed on between them And he that makes this Waranty is called Warrantus by Bracton lib. 2. ca. 19. 37. It passeth from the Seller to the Buyer from the Feoffer to the Feoffee from him that releaseth to him that is released from an Action real and such like and the form of it is thus Et ego vero praefatus A. haeredes mei praedictas quinque acras terrae cum pertinentiis suis praefuto B. haeredibus et assignatis suis contra omnes gentes warrantizabimus in perpetuum per praesentes See Glanvile lib. 3. per totum Bracton lib. 5. Tract 4. Briton ca. 105 Coke lib. 4. Nokes Case fo 81. a. Waranty Is either Real or Personal Real when it is annexed to Lands or Tenements granted for life c. and this is either in deed as by the word VVarrantizo expresly or in Law as by the vord Dedi or some other amplification Personal which either respects the property of the thing sold or the quality of it Real Waranty in respect of the Estate is either Lineal Collateral or commencing by Disseisin for which see Littleton in the last Chapter of his Tenures and Coke lib. 3. Fermors Case fo 78. a. Under this word baredes are comprised all such as the first Warranters Lands afterwards come unto either by descent or otherwise ex causâ— lucrativa Warantizare nihil aliud est quam possidentâ—m defendere Fleta lib. 5. 〈◊〉 15. Sect. 1 Bracton lib. 2. ca. 16 nu 10. By what words in a Feoâ—â—ment a Feossor shall be 〈◊〉 to Waranty see the Statute of Bigamy
be accounted of than a VVoolfs head LL. hdw. set forth by Lamb. fo 127. b. num 7. and Bracton lib. 3. Tract 2. ca. 11. See Utlary Vâ—oolfeshead VVulferford are all one Coke on Litt. fo 28 b. Wyke VVyka A Farm or little Village Et tutam Wykam cum hominibus c. Mon. Angl. 2 Par. fo 154. Wyte or Wite VVyta vcl VVita Sax. Æ¿ite i. Paena mulcta Saxones duo mulctarum genera statuere Weram Wptam Wera mortis reos gravissime peccantes liberabat Wyta mediis levioribus delictis statuta fuit non certa sed pro qualitate commissi alias gravior alias levior salvo tamen semper contenemento delinquentis ut lex loquitur in Mag. Char. ca. 14. hoc est aestimatione ejus Anglice his Countenance Ex his placitis quaedam emendantur centum solidis quaedam Wera quaedam Wyta quaedam emendari non possunt Leg. Hen. 1. ca. 13. Emendet juxta ordinis diguâ—tatem sive per redemptionem i. Were per forisfacturam i. Wite per Legis transgressionem i. Lasblite MS. de LL. Canuâ—i in Bibl. Cotton sub tit Vitellius C. 9. X. XEnia Dicuntur munuscula quae 〈◊〉 Provincialibus Rectoribus Provinciarum offerebantur Vox in Privilegiorum Chartis non insueta ubi quietos esse a Xeniis inmunes notat ab hujusmodi muneribus aliisque Donis Regi vel Reginae praestandis quando ipsi per praedia Privilegiatorum transierint ut in Chart. Domus Semplingham Principibus enim olim fuit in more a subditis vel invitis munera extorquere Itaque ab hoc jugo liberos fecit Ecclesiasticos Aethelbaldus Rex Merciorum Anno 749. ut ab exemplari Chartae suae cum apud Ingulphum Saxtum Wil. Malmsb. Lib. de Gestis Reg. Angl. p. 29. l. 4. His verbis habetur Concedo ut omni Monasteria Ecclesiae Regni mei a publicis vectigalibus operibus oneribus absolvantur Nec munuscula praebeant Regi vel Principibus nisi voluntaria Spelm. Nulla autem persona parva vel magna ab bominibus terrae Radingensis Monasterii exigat non equitationem sive expeditiunem non summagia non vectigalia non navigia non opera non tributa non Xenia c. In Memorand Scacc. de Anno 20 Edw. 3. Trin. Rot. 3. Y. YA Nay Quod homines sui Riponienses sint credendi per suum Ya per suum Nay in omnibus querelis Curiis licet tangen Fréedmortel c. Carta Athelstani Regis Yard Virga Is a well known measure of three foot in length which according to Sir Richard Baker Henry the First ordained by the length of his own Arm. See Virga Terrea Yard Land Virgata Terrae a Sax. gyrd i. Virga Is a quantity of Land various according to the place As at Wimbleton in Surrey it is but 15 Acres in other Counties 20 in some 24 in some 30 and in others 40 Acres Virgata terrae continet 24 acras 4 virgatae constituunt unam Hidam quinque Hidae constituunt feodum militare MS. Abbatiae Malmsb. This Yardland Bracton lib. 2. cap. 10. 27. calls Virg 〈…〉 m Terrae but expresseth no certainty what it contains It is called a Verge of Land Anno 28 Edw. 1. Statute of Wares See Seldens Titles of Honor fol. 622. Year and day Annus dies Is a time that determines a right in many cases and is in some an usucaption and in others a prescription as in case of an Estray if the owner Proclamation being made challenge it not within that time it is forfeit So is the year and day given in case of Appeal of Descent after entry or claim of Non claim upon a Fine or Writ of Right of the death of a Man sore bruised or wounded of Protections Essoigns in respect of the Kings Service of a Wreck and divers other cases Coke Vol. 6. fol. 107. b. and 3 Inst fol. 53. Year Day and Waste Annus dies vastum Is a part of the Kings Prerogative whereby he challengeth the profits of their Lands and Tenements for a year and a day that are attainted of Petit-Treason or Felony whosoever is Lord of the Mannor whereto the Lands or Tenements do belong and not onely so but in the end may waste the Tenement destroy the Houses Root up the Woods Gardens Pasture and Plough up Meadows except the Lord o the Fee agree with him for redemption of such Waste afterwards restoring it to the Lord of the Fee whereof you may read at large Stamf. Praerog cap. 16. fol. 44. Yelding or Yéelding and Paying Reddendo solvendo Is a corruption from the Sax. geldan and gyldan Sulvere praestare And in Domesday Gildare is frequently used for solvere reddere the Saxon g being often mistaken into Y. Yeme Is an ancient corruption of Hieme Winter as I have seen in an old Deed Reddend Ad Festum S. Martini in Yeme c. And in another of 4 Edw. 3. Thus Reddend quando dict quatuor acrae terrae sâ—miaantur somine Yemali duodecim Bussel boni legalis frumenti ad Festum Purificationis c. Yeven or Yeoven as we use at the end of Indentures and other Instruments Yeoven the day and year first above written Is a corruption from the Saxon Geofian i. Dare and is the same with Given So Dictum de Kenelworth concludes with Yeoven and proclaimed in the Castle of Kenelworth the day before the Calends of Nov. Anno 1256. Yeman or Yoman from the Sax. geman i. Communis These Camden in his Britan pag. 105. placeth next in order to Gentleman calling them ingenuos whose opinion the Statute affirms Anno 6 Ric. 2. cap. 4. And 20 Ejusdem cap. 2. Sir Tho. Smith in his Repub. Angl. lib. 1. cap. 23. calls him a Yoman whom our Laws call Legalem hominem which says he is in English a Freeman born that may dispend of his own Free-land in yearly Revenue to the sum of Forty shillings Sterling Verstegan in his restitution of Decayed Intelligence cap. 10. writes That Gemen among the ancient Teutonicks and Gemein among the Modern signifies as much as Common and that the first Letter G. is in this word as in many others turned into Y. and so written Yemen which therefore signifies Commoner Yoman signifies also an officer in the Kings House in the middle place between the Serjeant and the Groom as Yoman of the Chaundry Yoman of the Scallery Anno 33 Hen. 8. cap. 12. Yoman of the Crown Anno 3 Edw 4. cap. 5. The word Yongmen is used for Yomen in the Statute of 33 Hon. 8. cap. 10. And I have seen it written Jeman in old Deeds See Jeman Yingeman LL. Hen. 1. cap. 16. Danagildum quod aliquando Yingeman dabatur i. 12 d. de unaquaque hida per annum si ad terminum non reddatur Wita emendetur The Learned Spelman thinks this may possibly be mistaken for Inglishman or Englishman though he
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est â—stimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
Students therein do there not onely study the Laws but use such other exercises as may make them more serviceable to the Kings Court Fortescu cap. 49. Of these there are four well known viz. The Inner Temple Middle Temple Lincolns Inn and Greys Inn. These with the Two Serjants Inns and Eight Inns of Chancery do altogether to use Sir Edward Cokes words make the most famous University for Profession of Law onely or of any one Humane Science in the World Of which see Mr. Dugdales Origines Juridiciales at large Innotescimus Letters Patent so called which are always of a Charter of Feofment or some other Instrument not of Record and so called from the words in the Conclusion Innotescimus per presentes An Innotescimus Vidimus are all one See Pages Case 5 Rep. Innuendo from innuo to beck or nod with the Head to signifie a word used in Writs Declarations and Pleadings and the Office of it is onely to declare and ascertain the person or thing which was named or left doubtful before as to say he Innuendo the Plaintiff is a Theif when as there was mention before of another person Innuendo may not enlarge the sence of the words nor make a supply or alter the Case where the words are defective Huttons Rep. fol. 44. Inpeny and Outpeny In the Register of the Monastery of Cokesford pag. 25. Thus De Inpeny Outpeny consuetudo talis est in villa de East Rudham de omnibus terris quae infra Burgagium tenentur viz. Quod ipse qui vendiderit vel dederit dictam tenuram alicui dabit pro exitu suo de eadem tenurâ unum denarium pro ingressu suo Et si predicti Denarii a retro fuerint Ballivus domini distringet pro eisdem denariis in eadem tenura These words and Custom are also mentioned in the Rolls of a Court there held about the Feast of the Epiphany Anno 12 Rich. 3. Spelm. Inquirendo Is an Authority given to any person to enquire into something for the Kings advantage in what case it lies See Reg. of Writs fol. 72 85 124 265. Inquisition Inquisitio Is a manner of proceeding by way of search or examination in matters criminal by the great Enquest before Justices in Eyre It is also used in the Kings behalf in Temporal Causes and Profits in which sence it is confounded with Office Stanf. Praerog fol. 51. Inquifitors Inquisitores Are Sheriffs Coroners Super visum Corporis or the like who have power to enquire in certain Cases Stat. of Marlbridge cap. 18. Britton fol. 4. And in Westm 1. Enquirors or Inquisitors are included under the name of Ministri 2 Part. Inst fol. 211. Inrolment Irrotulatio The Registring Recording or Entring any lawful Act in the Rolls of the Chancery Exchequer Kings Bench or Common Pleas in the Hustings of London or by the Clerk of the Peace in any County As a Statute or Recognizance acknowledged or a Deed of Purchase enrolled Anno 27 H. 8. cap. 16. See West par 2. Symb. tit Fines sect 133. Insidiatores viarum Way-layers Are Woods which by the Stat. 4 Hen. 4. cap. 2. Are not to be put in Indictments Arraignments Appeals c. Insimul tenuit Is one Species of the Writ of Partition See Formdon Insinuation Anno 21 Hen. 8. cap. 5. A creeping into a Mans Minde or Favor covertly Insinuation of a Will is among the Civilians the first Production of it or the leaving it Penes Registarium in order to its Probat Inspeximus Letters Patent so called and is the same with Exemplification which begins thus Rex Omnibus Inspeximus irrotulamentum quarund literarum Patent ' c. It is called Inspeximus because it begins after the Kings title with this word Inspeximus See Pages Case 5 Rep. Instalment Anno 20 Car. 2. cap. 2. A Settlement Establishment or sure placing in sometimes it is confounded with Abatement Institution Institutio Is when the Bishop says to a Clerk who is presented to a Church-Living Instituo te Rectorem talis Ecclesiae cum cura animarum accipe curam tuam meam Every Rectory consists of a Spiritualty and a Temporalty as to the Spiritualty viz. Cura animarum he is a compleat Parson by Institution but as to the Temporalties as Gleab-land c. he has no Frank-tenant therein till Induction Cokes 4 Rep. Digbies Case The first beginning of Institutions to Benefices was in a National Synod held at Westminster by John de Crema the Popes Legate Anno 1124. which see in Seldens Hist of Tythes pag. 375. In super Anno 21 Jac. cap. 2. Is used by Auditors in their Accounts in the Exchequer when they say so much remains in super such an Accoantant that is so much is charged upon him in his account Intakers Were a kind of Theeves in Redesdale and the furthest parts of the North of England mentioned 9 Hen. 5. ca. 8. So called because they dwelling in that liberty did take in and receive such booties of Cattel and other things as their Complices the Outparters brought in to them from the borders of Scotland See Outparters Intendment of Law Fr. Entendement intellectus the Understanding Judgment Intention or true meaning of the Law Regularly Judges ought to judge according to the common Intendment of Law Coke on Litt. fo 78. Inter canem lupum Margeria filia Nicholai de Okele appellat Johannem Chose pro raptu pace Regis fracta die Martis prox c. inter canem lupum i. In crepusculo scilicet Anglice twylight i. Inter diem noctem c. Inter Plac. de Trin. 7 Edw. 1. Rot. 12. Glouc. In placito de domo combusta maliciose hora vespertina scilicet inter canem lupum venerunt malefactores c. Plac. Cor. apud Novum Castrum 24 Ed. 1. Rot. 6. Intercommoning Is where the Commons of two Mannors lie contiguous and the Inhabitants of both have time out of mind depastured their Cattel promiscuously in each of them Interdiction Interdictio Has the same signification in the Common as it hath in the Canon Law which thus defines it Interdictio est censura Ecclesiastica prohibens administrationem divinorum And so it is used 22 Hen. 8. ca. 12 25. ejusdem cap. 20. Interdicted of Water and Fire Were in old time those who for some crime were banished which Judgment though it was not by express sentence pronounced yet by giving order That no man should receive them into his house but deny them Fire and Water the two necessary elements of life they were condemned as it were to a Civil death and this was called legitimum exilium Livie Interest Interesse Is vulgarly taken for a term or Chattel real and more particularly for a future term in which case it is said in pleading that he is possessed de interesse termini But ex vi termini in legal understanding it extends to Estates Rights and Titles that a man hath of in to
or out of Lands For he is truly said to have an interest in them Coke on Litt. fo 345. b. Interlocutory Order Ordo interlocutorius Is that which non definit controversiam sed aliquid obiter ad causam pertinens decernit As where an Order is made by motion in Chancery in a Sute there depending for the Plaintiff to have an Injunction to quiet his possession till the hearing of the Cause This or any such like order which is not final is call'd interlocutory Interpleder See Enterpleder Intestates Intestati There are two kinds of Intestates one that makes no Will at all another that makes a Will and Executors and they refuse in which case he dies quasi intestatus 2 Part Inst fol. 397. Intiertie See Entierty Intrusion Intrusio Is when the Ancestor dies seiz'd of any Estate of inheritance expectant upon an estate for life and then Tenant for life dies between whose death and the entry of the Heir a stranger does interpose himself and intrude Coke on Litt. fo 277. To the same effect is Bracton lib. 4. ca. 7. Intrusio est ubi quis cui nullum jus competit in re nec scintilla juris possessionem vacuam ingreditur c. See him at large and Fleta lib 4. ca. 30. Sect. 1 2. Britton ca. 65. See Abatement Entrusion and the Stat. 21 Jac. ca. 14. Intrusione Is a Writ that lies against the Intruder Regist fo 233. Invadiationes Morgages or Pledges Confirmamus eis omnes alias donationes venditiones invadiationes eis rationabiliter factas Mon. Angl. 1. pa. fo 478. a. Inventarie Inventarium Is a list or repertory orderly made of all dead mens goods and Chattels prized by four credible Men or more which every Executor or Administrator ought to exhibit to the Ordinary at such time as he shall appoint West Part 1. Symbol lib. 2. Sect. 696. where likewise you may see the form This Inventary proceeds from the Civil Law for whereas by the ancient Law of the Romans the Heir was tied to answer all the Testators Debts by which means Inheritances were prejudicial to many men Justinian to encourage men the better to take upon them this charitable Office ordain'd That if the Heir would first make and exhibit a true Inventary of all the Testators Substance coming to his hands he should be no farther charged then to the value of it Lib. ult Cod. de Jure deliberando In ventre sa mere Fr. In the Mothers Belly Is a Writ mentioned in the Register of Writs and in Anno 12 Car. 2. ca. 24. Invest from the Fr. Invester Signifies to give possession Investitura proprie dicitur quando hasta vel aliquod corporeum traditur a Domino sayes the Feudist lib. 2. tit 2. We use likewise to admit the Tenant by delivering him a Verge or Rod into his hands and ministring him an Oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio a giving Livery of seisin or possession Invoice 12 Car. 2. ca. 34. Is a particular of the value custom and charges of any goods sent by a Merchant in another mans Ship and consign'd to a Factor or correspondent in another Country Inure Signifies to take effect or be available As the pardon inureth Stamf. Praerog fo 40. See Enure Jocalia Jewels Edward the First employ'd one Andevar ad socalia sua impignoranda Claus 29 Edw. 1. Praeterea confiderantes gratam subventionem quam praefati abbas Monachi Rading nobis fecerunt de magnis praeciosis Jocalibus ac aliis rebus suis in subsidium expensarum sumptuum quos circa praesens passagium nostrum versus partes transmarinas c. In mem Scac. de Anno 20 Ed. 3. Trin. Rot. 3. Jocarius a Jester In a Deed of Richard Abbas de Bernayo to Henry Lovet sine dat among the witnesses to it was Willielmo tunc Jocario Domini Abbatis Joclet Sax. Praediolum agri colendi portiuncula A little Farm or Mannor in some parts of Kent called a Yoklet as requiring but a small Yoke of Oxen to till it Sax. dict Jotson See Jetsen Flotson Joynder Is the coupling or joyning of two in a Sute or Action against another Fitz. Nat. Br. fo 118. and in many other places as appears in the Index verbo Joynder Joyntenants Simul tenentes or qui conjunctim tenent Are those that come to and hold Lands or Tenements joyntly by one title pro indiviso or without partition Littleton lib. 3. ca. 3. And these Joyntenants must joyntly plead and joyntly be impleaded by others which property is common between them and Coparceners but Joyntenants have a sole quality of survivorship which Coparceners have not For if there be two or three Joyntenants and one has Issue and dies he or those Joyntenants that survive shall have the whole by survivorship See Coke on Litt. fo 180. Joyning of Issue Junctio exitus See Issue Joynture Junctura Is a Covenant or Settlement whereby the Husband or some other friend in his behalf assureth to his Wife in respect of Marriage Lands or Tenements for term of her life or otherwise It is so called either because it is granted ratione Juncturae in matrimonio or because the Land in Frank-marriage is given joyntly to the Husband and Wife and after to the heirs of their bodies whereby the Husband and Wife are made Joyntenants during the Coverture Coke lib. 3. Butler and Bakers Case Ioynture is also used as the abstract of Ioyntenants Coke lib. 3. Marq. of Winchesters Case Journal Fr. A Diary or Day-book Iournals of Parliament are no Records but Remembrances they are not of necessity nor have been of long continuance See Hob. Rep. fo 109. Journ-choppers Anno 8 Hen. 6. ca. 5. Were Regraters of Yarn Whether that we now call Yarn was in those dayes called Iourn I cannot say but choppers in these dayes are well known to be changers As to chop and change is a familiar phrase See Chop-chirch Journy-man from the Fr. Iournee i. A day or days work Was properly he that wrought with another by the day though now by Statute it be extended to those likewise that covenant to work with another in their Occupation or Trade by the year Anno 5 Eliz. ca. 4. Ire ad largum To go at large to escape to be set at liberty Irregularity Irregularitas Disorder going out of Rule In the Canon Law it is taken for an impediment which hinders a man from taking Holy Orders as if he be base-born notoriously desamed of any notable Crime maimed or much deformed or has consented to procure anothers death with divers other Irrepleviable or Irreplevisable That may not or ought not by Law to be replevied or set at large upon Sureties The Distress shall remain irrepleviable Anno 13 Ed. 1. ca. 2. Isinglas Gluten piscium Is a kind of Fish-glue or Fish-gum brought from Iseland and those parts and is used in Medicines and by some in the