Terms of the Law verbo Account Expectant is used in the Common law with this word fee and thus used it is opposite to Fee simple For example Lands are given to a Man and his Wife in Frank-marriage to have and to hold to them and their Heirs In this case they have Fee-simple But if it be given to them and the Heirs of their body c. they have Tail and Fee expectant Kitchin fol. 153. Matthaeus de afflict is useth the Ad ective expectativa substantively in the same signification Descis 292. num 2. p. 412. Explees see Espleese Expeditate expeditare is a word usual in the Forest signifying to cut out the balls of the great dogs feet for the preservation of the Kings game Every one that keepeth any great Dogs not expeditated forfeiteth to the King three shillings four pence Cromptons Jurisdict fol. 152. M. Manwood useth the same word parte prim of his Forest Laws pag. 205 and pag. 212. he setteth down the manner of expeditating Dogges heretofore viz. Quòdtres ortell abscindantur sive pellota de pede anteriori that is that the three clawes of the fore-foot on the right side shall be cut off by the skin whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same manner of expeditating of Dogs shall be still used and kept and none other Quaere whence it groweth that Master Crompton and he differ the one saying that the ball of the foot is cut out the other that the three fore-clawes are pared off by the skin Expensis militum levandis is a Writ directed to the Sheriff for levying allowance for the Knights for the Parliament Regist orig fol. 191. b. Expensis militü non levandis ab hominibus de antiquo dominico nec à nativis is a Writ wherby to prohibit the Sheriff from levying any allowance for the Knights of the Shire upon those that hold in ancient Demesn c. Reg. orig fol. 261. b. Extend extendere cometh of the French estendre i. dilatare dispandere distendere and signifieth in our Common law to value the Lands or Tenements of one bound by Statute c. that hath forfeited his bond to such an indifferent rate as by the yearly rent the Obligor may in time be payd his debt The course and circumstances of this see in Fitz. h. nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a Writ ordinarily called a Writ of Extent whereby the value of Lands c. is commanded to be made and levied in divers cases which see in the Table of the Register original Extent extenta hath two significations sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands or Tenements Register judicial in the Table of the Book Sometime the Act of the Sheriff or other Commissioner upon this Writ Brook titulo Extent fol. 313. Extinguishment in our Common law signifieth an effect of consolidation For example if a man have due unto him a yearly rent out of any Lands and afterward 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 In like manner it is where a man hath a Lease for years and afterward buyeth the property this is a consolidation of the property and the fruits and is an extinguishment of the Lease See the Terms of Law Extirpatione is a Writ judicial that lieth against him who after a verdict found against him for Land c. doth maliciously overthrow any house upon it c. and it is two-fold one ante judicium the other post judicium Register judicial fol. 13.56.58 Extortion Extortio signifieth in our Common law an unlawful or violent wringing of money or money-worth from any man For example if any Officer by terrifying any the Kings subjects in his office take more than his ordinary duties he committeth and is inditeable of Extortion To this by M. Wests judgement may be referred the exaction of unlawful Usury winning by unlawful Games and in one word all taking of more than is due by colour or pretence of right as excessive toll in Milners excessive prizes of Ale Bread Victuals Wares c. West parte 2. Symbol titulo Indictments Sect. 65. M. Manwood saith that Extortion is Colore officii and not virtute officii parte 1. of his Forest laws pag. 216. M. Crompton in his Justice of Peace fol. 8. hath these words in effect Wrong done by any man is properly a Trespasse but excessive wrong done by any is called Extortion and this is most properly in officers as Sheriffes Maiors Bailiffes Escheatours and other Officers whatsoever that by colour of their Office work great oppression and excessive wrong unto the Kings subjects in taking excessive reward or fees for the execution of their office Great diversity of cases touching Extortion you may see in Cromptons Justice of Peace fol. 48. b. 49. 50. See the difference between colore officii virtute vel ratione officii Plow casu Dives fol. 64. a. This word is used in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum vel quod est ultra debitum vel ante tempus petit id quod post administratam justitiam debetur Extreats See Estreats Eyre See Eire FA. FAculty Facultas as it is restrained from the original and active signification to a particular understanding in Law is used for a privilege or especiall power granted unto a man by favour indulgence and dispensation to do that which by the Common law he cannot do as to eat flesh upon dayes prohibited to marry without Banes first asked to hold two or more Ecclesiastical Livings the Son to succeed the Father in a Benefice and such like And for the granting of these there is an especial Officer under the Arch-bishop of Canterbury called Magister ad Facultates the Master of the Faculties Fag anno 4 Ed. 4. cap. 1. Faint and false action seem to be Synonyma in Litleton fol. 144. for faint in the French tongue signifieth as much as feigned in English Faint pleader falsa placitatio cometh of the French feint a Participle of the Verb feindre i. simulare fingere and pledoir i. placitare It signifieth with us a false covenous or collusory manner of pleading to the deceit of a third party anno 34. 35. H. 8. cap. 24. Faire aliàs Feire feria cometh of the French feire and signifieth with us as much as Nundinae with the Civilians that is a solemn or greater sort of Market granted to any Town by privilege for the more speedie and commodious provision of such things as the subject needeth or the utterance of such things as we abound in above our own uses and occasions both our
his right hand upon a book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall owe my fealty to you for the Land that I hold of you at the Terms assigned So help me God and all his Saints When a Villain shall do fealty unto his Lord he shall hold his right hand over the book and shall say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall owe you fealty for the Land that I hold of you in Vilienage and shall be justified by you in body and goods So help me God and all his Saints See the Regist. orig fol. 302. a. Fee Feodum aliàs Feudum cometh of the French fief i. praedium beneficiarum vel res cliextelaris and is used in our Common law for all those lands which we hold by perpetual right as Hotoman well noteth verb. Feodum de verbis feudalibus Our ancient Lawyers either not observing whence the word grew or at least not sufficiently expressing their knowledge what it signified among them from whom they took it Feudum whence the word Fief or Fee cometh signifieth in the German language beneficium cujus nomine opera quaedam gratiae testificandae causa debentur Hot. disput cap. 1. And by this name go all Lands and Tenements that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject do divide all Lands and Tenements wherein a man hath a perpetual estate to him and his Heirs c. into Allodium Feudum Allodium is defined to be every mans own land c. which he possesseth meerly in his own right without acknowledgement of any service or payment of any rent unto any other and this is a property in the highest degree and of some it is called Allaudium ab à privativa particula laudum vel laudatio ut sit praedium cujus nullus author est nifi deus Est enim laudare vel Novio teste nominare Quod Budaeus docuit ad Modestinum 1. Herennius 63. π. de haere institut Prataeus verbo Allaudium Hotoman in verb. feud Feudum is that which we hold by the benefit of another and in the name whereof we owe 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 the right of his Crown excepted is in the nature of Feudum or Fee for though many a man hath land by descent from the Ancestors and many another hath dearly bought land for his money yet is the land 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 from him So that if we will reckon with our Host as the proverb is there is no man here that hath directum dominium i. the very property or demain in any Land but the Prince in the right of his Crown Cambd. Britan. pag. 93. for though he that hath Fee hath jus perpetuum utile domixium yet he oweth a duty for it and therefore is it not simply his own Which thing I take those words that we use for the expressing of 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 Seisitus inde in dominico meo ut de feudo and that is as much as if he said it is my demain or proper land after a sort because it is to me and mine Heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the statut an 37 H. 8. c. 16. useth these words of lands invested in the Crown but it proceedeth from the ignorance of the nature of this word Fee for see cannot be without fealty sworn to a superiour as you may read partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman both in his Commentaries and Disputations And no man may grant that our King or Crown oweth fealty to any superior but God onely Yet it may be said that land c. with us is termed fee in two respects one as it belongeth to us and our Heirs for ever and so may the Crown-lands be called Fee the other as it holdeth of another which is and must be far from our Crown Britton c. 32. defineth fee to this effect Fee is a right consisting in the person of the true Heir or of some other that by just title hath purchased it Fletz saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis sive sit tenementum sive reditus qui non proveniunt ex camera alio modo dicitur feudum sicut ejus qui feoff at quod quis tenet ab alio sicut dicitur talis tenet de tali tot seuda per servitium militare lib. 5. cap. 5. § Feudum autem And all that write de feudis do hold that Feudataerius hath not an entire property in his fee Nay it is held by right learned men that these Fees were at the first invention or creation of them either all or some of them temporary and not perpetual and hereditary Jacobutius de Franchis in praeludio feud cap. 2. num 133. The divisions of fee in divers respects are many and those though little known to us in England yet better worthy to be known than we commonly think But for our present purpose it is sufficient to divide Fee into two sorts Fee-absolute otherwise called Fee-simple and Fee-conditional other-wise termed Fee-tail Fee simple Feudum simplex is that whereof we are seiled in these general words To us and our Heirs for ever Fee-tail Feudum taliatum is that whereof we are seised to us and our Heirs with limitation that is the Heirs of our body c. And Fee-tail is either general or special General is where land is given to a man and the Heirs of his body The reason whereof is given by Litleton cap. 2. lib. 1. 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-Fee-tail special is that where a man and his wife be seised of lands to them and the Heirs of their two bodies The reason is likewise given by Litleton in the same place 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 specially given to
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only understood where a man hath inheritance of Lands and Tenements by descent of heritage but also every fee simple or fee tail that a man hath by his purchase may be said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath 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 fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be 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 Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes 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 fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri 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 be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
Remembrancers of the Exchequer Rememoratores be three Officers or Clerks one called the Kings Remembrancer anno 35 El. cap. 5. The other the Lord Treasurers Remembrancer upon whose charge it seemeth to lye that they put all Justices of that Court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and dealt in for the Princes behoof The third is called the Remembrancer of the first-fruits Of these you may read something anno quinto Rich. 2. stat pri cap. 14. 15. to the effect above specified These anno 37 Ed. 3. cap. 4. be called Clerks of the Remembrance It seemeth that the name of this Officer is borrowed from the Civilians who have their Memorales qui sunt notarii Cancellâ—riae in regnò subjecti officio Quaestoris Lucas de penna C. lib. 10. tit 12. nu 7. The Kings Remembrancer entreth in his Office all recognisances taken before the Barons for any the Kings Debts for apparences or for observing of Orders He takes all bonds for any of the Kings debts or for appearance or for observing of Orders and maketh Proces upon them for the breach of them He writeth Proces against the Collectors of customs and 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 are remaining in his Office He maketh the Bills of compositions upon penal Laws taketh the stallments of debts maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber of the fines there set and sendeth them to the Pipe He hath delivered unto his Office all manner of indentures fines and other evidences whatsoever that concern the assuring of any lands to the Crown He yearly in crastino animarum readeth in open Court the Statute for the election of Shyreeves and giveth those that chuse them their oath he readeth in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers remembrancer maketh process against all Shyreeves Escheators Receivers and Bayliffs for their accompts He maketh process of Fierifacias and Extent for any debts due to the King either in the Pipe or with the Auditors He maketh process for all such Revenew as is due to the King by reason of his Tenures He maketh Record whereby it appeareth whether Shyreeves and other accountants pay their profers due at Easter and Michaelmas He maketh another Record whereby it appeareth whether Shyreeves and other Accountants keep their daies of prefixion All Extreats of Fines Issues and Amerciaments set in any Courts of Westminster or at the Assises or Sessions are certified into his Office and are by him delivered to the Clerk of Extreats to write Proces upon them He hath also brought into his Office all the accompts of Customers Controllers and other accomptants to make thereof an entry of Record The Remembrancer of the first fruits taketh all compositions for first Fruits and Tenths and maketh Process against such as pay not the same Remitter commeth of the French remettre i. restituere reponere and signifieth in our Common law a restitution of one that hath two Titles to Lands or Tenements and is seised of them by his latter Title unto his Title that is more antient in case where the latter is defective Fitzherberâ— natura brev fol. 149. F. Dyer folio 68. num 22. This in what Case it may be granted to any man see in Brook titulo Remitter and the Terms of Law The Doctor and Student of this matter hath these words If land descend to him that hath right to that Land before he shall be remitted to his better Title if he will Ca. nono fo 19. b. See the new Book of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our Common law the self-same thing For example this word is used in levying of a fine For a Fine is either single by which nothing is granted or rendred back again by the Cognizee to the Cognizour or double which containeth a grant or render back again of some Rent common or other thing out of the Land it self to the Cognisor c. West parte 2. Symbol titulo Fines Sect. 21 30. F. Also there be certain things in a Manor that lie in Prender that is which may be taken by the Lord or his Officer when they chance without any offer made by the Tenant as the Ward of the body of the Heir and of the Land Escheats c. and certain that lye in Render that is must be delivered or answered by the Tenant as Rents Reliefs Heriots and other services Idem codem Sect. 126. C. Also some service consisteth in seisance some in Render Perkins Reservations 696. Rent reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with us a sum of mony or other consideration issuing yearly out of Land or Tenements Plowden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of Rents observed by our Common Lawyers that is Rent service Rent charge and Rent seck Rent service is where a man holdeth his Land of his Lord by Fealty and certain Rent or by Fealty Service and certain Rents Littleton lib. 2. cap. 12. fol. 44. or that which a man making a Lease to another for term of years reserveth yearly to be paid him for the same Terms of Law verbo Rents who giveth this Reason thereof because it is in his liberty whether he will distrein or bring an action of Debt A Rent charge is that which a man making over an estate of his Land or Tenements to another by deed indented either in fee or fee tail or lease for term of life reserveth to himself by the said Indenture a sum of Mony yearly to be paid unto him with clause of distress or to him and his heirs See Littleton ubi supra A Rent seck otherwise a dry Rent is that which a man making over an Estate of his Land or Tenement by Deed indented reserveth yearly to be paid him without clause of Distresse mentioned in the Indenture Littleton ubi supra And Terms of the Law verbo Rents See the new Expositor of Law Terms See Plowden casu Browning fol. 132. b. See the differences between a Rent and an Annuity Doctor and Student cap. 30. Dialog primo Reparatione facienda is a writ which lyeth in divers cases whereof one is where three be Tenants in Common or Joynt tenents or pro indiviso of a Mill or house which is fallen into decay and the one being willing to repair it the other two will not In this Case the party willing shall have this writ against the other two Fitz. nat br fol. 127. where read at large the form and many uses of this writ as also in the Regi orig fol. 153. b. Repeal commeth of the French Rappel i. Revocatio and
writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoins Clerk of the Outlawries Whose distinct functions look in their places See Common Bench. Common day in plee of land anno 13 R. 2. stat 1. cap. 17. signifieth an ordinary day in the Court as Octavis Michaelis quindena Pascae c. as you may see in the statute made an 51 H. 3. concerning general dayes in the Bench. Common house of Parliament is used for the nether house because the Commons of the Realm that is the Knights of the Shires and Burgesses possesse that house Crompton jurisd 9. Commotes seemeth to be compounded of the Preposition con and mot i. dictio verbum and signifieth in Wales a part of a Shire as an Hundred anno 28 H. 8. cap. 3. It is written Commoiâ—hes anno 4 H. 4. cap. 17. and is used for a gathering made upon the people as it seemeth of this or that Hundred by Welsh Minstrels Common law communis lex hath three divers significations which see in the Author of new terms of law verb. Common law Communi custodia is a writ that lyeth for that Lord whose Tenant holding by Knights service dyeth and leaveth his eldest Son under age against a stranger that entreth the land and obtaineth the ward of the body It may seem to take the name from the Common custome or right in this case which is that the Lord have the wardship of this Tenant until his full age or because it is common for the recovery both of Land and Tenant as appeareth by the form thereof Old nat br fol. 89. See also the Register orig fol. 161. a. Communi placito non tenendo in scaccario is a a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Pleâ— between two common persons in that Court ther of them belonging toward the said Court Register orig fol. 187. b. Companion of the Garter is one of the Knights of that most noble and honourable order anno 24 H. 8. cap. 13. See Garter Compromis compromissum is a mutual promise of two or more parties at difference to referre the ending of their Controversies to the arbitriment and equity of one or more arbitratours West defineth it thus parte 2. symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence between persons at controversie given to arbitratours by the parties mutual private consent without publike authority Computo is a writ so called of the effect because it compelleth a Bailiff Chamberlain or Receiver to yeeld his account Old nat br fol. 58. It is founded upon the statute of West 2. c. 2. an 13 E. 1. which for your hetterunderstanding you may read And it lyeth also for executours of executours anno 15 Ed. 3. statut de provis victual cap. 5. Thirdly against the gardian in Socage for waste made in the minority of the heir Marbl cap. 17. And see farther in what other cases it lyeth Register orig fol. 135. Old nat br ubi supra Fitzh nat br fol. 116. Concealers be such as find out concealed lands that is such lands as are privily kept from the King by common persons having nothing to shew for them anno 39 Eliz. cap. 22. They be so called à concelando as mons à movendo per antiphrasin Concord concordia is in the Common law by a peculiar signification defined to be the very agreement between parties that intend the levying of a Fine of lands one to the other who and in what manner the land shall passe For in the form thereof many things are to be considered West parte 2. Symbol titulo fines and concords sect 30. whom read at large Concord is also an agreement made upon any trespasse committed between two or more and is divided into a Concord executory and a Concord executed See Plowden casu Renigâ—r Fogassa fol. 5. 6. where it appeareth by some opinion that the one bindeth not as being imperpect the other absolute and tyeth the partieâ— and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and do no lesse bind than agreements executed fol. 8. b. Concubinage concubinatus is an exception against her that sueth for her Dower whereby it is alleged that she was not a wife lawfully married to the partie in whose lands she seeketh to be endowed but his Concubine Britton cap. 107. Bract. l. 4. tract 6. cap. 8. Condition conditio is a rate manner or law annexed to mens acts staying or suspending the same and making them uncertain whether they shall take effect or no West part 1. symb li. 2. Sect. 156. In a Lease there may be two sorts of conditions condition collateral or condition annexed to the rent Sir Edward Coke lib. 3. Pennants case fol. 64. Collateral condition is that which is annexed to any collateral act as that the Leassee shall not go to Rome ib. fol. 65. Condition is also divided into condition in deed or fact and condition in Law which otherwise may be termed condition expressed and condition implyed Perkins Conditions 722. These and other like divisions of conditions you may read in the Author of the new Termes of Law verbo condition And in Litleton lib. 3. cap. 5. Conders may seem to proceed from the French Conduire 1. deducere gubernare they be such is stand upon high places near the Sea-coast at the time of Herring-fishing to make signes with Boughes c. in their hand unto the Fishers which way the shole of Herrings passeth For that may better appear to such as stand upon some high cliff on the shore by a kind of blew colour that the said Fish causeth in the water than to those that be in the Ships These be otherwise calleth Huers by likelihood of the French huyer i. exclamare and balkers as appeareth by the statute anno 1 Jacob. cap. 23. Cone key Bracton lib. 2. cap. 37. nu 3. Look Cover and Key Confirmation confirmatio is a strengthening of an estate formerly had and yet voidable though not presently void For example a Bishop granteth his Chancelership by Patent for the term of the Patentee his life this is no void grant but voidable by the Bishops death except it be strengthened by the confirmation of the Dean and Chapter See more of this in West parte prim symb lib. 2. sect 500. and Fitzh nat br fol. 169. B. 226 H. 271 D. 163. G. and Littleton lib. 3. cap. 9. Confiscate confiscatus may be said to come either from the Latine confiscare or the French confisquer i. in publicum addicere All these words are drawn from fiscus which originally signifieth a Hamper Pannier Basket or Freil but Metonymically the Emperours Treasure because it was antiently kept in such Hampers c. And though our King keep not his Treasure in such things yet as the Romans said that such goods
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of the Sea So that when you are out of the Main Sea within the Haven look how many landing places you have so many Creeks may be said to belong to that Haven See Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that a Woman divorced from her Husband hath to recover lands or tenements from him to whom her husband did alienate them during the marriage because during the marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
writing against Marsin Luther in the behalf of the Church of Rome then accounted Domicilium fidei Catholicae Stows annals pag. 863. Deforsour deforciator cometh of the French Forceur i. expugnator It is used in our Common law for one that overcometh and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton cap. 53. next because a man may deforce another that never was in possession as for example if more have right to lands as Common heirs and one entring keepeth out the rest the Law saith that he deforceth them though he do not disseise them Old nat br fol. 118. and Litleton in his Chapter Disconti nuance fol. 117. saith that he which is enfeoffed 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 entred when the Tenant in tail was living and the Heir had no present right And a Deforsor differeth from an intrudour because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour Bracton lib. 4. cap. pri and a Deforsour is also by holding out the right He iras is above said Deliverances See Repligiare Demand demanda vel demandum cometh of the French Demande i. postulatio postulatus and signifieth a calling upon a man for any thing due It hath likewise a proper significatioÌ„ with the Common Lawyers opposite to plaint For the pursute of all civil actions are either demands or plaints and the persuer is called Demandant or Plaintiff viz. Demandant in actions real and Plaintiff in personal And where the party perfuing is called Demandant there the party persued is called Tenant where Plaintiff there Defendant See Terms of Law verbo Demandant Demy haque See Haque and Haquebut Demain Dominicum is a French word otherwise written Domaine and signifieth Patrimonium Domini as Hotoman saith in verbis feudalibus verbo Dominicum where by divers authorities he proveth those Lands to be dominicum which a man holdeth originally of himself and those to be feodum which he holdeth by the benefit of a superiour Lord. And I find in the Civil Law Rem dominicam for that which is proper to the Emperor Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur being the 38 title of the 7 book And Res dominici juris i. reipub in the same place And by the word Domanium or Demanium are properly signified the Kings Lands in France appertaining to him in property Quia Domanium definitur illud quod nominatim consecratum est unitum incorporatum Regiae coronae ut scripsit Chopinus de domanâ—o Franciae tit 2. per legem Si quando 3. Cod. de bon vacan lib. 10. Mathaeut de Afflictis in consti Siciliae lib. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus fisci redacta Skene de verborum signif verb. Terrae Dominicales In like manner co we use it in England howbeit we here have no land the Crown-land onely excepted which holdeth not of a Superior For all dependeth either mediatly or immediately of the Crown that is of some honour or other belonging to the Crown and not graunted in fee to any inferiour person Wherefore no common person hath any Demaines simply understood For when a man in pleading would signifie his land to be his own he saith that he is or was seised therof in his demain as of Fee Litleton l. 1. c. 1. Whereby he signifieth that though his land be to him and his Heirs for ever yet it is not true Demain but depending upon a superior Lord and holding by service or rent in lieu of service or by both service and rent Yet I find these words used in the Kings right anno 37 H. 8. cap. 16. and 39 Eliz. cap. 22. But the application of this speech to the King and crown land is crept in by errour and ignorance of the word Fee or at least by understanding it otherwise than of the Feudists it is taken But Britton cap. 78. sheweth that this word demeyn is diversly taken sometime more largely as of Lands or Tenements held for life c. and sometime more strictly as for such onely as are generally held in see This word sometime is used for a distinction between those lands that the Lord of a Mannor hath in his own hands or in the hands of his Leassee dimised upon a rent for tearm of years or life and such other land appertaining to the said Mannor which belongeth to free or copy-holders Howbeit the copy-hold belonging to any Manor is also in the opinion of many good Law yers accounted Demeines Bracton in his fourth Book tract 3. cap. 9. num 5. hath these words Item dominicum accipitur multipliciter Est autem dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands anglicè Itèm dicitur dominicum villenagium quod traditur villanis quod quis teÌ„pestivè intempestive sumere possit pro voluntare sua revocare Of this Fleta likewise thus writeth DominicuÌ„ est multiplex Est auteÌ„ DominicuÌ„ propriè terra ad mensaÌ„ assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiviè pro voluntate domini poterit revocari sicut est de terra commissa tenenda quà m diu commissori placuerit poterit dici Dominicum de quo quis babet liberuÌ„ tenementuÌ„ alius usufructum etiaÌ„ ubi quis habet liberuÌ„ tenementuÌ„ alius curaÌ„ sicut de custode dici poterit curatore unde urus dicitur à jure alius quoque ab homine Dominicum etiam dicitur ad differentiam ejus quod tenetur in servitio Dominicum est omne illud tenementum de quo antecessor oblit seâ—situs ut de feudo nec refert cum usufructu vel sine de quo sie ectus esset si viveret recuperare posset per assisam nomine disseisinae licet alius haberet usum fructum sicut dici poterit de illis qui tenent in villenagio qui utuntur fruuntur non nomine proprio sed omine Dominâ— sui Flet. lib. 5. cap. 5. sect Dominicum autem And the reason why Copy-hold is accounted Demeans is because they that be Tenents unto it are judged in law to have no other right but at the will of the Lord. So that it is reputed still after a sort to be in the Lords hands And yet in common speech that is called ordinarily Demeans which is neither free nor copy It is farther to be noted that Demain is sometime used in a more special signification and is opposite to Frank-fee For example those lands which were in the possession of King Edward the Confessour
permitteth it is by Law guilty of the fault committed by him that escapeth be it Felony Treason or Trespass Negligent escape is when one arrested and afterwards escapeth against his will that arrested him and is not pursued by fresh sute and taken again before the party pursuing hath lost the sight of him Idem cap. 27. But there read more of this matter for there be doubts worth the consideration And of the course of punishment by the Civil Law in this point read in Practica criminali Claudii de Battandier reg 143. read also Cromptons Justice fol. 35. b. fol. 36. 37. and read the new Terms of Law There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forrest is delivered of that punishment which by order of the forrest lyeth upon those whose beasts be found within the land forbidden Cromptons Jurisdict fol. 196. Eschequer Scaccarium cometh of the French Eschequier i. abacus tabula lusoria and signifieth the place or Court of all receipts belonging to the Crown and is so termed as I take it by reason that in ancient times the accomptants in that Office used such Tables as Arithmetitians use for their calculations for that is one signification of Abacus amonst others Polydor. Virgil. lib. 9. hist Anglc. saith that the true word in Latine is Statarium and by abuse called Scaccarium In mine opinion it may well seem to be taken from the German word Schatz signifying as much as Thesaurus or Fiscus And from this fountain no doubt springeth the Italian word Zecchâ—â— signifying a mint and Zecherit aliâs Zechieri the Officers thereunto belonging Descis Geâ—uen 134. M. Cam. in his Britan. pag. 113. saith that this Court or office took the name à tabula ad quam assidebant proving it out of Gervasius Tilburiensis whose words you may read in him This Court is taken from the Normans as appeareth by the Grand Custumarie cap. 56. where you may find the Eschequier thus described The Eschequier is called an assembly of High Justiciers to whom it appertaineth to amend that which the Bailiffes and other meaner Justiciers have evil done and unadvisedly judged and to do right to all men without delay as from the Princes mouth Skene de verbo Significatione verbo Scaccarium hath out of Paulus Aemilius these words Saccarium dicitur quasi S. at arium quòd homines ibâ— in jure sistantur vel quòd sit stataria perennis curia cum caeterae curiae essent indictivae nec loco nec tempore state where he saith also of himself that in Scotland the Eschequer was stable but the other Session was deambulatorie before James the fist qui instituit Statariam curiam cum antea esset indictiva he addeth farther Others think that Scaccarium is so called à similitudine ludi Scaccorum that is the play of the Chests because many persons meet in the Chequer pleading their causes one against the other as if they were fighting in arraied battel Others think that it cometh from an old Saxon word Scata as writeth S. Thomas Smith which signifieth Treasure taxation or Imposts whereof account is made in the Chequer This Court consisteth as it were of two parts whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers anciently called Scaccarium computorum as Ockam testifieth in his lucubrations the other is called the receipt of the Exchequer which is properly imployed in the receiving and payment of money Crompton in his Jurisdictions fol. 105. defineth it to be a Court of Record wherein all causes touching the revenues of the Crown are handled The officers belonging to both these you may find named in M. Camddens Britannia cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled in Westminster was in divers Counties of Wales anno 27 H. 8. cap. 5. but especially cap. 26. Escheate Eschaeta cometh of the French escheoir i. cadere accidere excidere and signifieth in our Common law any lands or other profits that fall to a Lord within his Manor by way of forfeiture or the death of his Tenent dying without Heir general or especial or leaving his Heir within age or unmarried Magna Charta c. 31. Fitzh nat br f. 143. T c. Escheat is also used sometime for the place circuit within the which the King or other Lord hath escheats of his Tenents Bracton lib. 3. tract 2. cap. 2. pupilla oculi parte 2. cap. 22. Escheat thirdly is used for a VVrit which lieth where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord dyeth seised without Heir general or especial For in this case the Lord bringeth this VVrit against him that possesseth these Lands after the death of his Tenentâ— and shall there by recover the same in lieu of his services Fitzh nat br fol. 144. These that we call Escheats are in the Kingdom of Naples called Excadentia or bona excadentiala as Baro locat excadentias eo modo quo locatae fuerunt ab antiquo it a quod in nullo debita servitia minuantur non remittit Gallinam debitam Jacobutius de Franchis in praeludiis ad feudorum usum tit 1. num 29. num 23. v. Maramae singularia verbo Excademia And in the same signification as we say the Fee is escheated the Feudists use feudum aperitur lib. 1. feudal titulo 18. § 2. titul 15. titul 26. § 4. Escheatour Escaetor cometh of Escheat and signifieth an officer that observeth the Escheats of the King in the County whereof he is Eseheatour and certifieth them into the Exchequer This officer is appointed by the L. Treasurer and by Letters Patents from him and contineth in his office but one year neither can any be Escheatour above once in three years anno 1 H. 8. cap. 8. anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace See anno 29 Ed. 1. The form of the Escheatours oath see in the Register original fol. 301. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a Record Officium escaetriae is the Escheatourship Regist orig fol. 259. b. Escuage Scutagium cometh of the French escu i. clypeus a buckler or shield In our Common law it signifieth a kind of Knights service called service of the Shield whereby the Tenent holding is bound to follow his Lord into the Scotish or Welsh wars at his own charge for the which see Chivalrie But note that Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights service being subject to homage fealty ward and marriage so called because it is uncertain how often a man shall be called to follow his Lord into those wars and again what his charge will be in
Terra scripto saith that land in the Saxons time was called either Bockland that is holden by book or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the better sort of tenents as Noble-men and Gentlemen being such as we now call free hold the later was commonly in the possession of clowns being that which wee now call at the will of the Lord I find in the Register judiciall fol. 68. a. and in divers other places that hee which holdeth land upon an execution of a Statute Merchant untill he be satisfied the debt tenet ut libe um tenementum sibi assignatis suis and fol. 73. b. I read the same of a tenent per elegit where I think the meaning is not that such tenents be free-holders but as free-holders for their time that is untill they have gathered profits to the value of their debt Freeholders in the antient Laws of Scotland were called Milites Skene de verb. signif verb. Milites The D. and Student saith that the possession of land after the law of England is called frank tenement or freehold fol. 97. a. Frenchman Francigenia was wont to be used for every outlandish man Bracton li. 3. tract 2. cap. 15. See Englerecy Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta lib. 1. cap. 47. Frendles man was wont to be the Saxon word for him whom wee call an out-law And the reason thereof I take to be because hee was upon his exclusion from the Kings peace and protection denied all help of frien as after certain dayes Nam forisfecit amicos Bract. lib. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli utlaugh alio nomine antiquitus solet nominari sc Frendles man sic viaetur quod foris fecit amicos unde si quis talem post utlagariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel receptaverit vel occultaverit eâdem paenâ puniri debet quà puniretur utlagatus ita quòd careat omnibus bonis suis vita nisi Rex ei parcat de sua gratia Fresh disseisin Frisca disseisina cometh of the french Fraiz i. recens disseisir i. possessione eâ—cere It seemeth to signifie in our Comon law that disseisin that a man may seek to defeat of himself by his own power without the help of the king or Judges Britton c. 5. and that such desseisin as is not above 15. dayes old Bract. lib. 4. cap. 5. whom you may read at large of this matter concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a year See him also ca. 44. Fresh fine is that which was levied within a year past West 2. ca. 45. an 13. Ed. 1. Fresh force frisca fortia is a force done within forty dayes as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any City or Borough or deforced from them after the death of his Ancestor to whom hee is heir or after the death of his tenent for life or in tail he may within forty dayes after his title accrued have a Bill out of the Chancerie to the Maior c. See the rest Fresh sute recens insecutio is such a present and earnest following of an offendour as never ceaseth from the time of the offence commited or espied untill he be apprehended And the effect of this in the pursure of a Felon is that the partie pursuing shall have his goods restored him again whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall find handled at large what sure is to be accounted fresh and what not And the same Author in his first book cap. 27. saith that fresh sute may continue for seven years See Cokes reports lib. 3. Rigew iâ—s case Fresh sute seemeth to be either within the view or without for M. Manwood saith that upon fesh suit within the view Trespassers in the Forest may be attached by the officers pursuing them though without the limits and bounds of the Forest parte 2. cap. 19. num 4. fol. 121. Froborgh alias Fridburgh alias Frithborg Frideburgum cometh of two Saxon words Freo i. liber ingenuns and borgh i. fidejussor or of Frid i. pax and Borgha 1. sponsor this is otherwise called after the french Frank pledge the one being in use in the Saxons time the other sithence the Conquest wherefore for the understanding of this read Franck pledge That it is all one thing it appeareth by M. Lamberd in his explication of Saxon words verbo Centuria And again in the laws of king Edward set out by him fol. 132. in these words Praeterea est quaedam summa et maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freeborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum Haec securitas hoc modo fiebat quod deomnibus villis totius regni sub decennals fidejussione debebant esse universi ita quod si unus ex decem forisfecerit novem ad rectum eum haberent quod si aufugeret daretur lege terminus ei 31. dierum ut quaesitus interim inventus ad justitiam Regis adduceretur de suo illico restauraret damnum quod fecerat Etsi ad hoc forisfaceret de corpore suo justitia fieret Sed si infra praedictum terminum invenire non posset c. as in the book Bracton maketh mention of Fridburgum lib. 3. tract 2. cap. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes armigeres sc 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 cos ad rectum si non habucrint solvant pro cis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastu Out of these words I learn the reason why great men were not combined in any ordinary Dozeine and that is because they were a sufficient assutance for themselves and for their menial servants no lesse than the ten were one for another in ordinary Dozeins See Frank pledge See Skene de verborum significatione verb. Freiborgh Fleta writeth this word Fruhborgh and useth it for the principal man or at the least for a man of every Dozein Frithborgh saith he est laudabilis homo testimonit liber vel servus per quem omnes juxta
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his Lands if he hold any by Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh not is the Guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service hold in capite or of another Lord or some of the King and some of another If of the King whether of the King alone or not all is one For the King in this case is Guardian to the heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold of a common Lord it is either of one alone or more if of one onely then is he Guardian of both person and Lands if of more then the Lord of whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the Land holdeth The second him that hath the right by his inheritance and seignorie Old nat br fol. 94. Then is there Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear the same title on the opposite part of the Sea whose office was to strengthen the Sea Coasts with Munition against the outrages and robberies of the Barbarians And farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the Court with parties sufficient throughly to determine the cause because untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same
abate rents or prices of victuals anno pri Mar. 12. anno 1 Eliz. cap. 17. See West parte 2. symb titulo Inditem Sect. 65. And Cromptons Justice of peace fol. 41. b. Rebutter commeth of the French Bouter i. pellere impellert propellere intrudere and signifyeth in our Common law the same thing For example a man giveth land to him and the issue of his body to another in fee with warranty And the Donee leaseth out his Land to a third for years The heir of the Donour impleadeth the Tenant alleging that the Land was in tayl to him The Donee commeth in and by vertue of the warranty made by the Donor repelleth the Heir because though the land were intailed to him yet he is beiâ— to the warrantee likewise and this is called a Rehutter See Brook titulo barre num 23. And again if I grant to my Tenent to hold sine impetitione vasti and afterward I implead him for waste made he may debar me of this action by shewing my grant And this is likewise a Rebutter idem eodem num 25. See the new book of Entries verbo Rebutter Renant an 32 H. 8. ca. 2. Recaption recaptio signifieth a second distresse of one formerly distreined for the self same cause and also during the plea grounded upon the former distresse It likewise signifieth a writ lying for the party thus distreâ—ned the form and further use whereof you may see in Fitz. nat br fol. 71. and the Regist. orig fo 86. and the Register Judicial fo 69. and the new book of Entries verb. Recaption Receyver receptor or receptator generally and indefinitely used is as with the Civilians so also with us used commonly in the evil part for â—uch as receive stollen goods from theeves and conceal them li. 1. Ï€ de receptatoribus But annexed to other words as the receiver of rents c. it signifieth many times an officer of great account belonging to the King or other great personage Cromptons Jurisdict fol. 18. There is also an officer called the Receiver of Fines who receiveth the mony of all such as compound with the King in the office of the Finances for the buying of any lands or tenements holden in Capite West parte 2. symb titulo Fines sect 106. Receiver of all offices accountable an 1 Ed. 4. cap. 1. Receiver general of the Dutchy of Lancaster is an office belonging to the Dutchy Court that gathereth in all the revenues and fines of the lands of the said Dutchy and of all forfeitures and assessements or what else is thence to be received Receiver general of the Court of Wardt and liveries is an officer belonging to that Court that is to receive all rents revenues fines of the lands belonging to his Majesties Wards as also the fines for licences to the Kings widows to mary of custer le maine sued out and for ideots and lunaticks land and finally all other profits whatsoever in mony arising to his Majesty out of or by reason of the Court of Wards and liveries Receiver general of the Muster Rolls anno 35 Eliz. ca. 4. Receiver general of the Dutchy of Lancaster of the Wards and liveries anno 39 Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stir out of his house or cloyster Littleton fol. 92. Recognisance Recoguitio commeth of the French Recogneisance i. agnitio recognitio and in our Common law is thus defined A Recognisance is a bond of Record testifyng the recognizour to owe unto the recognizee a certain sum of mony and is knowledged in some court of Record or before some Iudge or other officer of such Court having authority to take the same as the Masters of the Chancery the Judges of either Bench Barons of the Exchequer Justices of peace c. And those that be meer Recognisances are not sealed but inrolled And execution by force thereof is of all the recognisors goods and chatells except the draught beasts and implements of husbandry and of the moyety of his Lands West parte pri symb li. 2. titulo Recognisances sect 149. And of these you may see there great diversity of Presidents Note farther that a Recognisance though in the special signification it do but acknowledge a certain debt and is executed upon all the goods and half the lands of the recognisour yet by extention it is drawn also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register orginal fol. 146 151 252. and by West ubi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these words in the Statute West 1. cap. 36. anno 3 Ed. 1. It is provided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with robbery of any manner of goods or moveables by recognisance of Assise of novel disseisin the judgement shall c. In which place it is used for the verdict of the twelve men impaneled upon an Assise which twelve are also called recognitors of the Assise Littleion fol. 72. So also Bracton called them lib. 5. tractat 2. cap. 9. nu 2. in these words In essonio verâ— reddendo exigentur omnes illi quos causa tetigerit sicut particeâ—â— Warrantus alii ut supra Recognitores in assisis Juratores in Juratis Inquisitores inquisitionibus c. And again lib. 3 tract 1. cap. 11. num 16. See the Statute anno 20 Ed. prim stat 4. See the new book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the Common Bench for the sending of a Record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appear it may be disannulled Register original folio 183. a. b. Recognitors recognitores is a word used for the Iury empaneled upon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongues signifieth an authentical or uncontroulable testimony in writing Briton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the grand Custumary of Normandy there are several Chapters of divers Records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. Chapter where you have words to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he have one other witness This record may he and other make if he himself will not make it it may be made by three others And his person may not
sayth in his explication of Saxon words verbo Coventus is Conventus whereupon it is to be noted as he saith in the same place that the Swainmote is a Court of Freeholders within the Forest Of the which you may read him at large pag. 110. c. usque 122. TA. TAbling of Fines is the making of a Table for every County where his Majesties writ runneth contaning the contents of every Fine that shall passe in any one Term as the name of the County Towns and places wherein the Lands or Tenements mentioned in any Fine do lye the name of the Plaintiff and Deforceant and of every manner named in the Fine This is to be done properly by the Chirographer of Fines of the Common plees who the first day of the next Term after the ingrossing of any such Fine shall fix every of the said Tables in some open place of the Court of the Common Plees and so every day of the said Term during the sitting of the said Court. And the said Chirographer shall deliver to the Sheriff of every County his Undersheriff or Deputy fair written in Parchment a perfect content of the Table so to be made for that Shire in the Term that shall be next before the Assises to be holden in the same County or else in the mean time between the Term and the said Assises to be set up the first day and every day of the next Assices in some open place of the Court where the Justices of Assises then shall sit to contiuue there so long as they shall sit in the said Court If either the Chirographer or Sheriff fail herein he forfeiteth five pounds And the Chirographers fee for every such Table is four pence anno 23 Elizab. cap. 3. This saith West parte 2 Symbol titulo Fines Sect. 130. Tail tallium commeth of the French Tail i. Sectura or the verb taillor i. scindere signifying in our Common law two several things both grounded upon one reason Plowden casu Willion fol. 251. a. b. First it is used for the fee which is opposite to fee simple by reason that it is so as it were minced or pared that it is not in his free power to be disposed of him which owneth it but it is by the first giver cut or divided from all other and tyed to the issue of the Donee Coke lib. 4. in prooemio And this limitation or tayl 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 the reason of this term is because how many soever women the tenent holding by his Title shall take to his wives one after another in lawfull matrimony his issue by them all have a possibility to inherit one after the other Tail special is that whereby Lands or tenements be limited unto 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 c. Also if Land should be given to a man and his wife and to their Son and Heir Iohn for ever this is tail especial See more of this in fee And Liitleton lib. pri cap. 2. and the new book of Entries verbo Tail Tail in the other signification is that which we vul garly call a Tallie For it is une taille de bois a cloven peice of wood to nick up an account upon for in the Statute anno 10. Ed. pri cap. 11. and anno 27. ejusdem stat pri cap. 2. it is termed a Tail and anno 38 Edw. 3. cap. 5. And so in Broke his Abridgement titulo Taild ' Exchequer fol. 247. See Tails Tailes talliae are in these dayes called Talleyes well known what they be Of these read in our statutes two sorts to have been usuall in the Exchequer for a long continuance The one is termed tayles of debt anno 1 Rich. 2. cap. 5. which are a kind of acquittance for debt paid in to the King For example the University of Cambridge payeth yeerly ten pounds for such things as are by their Charter granted them in see ferm five pounds at the Annunciation and five at Michaelmas Hee that payeth the first five pounds receiveth for his discharge a tail or talley and he that payeth the other five receiveth the like With both which or notes of them he repaireth to the Clerk of the Pipes office and there in stead of them receiveth an acquittance in parchment for his whole discharge Then be there also mentioned Tayles of reward anno 27 H. 8. cap. 11. anno 33. et 34. ejusdem cap. 16. and anno 2 et 3 Ed. 6. ca. 4. And these seem to be tailes or talies of allowances or recompence made to Sheriffs for such matters as to their charge they have performed in their office or for such monies as they by course have cast upon them in their accounts but could not levie them where they were due And these as it seemeth by the said statute anno 27 H. 8. cap. 11. were of old granted in the Exchequer unto them upon warrant made to the Treasurer and Chamberlains there by the Clerks of the Signet upon Bill assigned by the King But sithence the statute anno 2 et 3 Edw. 6. cap. 4. What the course in this case is I am not so well informed Only I hear that for some Counties these tailes be still in use and that the warrant commeth now from the Auditour of the Receites unto those that make these talies And that the Sheriff with them proceedeth to those who take his finall account and there hath his allowance accordingly Taylage tallagium aliâs Tallage commeth of the French taille which originally signifieth a piece cut out of the whole and metaphorically is used for a share of a mans substance payed by way of tribute It signifieth with us a rolle or taxe as anno prim Ed. 2. cap. unico And Stowes Annals pag. 445. Thence cometh Tailaigiers in Chawcer for tax or tollegatherers Taint Attinctus commeth of the French teinct i. infectus tinctus and signifieth either Substantively a conviction or Adjectively a person convicted of felonie or treason c. See Attaint Tales is a Latin word of known signification It is used in our Common law for a supply of men empaneled upon a Jury or Enquest and not appearing or at their apparence challenged by the party or either party if there be two as not indifferent for in this case the Iudge upon petition granteth a supply to be made by the Sheriff o◠some men there present equal in reputation to those that were empanelled And hereupon the very act of supplying is called a Tales de Circumstantibus This supply may be one or more and of as many as shall either make default or else be challenged by each partie Stawnford pl. cor lib. 3. cap. 5. Howbeit he that hath had
distinction groweth from an event after the death of him that covenanteth to warrant But to make this plain I find warranty to be used equivocally signifying one sort the contract or covenant of warranty first made as appeareth by Bracton in the place formerly noted and in another sort the very effect and performance of this contract either by the Warrenter or his heirs when he or they be by the tenent thereunto vouched or called As also I shew out of Bracton lib. 5. tract 4. cap. pri nu 2. in these words Inprimis videndum est quid sit warrantizatio Et sciendum quòd warrantizare nihil aliud est quà m defendere acquietare tenentem qui warrantum vocabit in seisina sua c. VVith whom agreeth Fleta saying that Warrantizare nihil aliud est quam possidentem defendere lib. 5. ca. 15. § 1. lib. 6. cap. 23. quod lege per totum And the former division of lineal and collateral warranty rather belonging to warranty in the second signification than the former And that this way it is imperfect or at the least obscure I think it not hard to declare First to shew this I note out of Bracton who may be called to warranty And he lib. 5 tract 4. cap. pri num 5. saith thus Videndum est quis vocari possit ad warrantum sciendum quod tam maseulus quam foemina tam minor quà m major dism tamen si minor vocetur remane at platitum de warrantia in suspenso usque ad aetutem uisicausa fuerit ita favorabilis quòd aetas expectari non debeat sicut ex causa Dotis Item non solum vocandus est ad warrantum ille qui dedit vel vendidit verum etiam vocandi sunt eorum haeredes-descendentes in infinitum propter verba in Chartis contenta Ego haeredes mei warrantizabimus tali haeredibus suis c. Et in quo casu tenentur haeredes warrantizare sive sini propinqui sive remoti remotiores vel remotissimi Et quod de haeredibus dititur idem dici poterit de assignatis et de illis qui sunt locoallorum haeredum sicut sunt capitales Domini qui tenentibus suis quasi succedunt vel propter aliquem defectum vel propter aliqund delictum sicut de eschaetis Dominorum By which words we perceive that the burthen of this warranty is not tyed to heirs only be they in the descending or collateral line but that under this word Haeredes are comprised all such as the first warranters Lands afterwards come unto either by descent or otherwise ex causa lueraâ—iva So that if a man have twenty children yet if he will and may give his land to a Stranger leaving his children no land that Stranger in this case is his assign and is contained under this word Heir So if he commit felony after such warranty covenanted and forfeited his lands to his Lord by escheat the Lord is quesihares in this case and lyable to the warranty sormerly passed And in these two later cases warranty in the second signification seemeth to be neither lineal nor collateral and at the least as Littleton and the other Author have defined or by example expressed them But let us define these two species as they be wherefore lineal warranty is that which he is called unto by the Tenent upon whom the land warranted had descended if the warrantee had not been covenanted For example A. selleth to B. twenty acres land with clause of warranty and afterward dyeth leaving issue C. soon after B. is impleaded for this Land by D. and voucheth C. This is called a lineal warranty because but for it the land had descended from A. to C. Warranty collateral is that whereunto he is called by the Tenent upon the covenant of him from whom the Land could not descend to the party called For example B. the Son purchaseth Tenements in fee whereof A. his Father disseiseth him and selleth them to C. with a clause of warranty A. being dead C. is impleaded for the Tenements and calleth B. to warranty This warranty whereunto B. is called ia collateral because the Tenements if the warranty had not been covenanted by A. could not have descended from him to his Father A. for they were his own by purchase Many other examples there be of this in Littleton And this very case he maketh his example of warranty by disseisin as also of warranty collateral which plainly argueth that warranty by disseisin and warranty collateral are not distinct members of warrantee but may be confounded though one warranty may carry both names in divers respects For there is some warranty collateral that beginneth not by disseisin For example A. Tenent in tayl alienated to B. in fee and dyeth leaving issue C. afterward D. Brother to A. and Uncle to C. releaseth to B. with warranty and dying leaveth B. his heir being next of blood unto him This warraaty is collateral because it descendeth upon C. from his Vncle D. and yet it beginneth not by disseisin of his said Uncle Warranty hath a double effect one to debar him upon whom it descendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the Tenent if by him he be vouched thereunto or else to give him as much other land by exchange But as the former of these effects taketh place with all heirs except those to whom the Land warranted was entailed and that reap no equivalent benefit by the first warranter anno 6 Ed. prim cap. 3. so the later prejudiceth none that receiveth not sufficient Land from the first warranter to make it good Bracton lib. 5. tractat 4. cap. 8. num prim cap. 13. num 2. In the Customary of Normandy cap. 5. you have vouchment de garant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the warranter into the Court to make good his sale or gift Warrantia diei is a writ lying in case where a man having a day assigned personally to appear in Court to any action wherin he is sued is in the mean time by commandment imployed in the Kings service so that he cannot come at the day assigned This writ is directed to the Justices to this end that they neither take nor record him in default for that day Register original fol. 18. Of this you may read more in Fitzherb nat brev fol. 17. and fee Glanvile lib. prius cap. 8. Warrantia chartae is a writ that lyeth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to warranty for in this case his remedy is to take out this writ against the seoffor of his heir Regist. origin fol. 157. Fitzh nat brev fol. 134. Of this yon may likewise read Fleta lib. 6. cap. 35. and West parte 2. symb
ubi supra Accedas ad Vicecomitem is a writ directed to the Coroner commanding him to deliver a writ to the Sheriff that having a pone delivered unto him doth suppress it Regist orig fol. 83. Accessory Accessorius vel Accessorium is used in our Common law otherwise than among the Civilians For whereas with them it is generally taken for any thing depending upon another here though it be so likewise yet most commonly and notoriously it signifieth a man that is guilty of a felonious offence not principally but by participation as by commandment advice or concealment And a man may be accessory to the offence of another after two sorts by the Common law or by Statute and by the Common law two waies also that is before or after the fact Before the fact as when one commandeth or adviseth another to commit a selony and is not present at the execution thereof For his presence maketh him also a principal wherfore there cannot be an accessory before the fact in man-slaughter because man-slaughter is sodain and not prepensed Cook lib. 4. fol. 44. a. Accessory after the fact is when one receiveth him whom he knoweth to have committed selony Accessory by Statute is he that abetteth counselleth or hideth any man committing or having committed an offence made felonie by Statute For though the Statute make no mention of abettours c. yet they are by interpretation included Of all these consult with Stawnf pl. cor lib. 1. cap. 45 46 47 48. There is also an accessory of an accessory as he that wittinglie receiveth an accessory to felony lib. Assis 26. pl. 51. coron Fitz. 197. Stawnf pl. cor lib. 1. cap. 48. And the Law of England is that so long as the principal is not attainted the accessorie may not be dealt with Stawnf ubi supra The reason whereof you may see Cook li. 4. fo 43. b. And this is also true by the Civil Law Claudius de Battandier in pract crim regula 101. at the least untill the principal be certainly known Of this subject read M. Cromprons Justice fol. 37. b. 38 39. Acceptance is a receiving of a rent whereby the Receiver bindeth himself for ever to allow a former fact done by another whether it be in it self good or not New tearms of Law Accompt computus is in the Common law taken for a writ or action brought against a man that by means of Office or business undertaken is to render an account unto another as a Bailiff toward his Master a Guardian in soccage toward his Ward and such others as you shall find particularly named by Fitz. in his nat br fol. 116. where you may also have the form and further use of this writ See ex parte talis Accroche See Encrochment This word Accroche is used an 25 Edward 3. Stat. 3. cap. 8. Achat commeth of the French achet i. emptio nundinatio and is used for a contract or bargain Brook tit Contract Acquittal signifieth in our Common law most ordinarilie a deliverance and setting free from the suspicion or guiltiness of an offence and is two fold acquital in law or acquital in fact Acquital in law is when two be appealed or endicted of felony one is principal the other accessory the principal being discharged the accessory by consequent is also freed And in this case as the the accessorie is acquitted by law so is principal in fact Stawnf pl. cor fol. 168. Acquittance acquietantia commeth from the French quicter or quitter i. accepto ferre or quictance i. acceptitatio apocha and signifieth a release or discharge from 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. Anglo pa. 76. Stawnf pl. cor fol. 168. Brook tit Acquittall See the new tearms of Law verbo Acquittal and Acquittance Acquietandis plegiis is a writ lying for a suretie against the creditour that refuseth to acquit him after the debt is paid by the Debtour Regist orig fol. 158. where it appeareth that this is a Justicies Acre acre is a certain quantity of land containing in length 40 perches and four in breadth or to that quantitie be the length more or less And if a man erect any new Cottage he must lay 4 acres of land to it after this measure anno 31 Eliz. ca. 7. and with this measure agreeth Master Crompton in his Jurisdiction of Courts fol. 222. though he say also that according to the divers customes of divers Countries the the Perch differeth being in some places and most ordinarily but 16 foot dimid But in the County of Strafford 24 foot as was adjudged in the case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute made of sowing of Flax anno 24 H. 8. cap. 4. eight score Perches make an acre which is 40 multiplyed by 4. See also the ordinance of measuring of Land made an 34 Ed. 1. statut 1. which agreeth with this acompt The word Acre seemeth to come from the German word acker which is all one with the Latine ager Action actio is defined by Bracton lib. 3. cap. 1. as it is by Justinian lib. 4. Instit titulo de actionibus viz. Actio nihil aliud est quà m jus persequendi in judicio quod alicui debetur Action is principally divided by Justinian in personalem realem by Bracton into personal real and mixt action personal is that which belongeth to a man against another by reason of any contract offence or cause of like force to a contract or offence made or done by him or some other for whose fact he is by law to answer Bract. lib. 3. cap. 3. nu 2. Action real is defined to be that which is given to any man against another that upon any cause possesseth or occupieth the thing requited or sued for in his own name and no other mans and in this only respect that he possesseth or occupieth the thing and none other Bract. ibid. nu 3. and his reason is this quia habet rem vel possidet quam restituere potest vel dominum nominare This definition and reason he farther exemplifieth in the words there following which he that will may read at large Action mixt is that which lyeth as well against or for the thing which we seek as against the person that hath it and is called mixt because it hath a mixt respect both to the thing and the person Bract. lib. 3. cap. 3. nu 5. For example the division of an Inheritance between co-heirs or co-partners called in the Civil law actio familiae exciscundae secondly the division of any particular thing being common to more called likewise actio de communi dividundo and this kind of action saith Bracton doth seem to be mixt because it lyeth as well against the thing as the person and indeed so do other excellent Civilians as Cuiacius and
classis as appeareth by Tully in Verrem 7. but his Authority was not continual as the Admirals in these day but only in time of War Neither do I find any such Officer belonging to the Emperors in our Code And M. Gwin in the Preface to his reading is of opinion that this Office in England was not created untill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his Book taking upon him to name all the Courts of Justice maketh no mention of this Court or Magistrate And again Richard the second finding the Admiral to extend his Jurisdictions over far ordained by Statute made the 10 year of his Reign that the limits of the Admirals jurisdiction should be restrained to the power he had in his Grandfather Edward the thirds daies whereby the said Master Gwin conjectureth that he did nought else but reduce him to his original But contrarily to this it appeareth by antient Records the Copies wherof I have seen that not only in the daies of Edward the first but also of King John all causes of Merchants and Mariners and things happening within the Flood-mark were ever tryed before the Lord Admiral Ad jura Regis is a Writ for the Kings Clark against him that seeketh to eject him to the prejudice of the Kings Title in the right of his Crown Of this you may see divers forms upon divers Cases Register orig fo 61. a. Admittendo clerico is a Writ granted to him that hath recovered his right of presentation against the Bishop in the Common-bank the form whereof read in Fitzh nat br fol. 38. and the Register orig fol. 33. a. Admittendo in socium is a Writ for the association of certain Persons to Justices of Assises formerly appointed Register orig fol 206. a. Ad quod damnum is a Writ that lyeth to the Escheater to inquire what hurt it will be to the King or other Person to grant a Fair or Market or a Mortmain for any Lands intended to be given in Fee-simple to any House of Religion or other body politick For in that Case the Land so given is said to fall into a dead hand that is Such an estate and condition that the chief Lords do leese all hope of Heriots service of Court and escheats upon any traiterous or felonious Offence committed by the Tenant For a body politick dieth not neither can perform personal service or commit Treason or Felony as a single Person may 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 Granter Of this read more in Fitzh nat brev folio 221. and look Mortmain Ad terminum qui praeteriit is a Writ of Entry that lyeth in case 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 Tenent or other Stranger that occupieth the same and deforceth the Leasour Which Writ belongeth to the Leasour and his Heir also Fitzh nat br fol. 201. Advent adventus is a certain space of time comprising a Month or thereabouts next before the Feast of Christs Nativity Wherein it seemeth that our Ancestors reposed a kind of Reverence for the neerness of that solemn Feast so that all contentions in Law were then remitted for a season Whereupon there was a Statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said usual solemnity and time of rest it might be lawfull in respect Justice and Charity which ought at all times to be regarded to take Assises of novel disseisin mort d'auncester and darrein presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof unto the end of the Octaves of the Epiphany the solemnizing of Mariages were forbidden by reason of a certain spiritual joy that the Church and so consequently every Member thereof for that time doth or ought to conceive in the remembrance of her Spouse Christ Jesus and so abandon all affections of the flesh See Rogation week and Septuagesima Advocatione decimarum is a Writ that lyeth for the claim of the fourth part or upward of the Tithes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to justifie or maintain an Act formerly done For example one taketh a distress for rent or other thing and he that is distreined sueth a Replevin Now he that took the Distress or to whose use the Distress was taken by another justifying or maintaining the Act is said to avow Terms of the Law Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton useth the Latine word in the same signification as advocatio disseifinae li. 4. cap. 26. And I find in Cassanaeus de consuet Burg. pag. 1210. advohare in the same signification and pag. 1213. the Substantive desavohamentum for a disavowing or refusal to avow Advowzen advocatio signifieth in our Common-law a right to present a benefice as much as jus patronatus in the Canon-law The reason why it is so termed proceedeth from this Because they that originally obtained the right of presenting to any Church were Maintainers and Upholders or great Benefactors to that Church either by building or increasing it and are thereupon termed sometime Patroni sometime Advocati cap. 4. cap. 23. de jure Patronatus in Decretal And advowzen being a bastardly French word is used for the right of presenting as appeareth by the Statute of Westm the second anno 13 Edw. 1. ca. 5. Advowzen is of twosorts advowzen in grosse that is sole or principal not adhering or belonging to any Manor as parcel of the right thereof advowzen dependant which dependeth upon a Manor as appertinent unto it termed of Kitchin an incident that may be separated from the Subject Of this M. John Skene de verbo sig hath these words dicitur advocatio Ecclesiae vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam asserit se in eadem habere jus Patronatus eamque esse sui quasi clientis loco vel potiùs cùm aliquis nempe patronus advocat alium jure suo ad Ecclesiam vacantem cumque loco alterius veluti defuncti praesentat quasi exhibet See Advowè next following Advowè alias avowè advocatus is used for him that hath right to present to a benefice Anno 25 Ed. 3. stat 5. ca. unico There have you also Advowe paramount which is as much as the highest Patron and is spoken of the King Advocatus est ad quem pertinet jus advocationis alicujus Ecclesiae ut ad Ecclesiam nomine proprio non alieno possit praesentare Fleta l. 5. ca. 14. § 1. Fitzh in his nat br fol. 39. useth it in
prayeth in ayd of him and also to avoid a prejudice growing toward his own right except it be prevented For example when a tenent for term of life by courtesie tenent in tail after possibility of issue extinct for term of years at will by Elegit or tenent by Statute-merchant being impleaded touching his estate may petere auxtlium that is pray in ayd of him in the reversion that is desire or intreat the Court that he may be called in by writ to allege what he thinketh good for the maintenance both of his right and his own Terms of the Law Fitzherbet mentioneth both prier in ayde and prier ayde de patron c. auxilium petere à patrono Nat. Brev. fo 50. d. And the new book of Entries Verbo Ayde de parcener auxilium de parcionaria fo 411 Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem Emericus in practition titulo 48. This ayde prier is also used sometime in the Kings behoof that there be no proceeding against him untill the Kings Councell be called and heard to say what they think good for the avoyding of the Kings prejudice or losse touching the cause in hand For example if the kings tenent holding in chief be demanded a rent of a common person he may pray in ayd of the king Also a City or Borough that hath a fee ferm of the king any thing being demanded against them which belongeth thereunto may pray in ayd of the king c. Terms of the law Of this thing you may read the Statute de bigamis a. 4. Ed. 1. ca. 1. 2. 3. an 14. Ed. 3. stat 1. ca. 14. The Civill law in sutes begun between two alloweth a third to come in pro interesse and he that commeth in for his interest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common Lawiers cal Receite Look Receito Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grandfather or great grandfather called of our common lawyers besacle but in true French bisaicul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and disâ—possesseth the heir Fitz. nat br fo 222. AL Alderman aldermannus is borrowed from the Saxon Ealderman signifying as much as Senator in Latine Lamb. in his explication of Saxon words verbo senator See Roger Hoveden par poster suorum annal fo 346. b. Aler sans jour is verbatim to goe without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 140. Ale-taster is an officer appointed in every Court leet and sworn to look to the assise and the goodnesse of bread and ale or beer within the precincts of that Lordship Kitchin f. 46. where you may see the form of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the property of any thing unto another man To alien in mortmain is to make over lands or tenements to a Religious company or other body politique Stawnf praerog fo 40. Look Mortmain To alien in fee is to sel the fee simple of any land or tenement or of any incorpore all right West 2. ca. 25. an 13 Ed. 1. Alien alias alion allenigena commeth of the Latine alienus and signifieth one born in a strange Country It is ordinarily taken for the contrary to Denizen or a natural subject that is one born in a strange country and never here infranchised Brook Denizen 4. c. And in this case a man born out of the land so it be within the limits of the kings obedience beyond the Seas or of English parents out of the Kings obedience so the parents at the time of the birth be of the kings obedience is no alien in account but a subject to the King Statute 2. a. 25. Edw. 3. c. unico commonly called the Statute de natis ultra mare Also if one born out of the Kings allegiance come and dwell in England his children if he beget any here be not aliens but denizens Terms of the Law See Denizen Allaye Allaia is used for the temper mixture of silver and gold an 9. H. 5. Stat. 2. c. 4. Stat. 1. ejusdem anni cap. 11. The reason of which allay is with a baser metal to augment the weight of the silver or gold so much as may counter vail the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer upon a complaint of some accountant commanding them to allow the accountant such summes as he hath by vertue of his office lawfully and reasonably expended Regist orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is used for one that by his trade coloureth or painteth upon paper or parchment And the reason is because he giveth grace light and ornament by his colours to the letters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine rivets be a certain light kind of armor for the body of a man with sleevs of male or plates of iron for the defence of his arms The former of which words seemeth to shew the country where it was first invented the other whether it may come from the French verb revestir i. superinduere to put on upon another garment I leave to farther consideration Almner eleemosynarius is an officer of the Kings house whose function is fragmenta diligenter colligere ea distribuerre singulis diebut egenis agrotos leprosos incarceratos pauperesque viduas et alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam et alia ad elecmosynam largita recipere fideliter distribuere Debet etiam regem super eleemosyne largitione crebris summonitionibus stimulare praecipne diebus Sanstorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel ministrallis sed ad eleemosynae suae incrementum jubeat largiri Fleta lib. 2. cap. 22. Almoine eleemosyna See Frank almoyne Almond amygdalum is well known to every mans sight it is the kernel of a nut or stone which the tree in Latine called amygdalus doth bear within a husk in manner of a walnut of whose nature and diversities you may read Gerards Herball lib. 3. cap. 87. This is noted among Merchandize that are to be garbled anno 1. Jaco cap. 19. Alnegeor aliâs aulnegeor ulniger vel ulnator commeth from the French aulne an elle or elwand and signifieth an Officer of the Kings who by
mans dwelling-house wherein some person is or into a Church in the night time to the end to commit some felonie therein as to kill some man or to steal somewhat thence or to do some other felonious act there albeit he execute not the same If the intent or fact of this offendour be to steal this is like robberie if to murther it differeth not much from murther and so of other felonies West parte 2. symbol titulo Indictments Sect. 56. Burglarie in the natural signification of the word is nothing but the robbing of a house but as it is vox artis our Common Lawyers restrain it to robbing a house by night or breaking in with an intent to rob or to do some other felonie The like offence committed by day they call house-robbing by a peculiar name How many wayes burglarie may be committed see Cromptons Justice of Peace fol. 28. b. and fol. 29 30. Butlerage of wines signifieth that imposition of sale wine brought into the land which the Kings Butler by vertue of his office may take of every ship anno 1 H. 8. cap. 5. For the which see more in Botyler C. CA CAblish cablicia among the Writers of the Forest laws signifieth brush wood Manwood parte pag. 84. Cromptons Jurisd fol. 165. Calamus is a cane reed or quill the divers kinds whereof you have set down in Gerards Herbal lib. 1. cap. 24. This is comprized among merchandize and drugs to be garbled in the statute anno 1 Jacobi cap. 19. Calendrin of Worsseds anno 5 H. 8. cap. 4. an 35 ejusdem cap. 5. Cantred is as much in Wales as an Hundred in England For Cantre in the Brittish tongue signifieth centum This word is used anno 28 H. 8. cap. 3. Cape is a writ judicial touching plee of land or tenements so termed as most writs be of that word in it self which carrieth the especiallest intention or end thereof And this writ is divided in Cape magnum cape parvum both which as is before said in Attachment take hold of things immoveable and seem to differ between themselves in these points First because cape magnum or the grand Cape lyeth before appearance and Cape parvum afterward Secondly the Cape magnum summoneth the Tenent to answer to the default and over to the demandant Cape parvum summoneth the Tenent to answer to the default onely and therefore is called Cape parvum or in French English petit Cape Old nat br fol. 161 162. Yet Ingham saith that it is called petit Cape not because it is of smal force but that it consisteth of few words Cape magnum in the old nat br is thus defined This writ is a judicial and lyeth where a man hath brought a Principe quod reddat of a thing that toucheth plee of land and the Tenant make default at the day to him given in the Writ original then this writ shall go for the King to take the land in o the Kings hands and if he come not at the day given him by the grand Cape he hath lost his land c. A President and form of this writ you may see in the Register judicial fol. 1. b. It seemeth after a sort to contain in it the effect missionis in possessionem ex primo secundo decreto among the Civilians For as the first decree seiseth the thing and the second giveth it from him that the second time defaulteth in his appearance so this Cape both seiseth the land and also assigneth to the party a farther day of appearance at which if he come not in the land is forfeited Yet is there difference between these two courses of the Civil and Common law first for that missio in possessionem toucheth both mooveable and immooveable goods whereas the Cape is extended onely to immoveable secondly that the party being satisfied of his demand the remanet is restored to him that defaulted but by the Cape all is seised without restitution thirdly missio in possess is to the use of the party agent the Cape is to the use of the King Of this writ and the explication of the true force and effect thereof read Bracton lib. 5. tract 3. cap. 1. num 4 5 6. See Cape ad valentiam Cape parvum in the Old nat br fol. 162. is thus defined This writ lyeth in case where the Tenant is summoned in plee of land and cometh at the summons and his appearance is of record and after he maketh default at the day that is given to him then shall go this writ for the king c. Of this likewise you have the form in the Register judicial fol. 2. a. Why it is called Cape parvum see in Cape magnum Of both these writs read Fleta lib. 6. cap. 44. § Magnum seq Cape ad valentiam is a species of Cape magnum so called of the end whereunto it tendeth In the Old nat br fol. 161 162. it is thus defined or described This writ lyeth where any impleaded of certain lands and I vouch to warrant another against whom the summons ad warantizandum hath been awarded and the Shyreeve cometh not at the day given then if the Demandant recover against me I shall have this Writ against the vouchee and shal recover so much in value of the land of the vouchee if he have so much and if he have not so much then I shal have executiō of such lands tenements as descend unto him in fee-simple or if he purchase afterward I shal have against him a resummons if he can nothing say I shall recover the value And note ye that this writ lyeth before apparence Thus farre goeth the book Of these and the divers uses of them see the Table of the Register judiciall verbo Cape Capias is a writ of two sorts one before judgment called capias ad respondendum in an action personal if the Shyreeve upon the first writ of distresse return nihil habet in baliva nostra and the other is a writ of execution after judgment being also of divers kinds viz. Capias ad satisfaciendum Capias pro fine Capias utlagatum Capias utlagatum inquiras de lönis catallis Capias ad satisfacieudum is a writ of execution after judgment lying where a man recovereth in an action personal as debt or dammages or detinue in the Kings Court and he against whom the debt is recovered and hath no lands nor tenements nor sufficient goods whereof the debt may be levied For in this case he that recovereth shall have this writ to the Sheriff commanding him that he take the body of him against whom the debt is recovered and he shall be put in prison until satisfaction be made unto him that recovered Capias pro fine is where one being by judgement fined unto the King upon some offence committed against a statute doth not discharge it according to the judgement For by this is his body taken and committed to prison
until he content the King for his fine Coke lib. 3. fol. 12. a. Capias utlagatum is a word of execution or after judgement which lyeth against him that is outlawed upon any sure by the which the Sheriff upon the receipt thereof apprehendeth the party outlawed for not appearing upon the exigend and keepeth him in safe custodie until the day of return assigned in the writ and then presenteth him unto the Court there farther to be ordered for his contempt Capias utlagatum inquir as de bonis catallis is a writ all one with the former but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body to inquire of his goods and cattels The form of all these writs see in the Old nat br fol. 154. and see the Terms of law verbo Proces Lastly you may find great variety of this kind in the table of the Register judiciall verbo Capias Capias in Wiâ—hernamium de averiis is a Writ lying for Cattel in Withernam Register orig f. 82. 83. see Withernam Capias in Withernamium de bemine is a writ that lieth for a servant in Withernam Register onig f. 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking up of such as having received prest money to serve the King slink away and come not in at their time assigned Register orig fo 191. Captain aliâs capitayne capitaneus commeth of the French capitaine and signifieth with us him that leadeth or hath charge of a company of Souldiers and is either generall as he that hath the governance of the whole host or speciall as he that leadeth one only band The word capitanei in other nations signifieth more generally those that are in Latine called principes or proceres because as Hotteman saith in verbis feudalibus tanquam caput reliquo corpori sic hii reliquis civibus praesunt He divideth them into two sorts and to use his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelliguntur l. 1. feud tit 1. § 1. ti 7. Alii impropriè qui urbium praefecti sunt quibus plebs ab liquo superiorum gubernanda committitur qui vallasoâ—es rigit majores appellantur l. feud tit 1. § 1. tit 7. et tit 17. So we have captaines of Castles here in England and other places as of the Isles of Gersay and Gernsey of the Isle of Wight c. Capite is a tenute which holdeth imâ— ediately of the King as of his crown be it by Knights service or socage Broke tet tenures 46. 94. Dyer fo 123. nu 38. et fo 363. nu 18. and not as of any Honour Castle or Mannor therefore it is otherwise called a tenure that holdeth meerely of the King because as the crown is a corporation and seigneurie in grosse as the Common lawyers term it so the King that possesseth the crown is in account of law perpetually King and never in his minority nor never dieth no more than populus doth whose authoritie he beareth See Fitzh nat br f. 5. F. Note by the way that a man may hold of the King and not in Capite that is not immediately of the crown in grosse but by means of some Honour Castle or Mannor belonging to the Crown whereof I hold my land Wherof Kitchin saith wel that a man may hold of the King by Knights service and yet not in capite because he holdeth happily of some honour by Knights service which is in the Kings hands as by descent from his ancestors not immediatly of the King as of his crown f. 129. with whom agreeth Fitzh nat or f. 5. K. whose words are to this effect So that it plainly appeareth that lands which be held of the King as of an Honour Castle or Mannor are not held in capite of the King because that a writ of right in that case shall be directed to the Bailiff of the Honour Castle or manor c. but when the lands be held of the King as of his Crown then they be not held of Honour Castle or Mannor but meerly of the King as King and of the Kings Crown as of a seigneury of it self in gross the chief above all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. nu 37. Author of the new Terms ver Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hold of the person of the King and not in capite His example is this If the King purchase a mannor that I. S. holdeth the Tenent shall hold as he held before and shall not render livery or primeiâ— seisin nor hold in capite And if the King grant that mannor to W. N. in fee excepting the services of I. S. then I. S. holdeth of the King as of the person of the King and yet holdeth not in capite but as he held before So that by this Book tenure holding of the person of the King and tenure in capite are two divers tenures To take away this difficulty I think M. Kitchin is in that place to be taken as if he said not in capite by Knights service but by socage following 〈◊〉 usuall speech because most commonly where wee talk of tenure in capite wee mean tenure by knights service Carno Cromptons jurisd fol. 191. is an immunitie Carke seemeth to be a quantity of Wool whereof thirty make a Sarpler anno 27 H. 6. ca. 2. See Sarpler Carrack alià s Carrick seemeth to be a ship of burthen so called of this Italian carrico or carco a burthen or charge or the Spanish cargo you have this word anno 2 R. 2. ca. 4. anno 1 Ja. ca. 33. Carroway seeds alià s Carruway seeds semen cari vel carei is a Seed springing of the herb so called of whose operation you may read in Gerards Herball li. 2. cap. 396. It is reckoned among the Merchandise that ought to be garbled anno 1 Jaco ca. 19. Carue of land carrucata terrae commeth of the French charue i. aratrum and with us is a certain quantity of land by the which the Subjects have sometime been taxed whereupon the tribute so levied is called Caruago Caruagium Bracton li. 2. cap. 16. nu 8. It is all one with that which the same Author lib. 2. cap. 17. calleth carucatam terrae For Littleton ca. Teuure in socage saith that haec soca socae idem est quod caruca sc one soke or one plow land Yet one place I find in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time King Henry took caruage that is to say two marks of silver of every Knights fee toward the marriage of his sister Izabell to the Emperour where caruage cannot be taken for a Plow land
men upon any cause anno 25 Ed. 3. stat 4. cap. 2. Cathedrall See Church Casu matrimonii praelocuti is a Writ which lyeth in case where a woman giveth lands to a man in fee simple to the intent he shall marry her and refusesh so to do in reasonable time being required thereunto by the woman The form and farther use thereof learn in the Register orig fol. 233. and in Fitzh nat br fol. 205. Causam nobis significes is a Writ which lyeth to a Maior of a Town or City c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke l. 4. casu communalty des Sadlers fol. 55. b. Cautione admittenda is a Writ that lyeth against the Bishops holding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy Church from thenceforth The form and farther effect whereof take out of the Regist orig pag. 66. and Fitzh nat br fol. 63. CE Century centuria See Hundred Cepicorpus is a return made by the Sheriff that upon an exigend he hath taken the body of the party Fitzh nat br Fol. 26. Certiorari is Writ issuing out of the Chancery to an inferior Court to call up the records of a cause therein depending that conscionable Justice therein may be ministred upon complaint made by bill that the party which seeketh the said Writ hath received hard dealing in the said Court. Terms of the Law See the divers forms and uses of this in Fitzh nat br fol. 242. as also the Register both original and judicial in the tables verbo Certiorari Crompton in his Justice of peace f. 117. saith that this Writ is either returnable in the Kings Bench and then hath these words nobis mittatis or in the Chauncerie and then hath in caucellaria nostra or in the Common Bench and then hath Justiciariis nostris de banco The word Certiorare is used divers times in the digest of the Civil Law but our later Criticks think it so barbarous that they suspect it rather to be foisted in by Tribonian than to be originally used by those men of whose works the said digest is compiled Prataeus in suo lexico Certificat certificatorium is used for a writing made in any Court to give notice to another Court of any thing done therein As for example a certificat of the cause of attaint is a transcript made briefly and in few words by the Clerk of the Crown Clerk of the Peace or Clerk of Assise to the Court of the Kings Bench containing the tenure and effect of every endictment outlawrie or convictior and Clerk attainted made or pronounced in any other Court anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque Broke fol. 119. Certification of assise of novel disseisin c. Certificatio assisae novae disseisinae c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices and is called certificatione novae dissessinae Old nat br fol. 181. Of this see also the Register original fol. 200. and the new book of entries verb. Certificat of assise This word hath use where a man appearing by his Bailiff to an assise brought by another hath lost the day and having something more to plead for himself as a deed of release c. which the Bailiff did not or might not plead for him desireth a farther examination of the cause either before the same Justices or others obtaineth Letters patents unto them to that effect The form of these Letters Patents you may see in Fitzh nat br fol. 181. and that done bringeth a Writ to the Sheriff to call both the party for whom the assise passed and the Jurie that was empaneled upon the same before the said Justices at a certain day and place And it is called a certificate because in it there is mention made to the Sheriff that upon the parties complaint of the defective examination or doubts yet remaining upon the assise passed the King hath directed his Letters patents to the Justices for the better certifying of themselves whether all points of the said assise were duly examined yea or not See farther Old nat br and Fitzh ubi supra Of this also you may read Bractoâ— lib. 4. cap. 19. num 4. in fine 5 6. where he discusseth the reason of this point very learnedly and lastly Horn in his Mirrour of Justices lib. 3. cap. finali § en eyde des memoyees c. Certificando ' de recognitione Stapulae it is a Writ directed to the Major of the Staple c. commanding him to certifie the Chauncellor of a statute of the staple taken before him between such and such in case where the party himself detaineth it and refuseth to bring it in Regist orig fol. 152. b. In like manner may be said of certificando de statuto mercatorio eodem fol. 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fol. 195. and certificando quando recognitio c. and certificando quid actum est de brevi super statutum mercatorium fol. 151. and certificando si loquela Warantiae fol. 13. Cessor is he that ceaseth or neglecteth so long to perform a duty be longing unto him as that by his cesse or cessing he incurreth the danger of Law and hath or may have the Writ cessavit brought against him Old nat br fol. 136. And note that where it is said in divers places the Tenent cesseth without any more words such phrase is so to be understood as if it were said the Tenent cesseth to do that which he ought or is bound to do by his Land or Tenement Cessavit is a Writ â—hat lyeth in divers cases as appeareth by Fitzh nat br fol. 280. upon this general ground that he against whom it is brought hath for two years foreslown to perform such service or to pay such rent as he is â—ed unto by his Tenure and hath not upon his Land or his Tenement sufficient goods or cattels to be distreined Consult more at large with Fitz. upon this ubi supra with Fleta lib. 5. cap. 34. § visa sunt and with the Terms of law See Cessavit de cantaria Register orig fol. 238. Cessavit de feod firma eodem fol. 237. Cessavit per biennium eodem folio etiam eodem See the new book of Entries verbo Cessavit Cestui qui vie is in true French Cestui a vie de qui. i. he for whose life any Land or Tenement is graunted Perkins graunts 97. Cestus qui use ille cujus usui vel ad cujus usum is broken French and thus may be bettered Cestui all use de qui. It is an ordinary speech among our Common
the suggestion of the party they do find 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 the Register orig fol. 44 45. c. usque fol. 58. Old nat br fol. 32. Fitz. eodem fol. 50. Contenement contenementum seemeth to be the free-hold Land which lyeth to a mans Tenement or dwelling house that is in his own occupation For in Magna charta chap. 14. you have these words A free man shall not be amerced for a small fault but after the quantity of the fault and for a great fault after the manner thereof saving to him his contenement or free-hold And a Merchant likewise shall be amerced saving to him his merchandies and any other villain then owers shall be amerced saving his waynage if he take him to our mercy And Bracton lib. 3. tractat 2. cap. 1. num 3. hath these words sciendum quòd miles liber homo non amerciabitur nisi secundùm modum delicti secundùm quod delictum fuit magnum velparvum salvo contenemento suo mercator verò non nisi salva merchandiz sua villanus nisi salvo Waniagio suo which mercy seemeth to have been learned from the Civil law whereby executio non potest fieri in boves aratra aliave instrumenta rusticorum l. executores Authen Agricultores Co. quae res pign obliga nec in stipendia arma equos militum l. stipendia Co. de executio rei judica ibi doctores nec in libros scholarium glos in l. Nepos Proculo verbo dignitate π. de verbo significa Quae tamen rusticorum militum scholarium privilegia circa executionem vera esse eatenus obtinere intelligenda sunt quatenus alia bona habent Johan Eimericus in processu judiciario cap. de Executione senten 79. num 11. Continuance seemeth to be used in the Common law as prorogatio is 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 that if a record in the Treasurie be alleged by the one party and denyed by the other a certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chauncerie that such a record is there or that it is likely to be in th◠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. 199. and also anno 11 H. 6. cap. 4. Continual claim continuum clameum 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 For example if I be disseised of land into which though I have right unto it I dare not enter for fear of beating it behooveth me to hold on my right of entry to the best opportunity of me and minetheir by approaching as neer it I can once every year as long as I live and so I save the right of entry to mine heir Terms of Law Again if I have a slave or villein broken from me and remaining any where within the ancient demeasne of the King being in the hands of the King I cannot maintain the writ de nativo habendo as long as he contuinueth there but if I claim him within the year and the day and so continue my claim until I can find him within that compass I may lawfully lay hold of him as mine own Fitz. nat br fol. 79. See more in Litleton verbo Continual claim And the new book of Entries Ibid. and Fleta lib. 6. cap. 53. Contract contractus is a Covenant or agreement with a lawful consideration or cause West parte prim symbol l. 1. Sect. 10. and lib. 19. π. de verbo Significa with other places it is thus defined Contractus est negotium inter duos pluresve data opera gestum ut vel uterque invicē vel alteruter obligetur Who so will throughly examine the difference between this pactum and such otherwords something like in signification let himsearch the Civilians and he shall find workboth pleasant and profitable and well fitting the Common law also Contra formam collation is is a Writ that lieth against an Abbot or his successor for him or his heir that hath given land toan Abbey to certain good uses and findeth that the Abbot or his Successour hath made a Feofment thereof with the assent of the Tenents to the disherison of the House and Church This is founded upon the statute of West 2. cap. 41. And of this see the Regist orig fol. 238. and Fitzh nat br fol. 210. And note that the Author of the Terms of Law saith that this is not brought against the Tenent or alienee Contra formam feoffamenti is a Writ that lyeth for the heir of a Tenent infeoffed of certain Lands or Tenements by charter of Feofment of a Lord to make certain services and sutes to his Court and is afterward distreined for more than is contained in the said charter Register orig fol. 176. Old nat br fol. 162. and the Terms of the Law Contributione facienda is a Writ that lieth in case where more are bound to one thing and one is put to the whole burthen Fitz. nat br fol. 162. bringeth these examples If Tenents 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 toward the reparation thereof the rest shall have this Writ to compel them And if there be three Coparceners of Land that owe sute to the Lords Court and the eldest perform the whole then may she have this Writ to compel the other two to a contribution of the charge or to one of them if one onely refuse The Old nat br frameth 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 distresse as intirely as if all were still in one fol. 103. See the Register orig fol. 176. Controller contrarotulator commeth of the French contrerouleur i. antigraphus graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in Rome was used for him cui ia muneris iujunctum erat ut observares pecúniam quam in usum Principis vel civitatis collegerunt exactores Budaeus in annota prio in pand tit De officio quaestoris In England we have divers officers of this name as Controller of the Kings house pl. cor fol. 52. anno 6 H. 4. cap. 3. Controller of the Navie anno 35 Elizabeth cap. 4. Controller of the Custome Cromptons
Jurisd fol. 105. Controller of Calis anno 21 Rich. 2. cap. 18. Controller of the Mint anno 2 H. 6. cap. 12. Controller of the Hamper Contrarotulator Hamperii which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time and dayes appointed for sealing His office is to take all things sealed from the Clerk of the Hanaper inclosed in bags of Lether as is mentioned in the laid Clerks office and opening the bags to note the just number and especial effect of all things so received and to enter the same into a special book with all the duties appertaining to his Majestie and other officers for the same and so chargeth the Clerk of the Hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice every year to the Sheriffs to levie the ferms and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the Pell is also an officer of the Exchequer of which sort there be two vtz the two Chamberlains Clerks that do or should keep a controlment of the Pell of receipts and goings out And in one word this officer was originally one that took notes of any other officers accounts or receipts to the intent to discover him if he dealt amisse and was ordained for the Princes better security howsoever the name sithence may be in somethings otherwise applyed To the proof whereof you may take these few words out of Fleta lib. 1. cap. 18. in prim Qui cùm fuerint ad hoc vocati Electi speaking of the Coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentent contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illudtangentibus c. Which contrarollum is nothing else but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or original This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France For there the King hath his Receivers of Tailes in every Province Controllers qui ad majorem fidem susceptoribus accedunt describuâ—tque in tabulis quae colliguntur Gregorii syntag lib. 3. cap. 6. num 6. Conventione is a Writ that lyeth for the breach of any covenant in writing Register orig fol. 185. Old nat br fol. 101. Fitzh calleth a Writ of Covenant nat br fol. 145. who divideth covenants into personal and real making a sufficient discourse of them both as also how this Wtit lyeth for both Convict convictus is he that is found guilty of an offence by the verdict of the Jurie Stawnf pl. cor fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith that conviction is either when a man is out-lawed oâ— appeareth and confesseth or else is found guilty by the Inquest Crompt Just of Peace fol. 9. a. Conviction and attainder are often confound ed lib. 4. fol. 46. a. b. See Attaint Coparceners participes be otherwise called Parceners and in Common Law are such as have equal portion in the Inheritance of their Ancestour and as Litleton in the beginning of his third Book saith Parceners be either bâ— Law or by custome Parceners by Law are the issue Female which no heir Male being come in equality to the Lands of their Ancestours Bract. lib. 2. cap. 30. Parceners by custom are those that by Custome of the Countrey challenge equal part in such Lands as in Kent by the Custome called Gavel Kind This is called Adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the Civilians it is termed familiae erciscundae judicium quod inter cohaeredes ideo redditur ut haereditas dividatur quod alterum alteri dare facere oportâ—bit praestetur Hotoman Of these two you may see Litleton at large in the first and second Chapters of his third Book and Britton cap. 27. intituled De heritage divisable The Crown of England is not subject to Coparcinory anno 25 H. 8. cap. 22. Copie copia cometh from the French copia i. le double de quelque escripture latinè descriptio graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an original writing as the copie of a Charter the copie of a Court-roll Copia libelli deliberanda is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical Reg. orig fol. 51. Copie-hold tenura per copiam rotuli curiae is a tenure for the which the Tenent hath nothing to shew but the copie of the Rolls made by the Steward of his Lords Court For the Steward as he inrolleth and maketh remembrances of all other things done in the Lords Court so he doth also of such Tenents as be 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 copie whereof the Tenent taketh from him and keepeth as his only Evidence Coke lib. 4. fol. 25. b. This Tenure is called a Base-tenure because it holdeth at the will of the Lord. Kitchin fol. 80. cap. Copy-holds Fitzh nat br fol. 12. B. C. who there saith that it was wont to be called Tenure in villenage and that this Copie-hold is but a new name Yet it is not simply at the will of the Lord but according to the custome of the Manor So that if a Cople-holder break not the custome of the Manor and thereby forfeit his Tenure he seemeth not so much to stand at the Lords courtesie for his right that he may be displaced hand over head at his pleasure These customes of Manor be infinite varying in one point or other almost in every several Manor First some Copy-hold is fineable and some certain that which is fineable the Lord rateth at what fine or income he pleaseth when the Tenent is admitted unto it that which is certain is a kind of inheritance and called in many places Custumarie because the Tenent dying and the hold being void the next of the blood paying the custumarie fine as two shillings for an Acre or such like may not be denyed his admission Secondly some Copy-holders have by custome the wood growing upon their own land which by Law they could not have Kitchin ubi supra Thirdly Copy-holders some be such as hold by the verge in ancient Demesn and although they hold by Copy yet are they in account a kind of Free-holder For if such a one commit Felonie the King hath annum diem vastum as in case of Freehold Some other hold by common Tenure called meer Copy-hold and they committing Felony their land escheateth to the Lord of the Manor forthwith Kitchin fol. 81. chap. Tenents per verge in ancient Demesn What ancient Demesn is see in the right place See Tenent by Copie
of Court-roll This is the land that in the Saxons time was called Folk-land Lamberd explicat of Saxon words verbo Terra ex scripto West part prim symb l. 2. Sect. 646. defineth a Copy-holder thus Tenent by copie of Court-roll is he which is admitted Tenent of any lands or tenements within a Manor that time out of memory of man by use and custome of the said Manor have been demisable and demised to such as will take the same in Fee in fee-Fee-tail for life years or at will according to the custome of the said Manor by copy of Court-roll of the same Manor where you may read more of these things Coraage coraagium is a kind of imposition extraordinary and growing upon some unusual occasion and it seemeth to be of certain measures of corn For corus tritici is a certain measure of corn Bracton libro 2. cap. 116. nu 6. who in the same Chapter num 8. hath of this matter these words Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetisdine veniunt nisi cum necessitas intervenerit vel cùm rex venerit sicut sunt hidagia coraagia carvagia alia plura de necessitate ex consensu communi totius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentem suum acquietare nisi se ad hoc specialiter obligaverit in charta sua c. Cordiner cometh of the French Cordovannier i. sutor calcearius a Shoo-maker and is so used in divers Statutes as anno 3 H. 8. cap. 10. anno 5 ejusdem cap. 7. and others Cornage cornagium cometh of the French cor i. cornu and in our Common law signifieth a kind of grand seargancy the service of which tenure is to blow a horn when any invasion of the Northern enemy is perceived And by this many men hold their land Northward about the wall commonly called the Picts-wall Cambden Britan. pag. 609. hence cometh the word cornuare to blow a horn pupil oculi parte 5. cap. 22. in charta de Foresta This service seemeth to have proceeded from the Romans For I find cornicularios mentioned in the Civil law viz. lib. 1. Cod. de officio diverso Jud. 48. lege 3. lib. 12. tit de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius lib. 3. de verbo significat faith thus of them hi militum quoddam genus fuere quicorniculo merebant unde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horn was an honour and reward given for service in war Corner-tile See Gutter-tile Corody corodium cometh of the Latine verb corrodo and signifieth in our Common Law a summe of money or allowance of meat and drink due to the King from an Abbey or other house of Religion whereof he is the founder toward the reasonable sustenance of such a one of his servants being put to his pensior as he thinketh good to bestow it on And the difference between a corrodie and a pension seemeth to be that a Corrody is allowed toward the main enauce of any the Kings servants that liveth in the Abbey a pension is given to one of the Kings Chaplains for his better maintenance in the Kings service until he may be provided of a benefice Of both these read Fitzh nat br fol. 230 231 233. who there setteth down all the Corrodies and pensions certain that any Abbey when they stood was bound to perform unto the King There is mention also of a Corrody in Stawn praerogative 44. And this seemeth to be an ancient law For in Westm 2. cap. 25. it is ordained that an Assise shall lie for a Corrody It is also apparent by the Statute anno 34. 35 H. 8. c. 16. that Corrodies belonged some time to Bishops from Monasteries and by the new Terms of law that a Corrody may be due to a common person by graunt from one to another or of common right to him that is founder of a Religious house not holden in frank almoyn For that Tenure was a discharge of all Corrodies in it self By which book it appeareth also that a Corrody is either certain or uncertain and that it may be for life years in Tail or in Fee Corodio habendo it is a Writ whereby to exact a Corrody of any Abbey or Religious house See Corodie see the Regist. orig fol. 264. Coronatore eligendo is a Writ which after the death or discharge of any Coroner is directed to the Shyreeve out of the Chancery to call together the Free-holders of the County for the choice of a new Coroner to certifie into the Chancerie both the election and the name of the party elected and to give him his oath See Westm 1. cap. 10. and Fitzh nat br fol. 163. and the Register orig fol. 177. Coroner coronator is an ancient Officer of this land so called because he dealeth wholly for the King and Crown There be four of them commonly in every County and they are chosen by the Free-holders of the same upon Writ and not made by Letters Patents Crompt Jurisd fol. 126. This Officer though now he be some inferiour Gentleman that hath some smattering in the Law yet if we look to the statute of Westm 1. cap. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreet Knight that best will and may attend upon such an office Yea there is a Writ in the Register Nisi sit miles fol. 177. b. whereby it appeareth that it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings rent of Free-hold And the Lord Chief Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he remaineth libro assissarum fol. 49.5 coron Coke lib. 4. casu de Wardens c. of the Sadlers fol. 57. b. His office especially concerneth the Plees of the Crown But if you will read at large what anciently belonged unto him read Bract. lib. 3. tract 2. cap. 5. de officio coronatorum circa homicidium and cap. 6. de of sicio coronatoris in thesauris inventis and cap. 6. de officio coronatorum in raptu virginum and cap. 8. de officio coronatorum de pace plagis And Britton in his first Chapter where he handleth it at large Fleta also in his first book cap. 18. and Aâ—drew Horns mirrour of Justices lib. 1. cap. del office del coroners But more aptly for the present times Stawnf pl. cor lib. 1. cap. 51. Note there be certain Coroners special within divers liberties as well as these ordinary officers in every Countie as the Coroner of the Verge which is a certain compasse about the Kings Court whom Crompton in his Jurisd
Nisi prius which came to his hand that term which received he bindeth into a bundle and bestoweth them The Custos breviam also maketh entry 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 levied The Fines after they be ingrossed the parts thereof are divided between the Custos brevium and the Chirographer whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note the Custos brevium keepeth the concord and the foot of the Fine upon the which foot the Chirographer do because the Proclamations to be endorsed when they be all proclaimed This Office is in the Princes gift Custos placitorum coronae Bracton l. 2. cap. 5. This seemeth to be all one with him whom we now call Custos rotulorum Of this Officer I find mention in the Writ odio acia Regist orig fol. 133. b. Custos rotulorum is he that hath the custodie of the Rolls or Records of the Sessions of Peace and as some think of the commission of the Peace it self Lamb. Eirenarch lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum in the County where he hath his Office Idem eodem and by his Office he is rather termed an Officer or Minister than a Judge because the Commission of the Peace layeth by expresse words this especial charge upon him quòd addies loca praedicta brevia praecepta praecessus indictamenta prodictacoram te dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this Office Custos of the spiritualities custos spiritualitatis vel spiritualium is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Dioces during the vacancie of the See the appointment of whom by the Canon Law appertaineth to the Dean and Chapter ca. ad abolendā Extra Ne sede vacante aliquid innovetur But with us in England to the Arch-bishop of the Province by Prescription Howbeit divers Deans and Chapters if M. Gwin say truly in the Preface to his Readings do challenge this by auncient Charters from the Kings of this Land Cutter of the tayls is an Officer in the Exchequer that provideth Wood for the Tayles and cutteth the sum paid upon them and then casteth the same into the Court to be written upon DA DAmmage cometh of the French dam or domage signifying generally any hurt or hinderance that a man taketh in his estate But in the Common law it particularly signifieth a part of that the Jurours be to enquire of passing for the Plaintiff or Demandant in a Civil action be it personal or real For after verdict given of the principal cause they are likewise asked their consciences touching costs which be the charges of sute called of the Civilians expensae litis and Dammages which conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant Dane-gilt Dane-gold or Dane-gelt Dane-geldum is compounded of Dane and gelt i. pecunia and was a Tribute layd upon our Ancestors of twelve pence for every hide of Land through the Realm by the Danes that once got the masterie of us in regard as they pretended of clearing the Seas of Pyrates which greatly annoyed our Land in those dayes Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd cap. 11. Stow in his annals pag. 118. saith that this tribute came to 40000. pounds by the year and that it was released by Ed. the Confessor The Author of the new terms of Law saith that this tribute began in the time of King Etheldred who being sore distressed by the continual invasion of the Daue to procure his peace was compelled to charge his people with importable payments For first he gave them at five several payments 113000. pounds and afterward granted them 48000. pounds yeerly See Roger Hoveden parte poster suorum annalium in Henrico secundo fol. 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. ultimus Darrein presentment ultimae prasentatio See Assise or Darreyn presentment Dates dactyli is the plumme or fruit of the tree in Latine called palma in English the Date-tree well known to most men by sight And he that will farther understand the nature or diversities of this fruit may repair to Gerards Herbal lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled 1 Jacob. 19. Day dies is sometime used in the Law for the day of appearance in Court either originally or upon assignation and sometime for the returns of Writs For example dayes in bank be dayes set down by Statute or order of the Court when Writs shall be returned or when the party shall appear upon the Writ served And of this you may read the Statutes anno 51 H. 3. cap. 1. 2. Marlb cap. 12. anno 52 H. 3. and the Statute de anno bissextili anno 21 H. 3. and lastly anno 32 H. 8. cap. 21. To be dismissed without day is to be finally discharged the Court Kitchin fol. 193. He had a day by the Roll Kitchin fol. 197. that is he had a day of appearance assigned him Day Yeer and waste See Dies and Year DE Deadly feud feuda is a profession of an unquenchable hatred until we be revenged even by the death of our enemy It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is used anno 43 Eliz. cap. 13. Dead pledge mortuum vadium See Mori gage Dean decanus is an Ecclesiastical Magistrate so called of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least Howbeit in England we use to call him a Dean that is next under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum he Chapter But this word how diversly it is used read Lindwood titulo de judic ca. pri verbo Decani rurales where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned unto them by the Bishop and Archdeacon being placed and displaced by them As there be two foundations of Cathedral Churches in England the old and the new the new be those which Henry the eighth upon suppression of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter so be there two means of creating these Deans For these of the old foundation are brought to their dignity much like Bishops the King first ending out his Congé d'eslire to the Chapter the Chapter then chusing the King yeelding his royal assent and the Bishop confirming him and giving his mandate to install him
the Heir of him that holdeth Land of the Crown either by Knights service or in soccage and dyeth be he under or at full age directed to the Escheatour of the County for inquiry to be made by him of what estate the deceased party was seised who is next heir unto him and of what value the Land is The form thereof and other circumstances you may learn in Fitz. nat br fol. 251. Dyer was a learned Lawyer and Lord Chief Justice of the Common Plees in the dayes of Queen Elizabeth who writ a Book of great account called his Commentaries or Reports Dies datus is a respight given to the Tenant or Defendant before the Court Brook tisulo Continuance Dicker of Leather is a quantity consisting of ten hides The name may seem to come from the Greek Decas which is also a Latine word signifying ten in number Diguity Ecclesiastical dignitas Ecclesiaâ—tica is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be administratio cum jurisdictione potestate te aliquae conjuncta Glos in cap. 1. de consuct in sexte whereof you may read divers examples in Duarynus de sacris Eccles minist benefic lib. 2. cap. 6. Dioces diocesis is a Greek word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth 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 respect of Jurisdiction Ecclesiasticall Diet a rationabilis is in Bracton used for a reasonable dayes journey lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significations not needful here to be set down v. vocab utriusque juris Dimibaque See Haque Disalt signifieth as much as to disable Litleton in his Chapter of Discontinuance Disceite See Deceit and deceptione See the new book Entrie verbo Disceit Discent Discensus in the French Descents signifieth in the Common law an order or means whereby Lands or Tenements are derived unto any man from his Ancestors as to makehis discent from his Ancestors Old nat br f. 101. is to shew how and by what degrees the Land in question came to him from his Ancestors as first from his great Grandfather to his Grandfather from his Grandfather to his Father and so to him Or in such other like sort This discent is either lineal or collateral Lineal Discent is conveyed downward in a right line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral discent is springing out of the side of the whole blood as Grandfathers brother Fathers brother c. See the new Tearms of Law Disclamer Disclamium is a Plee containing an expresse denial or refusal as if the Tenant sue a Replevin upon a Distresse taken by the Lord and the Lord avow the taking of the distresse saying that he holdeth of him as of his Lord and that he distremed for rent not payd or service not performed then the Tenant denying himself to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant leeleth his Land Terms of Law Of this see Skene de verb. fignif verbo Disclamation Also if a man denie himself to be of the blood or kindred of another in his Plee he is said to disclaim his blood Fitzh nat br fol. 197. G. See Brook titulo Diselamer If a man arraigned of Felony do disclaim goods being cleered he leeseth them Stawnf pl. cor fol. 186. See the new book of Entries verbo Disclamer Discontinuance Discontinuatio cometh of the French Discontinuer i. cessare intermittere and signifieth in the Common law nothing else but an interruption of breaking off as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not than to define the thing The effect of Discontinuance of possession is this that a man may not enter upon his own Land or Tenement alienated whatsoever his right be unto it of his own self or by his own authority but must bring his Writ and seek to recover possession by Law Examples you may have store in his Tearms of Law verbo Discontinuance And in Litleton codem capite with whom agreeth another in these words But Discontinuance of Possession is indeed an impediment to a man for entring into his own Land or Tenements caused by the fact of one that alienated them contrary to right and gave Livery and Seisin of them whereby the true owner is left only to his action See the new Tearms of Law and the Institutes of the Common law cap. 43. and see S. Ed. Cokes Reports lib. 3. the Case of Fines fol. 85. b. The effect of Discontinuance of Plee is that the instance is fallen and may not be taken up again but by a new Writ to begin the Sute a fresh For to be discontinued to be put without day is all one and nothing else but finally to be dismissed the Court of that instance West parte 2. Symbol tit Fines sect 115. So Crompton in his divers Jurisdictions fol. 131. useth it in these words If a Justice seat be discontinued by the not coming of the Justices the King may renew the same by his Writ c. In this signification Fitzherb in his nat br useth the word divers times as discontinuance of Corody fol. 193. A. To discontinue the right of his wise fol. 191. L. 193. L. Discontinuance of an assise fol. 182. D. 187. B. Disgrading Degradatis is the punishment of a Clerk that being delivered to his Ordinaty cannot purge himself of the offence whereof he was convicted by the Juryâ— and is nothing but the privation of him from those orders of Clerkship that he had as Priesthood Deaconship c. Slâ—â—f 〈…〉 138. There is likewise â—isgrading of a Knight Stowes Annals pag. 855. And it is not to be omitted that by the Canon Law there be two forte of disgrading one summary by word onely and another solemn by devesting the party degraded of those Ornaments and Rites which be the ensighes of his Order or Degree Dismes Decimes is made of the French Decimes and signifieth Tithe or the tenth part of all the fruits either of the earth or beasts or our labour due unto God and so consequently to him that is of the Lords lot and had his share viz. our Pastour It signifieth also the Tenths also of all spititual livings yearly given to the Prince called a perpetuar Dismo anno 2. 3. Edwar. 6. cap. 35. which in ancient times were paid to the Pope until Pope Urbane gave them to Richard the second to aid him against Charles the French King and those other that upheld Clement the seventh against him Polidor Vâ—igil Angl. hist
the Ordinarie or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the stature anno 8 R. 2. cap. 4. Of this Petr. Gregor de beneficits cap. 11. num 10. hath these words Sitamen Capellaniae fundatâ—e per Laicos non fuerint à Diocesano approbatae et ut loquuntur spiritualiz atae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Joh. Fab. ad § Nullius De rerum diuis Iden fundatores et baeredes corum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profana beneficin Guido Papaeus descis 187. See also Gregorius lib. 15. cap. 29. sui syntagmatis num 11. I sinde in the Preface of M. Gwins readings that as the King might of ancient times found a free Chapel and exempt it from the jurisdiction of the Diocesan so he might also by his Letters Patents license a common person to found such a Chapel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be depriveable by the Founder and his Heirs and not by the Bishop And this is likest to be the original of these Donatives in England Fitzh saith that there be certain Chauntries which a man may give by his Letters Patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were Donative by the King Coke lib. 3. fol. 75. b. Dooms day Rotulus Wintoniae domus D i Coke in praefatione ad librum saum is a Book that was made in King Ed. the Confeâ—ors dates as the Author of the Old nat br faith f. 15. containing in it not onely all the Lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon words verbo jus Dacorum c. proveth out of Gervasius Tilburiensis that this Book was made in William the Conquerours time with whom agreeth M. Cambden in his Bretan pag. 94. proâ—ing it out of Ingulphus that flourished the same time And for the better commendation of the Book it is not amiste to set down the words of Ingulphus touching the contents thereof Totam terram descripsit Nec er at hyda in tota Anglia quin valorem ejus possessorem scivit nec lacus nec locus aliquis qâ—sin in Regis rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor regiae rotitiae manifestatus juxta taxatorum fidem qui electâ— de qualibet patria territorium oroprium deseribebant Ifte rotulus vocatns est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione which seemeth to be taken out of the Book called Liber Rubeus in the Exchequer It is termed Liber Judicatorius and the reason why quia in co totius Regni descriptio diligens continetuâ— tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr mitur Dorture dormitorium anno 25 H. 8. cap. 11. is the common room place or chamber where all the Friers of one Covent slept and lay all night Dote assignanda is a Writ that lieth for a Widow where it is found by office that the Kings Tenent was feised of Tenements in Fee or Fee-tail at the day of his death c. and that he holdeth of the King in chief c. For in this case the Widow cometh into the Chancery and there maketh oath that she will not marry without the Kings leave anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour for which see the Register Original fol. 297. and Fitzherb nat br fol. 263. And this sort of Widowes is called the Kings Widow See Widow Dote unde nihil habet is a Writ of Dower that lieth for the Widow against the Tenent which hath bought Land of her Husband in his life time whereof he was feised solely in Fee simple or Fee tail in such sort as the issne of them both might have inherited it Fitzh nat br fol. 147. Regist. fol. 170. Dotts admensuratione See Admensurement See the Reg. orig fol. 171. Dotkins a kind of Coin pl. cor fol. 37. Iâ—seemeth to come of the Dutch word ' Duytkin that is the eighth part of a Stufer or French Shilling which in Latine is called Solidus Gallicus Doubles anno 14 H. 6. cap. 6. fignifie as much as Letters Patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the Defendant allegeth for himself two several matters in barre of the action where of either is sufficient to effect his desire in debarring the Plaintiff And this is nor to be admitted in the Common law wherefore it is well to be observed when a Pâ—ee is double and when it is not For if a man allege several matters the one nothing depending of the other the Piea is accounted double If they be mutually depending one of the other then is it accounted but single Kitchin fol. 223. See Brook hoc titule But why this doublenesse for so Kitchin calleth it fol. 234. should be debarred I see no reason under correction all things being spoken For a man may have two good defences and happily in the issue he shall contrarily to his hope fail in proving the one and yet be able to carry the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur libr. 5 aract 5. cap. 5. num 4. whom also read libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alleging this to be the course of our proceeding because the trial is by twelve rude men whose heads are not to be troubled with over many things at once lib. 2. de Repub. Anglor cap. 13. Double quarrel duplex querela is a complaint made by any Clerk or other unto the Archbishop of the Province against an inferiour Ordinary for delaying of Justice in some cause Ecclesiastical as to give sentence or to Institute a Clerk presented or such like The effect whereof is that the said Arch-bishop taking knowledge of such delay directeth his Letters under his authentical Seal to all singular Clerks of his Province thereby commanding and authorizing them and every of them to admonish the said Ordinatie within a certain number of dayes namely 9 dayes to do the Justice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to allege the cause of his delay And lastly to intimate to the said Ordinary that if he neither perform the
carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt and endowed it with such Royal right as the County Palatine of Chester had And for as much as it was afterward extinct in the person of King Henry the fourth by reason of the union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple fee-Fee-tail for term of life or of years against the alience Fitzherb nat br fol. 202. Duplicat is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a case wherein he had formerly done the same and was therefore thought void Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
such heirs c. This fee-Fee-tail hath the original from the statute of Westminster 2. cap. pri which was made anno 13 Edw. 1. Yet see Bracton lib. 2. cap. 5. num 3. in his verbis Item quaedam absoluta larga quaedam stricta coarctata sicut certis haeredibus To whom adde Plowden casu Willion fol. 235 a b seq 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 notwihstanding he might alienate and fell it at his pleasure much like that which the Civilians call Nudum praeceptum binding rather by counsel and advice than compulsion or restraint And this thing seeming unreasonable to the wisdome of our Realm because so a man meaning well to this or that posterity of himself or his friends might be forthwith deceived of his intention the said statute was made for redresse of this inconvenience whereby it is ordained that if a man give lands in fee limiting the Heirs to whom it shall descend with a reversion to himself or his Heirs for default c. that the form and true meaning of his gift shall be observed Wherefore in what conscience our Lawyers have invented means so easily to cut off this form of gift it is to be considered He that hath Fee then holdeth of another by some duty or other which is called service and of this service and the diversity thereof See Chivalrieâ— and Service He that will learn from what fountain these Feuds or Fees did first spring let him read Antonius Contius his first chapter de methodo feudorum where he shall receive great light for his guide into so obscure a dungeon See Leige This word Fee is sometimes used with us for the compasse or circuit of a Lordship or Manner Bracton lib. 2. cap. 5. in these words In eadem villa de eodem feodo Thirdly it is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee eod fol. 6. Old nat brev 41. Foster in Fee eod fol. 6. Rent granted in fee eod fol. 8. Sheriff in fee anno 28 Ed. 1. stat 3. cap. 8. Lastly Fee signifieth reward or ordinary duty that a man hath given him for the execution of his office or the performance of his industrie in his art or science as the Lawyer or the Physician 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 or expectativa substantively used Mathaeus de Afflictis decis 292. num 2. pag. 417. See expectant Fee-ferm fendi firma is acompound of Fee whereof see Fee and ferme i. colonia villa praedium rusticum of Ferme cometh Fermier du Prince i. manceps redemptor publicorum vectigalium Publicanus Fee-ferm signifieth in our Common law land held of another in Fee that is in perpetuity to himself and his Heir for so much yeerly rent as it is reasonably worth more or lesse so it be the fourth part of the worth old tenures See exposition of the Statute of Glocester anno 6 Edw. 1. without homage fealty or other services other than be especially comprised in the Feofment but by Fitzh it seemeth that 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 cap. 66. num 4. but observe out of West symbol parte 1. lib. 2. sect 463. that the Feofment may contain services and sute of Court as well as rent And the Author of the new Terms of law saith That Fee-ferm oweth Fealty though not expressed in the Feofment for that fealty belongeth to all kind of Tenures This is neer the nature of that which among the Civilians is called ager vectigalis qui in perpetuum licetur i. hac lege ut quam diu pro eo vectigal pendatur tam diunique ipsis qui conduxerunt ueque iis qui in locum eorum successerunt auferri cum liceat li. 1. Ï€. si ager vectigalis c. Feed feida alias faida signifieth in the German tongue Guerram i. capitales in micitias vel bellum Hotoman disputat de feudis cap. 2 b. Foemina dicâ—tur faidam non facere Gloss in § ult de lege Conradi lib. 2. de feudis by reason that Women by the law are not subject to warfare to battel or proclamation made for that cause Skene de verbo significa verbo Affidatio Master Lambert in his exposition of Saxon words writeth it Feeth and saith likewise that it signifieth Capitales inimicitias And also that Feud used now in Scotland and the North pates of England is the same that is a combination of kindred to revenge the death of any of their blood against the killer and all his race Felony felonia seemeth to come of the French Felonnie i. impetuositas atrocitas immisericordia Felonia saith Hotoman de verbis feudalibus non praescisè contumaciam vasalli in dominum hujusve in vasallum perfidiaâ—â— significat ver in quodvis capitale facinus And again Felonia Gothis Longobardis dicitur quod Germanis bodie Schelmarey Litinis Scelus Sir Edward Coke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fol. 124. b. Hostiensis in sua summa titulo De Feudis And others speak of this to this effect Felonia aliâs falonia est culpa vel injuria propter quam vassallus amittit feudum Sed haec respicit Dominum fendi Est alia fallonia quae non respicit Dominum sc quando vassallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commi sit quod pa ric dii appellatione continetur plures aliae fallonlae tam resp cientes Dominum quà m alios propter quas feudum amittitur â—bi notantur We account any offence Felony that is in degree next unto petit treason and compriseth divers particulars under it as murther theft killing of a mans self Sodometry Rape wilfull burning of houses and divers such like which are to be gathered especially out of statutes whereby many offences are daily made felony that before were not Felony is discerned from lighter offences by this that the punishment thereof is death Howbeit this is not perpetual For petit larcenie which is the stealing of any thing under the value of twelve pence is felony as appeareth by Broke titulo Coren num 2. his reason is because the Inditement against such a one must run with these words felonicè cepit and yet is this
not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. but more at large parte secunda cap. 13. per totum It is also called the defence moneth that is the forbidden moneth and the word defence is used in like sort West 2. cap. 47. anno 13 Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple 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 And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
Huckstow idem pag. 456. of Hay Manwood parte 1. pa. 144. of Cantsâ—lly eadem pag. of Ashdowne in the County of Sussex an 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the County of Northampton an 33. H. 8. cap. 38. Of Fronselwood in the County of Somerset Coke li. 2. Cromwels case fo 71. b. I hear also of the forest of Exmore in Devonshire There may be more which he that listeth may look for Forester forestarius is a sworn officer of the forest appointed by the Kings letters patents to walk the forest both early and late-watching both the vert and the venison attaching and presenting all trespassers against them within their own bayliwick or walk whose oath you may see in Crompton fo 201. And though these letters parents bee ordinatily granted but quam diu bene se gesserint yet some have this grant to them and their heirs and thereby are called Foresters or fosters in fee Idem fol. 157. 159. and Manwood parte 1. pag. 220. whom in Latine Crompton calleth Foresta rium feudi fo 175. Fore-judger forisjudicatio signifieth in the Common law a Judgement whereby a man is deprived or put by the thing in question It seemeth to be compounded of fo rs i. praeter and juger i. â—udicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So doth Kitchin use it fol. 29. and Old nat brev fol. 44 and 81. and the Stat. An. 5. E. 3. c. 9. an 21 R. 2. c. 12. Forjudicatus with Authors of other nations signifieth as much as Banished or as Deportatus in the antient Roman law as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis l. 3 feud Rub. 31. p. 625. Foregoers be Purveyors going before the King or Queen being in progresse to provide for them anno 36. Ed. 3. c. 5. Forfeiture forisfactura commeth of the French word Forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall Law than the transgression it self as forfeiture of Eschears anno 25 E. 3. ca. 2. statut de Proditionibus Goods confiscate and goods forfeited differ Staw pl. Co. f. 186. where those seem to be forfeited that have a known owner having committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendor as not his own nor claimed by any other I think rather that forfeitute is more general and confiscation particular to such as forfeit onely to the Princes Exchequer Read the whole chapter li. 3. ca 24. Full forfeiture plena forisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte 1. p. 341. The Canon Lawyers use also this word For forisfactura sunt pecuniariae pocnae delinquentium Glos in c. Presbyteri extrade poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who holding by Knights service and being under age and unmarried refuses her whom the Lord offereth him without his disparagement and marrieth another Fitz. nat br fo 141. H. I. K. L. Register original fol. 163. b. Forseng quietantiam prioris prisae designat in hoc enim delinquunt Furgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. ca. 47. Forgery see here next following Forger of false deeds Forger of false deeds cometh of the French Forger i. accudere fabricare conflare to beat on an anvile to fashion to bring into shape and signifieth in our Common law either him that frandulently maketh and publisheth false writings to the prejudice of any mans right or else the writ that lieth against him that committeth this offence Fitz. nat br fo 96. b c calleth it a writ of Deceit See Terms of Law verbo Forger and Wests Symb. parte 2. Indictments Sectio 66. See the new book of Entries verbo Forger de faits This is a branch of that which the Civilians call Cremen falsi Nam falsarius est qui decipiendi causa scâ—ipta publica falsificat Speculator de crimine falsi Falsicrimen propriè dicitur quod utilitatis privatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requir untur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est pu ibilis Hostiensis et Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any ands or tenements by vertue of any entail growing from the Statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is caled forma donations or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recovery of lands c. given to the 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 Donour in franck mariage and afterward alienated by the Donee For after his decease his heire shall have this writ against the renent or alienee Fitz. nat br fol. 211. He maketh three sorts or this formdon in the descender The first is in the manner now expressed The second is for the heir of a Coparcener that alienateth and dyeth fo 214. the third is called by him In simul tenuit fol. 216. which lieth for a Coparcener or heir in Gavelkind before partition against him to whom the other Goparcener or heir hath alienated and is dead Formdon in the Reverter lyeth for the Donour or his heirs where land entailed to certain and there issue with condition for want of such issue to revert to the Donour and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Fitz. nat br fol. 219. Formedon in the remainder lyeth where a man giveth lands in tail the remainder to another in tayl and afterward the former tenent in tail dyeth without issue of his body and a stranger abateth then he in the remainder shall have this writ Fitz. nat br f. 217. See the Register original fol. 238 242 243. Of this see the new book of Entries verb. Formdon Forsechoke seems to signifie originally as much as forsaken in our modern language or derelictum with the Romans It is especially used in one of our Statutes for land or tenements seised by the Lord for want of services due from the tenent and so quietly held and possessed beyond the year and day As if wee should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by law to recover them doth in due presumption of Law
fee with the which note Fitzherb agreeth nat br fol. 161. E. So that all the land in the Realm by this reason is either antient demesn or frank fee. The new expounder of the Law terms defineth frank fee to be a tenure in fee simple of lands pleadable at the Common law and not in antient demesn See Fachineus li. 7. c. 39. who defineth it feudum francum esse pro quo nullum servitium praestatur Domino with whom agreeth Zasius de feudis parte 12. saying that therefore it is fedum improprium quia ab omni fervitio liberum Frank ferme firma libera is land or tenement wherein the nature of fee is changed by feofment out of Knights service for certain yearly services and whence neither homage wardship mariage nor relief may be demanded nor any other service not contained in the feo ment Britton ca. 66. num 3. see Fee ferme Frank law libera lex See Cromptons Justice of peace fol. 156. b. where you shall find what it is by the contrary For he that for an offence as conspiracie c. leeseth his frank law is said to fall into these mischiefs first that he may never be impaneled upon any jury or assise or otherwise used in testifying any truth Next if he have any thing to doe in the Kings Court he must not approach thither in person but must appoint his Atturney Thirdly his lands goods and chattels must be seised into the Kings hands and his lands must be estreaped his trees rooted up and his body committed to prison For this the said Author citeth the book of Assises 2 fol. 59. Conspiracy F. 11.24 Edw. 3. fol. 34. See Conspiracy Frank marriage liberum maritagium is a tenure in tail speciall growing from these words in the gift comprised Sciant c. me M. H. de W. dedisse concessisse et praesenti charta mea confirmasse I. A. filio meo Margeriae uxori ejus filiae verae T. N. in liberum maritagium unum messuagium c. West parte 1. Symb. li. 2. sect 303. The effect of which words is that they shall have the land to them and the heirs of their bodies and shall doe fealty to the donour untill the fourth degree Se new terms of law Glanvile li. 7. ca. 18. Bracton li. 2. ca. 7. num 4. where he divideth maritagium in liberum servitio obligatum See Marriage Fleta giveth this reason why the heirs doe no service untill the fourth descent ne donatores vel eorum haeredes per homagum receptionem à reversione repellantur And why in the fourth descent and downward they shall do service to the donour quia in quarto gradu vehementer praesumiter quod terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frank pledge franciplegium is compounded of frank i. liber and pleige i. fidejussor and signifieth in our Common law a pledge or surety for free-men For the antient custome of England for the preservation of the publike peace was that every free born man at fourteen yeeres of age after Bracton religious persons Clerks Knights and their eldest sonnes excepted should find surety for his truth toward the King and his subjects or else be kept in prison whereupon a certain number of neighbors became customably bound one for another to see each man of their pledge forth comming at all times or to answere the transgression committed by any broken away So that whosoever offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his answer or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. housholds And every particular person thus mutually bound for himself and his neighbours was called Decennier because he was of one Decenna or another This custom was so kept that the Sheriffs at every county court did from time to time take the oaths of young ones as they grow to the age of 14 years and see that he were combined in one dozen or another whereupon this branch of the Sheriffs authoritie was called visus Franciplegii view of Frank pledge See the stat for view of Frank pledge made an 18. E. 2. See Decennier Leetview of Frank pledge Freoborghe That this discipline is borrowed by us of the Roman Emperours or rather Lombards appeareth most manifestly in the second book of Feuds ca. 53. upon which if you read Hotoman with those Authors that hee there recordeth you will think your labour well bestowed Read more of this viz. what articles were wont to be inquired of in this Court in Horns mirrour of Justices lib. 1. ca. de la veneu des francs pleges and what these articles were in antient times see in Fleta lib. 2. cap. 52. Fredwit See Fletwit Free chapel libera Capella by some opinion is a Chapel founded within a Parish for the service of God by the devotion and liberality of some good man over and above the mother Church unto the which it was free for the parishioner◠to com or not to come endowed with maintenance by the founder thereupon called free I have heard others say and more probably that those only be free Chapels that are of the Kings foundation and by him exempted from the Jurisdiction of the Ordinarie but the King may license a subject to found such a Chapel and by his Charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the Jurisdiction of the Diocesan appeareth by the Register original fol. 40. 41. These Chapells were all given to the King with chaunteries anno 1. Edw. 6. ca. 14. Free chapell of Saint Martin le grand an 3. Ed. 4. capite quarto et an 4. E. quarti c. 7. Free hold liberum tenementum is that land or tenement which a man holdeth in fee fee tail or at the least for term of life Bract. lib. 2. ca. 9. The new expounder of the Law terms saith that freehold is of two sorts Freehold in deed and freehold in law Freehold in deed is the real possession of land or tenements in fee fee tai◠or for life Freehold in law is the right that a man hath to such land or tenements before his entry or seisure I have heard it likewise extended to those offices which a man holdeth either in fee or for term of life Britton defineth it to this effect Franck tenement is a possession of the soil or services issuing out of the soil which a free man holdeth in fee to him and his heirs or at the least for term of his life though the soil be charged with free services or other cap. 32. Freehold is sometime taken in opposition to villenage Bract. lib. 4.37 38. M. Lamberd in his explication of Saxon words verbo
Gustwit seemeth to be compounded of Gult i. noxa and wit which is sayd by some skilful men to be an ancient termination of the words in the Saxon tongue fignifying nothing in it self but as dom or hood and such like be in these English words Christendom and Manhood or such others Others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his Description of England cap. 11. doth interpretet it is an amends for trespasse Gust Hospes is used by Bracton for a stranger or guest that lodgeth with us the second night lib. 3. tract 2. cap. 10. In the laws of Saint Edward set forth by Master Lambert num 27. it is written Gest Of this see more in Uncothe Gumme gummi is a certain clammy or tough liquor that in manner of a sweaty excrement issueth out of trees and is hardned by the Sun Of these there be divers sorts brought over Seas that be drugs to be garbled as appeareth by the statute Anno 1 Jacob. cap. 19. Gutter-tile aliâs Corner-tyle is a tyle made three-corner-wise especially to be layd in Gutters or at the corners of the tyled houses which you shall often see upon Dove-houses at the four corners of their roofs anno 17 Ed. 4. cap. 4. HA HAbeas corpus is a Writ the which a man indited of some trespasse before Justices of peace or in a Court of any franchise and upon his apprehension being layd in prison for the same may have out of the Kings bench thereby to remove himself thither at his own costs and to answer the cause there c. Fitzh nat br fol. 250. h. And the order is in this case first to procure a Certiorari out of the Chancery directed to the said Justices for the removing of the Inditement 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 find divers cases wherein this Writ is used Habeas corpora is a Writ that lieth for the bringing in of a Jurie or so many of them as refuse to come upon the venire facias for the trial of a cause brought to issue Old nat br fol. 157. See great diversity of this Writ in the table of the Register Judicial verbo habeas corpora and the new book of Entries verbo codem Habendum is a word of form in a deed of conveyance to the true understanding whereof you must know that in every deed of conveyance there be two principal parts the Premises and the Habendum The office of the Premisses is to expresse the name of the Grantor the Grantee and the thing granted or to be granted The office of 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 altereth the general implication of the joynt tenancie in the Free-hold which should passe by the Premisses if the habendum were not Coke vol. 2. Bucklers case fo 55. See Use Habere facias seisinam is a Writ Judicial which lieth 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. Terms of the Law wherof see great diversity also in the table of the Register Judicial verbo Habere facias seisinam This Writ is issuing sometime out of the Records of a fine executory directed to the Sheriff of the County where the land lieth and commanding him to give to the Cognizee or his heirs seisin of the land whereof the Fine is levied which Writ lyeth within the year after the Fine or Judgement upon a Scire facias and may be made in divers forms West parte 2. symb titulo 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 that was convicted of Felony Register origin fol. 165. Habere facias visum is a Writ that lieth in divers cases where view is to be taken of the lands or tenements in question See Fitzh nat br in Indice verbo View See Bracton lib. 5. tract 3. cap. 8. lib. 5. parte 2. cap. 11. See view See the Register Judicial fol. 1 26 28 45 49 52. Haberâ—ects Hauberiteus pannus magn chart cap. 25. Pupilla oculi parte 5. cap. 22. Hables is the plural of the French hable signifying as much as a Porte or Haven of the Sea whence Ships do set forth into other Countries and whither they do arrive when they return from their voyage This word is used anno 27 Hen. 6. cap. 3. Haerede deliberando alii qui habet custodiam terrae is a Writ directed to the Sheriff willing him to command one having the body of him that is ward to another to deliver him to him whose ward he is by reason of his land Regist. orig fol. 161. b. Haerede abducto is a Writ that lyeth for the Lord who having the wardship of his tenent under age by right cannot come by his body for that he is conveyed away by another Old nat br fol. 93. See Ravishment de Gard and Haerede rapto in Regist orig fol. 163. Haeretico comburendo is a Writ that lyeth against him that is an heretick viz. that having been once convinced of heresie by his Bishop and having abjured it afterward falleth into it again or into some other and is thereupon committed to the secular power Fitz. nat br fol. 269. Haga is used as a kind of Latine word for a house I find in an ancient book sometime belonging to the Abbey of Saint Augustines in Canterbury that King Stephen sent his Writ to the Sheriff and Justices of Kent in this manner Stephanus Rex Anglorum Vicecomiti et Iusticiariis de Kentsalutem Praecipio quòd faciatis habere Ecclesiae sancti Augustini monachis hagam suam quam Gosceoldus eis dedit ita bene in pace justae quietè liberè sicut eam eis dedit in morte sua coram legalibus testibus c. Hagbut See Haque and Haquebut Haye boote seemeth to be compounded of Haye i. Sepes and Bote i. compensatio The former is French and the second is Saxon. And although it do fall out sometime that our words be so compounded yet it is rare Wherefore it may be thought peradventure to come as well from Hag and Boote which be both Saxon words It is used in our Common law for a permission to take thorns and freeth to make or repair hedges Half haque See Haeque Half merk dimidia merka seemeth to signifie a noble Fitzh nat br fol.
French herault and in M. Virstigans judgement proceedeth originally from two Dutch words here i. exercitus and healt i. pugil maganimus As if he should be called the champion of the army having by especial office to challenge unto battel or combat With us it signifieth an officer at armes whose function is to denounce Warr to proclaim peace or otherwise to be imployed by the King in marshall messages or other businesse The Romanes called them plurally Feciales Master Stow in his Annals deriveth them from heroes pag. 12. which he hath from other that writ of that subject whose conjecture I leave to the Reader Their office with us is described by Polydore lib. 19. in this sort speaking of the Knights of the Garter he saith Habent insuper apparitores ministros quos heraldos dicunt quorum praefectus armorum Rex vocitatur hii belli pacis nuncii Ducibus Comitibusque à Rege factis insignia aptant ac corum funer a curant He might have added further That they may be the Judges and examiners of Gentlemens armes that they martiall all the solemnities at the coronations of Princes manage combats and such like There is also one and the same use of them with us and with the French nation whence we have their name And what their office is with them See Lupanus lib. prim de Magist Francorum ca. Heraldi There be divers of them with us whereof three being the chief are called Kings at armes And of them Garter is the principall instituted and created by Henry the fifth Stows Annals pag. 584. whose office is to attend the Knights of the Garter at their solemnities and to martial the solemnities of the funerals of all the greater Nobilitie as of Princes Dukes Marquesses Earles Viscounts and Barons Yet I find in Plowden casu Reniger et Fogassa That Edward the fourth granted the office of King of Heraulds to one Garter cum feudis et proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the fourth for he attaining the Dukedom of Clarence by the death of George his brother whom he beheaded for aspiring to the Crown made the herald which properly belonged to the Duke of Clarence a King at armes and called him Clarentius His proper office is to martial and dispose the funerals of all the lesser Nobility as Knights and Esquires through the realm of the South side or Trent The third is Norry or Northroy whose office is the same on the North side of Trent that Clarentius hath on this side as may well appear by his name signifying the Northern king or king of the North parts Beside these there be six other properly called Heralds according to their original as they were created to attend Dukes c. in martial expeditions viz. Yorke Lancaster Somerset Richmond Chester Windlesour Lastly there be four other called Marshalls or Purse vants at armes reckoned after a sort in the number of Heraulds and doe commonly suceed in the place of the Heraulds as they die or be preferred and those be Blew Mantle Rougecrosse Rougedragon and Percullis The Feciales among the Romans were Priests Nam Numa Pompilius divini cultus institutionem in octo partes divisit ita etiam sacerdotum octo ordines constituit c. Septimam partem sacrae constitutionis collegio eorum adjecit qui Feciales vocantur Erant autem ex optimis domibus viri electi per omne ipsi vitae tempus sacrati quorum partes in eo versabantur ut fidei publicae inter populos praeessent neque justum aliquod bellum fore censebatur nisi id per Feciales esset indictum Qui ut Festus ait à faciendo quòd belli pacisque faciendae apud eos jus esset Feciales dicti sunt Corasius Miscel juris civil lib. 1. cap. 10. num 12. Herbage herbagium is a French word and signifieth in our Common law the fruit of the earth provided by nature for the bit or mouth of the cattel But it is most commonly used for a liberty that a man hath to feed his cattel in another mans ground as in the forest c. Cromptons Jurisdiction fol. 197. Herbenger commeth of the French heberger or esberger hesberger i. hospitio excipere It signifieth with us an Officer of the Princes Court that allotteth the Noblemen and those of the houshould their Lodgings It signfieth also in Kitchin an Innekeeper fol. 176. Hereditaments hereditamenta seem to signifie all such things immoveable be they corporeall or incorporeall as a man may have to himself and his heirs by way of inheritance Vide anno 32. Henr. 8. cap. 2. or not being otherwise bequeathed doe naturally and of course descend to him which is our next heir of bloud and fall not within the compasse of an executor or administrator as chattels do Heriot see Hariot HI Hide of land hida terrae Saxonicè hidelandâ—s is a certain measure or quantity of land by some mens opinion that may be plowed with one plow in a year as the author of the new terms saith verbo Hidage By other men it is an hundred acres By Beda who calleth it Familiam it is as much as will maintain a family Crompton in his jurisdiction fol. 220. saith that it consisteth of an hundred acres every acre in length forty perches and in bredth four perches every perch sixteen foot and a halfe And again fol. 222. A hide of land containeth an hundred acres and eight hides or eight hundred acres contain a Knights fee. Of this read more in Master Lamberts Explication of Saxon words verba Hida terrae See Carve Hide and gaine Old nat Brev. fo 71. Coke lib. 4. Tirringhams case signifieth earable land See Gainage Hidage hidagium is an extaordinary taxe to be paid for every hide of land Bracton lib. 2. cap. 6. writeth thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia et Carvagia et alia plura de necessitate et ex consensu communi totius regni introducta quae ad Dominum feudi non pertinent c. Of this read the new Expounder of Law Terms who saith that Hidage is to be quit if the king shall tax all the lands by hides and yet also granteth it to be the tax it self saying that it was wont to be an usual kind of taxing as well for provision of armour as payments of money Hinefare see Heinfare Hidel 1. H. 7. ca. 6. seemeth to signifie a place of protection as a sanctuary Hierlome see Heirlome Hine seemeth to be used for a Servant at husbandrie and the master-hine a servant that overseeth the rest Anno 12. Richard 2. cap. quarto Hoblers hobellarii are certain men that by their tenure are tyed to maintain a little light Nagge for the certifying of any invasion made by enemies or such like
hurried to the Kings Bench if the cause were too high for the County Court They differed from the Justices of Oyer and Terminer because they as is above-said were sent upon some one or few especial cases and to one place whereas the Justices in Eyre were sent through the Provinces and Counties of the land with more indefinite and general Commission as appeareth by Bracton lib. 3. cap. 11 12 13 and Britton cap. 2. And again they seem to differ in this because the Justices of Oyer and Terminer as it is before said were sent uncertainly upon any uproar or other occasion in the countrey but these in Eyre as M. Gwin setteth down in the Preface to his Reading were sent but every seven year once with whom Horn in his mirrour of Justices seemeth to agree lib. 2. cap. queux point estre actourrs c. and lib. 2. cap. des peches criminels c. al suyte de Roy c. and li. 3. ca. de Justices in Eyre where he also declarâ—th what belonged to their office These were instituted by Henry the 2. as M. Camden in his Britannia witnesseth pag. 104. And Roger Hoveden parte posteri annalium fol. 313. b. hath of them these words Justiciarii itinerantes constituti per Henricum secundum i. qui divisit regnum suum in sex partes per quarum singulas tres Justiciarios itinerantes constituit quorum nomina haec sunt c. Justices of Gaol delivery Justiciarii ad Gaolas deliberandas are such as are sent with Commission to hear and determine all causes appertaining to such as for any offence are cast into the Gaol part of whose authority is to punish such as let to Mainprise those prisoners that by law be not baileable by the Statute de finibus cap. 3. Fitz. nat br fol. 151. I. These by likelihood in antient time were sent to Countries upon this several occasion But afterward Justices of Assise were likewise authorised to this anno 4 Ed. 3. cap. 3. Their oath is all one with other of the Kings Justices of either Bench Old Abridgement of Statutes titulo Sacramentum Justiciariorum See Oath Justices of labourers were Justices appointed in those times to redresse the frowardnesse of labouring men that would either be idle or have unreasonable wages See anno 21 Edvardi 3. cap. primo anno 25 ejusd cap. 8. an 31 ejusd cap. 6. Justices of Nisi prius are all one now adayes with Justices of Assises for it is a common Adjournment of a cause in the Gommon Plees to put it off to such a day Nisi prius Justiciarit venerint ad eas parte ad capiendas Assisas and upon this clause of Adjournment they are called Justices of Nisi Prius as well as Justices of Assises by reason of the writ or action that they have to deal in their Commission you may see in Cromptons Jurisdictions fol. 204. yet M. Crompton maketh this difference between them because Justices of Assise have power to give judgement in a cause but Justices of Nisi prius only to take the verdict But in the nature of both their functions this seemeth to be the greatest difference because Justices of Nisi prius have to deal in causes personal as well as real whereas Justices of Assise in strict acception deal only with the possessory writs called Assises Justices of trial baston alià s of trayl baston were a kind of Justices appointed by King Edward the first upon occasion of great disorder grown in the Realm during his absence in the Scotish and French warres they are called in the Old nat brev fol. 52. Justices of trial Baston but by Holynshed and Stow Ed. pri of Trail baston or trailing or drawing the staff as Holynshed saith Their office was to make inquisition through the Realm by the verdict of substantial Juries upon all officers as Maiors Sheriffs Bayliffs Escheators and others touching extortion briberies and other such grievances as intrusions into other mens lands and Barratours that used to take money for beating of men and also of them whom they did beat by means of which inqusitions many were punished by death many by ransome and so the rest flying the Realm the land was quieted and the King gained great riches toward the supporting of his wars Inquire farther of the name Baston is thought by some to be the beam of a pair of Scoales or Weights And this is in this place metaphorically applied to the just peising of recompence for offences committed My poor opinion is that the etymologie of this title or addition groweth from the French Treilles i. cancelli bars or lettises of what thing soever a grate with crosse bars or of the singular Treille i. pargula an house arbour a rail or form such as vines run upon and Baston a staff or pole noting thereby that the Justices imployed in this Commission had authority to proceed without any solemn Judgement Seat in any place either compassed in with railes or made Booth or Tent-wise set up with staves or poets without more work wheresoever they could apprehend the malefactors they sought for See libro Assisarum folio 57.141 Justices of Peace Justiciarii ad pacem are they that are aprointed by the kings Commission with others to attend the peace of the Countie where they dwell of whom some upon special respect are made of the Quorum because some businesse of importance may not be dealt in without the presence or assent of them or one of them Of these it is but folly to write more because they have so many things appertaining to their Office as cannot in few words be comprehended And again Justice Fitzherbert sometime sithence as also Master Lamberd and Master Crompton of late have written Bookes of it to their great commendation and fruitfull benefit of the whole Realm See also Sir Thomas Smith de repub Anglorum lib. 2. cap. 19. They were called Gardians of the Peace until the 36. year of king Edward the third cap. 12. where they be called Justices Lam. Eirenarcha lib. 4. cap. 19. pag. 578. Their oath see also in Lamberd lib. 1. cap. 10. Justices of Peace c. within Liberties Justiciarii ad pacem infra libertates be such in Cities and other Corporate Towns as those others be of any County and their authoritie or power is all one within their several precincts Anno 27 H. 8. cap. 25. Justicies is a Writ directed to the Sheriff for the dispatch of Justice in some especiall cause wherewith of his own authoritie he cannot deal in his County Court lib. 12. cap. 18. whereupon the Writ de Excommunicato deliberando is called a Justicies in the Old nat brev fol. 35. Also the Writ de homine replegiando eodem fol. 41. Thirdly the Writ de secunda superoneratione pasturae eodem fol. 73. Kitchin fol. 74. saith that by this writ called Justicies the Sheriff may hold plee of a great summe whereas of his ordinary authoritie he cannot hold plees but
I find in the Statute for Knights anno prim Ed. 2. cap. prim that such as had twenty pounds in fee or for term of life per annum night be compelled to be Knights Master Stowe in his Annals pag. 285 saith there were found in England at the time of the Conqueror sixty thousand two hundreds and eleven Knights fees others say 60215. whereof the religious Houses before their suppression were possessed of 28015. Knights fee is sometime used for the Rent that a Knight payeâ—h for his fee to his Lord of whom he holdeth And this is an uncertain sum some holding by forty shillings the shield some by twenty shillings as appeareth by Bracton lib. 5. tract prim ca. 2. Knighton gylde was a Gylde in London consisting of ninteen Knights which King Edgar founded giving unto them a portion of void ground lying without the walls of the City now called Portsokenward Stowe in his Annals pag. 151. LA LAborariis is a Writ that lyeth against such as having not whereof to live do refute to serve or for him that refuseth to serve in Summer where he served in Winter Orig. Regist fol. 189 b. Laches commeth of the French Lascher i. laxare or lasche i. frigidus ignavus flaccidus It signifieth in our Common law negligence as no Laches shall be adjudged in the Heir within age Litleton fo 136. and Old nat br fol. 110. where a man ought to make a thing and makes it not I of his laches cannot have an Assise but I must take mine Action upon the Case Lagon see Flotzon Laisedlists an 1 R. 3. ca. 8. Land tenent anno 14 Edw. 3. stat 1. ca. 3. anno 23 ejusdem cap. 1. 26. ejusdem stat 5. cap. 2. See Terre-tenent anno 12 R. 2. ca. 4. an 4 H. 4. c. 8. It is joyned with this word Possessor as Synonymon v. anno 1 H. 6. ca. 5. See Terretenant Lants de crescentia Walliae traducexdis absque custuma c. is a Writ that lyeth to the Customer of a Port for the permitting one to passe over Woolls without Custome because he hath paid Custome in Wales before Register fol. 279. Lapse Lapsus is a slip or departure of a right of Presenting to a void Benefice from the original Patron neglecting to present within six months unto the Ordinary For we say that Benefice is in lapse or lapsed whereunto he that ought to present hath omitted or slipped his opportunity anno 13 Elizab cap. 12. This lapse groweth as well the Patron being ignorant of the avoidance as privy except only upon the Resignation of the former Incumbent or the Deprivation upon my cause comprehended in the Statute anno 13 Eliz. cap. 12. Panor in ca. quia diversitatem num 7. de concess praebend Rebuffus de devolut in praxi benesiciorum Lancelotus de collation lib. 1. Institut Canon § Tempus autem In which Cases the Bishop ought to give notice â—o the Patron Larceny Laricinium commeth of the French Larcen i. furtum detractio alicui It is defined by West parte 2. Sym. titulo Inditements to be theft of personal goods or chattells in the Owners absence and in respect of the thing stolne it is either great or small Great Larcenny is wherein the things stoln though severally exceed the value of 12 d. and Petit Larceny is when the goods stoln exceed not the value of 12 d. hitherto M. West But he differeth from Bracton lib. 3. tract 2. cap. 32. nu 1. Of this see more in Stawnf pl. cor li. 1. cap. 15 16 17 18 19. Laghslâ—te is compounded of lah i. lex and slite i. ruptum and signifieth mulctam ruptae vel violatae legis Lamb. explication of Saxon words verbo Mulcta Last is a Saxon word signifying a burden in general as also particularly a certain weight for as we say a last of Hering so they say Ein last cornes last wines c. chence commeth Lastage which see in Lestage A Last of Hering containeth ten thousand anno 31. Ed. 3. stat 2. cap. 2. A Last of â—itch and tar or of ashes containeth 14 parrells anno 32 H. 8. cap. 14. A Last of hides anno 1 Jac. ca. 33. containeth 12 dozen of hides or skins Latitat is the name of a Writ whereby all men in personal actions are called originally to the Kings Bench Fitz. natura brevium fol. 78. M. And it hath the name from this because in respect of their better expedition a man is supposed to lurk and therefore being served with this writ he must put in security for his appearance at the â—ay for latitare est se malitiosè occultaere a nimo fraudandi creditores suos agere volentes l. Eulcinius § Quid sit latitare Ï€. Quibus ex eausis in possessionem eatur But to understand the true original of this Writ it is to be known â—hat in ancient time whilest the Kings Bench was moveable and followed the Court of the King the Custom was when any man was to â—e sued to send forth a Writ to the Sheriff of â—â—e County where the Court lay for the calling â—im in and if the Sheriff returned Non est inventus in Baliva nostra c. then was there a second Writ procured forth that had these words Testatum est â—um latitare c. and thereby the Sheriff willeth to attach him in any other place where he might be found Now when the tribunal of the Kings Bench came to be setled at Westminster the former course of Writ was kept for a long time first sending to the Sheriff of Middlesex to summon the party and if he could not be found there then next to apprehend him wheresoever But this seeming too troublesome for the Subject it was at last devised to put both these wits into one and so originally to attach the party complained of upon a supposall or fiction that he was not within the County of Middlesex but lurking elsewhere and that therefore he was to be apprehended in any place else where he was presumed to lye hidden by a Writ directed the Sheriff of the County where he is suspected to be And by this Writ a man being brought in is committed to the Marshall of that Court in whose custody when he is then by reason he is in the same County where the Kings Bench is he may be sued upon an Action in that Court whereas the original cause of apprehending him must be a pretence of some deceit or contempt committed which most properly of old belonged to the cognizance of that Court I have been informed that the bringing of these Actions of Trespass so ordinarily to the Kings Bench was an invention of Councellors that because only Sergeants may come to the Common Pleas Bar found a means to set themselves on work in that Court The form of this Writ is such Jacobus Dei gratia Angliae Franciae Scotiae Hibernia Rex fidei defonsor c. Vicecomisi Cantabridgiae salutem
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull 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 And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
right For I read in the Register judicial personam impersonatam for the Rector of a benefice presentative and not appropriated fol. 34. b. and see Dyer fol. 40. num 72. where he saith that a Dean Chapter be persons impersonees of a benefice appropriated unto them who also fol. 221. num 19. plainly sheweth that persena impersonata is he that is inducted and in possession of a Benefice So that persona seemeth to be termed impersonata only in respect of the possession that he hath of the benefice of Rectory be it appropriated or otherwise by the act of another And yet I have talked with men of good opinion in the common Law that hold only the proprietary of a benefice to be the person personee But if that were true he should rather be called person parsonnier i. partiarius vel particeps fructuum because the Vicar hath some part toward his paines in serving the cure For parsonnier in the French tongue is partiarius or particeps Partes finis nihil habuerunt c. is an exception taken against a fine levied Cooks reports lib. 3. the case of fines fol. 88. a. b. Parters of gold and silver See Finours Partitione facienda is a writ that lieth for those which 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 and Tenents in Gavell kind Old nat br fol. 142. Fitzh nat br fol. 61. Register orig fol. 76.316 and Register judiciall fol. 80. and the new book of Entries verbo partition Partlet seemeth to be some part of a mans attire as namely some loose collar of a dublet to be set on or taken off by it self without the bodies as mens bands or womens neckerchiefs be which are in some places or at least have been within memory called partlets This word is read in the Statute anno 24 H. 8. ca. 13. and seemeth to be a dimunitive of the word part Parvo nocumento is a writ See Nusance Passage passagium is a french word signifying transitum tranfitionem meatum It signifyeth in our common Law the hire that a man payeth for being transported over sea anno 4. Ed. 3. cap. 7. or over any river West 2. cap. 25. anno 13 Ed. pri Passagio is a writ to the keepers of ports to let a man passe over that hath license of the King Register original fol. 193. b. 194. a. Passeport is compounded of two French words Passer i perambulare transire and port i. portus It signifyeth with us a licence made by any that hath authority for the lafe passage of any man from one place to another anno 2. Ed. 6. ca. 2. Pasuage pasuagium See Paunage Patent literae patentes is different from a writ Cromptons Jurisd fol. 126. The Coroner is made by writ and not by patent See Letters patents See also Literae patentes in the table of the Register where you shall find the form of divers patents Patron Patronus is used in the Civil Law for him that hath manumitted a servant and thereby is both justly accompted his great benefactor and challengeth certain reverence and duty of him during his life see the title De jure patronatus in the Digist with the Feudists it is used pro authore feudi Hotom verbo Patronus in his commentary de verbis feudal In the canon Law as also in the feuds and our common Law It fignifyeth him that hath the gift of a benefice And the reason is because the gift of Churches and benefices originally belonged unto such good men as either builded them or else endowed them with some great pâ—rt of the revenew belonging unto them De jure patronatus in the Decretals Such might well be called Patrons as builded the Church or inriched it but these that now have the gift of a benefice are more coramonly patronized by the Church though against her will alwayes selling their presentations as deerly as they can and therefore may be called Patroni a patrocinando as Mons à movendo Patronum faciunt dos aedificatio fundus saith the old verse Of lay patrons one writeth thus Quod autem a supremis pontificibus proditum est ca. cùm dilectus extra de jure patronatus laicos babere praesentandi clericos Ordinariis hoc singulari favore sustinetur ut allectentur laici invitentur inducantur ad constructionem ecclesiarum c. quoniam codem Nec omni ex parte jâ—s patronatns spitituale censert debes sed temporale potius spirituali annexum glos in c. piae mentis 16. qu. 7. These be Corasius words in his paraphrase ad sacerdotiorum materiam parte pri cap. 2. parte 4. cap. 6. in principio hee thus writeth of the same matter Patroni in jure Pontificio dicuntur qui alicujus ecclesiae extruendae an t alterius cujuscunque fundationis ecclesiasticae authores fuerunt ideoque praesentandi offerendi clericum jus habent quem ecclesiae vacanti praeesse in ea collatis teditibus frui velint Acquirunt autem hic jus qui de Episcopi consensu vel fundant ecclesiam hoc est locum in quo templum extruitur assignant vel ecclesiam aedificant vel etiam constructas ecclesias ante consecrationem dotant ut non valde sit obscuruw jus patronatus quo de agimus finire jus esse praesentandi clericum ad ecclesiam vacantem ex gratia ei concessum qui consentiente Episcopo vel construxit vel dot avit ecelesiam Pannage Pannagium alias pasnagium or pennagium as it is latined in pupilla oculi may be probablythought to come of the French panez or panets which is a root somthing like a parsnep but somewhat lesse and ranker in taste which hogs in France feed upon though it be eaten by men also and the French may seem to come of the Latine panicium i. that which men use in the stead of bread Isidorus or panicium of the French It signifieth in our common Law the money taken by the Agistors for the feed of hoggs with the mast of the Kings forest Cromp. Jurisd fol. 165. West 2. cap. 25. anno 13. Ed. prl with whom M. Manwood parte pri of his forest lawes agteeth in these words Agistment is properly the common of herbage of any kind of ground or land or woods or the money due for the same and pawnage is most properly the mast of the woods or lands or hedge-rowes or the money due to the owner of the same for it But this learned man in his second part cap. 12. where hee writeth at large of this deriveth the word from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at the which I think he smiled himself when he set it down Linwood defineth it thus Pannagium est pastus pecorum in nemoribus et in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi titulo
lying neer one another and consenting to have their bounds severally known It is directed to the Shyreeve commanding him to make perambulation and to set down their certain limits between them Of this read more at large in Fitz. nat br fol. 133. See Rationalibus divisis See the Regist orig fol. 157. and the new book of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is used with us for a rod or Pole of sixteen foot and a half in length Whereof Fourty in length and four in breath make an acre of ground Cromptons Jurisdict fol. 222. Yet by the custom of the country it may be longer as he there saith For in the Forest of Sherwood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Rood of land where he hath also these words in effect Three beer corns without tails set together in length make an inch of the which corns one should be taken off the middle ridge another of the side of the ridge another of the furrow Twelve inches make a foot of measure three foot and an inch make an elne six elnes long make one fall which is the common lineal measure and six elnes long and six broad make a square and superficiall fall of measured land And it is to be understood that one rod one raip one lineall fall of measure are all one for each one of them containeth six elnes in length Howbeir a rod is a staff or pole of wood a rasp is made of tow or hemp And so much land as fall thunder the rod or raip at once is called a fall of measure or a lineal fall because it is the measure of the line or length only Like as the superficiall fall is the measure both of length and bredth Item ten falls in length and four in breadth make a Rood four Roods make and acre c. This is the measure of Scotland whereof you may read more in the same place Perdonatio utlagariae in the Register judiciall fol. 28. is the form of pardon for him that for not comming to the Kings court is out-lawed and afterwards of his own accord yeeldeth himself to prison Peremptory peremptorius commeth of the verb perimere to cut off and joyned with a substantive as action or exception signifyeth a finall and determinate act without hope of renewing So Fitzh calleth a peremtory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q R. fol. 108. D. G. and non-sute peremptory idem eodem fol. 5. N. F. fol. 11. A peremptory exception Bracton li. 4. cap. 20. Smith derep Anglorum li. 2. cap. 13. calleth that a preremptory acception which can make the state and an issue in a cause Perinde valere is a dispensation graunted to a Clerk that being defective in his capacity to a benefice or other ecclesiastical function is de facto admitted unto it And it hath the appellation of the words which make the faculty as effectual to the party dispensed with as if he had been actually capable of the thing for which he is dispensed with at the time of his admission Perkins was a learned Lawyer fellow and bencher of the inner Temple that lived in the daies of Edw. the 6. and Queen Mary He wrote a book upon divers points of the common Law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexe cum ecclesia et praebenda is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist orig fol. 307. a. Pernour of profits cometh of the French verb. prendere i. acciperâ— and signifieth him that taketh as pernour of profits anno 1 H. 7 ca. pri Pernour de prosits et cesti que use is all one Coke li. i. casu Chuâ—ley fol. 123. a. See Pernour anno 21. R. 2. ca. 15. Per quae ervitia is a writ judicial issuing from the note of a fine and lyeth for the cognizee of a maner seignory chief rent or other services to compell him that is tenant of the land at the time of the note of the fine levyed to atturn unto him West parte 2. symbol titulo Fines-Sect 126. To the same effect speaketh the old nat br fol. 155. See also the new book of Entries verbo per quae servitia Perquesite perquesitum signifyeth in Bracton any thing purchased as per quisitum facere lib. 2. cap. 30. numb 3. lib. 4. cap. 22. perquisites of court be those profits that grow unto the Lord of a maner by vertue of his Court Baron over and above the certain and yearly profits of his land as escheats mariages goods purchased by villeins fines of copie holds and such like New Termes of the Law Person See Parson Personable signifyeth as much as inhabled to hold or maintain plee in a court For example the demaundant was judged personably to maintain this action Old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien born in Portingall without the ligeance of the King and judgement was asked whether she would be answered The Plaintiff saith she was made personable by Parliament that is as the Civilians would speak it habere personam standi in judicio Personable is also as much as to be of capacity to take any thing granted or given Plowden casu Colthirst fol. 27. b. Personal personalis hath in our common Law one strange signification being joyned with the substantive things goods or Chatels as things personal goods personal Chatels personal for thus it signifieth any corporeal and moveable thing belonging to any man be it quick or dead So it is used in Westm par 2. symbol titulo Inditements sect 58. in these words Theft is an unlawfull fellonious taking away another mans moveable personal goods And again fol. 61. Larcency is a felonious taking away of anothers mans moveable personall goods and Kitchin fol. 139. in these words Where personal things shall be given to corporation as a horse a cow an oxe sheep hogs or other goods c. and Stawnford pl. cor fol. 25. Contrectatio rei alienae is to be understood of things personal for in things real it is not felony as the cutting of a tree is not fellony The reason of this application see Chattel Personalty personalitas is an abstract of personall The action is in the personalty old nat br fol 92. that is to say brought against the right person or the person against whom in law it lyeth I find these contrary words Personalitas impersonalitas in the Author of the book called vocabularius utriusque juris as for example Personalitas significatur per has dictiones tu mihi ego tibt cum alio significato quod probbialiter oencluditur si nullo modo concludatur tunc est impersonalttas quia actum vitiat pront ratio dictat verbi gratia
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same 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 wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff 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 an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction land or fraunchis and generally when any thing is done to the Nusance of the Kings tenents Et idem eodem fol. 203 saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his forest laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a Neighbour by a Neighbour lying near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve 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 the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is 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 the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
signifieth in our Common law even the same as the repeal of a Statute Rastal titulo Repeal Brook useth Repellance in this signification titulo Rapellance Repleader Replacitare is to plead again that which was once pleaded before Rastal titulo Repleader See the new Book of Entries verbo Repleader Replegiare See Replevie See Second deliverance Replevie Plevina is the bringing of the writ called Replegiari facias by him that hath his Cattell or other Goods distreined by another for any cause and putting in surety to the Shyreeve that upon the delivery of the thing distreined he will persue the action against him that distreined Terms of Law See Replegiare It is used also for the bayling of a man pl. cor f. 72 73 74. West pri cap. 11. cap. 15. anno 3 Ed. 1. Replegiare de averiis is a writ brought by one whose Cattell be distreined or put in pound upon any cause by another upon surety given to the Shyreeve to persue the action in law anno 7 H. 8. cap. 4. Fitz. nat br fol. 68. See the Register original of divers sorts of this writ called Replegiare in the Table verbo codem See also the Register judicial fol. 58. 70. See also the new book of Entries verbo Replevin See Dyer fol. 173. un 14. Replevish replegiare is to let one to mainprise upon surety Anno 3 Edw. 1. cap. 11. Replication replicatio is an exception of the second degree made by the Plaintiff upon the first answer of the Defendant West parte 2. symbol titulo Chancery sect 55. West 2. anno 13 Ed. pri cap. 36. This is borrowed from the Civilians De replicationibus li. 4. Institutio titulo 14. Report reportus is in our Common law a relation or repetition of a Case debated or argued which is sometime made to the Court upon reference from the Court to the Reporter sometime to the world voluntarily as Ploydens reports and such like Reposition of the Forest was an act whereby certain Forest grounds being made purlieu upon view were by a second view laid to the Forest again Manwood parte pri pag. 178. Reprisells reprisalia are all one in the Common and Civil law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data creditori pro injuriis et damiis acceptis Vocabucarius utriusque juris This among the ancient Romanes was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the Statute anno 27 Ed. 3. stat 2. cap. 17. Law of Marque of the German word March i. terminus limes And the reason may be because one destitute of Justice in another territory redresseth himself by the goods belonging to men of that territorie taken within his own bounds Requests Supplicum libelli Curia Requistionum is a Court of the same nature with the Chauncery redressing by equity the wrongs that poor men do suffer at their hand whose might they are not able to withstand either in Law or otherwise It took beginning as some men think by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed between the Prince and Petitioners by direction from the mouth of the King Guins Preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to plead his right in a cause for merly commenced between other two See the new book of Entries verbo Resceit V. Aide prier The Civilians call this admissionem tertii pro suo interesse Of this you have one example in the terms of Law viz. if Tenant for term of life or Tenant for term of years bring an action he in the reversion commeth in and prayeth to be received to defend the land and to plead with the Demandant Many more you may have in Brook titulo Resceit fol. 205. See Perkins Dower 448. Receit is also applyed to an admittance of plee though the controversie be between two only Brook estoppel in many places Resceyt of homage is a relative to doing homage for as the Tenant who oweth homage doth it at his admission to the land so the Lord receiveth it Kitchin fol. 148. See Homage Rescous Rescussus cometh of the French Rescourre se Rescourre du danger i. asserere se ab injuria It signifieth in our common Law a resistance against a lawful authority as for example if a Bayliff or other Officer upon a Writ do arrest a man and another upon a Writ do arrest a man and another one or more by violence do take him away or procure his escape this act is called a Rescus Cassanaeus in his book de consuctud Burg. hath the same word coupled with resistentia fol. 294. whereby it appeareth that other nations doe use this word in the same signification that we doe or the very like It is also used for a Writ which lyeth for this act called in our Lawyers Latine Breve de rescussu whereof you may see both the form and use in Fitz. nat bre fol. 101. and the Register original fol. 125. See the new book of Entries vâ—rbo rescous This rescous in some cases is treason and in some felony Crompton Justice fol. 54. b. Reseiser reseisire is a taking again of lands into the Kings hands whereof a general livery or â—â—ster le main was formerly missused by any person or persons and not according to form and order of law Of this see Stawnf praeroga 26. where it is handled at large See resumption Resiance resiantia seemeth to come of the French rasseoir see Rasseoir is residere and signifieth a mans aboad or continuance in a place Old nat br fol. 85. whence also commeth the participle resiant that is continually dwelling or abiding in a place Kitchin fol. 33. It is all one in truth with Residence but that custom of speech tyeth that only to persons ecclesiastical Reservation signifieth that rent or service which the granter in any grant tyeth the grantee to perform unto him or them or the Lord Paramont Perkins reservations per cotum Residence residentia cometh of the Latin residere and is peculiarly used both in the Canon and common Law for the continuance or aboad of a Parson or Vicar upon his benefice The default whereof except the party be qualified and dispensed with is the losse of ten pounds for every month anno 28 Henr. 8. cap. 13. Resignation resignittiò is used particularly for the giving up of a Benefice into the hands of the Ordinary otherwise called of the Canonists renunciatio And though it signifie all one in nature with the word Surrender yet it is by use more restreined to the yeelding up of a spiritual living into the hands of the Ordinary and Surrender to the giving up of 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
hath supremam authorit◠em Ecclesinsticam as the Pope had in time past Plowden casu Grendon fo 498. Resort is a word used properly in a writ of tayl or cousenage as descent is in a writ of right Ingham Respectu computi Vicecomitis habendo is a writ for the respiting of a Shyreeves accompt upon just occasion directed to the Treasurer and Barons of the Exchequer Register fol. 139 179. Respite of homage respectus homagii is the forbearing of homage which ought first of all to be performed by the Tenent that holdeth by homage Which respite may be occasioned upon divers good reasons but it hath the most frequent use in such as hold by Knights service in capite who because the Prince cannot be at leasure to take their homage do pay into the Exchequer at certain times in the year some small sum of mony to be respited untill the Prince may be at leasure to take it in person Responsions responsiones seems to be a word used properly and especially by the Knights of S. John of Jerusalem for certain accompts made unto them by such as occupied their lands or stocks Anno 32 H. 8. cap. 24. Responsalis is he that commeth for another at the day assigned for his appearance in Court Bracton Fleta seemeth to make a difference between atturnatum essoniatorem responsalem lib. 6. cap. 11. § Officium as if essoniator came only to allege the cause of the parties absence be he the Demandant or Tenent and responsalis came for the Tenent not only to excuse his absence but also to signifie what tryal he meant to undergo viz. the Combate or the Country lib. 6. cap. 11. § Si autem A man in antient time could not appoint an Attorny for him without warrant from the King Fleta codem cap. 13. in fine See Atturney This word is used in the Canon law Et significat procuratorem vel cum qui absentem excusat cap. Cum olim propter extra de rescript Restitution restitutio is a yeelding up again of any thing unlawfully taken from another It is used in the Common law most notoriously for the setting him in possession of Lands or Tenements that hath been unlawfully disseised of them which when it is to be done and when not see Cromptons Justice of peace fol. 144. b. c. usque 149. Restitutione extracti ab Ecclesia is a Writ to restore a man to the Church which he had recovered for his sanctuary being suspected of felony Register orig fol. 69. a. Restitutione temporalium is a Writ that lyeth in case where a man being elected and confirmed Bishop of any Diocesse and hath the Princes Royal assent thereunto for the recovery of the Temporalities or Barony of the said Bishoprick with the appurtenances And it is directed from the King to the Escheator of the County the form whereof you have in the Regist. orig fol. 294. and in Fitzb. nat br fol. 169. Where you may read also that it lyeth for those Abbots and Priors newly elected and confirmed that were of the Kings foundation Resummons resummonitio is compounded twice that is of re sub and Moneo and signifieth a second summons and calling of a man to answer an action where the first summons is defeated by any occasion as the death of the party or such like See Brook titu Resummons fol. 214. See of these four sorts according to the four divers cases in the Table of the Register judicial fol. 1. See also the new Book of Entries verbo Reattachment Resummons Resumption resumptio is particularly used for the taking again into the Kings hands such Land or Tenements as before upon false suggestion or other error he had delivered to the heir or granted by Letters patents to any man Brook titule Repetance resumption fol. 298. Thus it is applyed anno 31 H. 6. cap. 7. See Reseiser Retainer commeth of the French retenir i. detinere retinere it signifieth in the Common law a servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but only using or bearing his name or livery This Livery was wont to consist of Hats otherwise Hoods Badges and other suits of one garment by the year an 1 R. 2. ca. 7. These were taken by the Lords many times upon purpose of maintenance and quarrels and therefore they have been justly for the better freedom of Law forbidden by many Statutes as namely by anno 1 R. 2. cap. 7. upon pain of imprisonment and grievous forfeiture to the King and again anno 16 ejusd cap. 4. anno 20 ejusdem cap. 1. 2. and anno prim H. 4 cap. 7. by the which the Lords offending herein should make ransome at the Kings will and any Knight or Esquire hereof duly attainted should lose his said Livery and forfeit his fee forever and any Yeoman wearing the Livery of the King or other Lord should be imprisoned and make ransome at the Kings will only some few excepted in the said Statute which statute is further confirmed and explaned anno 2 H. 4. cap. 21. et an 7 ejusd cap. 14. anno 13. ejusd cap. 3. et anno 8 H. 6. ca. 4. And yet this offence was so deeply rooted that Edward the fourth was driven to confirm the former statutes and further to extend the meaning of them as appeareth by the statute made anno 8 Ed. 4. cap. 2. adding an especial pain of five pounds to every man that giveth such Livery and as much to every one so retained either by writing oath or promise for every month Yet is not this fault so well looked unto but that there is need of more pregnant Laws for the redresse thereof or at the least better execution of those that be already made These be by the Feudists called assidati Sic enim dicuntur qui in alicujus fidem et tutelam recepti sunt Neapol constitu lib. 3. titulo 7. And as our retainers are here forbidden so are those affidats in other countries Retraxit is an exception against one that formerly commenced an action and withdrew it or was non-sute before tryal Brook titulo Departure in despight Retraxit fol. 216. See also the new book of Entries verbo departer verbo retraxit Return returna cometh of the French retour i. reditio reversio recursus and in our common Law hath two particular applications as namely the teturn of a Writ by Shyreeves and Bayliffs which is nothing but a certificate made to the Court whereunto the writ directeth him of that which he hath done touching the serving of the same Writ And this among the Civilians is called Certificatorium Of returns in this signification speak the Statutes of Westm. 2. cap. 39. anno 13 Ed. prim and Tractatus contra Vice-comites et Clericos with divers others collected by Rastal titulo Return of Shyreeves So is the return of an Office Stawnf praerog fol. 70. a certificate into
differences and agreements between a Riot Rout and unlawfull assembly See in M. Lamb. Eirenarcha lib. 2. cap. 5. c. See the Statute 1 M. 1. ca. 12. et Kitchin fol. 19. who giveth these examples of Riots the breach of inclosures or banks or conducts parks pownds houses barnes the burning or stacks of corn Mr. Lamberd ubi supra useth these examples to beat a man to enter upon a possession forcibly See Ront and unlawful assembly See also Cromptons Iustice of peace divers cases of Riots c. fol. 53. See Trihings Ripiers riparii be those that use to bring fish from the sea coast to the inner parts of the land Camd. Britan. pag. 234. It is a word made of the Latine Ripa Rize oriza is a kind of corn growing in Spain Asia and India with the which both good foods and medicines be made whereof if you desire farther knowledge read Gerards Herbal lib. 1. cap. 52. This is mentioned among merchandize to be garbled in the Statute anno 1 Jaco cap. 19. RO Roag rogus seemeth to come of the French Rogu i. arrogans It signifieth with us an idle sturdy begger that wandring from place to place without pasport after he hath been by Justices bestowed upon some certain place of aboad or offered to be bestowed is condemned to be so called who for the first offence is called a Roag of the first degree and punished by whipping and boring thorow the grissel of the right ear with an hot iron an inch in compass and for the second offence is called a Roag of the second degree and put to death as a felon if he be above 18 years old See the Statute anno 14 Eliz. cap. 5. 18 ejusdem cap. 3. anno 36. cap. 17. If you will know who be Rogues and to be punished as Rogues by law read Lamberts Eirenarcha lib. 4 cap. 4. See Rout. Robbery robaria commeth of the French Robbe i. vestis and in our Common law a felonious taking away of another mans goods from his person or presence against his will putting him in fear and of purpose to steal the same goods West parte 2. Jymbol titulo Inditements sect 60. This is sometime called violent theft Idem eodem which is felony for two pence Kitchin fol. 16. and 22. lib. Assis 39. Robaria is a word also used in other Nations as appeareth by the annotations upon Mathaeus de afflictis descis 82. num 6. pag. 122. See Skene verbo Reif libro de verbo significat See Cromp. Justice of peace f. 30. b. Roberdsmen an 5 Ed. 3. cap. 14. anno 7 R. 2. cap. 5. M. Lamb. interpreteth them to be mighty theeves Eirenarch li. 2. cap. 6. pag. 90. Rodknights aliâs Radknights are certain servitours which hold their land by serving their Lord on Horse-back Bracton li. 2. ca. 36. num 6. saith of them debet equitars cum Domino sus de manerio in manerium vel cum Domint uxore Flo a lib. 3. cap. 14. § Continetus Redde Pertica is otherwise called a Pearch and is a measure of sixteen foot and an half long and in Stafford-shire 20 foot to measure land with See Pearch Rose tyle alias Creast tyle is that tyle which is made to lay upon the rudge of the house anno 17 Ed. 4. cap. 4. Rogation week dies rogationum is a time well known to all being otherwise called Gang-week The reason why it is so termed is because of the especial devotion of Prayer and Fasting then enjoyned by the Church to all men for a preparative to the joyfull remembrance of Christs glorious Ascension and the Descension of the holy Ghost in the form of cloven Tongues shortly after And in that respect the solemnization of carnal Matrimony is forbidden from the first day of the said week untill Trinity sunday See Advent Rood of land roda terrae is a certain quantity of Land being the fourth part of an Acre Anno 5 Eliza. cap. 5. See Perch Roll alias Roule rotulum commeth of the French rouler i. volvere pervolvere rotare whence also is the French Role ou Roule i. volumen catalogus codex It signifieth with us a shedule of Paper or Parchment turned or wound up with the hand to the fashion of a pipe So is it used in Stawnfplees of the Crown fol. 11. The Chequer Roll of the Kings house out of the statute anno 3 H. 7. cap. 13. which signifieth nothing but the Catalogue wherin the names of the Kings Houshold servants are set down And anno 5 Rich. 2. cap. 14. stat prim there is mention made of the great Roll of the Exchequer which seemeth otherwise to be called the Pipe The Roules is also a place destinated by Edward 3. to the keeping of the rolls or records of the Chancery situate between the two Temples in London Cambden Britan pag. 321. the Master whereof is the second man in Chancery and in the absence of the Lord Chancellor or Keeper sitteth as Iudge being commonly called the Master of the Rolls See Master of the Rolls Romescot is compounded of Rome and Scot as you would say the tribute due to Rome it is called by Matthaeus Westmonasteriensis consuetudo Apostolica à qua neque Reâ— neque Archiepiscopus vel Episcopus Abbas vel Prier aut quilibet inregno immunis erat and was first granted by Offa a Saxon King Camden Britan. pag. 6. See Peter pence and Roger Hoveden parte poster suorum annalium fol. 34 i. a. in Hen. secundo Roundlet is a certain measure of Wine Oyl c. containing 18 gallons and an half anno 1 R. 3. cap. 13. Rout routá is a French word signifying a company or flock as une grande route de gents on de cerfs i. grex hominum longa servorum series It signifieth in our Common law an Assembly of three persons or more going on about forcibly to commit an unlawfull act but yet do it not Westm. parte 2. symb titule Indictments sect 65. O. M. Lamberd thus saith of it A Rout is the same which the Geâ—manes yet call Rot meaning a bond or great company of men gathered together and going about to execute or executing indeed any Ryot or unlawfull act and saith more it is said properly of the multitude that assembleth themselves in such disorderly sort for their common quarrels As if the Inhabitants of a Town-ship do assemble to pull down a hedge or pale to have their common where they ought to have none or to beat a man that hath done them some publike offence or displeasure But the Statute of 18 Ed. 3. stat prim cap. unico which giveth process of outlawry against such as bring routs into the presence of the Instices or in any affray of the people and the Statute of 2 Richard 2 cap. 6. that speaketh of riding in great routs to make entry into Lands and to beat others and to take their wives c. do seem to understand it more largely And it is a
these Sheriffs in Henry the sixth his daies see in Fortescue cap. 24. fol. 53. b. The name Vicecomes commeth from the Normans as Shyreeve commeth from the Saxons For in the fifth Chapter of the Grand Custumary you have Viconte which the Latine Interpreter turneth Vicecomitem whose Office you shall find in that Chapter to be very like unto ours The form of the Shyreeves oath see in the Register original fol. 331. b. Of this read Master Skene de verborum significat verbo Shyreeve where he largely describeth the Office of the Shyreeve in Scotland in a discourse worth the reading Shyreeveweke of Winchester and of Essex anno 21 R. 2. ca. 10 et 11. Sbire Clerk seemeth to be the Under-shyreeve anno 11 H. 7. cap. 15. It is used sometime for a Clerk in the County-Court Deputy to the Undershyreeve See Sir Edward Cooks 4 books of Reports in Mittons case Shire mote See Turn Shorling and Morling seem to be words to distinguish Fells of sheep as if Shorling should signifie the Fels after the Fleeces be shorn off the sheeps back and Morling the Fels flean off after they be killed or die alone Anno 3 Edward quart cap. prim et anno 4 ejusdem capit tertio et anno 12 ejusdem cap. 5. et anno 14 ejusdem cap. 3. Shot commeth of the Saxon word sceate signifying pecuniam aut vectigal Lamberds explication of Saxon words verbo Primitiae Shr of metal SI Siout aliâs is a Writ sent out in the second place whereas the first sped not Cook libro quarto folio 55. b. It is so called of these word expressed in it For example lacobus Dci gratiâ— c. Vicecomiti Kant salutem Praeciâ—imus tibi sicut alt sâ—praecepimuâ— quod non omiâ—tas propter aliquam libâ—rtatem in Bâ—llivaâ—na quin caming rediaris et Capias A.B.d. C. in Comitatu â—uo Labourer c. as in the first Capias Lamb. in his tractate of Processes in the end of his Eirenarcht Sidemen aliâs Questmen be those that are yearly chosen according to the custome of every Parish to assist the Church-warddens in the inquiry and presenting such offenders to the Ordinary as are punishable in the Court Christian Significavit is a writ de ex communicato sapiendo which issueth out of the Chancery upon a Certificate given by an Ordinary of a man that standeth obstinately excommunicate by the space of forty daies for the laying him up in Prison without Bayl or Mainprise untill he submit himself to the authority of the Church And it is so called because of the word significavit mentioned in the Writ De excommunicate capiendo which have relation to the Certificate sent into the Chancery by the Ecclesiastical Judge There is also another writ within the Regist. orig of this name fol. 7. a. directed to the Justice of the Bench willing them to stay any sute depending between such and such by reason of any excommunication alleged against the Plaintiff because the sentence of the Ordinary that did excommunicate him is appealed from and the Appeal vet hangeth undecided Which see and see Fitzher nat br De excommunicato capiendo fol. 62. N. but especially 66. A. where you may find writs of this name in other cases Sine assensu capituli is a writ that lyeth in case where a Dean Bishop Prebendary Abbot Prior or Master of Hospital alieneth the Land held in the right of his house without the consent of the Chapter Covent or Fraternity For in this case his successor shall have this Writ Fitz. nat br fol. 195. Si non omnes is a writ of association whereby if all in commission cannot meet at the day assigned it is permitted that two or more of them may finish the business See Association And Fitz. nat brev fol. 185. 111. C. and Register origin fol. 202 206. 124. Sirecognescant is a writ that lyeth for a Creditor against his Debtor for mony numbred that hath before the Shyreeve in County Court acknowledged himself to owe unto his Creditour such a sum received of him in numer at is pecuniis The form of the writ is this Rex Vicecomiti salutem Praec tibi quodsi A. recognoscaâ— se debere R. 40. solid sine ulteriori dilatione tunc ipsum distâ—ing as ad praedictum debitum eidem R. sine disatione reddendum Teste c. Old nat brev fol. 68. SK Skawe anno 4 Ed. 4. cap. 1. Skyvinagâ— anno 27 H. 6. cap. 2. a proper name signifying the precincts of Caleis SL Sluse exclusa is a frame to keep or let water out of a ground SO Soc soca is word signifying a power or liberty of Jurisdiction as appeareth by these words out of Bracton Sunt quidam Barones alii libertatem habentes sc soc sac Tol Thian Infangthefe Vtfangthefe isti possunt judicare in Curia sua eum qui inventus fueris insra libertatem suam seisitus de aliquo latrocinio manifesto et li. 3. Tractat. 2. cap. 8. In the laws of King Edward set out by M. Lamberd fol. 132. you have these words Socha est quod fi aliquis querit aliquid in terra sua etiam furtum sua est Justicia si inventum fuerit an non Saxon in the Description of Britany cap. 11. saith that Sock is a sute of Court and that thereof cometh Soken But the signification of the word as I have been credibly informed is as much as Inquisitio which we in modern English term seeking Of this Sok Skene de verborum signifie speaketh to this effect Sok is an old word used in Charters and feoffments which in sundry old Books containing the municipal Law of this Realm is called Secta de hominibus suis in curia secundum consuetudinem Regni So after my opinion he that is inscoffed with Sok which now we call Soit but we in England Sute hath power to hold Courts within his own Barony in which hemines sui should give Soit Thus far M. Skene Of this Fleta hath these words In hujusmodi vero maneriis speaking of the Kings Manors erant olim liberi homines libere tenentes quorum quidam cum per potentiores è tenemintis suis ejecti fuerant eadem postmodum in villenagium tenenda resumpserunt quia hujusmodi tenentes cultores Regis esse dinoscuntur eis provisa fuit quies nesectas facerent ad Comitatus vel Hundredos vel ad aliquas inquisitiones Assisas vel Juratas nisi in Manerio tantùm aum tamen proterra quorum congregationem tunc socam appellarunt hinc est quèd Socmanni hodie dicuntur esse A soco enim derivantur quorum tenementa sunt villenagium domini privilegiatum ideo dicuntur glebae aserlptitii eo quod ab hujusmedi glebis amovers non deberent quamdiu solverent debitas pensiones nec compelli poterunt ad hujusmodi tenementa tenenda contra suas voluntates eò quòdcorpora jua sunt libera Nec obstabit
Councellors as the case may require Solet et debit See debet solet Solidata terrae See Farding deal of land Solace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our Common law as much as vocatio in jas or ciatio among the Civilians And thence is our word somner which in French is semoneur i. vocator monitor The Customary of Normandy for our summons hath semonse ca. 61. summons of the Exchequer anno 3 Edw. 1. cap. 19. anno 10. ejusdem cap. 9. How summons is divided and what circumstances it hath to be observed See Fleta li. 6. cap. 6 7. Sollutione feods militis Parlamenti and solutione feodi Burgen Parlamenti be Writs whereby Knights of the Parliament may recover their allowance if it be denied an 35 H. 8. ca. 11. Sontage Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kersies 3 Jacob. cap. 16. Sothale is a kind of entertainment made by Bayliffs to those of their hundreds for their gain Which sometime is called Filctable Of this Bracton lib. 3. tractat 1. cap. prim hath these words De Ballivis qui faciunt cervicias suas quas quandoque vocant sothail quandoque fictale ut pecunias extorqueant ab iis qui sequntur Hundreda sua et Balvas suas c. I think this should rather be written Scotale See Scotale Southvicont Sub vicecomes is the undersheriff Cromptons Jurisd fol. 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their Art signifying so much as to be leviable or possible to be gathered or collected For example Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he can gather anno 4 H. 5. cap. 2. SP Speaker of the Parliament is an Officer in that high Court that is as it were the common mouth of the rest and as the honourable assembly consisteth of two Houses one called the Higher or Upper House consisting of the King the Nobility and Kings Councell especially appointed for the same the other termed the Lower or Common House containing the Knights of the Shires the Citizens Barons of the Cinque Ports and the Burgesses of Borough Townes so be their also two Speakers one termed the Lord Speaker of the Higher House who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other is called the Speaker of the Lower House And the duties of these two you have particularly described in M. Vowels alias Hookers Book intituled The order and usage of keeping the Parliament Speciall matter in evidence See Generall Issue And Brook tit Generall issue and speciall evidence Spiritualities of a Bishop spiritualia Episcopi be those profits which he receiveth as he is a Bishop and not as he is a Baron of the Parliament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefit growing from ordering and instituting Priests prestation Money that subsidium charitativum which upon reasonable cause he may require of his Clergie Johannes Gregorius de Beneficis cap. 6. num 9. and the Benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. cap. 14. num 14. for these reckoneth Exactionem Cathedratic quartam Decimarum mortuariorum et oblationum pensitationem subsidium obaritativum celebrationem Spuedi collationem viatici vel commeatus oum Episcopus Romam proficiscitur jus Hospitii Litaniam et Processionem Spickenard spica nardi vel nardus is a medicinal herb whereof you may for your further instruction read Gerards Herball lib. 2. cap. 425. The fruit or eare of this for it bringeth forth an care like Lavender is a drug garbable anno 1. Jacob. cap. 19. Spoliation spoliatio is a writ that lyeth for an Incumbent against another Incumbent in case where the right of Patronage commeth not in debate As if a Person be made a Bishop and hath despensation to keep his Rectory and afterward the Patron present another to the Church which is instituted and inducted The Bishop shall have against this Incumbent a writ of Spolatio in curt Christian Fitzherbert nat br fol. 36. See Benevolence SQ Squalley anno 43. Elizab. b. cap. 10. Squyres See Esquires ST Stable stand is one of the four Evidences or presumptions whereby a man is convinced to intend the stealing of the Kings Dear in the Forest Manwood parte 2. of his Forest Lawes cap. 18. num 9. the other three be these Dogdrawe Backbear Bloudy hand And this Staplestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoot at any Deer or with a long Bowe or else standing close by a Tree with Greyhounds in a lease ready to slip Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. et anno 17. ejusdem cap. 9. Stallage Stallagium commeth of the French Estaller i. merces expenere expedire explicare It signifieth in our Common law money paid for pitching of stalls in Fair or Market See Scavage This in Scotland is called stallange Skene de verbor signific verbo Stallangiatores And among the Romans it was termed Siliquaticum à siliqua primo et minimo omnium pondere apudâ—llam nationem Stannaries stannaria commeth of the Latin stannum i. tynne signifying the Mines and works touching the getting and purifying of this mettall in Cornwal and other places Of this read Camden Britan. pag. 119 The liberties of the stannarie men granted by Edw. 1. before they were abridged by the Statute anno 50 Edw. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that Town or Citie whether the Merchants of England by common order or commandement did carry their wools wool-fells cloathes lead and tinne and such like commodities of our land for the utterance of them by the great The word may probably be interpreted two waies one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamberd in his Duties of Constables num 4. because the place is certain and setled and again from the French estape i. forum vinarium because to those places whither our English Merchants brought their commodities the French would also meet them with theirs which most o all consisteth in Wines But I think this latter the truer because I find in the Mirrour of the world written in French these words A Calais y avotte Estape de le laine c. Which is as much to say as the staple for wools c. You may read of many places appointed for this staple in the statutes of the Land according as the Prince by his Councel thought good to alter them from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth cap. 7. VVhat
travers Stawnf praerog fo 96. to tend an averment Brit. cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being used adjectively signifieth in English speech as much as it doth in French But in our Common law it is used as a verb and betokeneth as much as carefully to offer or circumspectly to endeavour the performance of any thing belongingunto us to tender As rent is to offer it at the time and place where and when it ought to be paid To tender his law of non summons Kitchin fo 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See law See make Tenementis legatis is a Writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and chatels to whom they list for the hearing of any controversie touching this matter and for the rectifying of the wrong Reg. orig f. 244. b. Tenant alias tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our Common law him that possesseth Lands or tenements by any kind of right be it in fee for life or for years This word is used with great diversity of Epithits in the Law sometime signifying or importing the efficient cause of possession as Tenent in Dower which is she that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a Statute forfeited unto him Tenent in frank mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage between him and his wife Tenent by the courtesie Idem fol. 159. i. he that holdeth for his life by reason of a child begotten by him of his wife being an Inheritrix and born alive Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in Mortgage Idem fol. 38. is he that holdeth by vertue of a mortgage or upon condition that if the lessor pay so much mony at such a day that he may enter and if not that the seassee shall have a fee simple fee tayl or freehold Sometime these Epithites import the manner of admittance as Tenent by the Verge in antient demeâ—n Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn Sometime the evidence that he hath to shew for his estate as Tenent by copy of Court roll which is one admitted Tenant of any Lands c. within a Manor that time out of the memory of man by the use and custome of the said Manour have been demisable and demised to such as will take the same in fee fee tayl for life years or at will according to the custome of the said manor West parte prim symb li. 2 sect 646 whom read more at large Again Tenent by charter is he that holdeth by feoffment in writing or other deed Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure As Tenent by Knight service Tenents in burgage Tenent in soccage Tenent in frank fee tenent in villenage Sometime they import the estate of the Tenent or his continuance in the Land as Tenent in fee simple Kitchin fol. 150. Tenent in fee tayl Idem fol. 153. Tenent at the will of the Lord according to the custome of the manner Idem fo 132 165. Tenent at will by the Common law Idem eodem Tenent upon sufferance Idem fol. 165. Tenent of state of Inheritance Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth as tenent in chief i. he that holdeth of the King in the right of his Crown Fitzher nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honor eodem Very tenent i. he that holdeth immediately of his Lord Kitchin fol. 99. For if there be Lord Mesn and tenent the tenent is very tenent to the Mesn but not to the Lord above Tenent paravailes pl. cor 197. Fitzh nat br fo 136. D. is the lowest Tenent and farthest distant from the Lord Paramount It seemeth to be Tenent Per availe See Dyers Commentaries fol. 25. nu 156. No tenent in right to the Lord but Tenent for the avowry to be made Littleton fol. 96. Sometime they have a relation between Tenents and Tenents in several kinds as Joynt tenents i. they that have equal right in lands and tenements and all by vertue of one title Litleton lib. 3. cap. 3. Tenents in Common be they that have equal right but hold by divers titles as one or more by gift or descent and others by purchase Idem eodem cap. 4. Particular tenent Stawnf Praerog fol. 13 that is he which holdeth only for his term as tenent in dower tenent by the courtesie or otherwise for life West parte 2. Symbol titulo Fines Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case lib. 1. fo 15. a. they be termors for years or life See Plowden casu Colthirst fol. 22. b. Sole tenent Kitchin 134. i. he that hath none other joyned with him If a man and his wife hold for both their lives and the man dyeth he dyeth not sole tenent Idem eodem Several tenent is opposite to joynt tenents or tenents in common See Several tenenoy Tenent al praecip is he against whom the writ Praecipe is to be brought Cokes Reports lib. 3. The case of Fines fo 88. a. Tenent in demesn anno 13 Ed. 1. cap. 9. anno 32 H. 8. ca. 37. is he that holdeth the demeans of a manor for a rent without fervice Tenent in service anno 20 Ed. 1. stat 1 is he that holdeth by service v. Britton cap. 79. in principio cap. 96 Car fealtic c. â—â—el quaere whether he may be termed tenent in Demein that holdeth some of the demeans howsoever and he tenent in service which is a Free-holder to a Manor holding by service for the Free-holds of a Manor are not accounted of the demesn but only that which the Lord keepeth in his own hand or letteth out by copy according to the custome of the Manor Tenent by execution anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an execution upon any Statute Recogn zance c. Tendeheved decanus vedcaput decem familiarum of this see Rogen Hovedon parte poster suorum annalium fol. 346 a. See Frank pledge Tenement tenementum is diversly used in the Common law most properly it signieth a house or home Stall but in a larger sig nfication it is taken either for house or land that a man holdeth of another And joyned with the Adjective Frank in our Lawyers French it
in every Tun anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. anno pri Ed. 6. ca. 13. anno pri Jacobi ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven after the rate of every Tun. Torny See Turney Totted anno 42 Edw. 3. cap. 9. anno 1 Ed. 6. cap. 15. is a word used of a debt which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word Tot unto it Tourn See Turn Tout tempa prist uncore est that is to say in English Alway ready and is at this present This is a kind of Plee in way of excuse or defence unto him that is sued for with-holding any debt or duty belonging to the Plaintiff See of this Broke his Abridgement fol. 258. TR Traile baston See Iustices of trial baston Traitor traditor proditor See Treason Transgressione is a writ called commonly a writ or action of Trespass Of this Fitzherbert in his Natura brevium hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differeth from the other because it hath not these words Quire vi armis c. and this see in Fitzherberts natura brev fol. 84 G. The other is termed a writ of trespasse upon the case which is to be sued in the Common bank or the Kings Bench in which are alwaies used these words vi et armis c. And of this you have Fitzh nat br f. 92. E. See Trespass See the divers use of this writ in the Register original in the Table Transcript anno 34 35 H. 8. cap. 14. is the copy of any original written again or exemplified Transcripto Recognitionis factae coram Justiciariis itinerantibus c. is a writ for the certifying of a Recognizance taken before Iustices in Eyre into the Chancery Regist orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifying of the foot of a fine levyed before Justices in Eyre c. into the Chancery eodem fol. 169. et Register judicial fol. 14. Travers commeth of the French Traverser iâ—transfigere It signifieth in our Common law sometime to deny sometime to overthrow or undo a thing done Touching the former signification take these words in Wests Symbol parte 2. titulo Chancery Sect. 54. An answer saith he speaking of an answer to a bill in Chancery is that which the Defendent pleadeth or saith in Bar to avoid the Plaintiffs bill or action either by confession and avoiding or by denying and traversing the material parts thereof And again Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer which must affirm and pursue his bill and confess and avoid deny or traverse the Defendants answer And the formal words of this traverse are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmative et Negative In the second signification I find it in Stawnfords praerog cap. 20. through the whole Chapter speaking of traversing an Office which is nothing else but to prove that an Inquisition made of goods or lands by the Escheatour is defective and untruly made So traversing of an Inditement is to take issue upon the chief matter thereof which is none other to say than to make contradiction or to deny the point of the Inditement As in presentment against A. for a Highway over-flown with water for default of scowring a ditch which he and they whose estate he hath in certain land there have used to scowr and cleanse A. may traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not the land c. or that he and they whose estate c. have not used to scowr the ditch Lamb. Earenarcha lib. 4. cap. 13. pag. 521 522. Of Traverse see a whole chapter in Kitchin fol. 240. See the new book of Entries verbo Traverse Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the the amplitude and Majesty of the Common wealth West parte secund symbol titulo Inditement sect 63. by whom it is there divided into High treason which other call altam proditionem and Petit treason High treason he defineth to be an offence done against the security of the Common wealth or of the Kings most excellent Majesty whether it be by imagination word or deed as to compass or imagine treason or the death of the Prince or the Queen his Wife or his Son and Heir apparent or to deflowre the Kings wife or his eldest Daughter unmarried or his eldest sons wife or levy war against the King in his Realm or to adhere to his enemies aiding them or to counterfeit the Kings great Seal privy Seal or mony or wittingly to bring false mony into this Realm counterfeited like unto the mony of England and utter the same or to kill the Kings Chancellor Treasurer Iustice of the one bench or of the other Iustices in Eyr Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his office anno 25 Ed. prim cap. 2. or forging of the Kings seal Manuel or privy signet privy seal or forein coyn current within the Realm anno 2 Mar. cap. 6. or diminishing or impairing of mony current anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King only And it is also called treason Paramount anno 25 Ed. 3. ca. 2. The form of Iudgement given upon a man convicted of high treason is this The Kings Serjeant after the verdict delivered craveth Iudgement against the Prisoner in behalf of the King Then the Lord Steward if the traitor have been noble or other Iudge if he be under a Peer saith thus N. Earl of P. For so much as thou before this time hast been of these treasons indited and this day arraigned for the same and put thy self upon God and thy Peers and the Lords thy Peers have found thee guilty my Iudgement is that thou shalt be conveyed unto the Tower of London whence thou camest and from thence drawn through the midst of London to Tiburn and there hanged and living thou shalt be cut down thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be divided into four quarters and disposed at the Kings Majesties pleasure and God have mercy upon thee Petit treason is rather described by examples than any where logically
est in aliis libris guarentisare i. causam alterius suscâ—pere se defensorem profiteri The Feudists also use this word guarentus quo significatur is qui Latinis author dieitur evictionem praestat lib. 2. Feud titulo 34. § 2. The Civilians have a stipulation habere licere whereby is signified a power of perpetual and quiet possession to be given lib. 11. § final Ï€. de action empt vend But this reacheth not so far as our warranty For the Seller hereby is bound but to a kind of diligence and care to maintain the Buyer in his possession For if he be evicted the Buyer is not tyed to recompence Dectores in l. stipulatio ista Habere licere Ï€ de verb. obliga VVarranty signifieth in our Common law a promise made in a deed by one man unto another for himself and his heirs to secure him and his Heirs against all men for the enjoying of any thing agreed of between them And he that maketh this warranty is called Warrantus by Bracton lib. 2. cap. 19 37. The Romans called him Auctorem as Hotoman testifieth in his Commentarie upon Tullies oration pro Aulo Caecinna verbo Cesennius author fundi whom you may read more at large And that which we term vocationem warranti the Civilians call authoris laudationem vel nominationem Eimer pract cap. 48. This warranty passeth from the seller to the buyer from the feoffor to the feoffee from him that releaseth to him that is released from an action real and such like And for the form it passeth in a clause toward the end of a deed in these words Et ego verò praefatus 1 haeredes mei praedictas decem acras terrae cum pertinentiis suis praefato H. haeredibus assignatis suis contra omnes gentes warrantizabimus in perperuum per praesentes West parte pri symbol li. 2. titulo Feofments sect 28â— et 288. So a release may be with clause of warranty Idem eodem titulo Releases sect 410. There is also a warrant of Attorney whereby a man appointeth another to do something in his name and warranteth his action West eod sect 181. And these VVarrants of Attorney seem to differ from letters of Attorney because that whereas Letters pass ordinarily under the hand and seal of him that maketh an Attorney by them before any credible witnesses warrants of Attorney be acknowledged before such persons by such means and in such manner as Fines West parte 2. symbol titulo Recoveries sect prim F. See Attorney But these warranties in passing land from one to another be of greatest consequent and of more intricate understanding And therefore of these divers have written at large as Glanvile lib. 3. per totum Bracton lib. 5. tractat 4. per totum Briton cap. 105. Littleton in the last Chapter of his tenures the form and effect whereof Bracton in his second book cap. 16. num 10. declareth thus Et ego haeredes mei warrantizabimus tali haeredibus suis tantùm vel tali haeredibus assignatis haeredibus assignatorum vel assignatis assignatorum et eorum haeredibus et acquietabimus et defendemus eis totam terram illam cum pertinentiis secundum quod praedictum est contra omnes gentes in perpetuum per praedictum servitium Per hoc autem quod dicit Ego et haeredes mei obligat se et haeredes suos ad warrantiam propinquos et remotos praesentes et futuros ei succedentes in infinitum Per hoc autem quòd dicit warrantizabimus sucipit in se obligationem ad defendendum suum Tenementum in possessione rei datae et assignatos suos et eorum haeredes et omnes alios secundum quod supradictum est si fortè tenementùm datum petatur ab antiquo in Dominico Per hoc autem quòd dicit acquietabimus obligat se et haeredes suos ad acquietabimus obligat se et haeredes suos ad acquietandum si quis plus petierit servitii vel aliud servitium quam in charta donationis continetur Per hoc autem quòd dicit Defendemus obligat se et haeredes ad Defendendum si quis velit servitutem ponere reidatae contra formam suae donationiâ— c. But the new Expounder of law terms saith That this warranty beginneth two wayes one by deed of Law as if one and his Ancestors have held land of another and his Ancestors time out of mind by homage which is called Homage auncestrel for in this case the homage continually performed by the tenent is sufficient to bind the Lord to warrant his estate The other is by deed of the party which by deed or fine tâ—y eth himself to warrant the land or tenement to the tenent And Sir Edward Cook in the fourth book of his Reports mentioneth the same distinction Nokes case fol. 81. a. calling the one a warranty in law the other an expresse warranty Civilians would call these species tacitam et expressam Warranty as the said Author of the terms of law saith is in 2 manners warranty lineal warranty collateral But Litleton saith ubi supra it is threefold warranty lineal warranty collateral and warranty that beginneth by disseisin Warranty by disseisin what it is is partly declared in Sir Edw. Cooks Reports li. 3. Fermors case fol. 78. a. VVhether of them divideth more aptly let the learned Judge For my part I think that lineal and collateral be no essential differences of warranty as it is originally considered in the first warranter For he bindeth himself and his heirs in general And such be bound be they lineal or collateral unto him Therefore this division riseth rather from the event of the original warranty videlicet because it so falleth out that the tenent to whom the warranty was made or his heirs when he or they be called into question for the land warranted formerly by the first feoffour is driven by the means of the first warranters death to call or vouch him to warranty that is his heir and now presently living be he descending or collateral as it falleth out For example A. enfeoff th B. in twenty acres of land with clause of warranty against all men So long as A. himself liveth he is lyable to this Covenant and none else after his decease his heir is subject unto it be he his Son Brother Uncle or what else And whether of these or neither of these it will be none knoweth untill he be dead Wherefore I conclude that this didistinction of lineal or collateral hath no use originally in this contract For as the Author of the terms of Law saith the burthen of this warranty after the death of the first warranter falleth upon him upon whom the land should have descended if the warranty had not been made And that is the next of blood to the warranter be he in the descending or collateral line And therefore I resolve that this
longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and