inde de opulentibus effecti miseri fodere non valentes aliquando inordinatâ concepta doloris anxietate deperiunt saepius in Cleri Ecclesiae scandalum nimid egestatis penuriâ mendicare miserabiliter compelluntur Litera missa omnibus Episcopis suffragancis Domini contra Choppe-Churches An. 1391. Spelm. de Conc. vol. 2. fol. 642. Church-Reve A Church-Warden Praepositus Ecclesiae or Gardianus Ecclesiae of whom thus Chaucer speaking of the Jurisdiction of Archdeacons Of Church-Reves and of Testaments Of Contracts and lack of Sacraments c. Church-Wardens Ecclesiae Gardiani Are Officers yearly chosen by consent of the Minister and Parishioners according to the custom of every place to look to the Church Church-yard and such things as belong to both and to observe the behavior of their Parishioners for such faults as appertain to the Jurisdiction or Censure of the Court-Ecclesiastick These are a kinde of Corporation enabled by Law to sue and be sued for any thing belonging to the Church or Poor of their Parish Anno 12 H. 7. cap. ult See Lambert in his duty of Church-Wardens Churchesset Ciricsceat Chirset or Curcscet Sax. Census vel tributum Ecclesiae Chirchescot Certam mensuram bladi tritici significat quam quilibet olim Sanctae Ecclesiae die Sancti Martini tempore tam Britonum quam Anglorum contribuerunt Plures tamen Magnates post Romanorum adventum illam contributionem secundum veterem legem Moysi nomine primitiarum dabant Prout in brevi Regis Knuti ad summum Pontificem transmisso continetur in quo illam contributionem Churchset appellant quasi semen Ecclesiae See Ciricsceat Seldens Hist of Tithes pag. 216. Et de essarto de prato de Chirset ejusdem villae c. Cart. de Anno 1 Edw. 3. num 3. And in Pat. 13 Edw. 4. par 2. m. 17. it is written Cherchez but the true Saxon is Cyricsceat Cinque Ports Quinque Portus Are those special Havens that lie towards France and therefore have been thought by our Kings to be such as ought most vigilantly to be preserved against Invasion In which respect they have an especial Governor or Keeper called by his Office Lord Warden of the Cinque Ports and divers priviledges granted them as a peculiar Jurisdiction their Warden having the authority of an Admiral among them and sending out Writs in his own name Crompton in his Jurisd fol. 28. names the Cinque Ports Dover Sandwich Rye Hastings Winchelsea Rumney Hithe whereof two must either be added to the first institution by some later Grant or be accounted as Appendants to some of the rest See Gardein of the Cinque Ports and the Stat. 32 Hen. 8. cap. 48. See Quinque Portus and 4 Inst fol. 222. Cippus A Pair of Stocks to put offenders in Habeant nec non Cippos conclusoria in singulis villis ad correctionem delinquentium Mon. Angl. 2 par fol. 349. a. Circuit of Action Circuitus Actionis Is a longer course of proceeding to recover the thing sued for then is needful As if a Man Grant a rent-Rent-charge of x l. out of his Mannor of Dale and after the Grantee Disseiseth the Grantor of the same Mannor who brings an Assise and recovers the Land and xx l. damages which being paid the Grantee brings his Action for x l. of his Rent due during the time of the Disseisin which he must have had if no Disseisin had been This is called Circuit of Action because whereas the Grantor was to receive xx l. damages and pay x l. rent he might have received but x l. onely for damages and the Grantee might have kept the other x l. in his hands by way of Deteiner for his Rent and so have saved his Action Terms Ley. Circumspecte Agatis Is the Title of a Statute made in the Thirteenth of Edward the First Anno Domini 1285. prescribing certain Cases to the Judges wherein the Kings Prohibition lies not Coke lib. 7. fol. 44. Lib. 5. fol. 67. And 2 Part. Inst fol. 487. Circumstantibus i. By-standers Signifies the supply or making up the number of Jurors if any impaneld appear not or appearing be challenged by either party by adding to them so many of those that are present or standing by as will serve the turn 35 H. 8. c. 6. and 5 Eliz. cap. 25. Ciric seat Sax. Cyric-sceat Vectigal Ecclesiasticum frumenti tributum Church-scot a certain Tribute or Payment made to the Church commonly of Corn. Fleta calls it Circsed quasi Semen Ecclesiae debitum Joh. Southam ad Festum S. Martini in Yeme debet 1 Gallinam de redditu 5 Gallinas de Chirseat Custumar Monast de Bello fol. 87. a. This Tribute was anciently payable at the Feast of S. Martin and sometimes at Christmas as appears by Domesday and called by Sir Edw. Coke Church-seed on Littl. fol. 88. b. See Churchesset City Civitas Signifies with us as it doth in other Regions such a Town Corporate as hath a Bishop and a Cathedral Church Yet Crompton in his Jurisdictions in reckoning our Cities leaves out Ely though it have a Bishop and a Cathedral Church Anno 35 Eliz. cap. 6. Westminster is called a City and it appears by the Statute 35 Hon. 8. cap. 10. that then there was a Bishop of Westminster But by Letters Patent dated 21 May 2 Eliz. pursuant to an Act of Parliament of 1 Eliz. not Printed the Revenues of that late Monastery were vested in the Dean and Chapter of the Collegiate Church of Westminster which hath caused Error in the Pleadings of some Cases by styling it the Cathedral for Collegiate Church of Westminster Cassanaeus de Consuetud Burgun pag. 15. saith That France hath within its Territories 104 Cities and gives his reason Because there are so many Seats of Archbishops and Bishops Yet Sir Edward Coke notes Cambridge to be a City by ancient Record viz. Mich. 7 Rich. 1. Rot. 1. Though I finde no mention of its ever having been an Episcopal See On Littl. fol. 109. b. And in the Stat. 11 Hen. 7. cap. 4. it is called the Town of Cambridge Clack As to clack force and bard alias beard good Wooll Anno 8 Hen. 6. cap. 22. whereof the first viz. to clack Wooll is to cut off the Sheeps mark which makes it weigh less and so yield the less custom to the King To force Wooll is to clip off the upper and more hairy part of it to bard or beard it is to cut the head and the neck from the rest of the Fleece Claim Clameum Is a Challenge of Interest in any thing that is in the possession of another or at the least out of his own as Claim by Charter Claim by Descent c. Old Nat. Br. fol. 11. Si Dominus infra annum clameum qualitercunque apposuerit Bracton lib. 1. cap. 10. See the definition and divers sorts of Claim in Plowden Casu Stowel fol. 359. a. Clamea Aomittenda in itinere per Atturnatum Is a Writ
Incarnation of our Lord JESUS and is used in publick writings sometimes with and sometimes without the year of the Kings reign As the Romans made their computation from the Building of the City Rome and the Grecians by Olympiads So Christians in remembrance of the happy Incarnation of our Saviour reckon their time from thence The day of the Moneth the Year of our Lord and Saviour Christ and the Year of the Kings reign are the usual Dates of Deeds Cokes 2 Inst fol. 675. Annuity annuus redditus Signifies a Yearly Rent to be paid for term of Life or Years or in Fee and is also used for the Writ that lies against a Man for recovery of such a Rent Register of Writs fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise defined to be a certain sum of Money granted to another in Fee-simple Fee-tail for Life or Years to receive of the Grantor or his Heirs so that no Free-hold be charged therewith whereof a man shall never have Assize or other Action but a Writ of Annuity Doctor and Student Dial. 1. cap. 3. Shews several differences between a Rent and an Annuity whereof the first is That every Rent be it rent-Rent-charge Rent-service or Rent-seek is issuing out of Land but an Annuity chargeth the person onely that is to say The Grantor or his Heirs that have Assets by descent The second is That for the recovery of an Annuity no Action lies but onely the Writ of Annuity against the Grantor his Heirs or Successors but of a Rent the same Actions lie as do of Land as the Case requires The third difference is That an Annuity is never taken for Assets because it is no Free-hold in Law nor shall it be put in Execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. numb 2. Coke on Littl. fol. 144. b. Anoisance alias Nusance Fr. Nuisance i. Hurt or Offence Hath a double signification being used as well for any hurt done either to a publick place as High-way Bridge or Common River or to a private by laying any thing that may breed infection by incroaching or such like means As also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoisance I finde Anno 22 Hen. 8. cap. 5. Ansel weight See Aunsel Apostata capiendo Is a Writ now out of use that lay against one who having entred and professed some Order of Religion brake out again and wandered the Countrey contrary to the Rules of his Order The form whereof with other circumstances you shall finde in the Register of Writs fol. 71. 267. And Fitz. Nat. Br. fol. 233. Apparator Anno 21 Hen. 8. cap. 5 A Messenger that cites offenders to appear in the Spiritual Court and serves the Process thereof Apparlement of the Fr. pareillement i. likewise or in like manner Signifies a resemblance or likelihood as Apparlement of War mentioned in our Statutes Appeal Fr. Appel Is as much as accusatio with the Civilians For as in the Civil Law Cognizance of Criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon Indictment or Appeal Indictment comprehending both Inquisition and Denunciation and Accusation or Appeal is a lawful Declaration of another Mans crime which by Bracton must be Felony at least before a competent Judge by one that sets his name to the Declaration and undertakes to prove it upon the penalty that may ensue of the contrary For the whole course of an Appeal I must refer you to Bracton lib. 3. tract 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton cap. 22 25. And to Stamf. Pl. Coron lib. 2. cap. 6 7 c. An Appeal is commenced two ways either by Writ or by Bill Appeal by Writ is when a Writ is purchased out of the Chancery by one to another to this end that he Appeal a third of some Felony committed by him finding Pledges that he shall do it and deliver this Writ to the Sheriff to be recorded Appeal by Bill is when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner offering to undergo the burden of Appealing the person therein named This point of our Law among others is drawn from the Normans which appears plainly by the Grand Customary cap. 68. Where there is set down a solemn discourse both of the effects of this Appeal viz. The Order of the Combat and of the Tryal by Inquest which by our Law is in the choice of the Defendant See New Book of Entries verbo Appel Book of Assizes fol. 78. And 3 Part. Inst fol. 131. Appeal of Maihem Is an accusing of one that hath maimed another But that being no Felony the Appeal thereof is but in a manner an Action of Trespass because there is nothing recorded but damages Bracton calls this Appellum de Plagiis Mahemio and writes a whole Chapter of it Lib. 3. Tract 2. cap. 24. See Coke Vol. 4. fol. 43. a. In King Johns time there is recorded an Appeal against a Jew Qui fecit ementulari quendam nepotem suum Appeal of wrong Imprisonment Is used by Bracton for an Action of wrong Imprisonment Lib. 3. Tract 2. cap. 25. Appeal from Appello to call because Appellans vocat reum in judicium Coke on Littl. lib. 2. cap. 11. Is divers times used in our Common Law as in the Civil which is for a removing of a Cause from an Inferior Judge to a Superior As Appeal to Rome Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar But more commonly for the private accusation of a Murderer by a Person who had interest in the party murdered or of any Felon by one of his Complices in the Fact See Approver and see Coke on Littl. fol. 287. b. Appellor or Appealor Is he who hath committed some Felony which he confesses and now Appeals that is Accuses others who were complices with him And those that are so appealed are called Appealees Anno 28 Edw. 1. See Approver Appendant appendens Is an Inheritance belonging to another that is more worthy as Accessorium principali with the Civilians or Adjunctum subjecto with the Logicians An Hospital may be Appendant to a Mannor Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold Westm 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription See Coke on Littl. fol. 121. b. Appennage or Apennage Fr. The portion of the Kings younger Children in France a Childes part They have in France a Fundamental Law which they call the Law of Apennages whereby the Kings younger Sons have Dutchies Counties or Baronies granted unto them and their Heirs or Heirs-males of their Bodies the Reversion reserved to the Crown and all Matters of Regality as Coynage Levying Taxes and the like It is derived Ab appendendo or from the German word Avanage which signifies a
Portion See Gerard du Heylan Spel. Glossar in voce Appennagium Appertinances pertinentia Are things both Corporal belonging to another thing as to the more principal as Hamlets to a cheif Mannor Common of Pasture Turbary Piscary and such like and Incorporeal as Liberties and Services of Tenants Brit. cap. 39. Where it may be observed That he accounts Common of Pasture Turbary and Piscary to be things Corporal See Common Apportionment apportionamentum Is a dividing of a Rent into parts according as the Land whence the whole Rent issues is divided among two or more As if a Man have a Rent-service issuing out of Land and he purchaseth part of the Land the Rent shall be apportioned according to the value of the Land So if a Man let Lands for years reserving Rent and after a stranger recovers part of the Land the Rent shall be apportioned But a rent-Rent-charge cannot be apportioned nor things that are entire As if one hold Land by service to pay to his Lord yearly at such a Feast a Horse or Rose there if the Lord purchase part of the Land this service is totally extinct because such things cannot be divided without hurt to the whole Yet in some Cases a rent-Rent-charge shall be apportioned as if a Man hath a rent-Rent-charge issuing out of Land and his Father purchaseth part of the Land charged in Fee and dies and this parcel descends to his Son who hath the rent-Rent-charge there this Charge shall be apportioned according to the value of the Land because such portion of the Land purchased by the Father comes not to the Son by his own Act but by descent and course of Law Common Appendant is of common right and severable and though the Commoner in such case purchase parcel of the Land wherein the Common is Appendant yet the Common shall be apportioned But in this case Common Appurtenant and not Appendant by such Purchase is extinct Coke lib. 8. fol. 79. Apposer See Forein Apposer Apprendre Fr. As Fee or Profit Apprendre Anno 2 3 Edw. 6. cap. 8. Fee or Profit to be taken or received Apprentice Fr. apprenti and that from apprendre to learn whence their apprentisage and our apprentiship Is one that is bound by Covenant to serve a Tradesman or Artificer a certain time for the most part seven years upon condition That the Master shall during that time instruct him in his Art or Mystery Sir Tho. Smith in his Rep. Angl. lib. 3. cap. 8. says They are a kinde of Bondmen differing onely in that they are servants by Covenant and for a time Anciently Barrasters were called Apprentices of the Law As appears by Mr. Seldens Notes upon Fortescu p. 3. So the Learned Plowden stiled himself Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley and Sir Edward Coke in his 2 Part. Instit fol. 564. says Apprenticii Legis in pleading are called Homines consiliarii in Lege periti And in another place Apprentices and other Counsellors of Law Appropriation appropriatio from the Fr. approprier i. aptare accomodare Signifies the severing of a Benefice Ecclesiastical which originally and in nature is Juris Divini in Patrimonio nullius to the proper and perpetual use of some Religious House Bishoprick College c. So called because Parsons not being ordinarily accounted Domini but usufructarii having no right of Fee-simple are by reason of their perpetuity accounted owners of the Fee-simple and therefore called Proprietarii Before the time of Richard the Second it was lawful as it seems to appropriate the whole Fruits of a Benefice to an Abbey or Priory they finding one to serve the Cure But that King ordained That in every Licence of Appropriation made in Chancery it should expresly be contained That the Diocesan of the place should provide a convenient sum of money to be yearly paid out of the Fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed Anno 15 Rich. 2. cap. 6. To make an Appropriation after Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full if it be void the Diocesan and the Patron upon the Kings Licence may conclude it Plowden in Grendons Case fol. 496. To dissolve an Appropriation it is enough to present a Clerk to the Bishop and he to institute and induct him For that once done the Benefice returns to the former nature Fitz. Nat. Br. 35. and Coke lib. 7. fol. 13. Approvement Anno 43 Eliz. cap. 11. Is the same with improvement but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor leaving sufficient nevertheless for the Commoners Approver approbator Is one that confessing Felony committed by himself appeals or accuses others to be guilty of the same and is so called because he must prove that which he hath alleaged in his Appeal This Proof is by Battle or by the Countrey at his election that appealed The Form of this Accusation you may in part gather by Cromptons Justice of Peace fol. 250. 251. That it is done before the Coroner either assigned to the Felon by the Court to take and record what he saith or else calâ—ed by the Felon himself and required for the good of the Commonwealth to do so The Approvers Oath when he begins the Combat you may see in the last Page of Crompton as also the Proclamation by the Herauld Of the Antiquity of this Law read at large Bracton lib. 3. Tract 2. cap. 21. 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq And 3 Part. Instit fol. 129. See Prover Approvers of the King Approbatores Regis Are those that have the letting of the Kings Demeans in small Mannors to his best advantage Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers Approve approhare To augment or as it were to examine to the utmost For example To approve Land is to make the best benefit of it by increasing the Rent c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises are called their Approvers and by what follows you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales authorized by the Prince thereof Richard de Lyngein Emprover desuth Commission nostre tre dout Seigneur le Prince deins le Counte de Hereford le Marches adjoygnant a toutz y ceux qui cests Letters verront ou orront salutz Sachez moy aver grant a une Janin de Brompton loyal leige home nostre Seigneur le Roy a ses servants de vendre acheter bests berbez deins le Counte de Hereford le Marche adjoygnant sans empechement ou arrest de nulluy come loyal leige hommes a son propre use encrese sans refreshmente des Rebels de Gales
either adjoyning to a Church as parcel of it which persons of quality build Ut ibidem familiaria Sepulchra sibi constituant or else separate from the Mother Church where the Parish is wide and is commonly called a Chappel of Ease because it is built for the ease of one or more Parishioners that dwell far from the Church and is served by some Inferior Curate provided at the charge of the Rector or of him that hath benefit by it as the Composition or Custom is There is also a Free Chappel which seems to be such as hath perpetual maintenance towards the upholding it and the Curates stipend by some Lands or Rents charitably bestowed on it without the charge of the Rector or Parish Anno 37 Hen. 8. cap. 4. Anno 1 Edw. 6. cap. 14. Chapelry Capellania Is the same thing to a Chappel as Parish is to a Church i. The Precinct and Limits of it Mentioned in the Stat. 14 Car. 2. cap. 9. Capellania Sancti Oswaldi Mich. 32 Edw. 1. Coram Rege Glouc. Chaperon Fr. A Hood or Bonnet mentioned in the Stat. 1 Rich. 2. 17. And among Heraulds it is that little Escocheon which is fixed in the forehead of the Horses that draw the Herse at a Funeral Chapiters Lat. Capitula Fr. Chapiters i. The Chapters of a Book Signifies a Summary or Content of such Matters as are to be enquired of or presented before Justices in Eyr Justices of Assize or of Peace in their Sessions This it is used Anno 3 Edw. 1. cap. 27. And that no Clerk of any Justice Escheator or Commissioner in Eyr shall take any thing for delivering Chapters but onely Clerks of Justices in their Circuits And again Anno 13 Ejusdem cap. 10. The Sheriff shall certifie the Chapiters before the Justices in Eyr how many Writs he hath and what c. Britton cap. 3. useth the word in the same signification Chapiters are now most usually called Articles and are delivered by the Mouth of the Justice in his Charge to the Enquest whereas in ancient time as appears by Bracton and Britton they were after an Exhortation given by the Justices for the good observation of the Laws and Kings peace first read distinctly in open Court and then delivered in writing to the Grand Enquest which the Grand Jury or Enquest were likewise to answer upon their Oaths Affirmatively or Negatively and not as they do now put the Judges to make long and learned Charges to little or no purpose and forswearing or wilfully not remembring their Knowledge of Transgressors against the Design and Enquiry of those Articles do think their Oaths and Duty to God and the King and their Countrey well enough satisfied and performed if they onely present those few of many more Misdemeanors which are brought unto them by way of Indictments The same Order of Articles Lambert wishes might still be observed Eiren. lib. 4. cap. 4. pag. 393. Horn in his Mirror of Justices calls them Articles and expresses what they were wont to contain Lib. 3. cap. Des Articles in Eyr Chaplain or Chapellain Capellanus Is now most commonly taken for him who is depending on the King or other Noble person to instruct him and his family in Spirituals and say Divine Service in his house where commonly they have a private Chappel for that purpose As Anno 21 Hen. 8. cap. 13. which ordains what person may priviledge one or more Chaplains to discontinue from their Benefices in respect of their particular service Chapter Capitulum Signifies Congregationem Clericorum in Ecclesia Cathedrali Conventuali regulari vel Collegiata and in another sence Locum in quo siunt communes tractatus Collegiatorum It hath other significations not worth mentioning here which you may read in Linwoods Provin Gloss verbo Capitulum This Collegiat Company or Corporation is Metaphorically termed Capitulum signifying originally a little Head it being a kinde of Head not onely to rule and govern the Diocess in the Vacation of the Bishoprick but also in many things to advise the Bishop when the See is full See Panormitan in cap. Capitulum extra de rescriptis Ad Dedicationes ad Synodos ad Capituia vonientibus Sit summa Pax. LL. Edwardi Confess cap. 3. Charre of Lead La Charre de plumbo constat ex 30 forme 〈…〉 s quaelibet formella continet 6 Petras exceptis duabus libris quaelibet Petra constat ex 12 libris Assisa de ponderibus Rob. 3 R. Scot. cap. 22. sect 2. Chart Charta Paper Parchment or any thing to write on also a Card mentioned 14 Car. 2. cap. 33. See Charter Chartel Fr. Cartel A Letter of Defiance or a Challenge to a single Combat In use when those Combats were in practise to decide difficult and not otherwise to be determined Controversies in Law Charter Charta Fr. Chartres i. Instrumenta Is usually taken for written Evidence of things done between Man and Man Whereof Bracton lib. 2. cap. 26. num 1. says thus Fiunt aliquando Donationes in scriptis sicut in chartis ad perpetuam rei memoriam propter brevem hominum vitam And Num. 12. sciendum quod Chartarum alia regia alia privatorum regiarum alia privata alia communis alia universalis Item privatorum alia de puro Feoffamento simplici alia de Feoffamento conditionali sive conventionali secundùm omnia genera Feoffamentorum fieri potest Item privatorum alia de recognitione pura vel conditionali Item alia de quiete clamantia de confirmatione c. Britton likewise in his 39 Chapter divides Charters into those of the King and those of private persons Charters of the King are those whereby the King passeth any Grant to any person or more or to any Body Politick as a Charter of Exemption that a Man shall not be empanel'd upon any Jury Kitchin fol. 314. and 177. Charter of Pardon whereby a Man is forgiven a Felony or other offence committed against the Kings Crown and Dignity Brook tit Charter of Pardon Charter of the Forest wherein the Laws of the Forest are comprised Anno 9 Hen. 3. Cromp. Jurisd fol. 147. Pupilla oculi par 5. cap. 22 Manwood pag. 1. fol. 1. Where he sets down the Charters of Canutus and fol. 17. that which was made 19 Hen. 3. with the Charter of the Forest Of these Charters you have also a long discourse in Fleta lib. 3. cap 14. Who particularly expounds every substantial part of a Deed of Gift See Magna Charta Charter-land terra per Chartam Is such as a Man holds by Charter that is by evidence in writing otherwise called Freehold Anno 19 Hen. 7. cap. 13. and Kitchin fol. 86. This in the Saxons time was called Bocland which was held according to Lambert in his Explication of those words Verbo Terra ex scripto with more commodious and easier conditions then Folkland was that is Land held without writing because that was Haereditaria libera atque
or Grant either in writing or without writing As if I enfeoff a Man in Lands reserving a Rent to be paid at such a Feast upon Condition if the Feoffee fail of payment at the day then it shall be lawful for me to re-enter Condition Implied which is called a Condition in Law Is when a Man Grants to another the Office of Keeper of a Park Steward Bailiff or the like for Life though there be no Condition at all expressed in the Grant yet the Law makes one covertly which is if the Grantee does not justly execute all things pertaining to his Office by himself or his sufficient Deputy it shall be lawful for the Grantor to enter and discharge him of his Office See Littleton lib. 3. cap. 5. Cone and Key Bracton lib. 2. cap. 37. num 3. Foemina in tali atate i. 14 15 Annorum potest disponere Domui suae habere Cone Key Colne in the Saxon signifies Calculus computus and Key clavis So that a Woman was then held to be of competent years when she was able to keep the Accounts and Keys of the House and Glanv lib. 7. cap. 9. hath somewhat to the same purpose Confederacy Confederatio Is when two or more confederate or combine themselves to do any damage to another or to commit any unlawful act And though a Writ of Conspiracy does not lie if the party be not indited and in lawful manner acquitted for so are the words of the Writ yet false confederacy between divers persons shall be punished though nothing be put in execution which appears by the Book of 27 Assis Placit 44. where two wâ—â—e indited of Confederacy each to maintain other whether their matter were true or false and though nothing were supposed to be put in practise the Parties were enjoyn'd to answer since the thing is forbidden by Law So in the next Article in the same Book enquiry shall be made of Conspirators and Confederators which binde themselves together c. This Confederacy punishable by Law before it be executed ought to have four incidents First It must be declared by some matter of prosecution as by making of Bonds or Promises the one to the other 2. Malicious as for unjust revenge 3. It ought to be false against an innocent Lastly to be out of Court voluntary Terms de la Ley. Confirmation Confirmatio Is a strengthning or confirming an estate to one who hath the possession by a voidable Title though not at present void As a Bishop grants his Chancellorship by Patent for term of the Patentees life This is no void grant but voidable by the Bishops death except it be strengthned by the Dean and Chapters Confirmation See more of this in West pa. 1. Symb. lib. 2. sect 500. Fitz. Nat. Br. fol. 169. b. and Littleton lib. 3. cap. 9. Confiscate From the Lat. Confiscare and that from Fiscus which originally signifies a Hamper Pannier or Basket but Metonymically the Emperors Treasure which was anciently kept in such Hampers and though our King keeps not His Treasure in such things yet as the Romans said such Goods as were forfeited to the Emperors Treasury for any offence were Bona confiscata so say we of those that are forfeited to our Kings Exchequer And the title to have these Goods is given the King by the Law when they are not claimed by some other As if a Man be indited for feloniously stealing the Goods of another where in truth they are the proper Goods of him indited and they are brought in Court against him who being asked what he saith to the said Goods disclaims them By this Disclaimer he shall lose the Goods though he be afterwards acquitted of the Felony and the King shall have them as Confiscate but otherwise if he had not disclaimed them So where Goods are found in the Felons possession which he disavows and afterwards is attainted of other Goods and not of them there the Goods which he disavows are Confiscate to the King but had he been attainted of the same Goods they should have been said forfeited not Confiscate notwithstanding his disavowment See more in Stamf. Pl. Cor. lib. 3. cap. 24. Note Confiscare Forisfacere are Synonyma and Bona confiscata are Bona forisfacta 3 Inst fol. 227. Confrairie Fr. A Fraternity Fellowship or Society as the Confrairie de Seint George or de les Chivaliors de la bleu Jartier Selden Confréeres Fr. Confreres Brethren in a Religious House Fellows of one and the same House or Society Anno 32 Hen. 8. cap. 24. Congeable from the Fr. Conge i. Leave Licence or Permission Signifies as much as lawful or lawfully done or done with leave of permission as The entry of the Disseisee is congeable Littleton sect 410. and 2 par Croke fol. 31. Conge d'â—â—ccorder Fr. i. Leave to accord or agree I finde it in the Statute of Fines An. 18 Edw. 1. in these words When the Writ original is delivered in presence of the Parties before Justices a Pleader shall say this Sir Justice Conge d'Accorder and the Justice shall say to him What saith Sir R. and shall name one of the Parties c. Conge d'Eslire Fr. i. Leave to chuse Signifies the Kings Permission Royal to a Dean and Chapter in time of Vacation to chuse a Bishop or to an Abbey or Priory of his own Foundation to chuse their Abbot or Prior. Fitz. Nat. Br. fol. 169 170. Gwin in the Preface to his Readings says The King of England as Soveraign Patron of all Arch-Bishopricks Bishopricks and other Eccsesiastical Benefices had of ancient time free appointment of all Ecclesiastical Dignities whensoever they chanced to be void investing them first per baculum annulum and afterwards by His Letters Patent and that in process of time he made the Election over to others under certain Forms and Conditions as namely that they should at every vacation before they chuse demand of the King Conge d'Eslire that is Leave to proceed to Election and then after the Election to crave His Royal assent c. And he affirms that King John was the first that granted this which was afterward confirmed by Westm 1. cap. 1. and again by Articuli Cleri cap. 2. Congius An ancient Measure of Six Sextaries which is about a Gallon and a Pint. Et reddat quinque Congios celia unum Ydromelli triginta panes cum pertinentibus pulmentariis Carta Edmundi Regis de Anno 946. Conisance See Cognizance Conisor alias Cognizor Recognitâ—r Is used in the passing of Fines for him that acknowledges the Fine and the Conizee is he to whom the Fine is acknowledged Anno 32 Hen. 8. cap. 5. West pa. 1. Symb. lib. 2. sect 49. and Parte 2. tit Fines sect 114. Conjuration Conjuratio Signifies a Plot or Confederacy made by some persons combining themselves together by oath or promise to do some publick harm But it is more especially used for the having personal conference with
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service rent-Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same rent-Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these abby-Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
Par. 1. Pa. 178. Reprisels Reprisalia From the Fr. Reprise i. Recaptio vel captio rei unius in alterius satisfactionem Is all one in the Common and Civil Law Reprisalia est potestas pignorandi contra quemlibet de terra debitoris data Creditori pro injuriis damnis acceptis Vocab utriusque Juris This among the Ancient Romans was called Clarigatio In the Statute 27 Edw. 3. Stat. 2. ca. 17. it is called Law of Marque because one destitute of Justice in another Territory redresseth himself by the goods belonging to Men of that Territory Reprises Fr. Resumptions or takings back We use it for deductions and duties which are yearly paid out of a Mannor or lands as Rent-charges Pensions Fees or Stewards or Bailiffs c. Therefore we say the Mannor of Dale yields 40 l. per annum ultra Reprizas besides all Reprises Requests Curia Requisitionum See in Court The place where this Court was held was anciently called Camera alba Rot. Parl. Anno 17 Edw. 3. Resceit Receptio Is an admission or receiving a third person to plead his right in a cause formerly commenced between other two New Book of Entries verbo Resceit As if Tenant for life or years brings an Action he in the Reversion comes in and prayes to be received to defend the Land and to plead with the Demandant See Brook Tit. Resceit fo 205. and Perkins Dower 448. Resceit is also apply'd to an admittance of Plea though the controversie be onely between â—two Brook tit Estoppel Coke on Litt. fo 192. b. Resceit of homage Receptio Homagii Is the Lords receiving Homage of his Tenant at his admission to the Land Kitchin fo 148. See Homage Rescous Rescussus From the Fr. Rescousse i. Liberatio redemptio Is an illegal taking away and setting at liberty a Distress taken or a person arrested by Process or course of Law which is a Rescouse in Deed And where a man has taken a Distress and the Cattel distreined as he is driving them to the Pound happen to go into the House of the owner if he that took the distress demand them of the owner and he deliver them not this is a Rescous in Law Coke on Litt. lib. 2. ca. 12. Sect. 237. It is also used for a Writ which lies for this fact called Breve de rescussu whereof you may see both the form and use in Fitz. Nat. Br. fo 101. Reg. of Writs fo 125. and New Book of Entries verbo Rescous This in some cases is Treason upon matters of Treason and in some Felony in cases of Felony Cromp. Justice fo 54. b. Rescussor Is he that commits such a Rescous Crokes Rep. 2 Part fo 419. Reseiser Reseisire Is a taking again of Lands into the Kings hands whereof a general Livery or Ouster le main was formerly missued contrary to order of Law Stamf. Praerog 26. See Resumption Reservation Reservatio A providing for store as when a man departs with his Land but reserves or provides for himself a rent out of it for his own livelihood Sometimes it serves to reserve a new thing and sometimes to except part of the thing in esse that is granted See Perkins Reservations per totum Resiance Resiantia From the Fr. Reseant vel resseant i. Resident Signifies a Mans aboad or continuance in a place Old Nut. Br. fo 85. Whence also comes the participle resiant that is continually dwelling or abiding in a place Kitchin fo 33. It is all one in truth with residence but that custom ties this onely to persons Ecclesiastical Veteri autem jure nostro etiam Scotico aliud significat utpote morbum validum seu veteranum quo quis exire de suis aedibus prohibetur Essonium igitur quod de malo lecti nuncupatur hoc est excusatio quod ratione infirmitatis sistere se in foro non valeat essonium nuncupant de reseantisa Glanvile lib. 1. ca. 11. Quandoque intervenit Essonium ex infirmitate de reseantisa Ubi in margine notatur Essonium de reseantisa idem valet quod essonium de malo lecti Et Galli apertius dixerunt Exoine de mal resseant Spelm. Residence R 〈…〉 tia Is peculiarly used both in the Canon and Common-Law for the continuance or aboad of a Parson or Vicar upon his Benefice The defalt whereof except the party be qualify'd and dispensed with is the loss of ten pounds for every moneth Anno 28 Hen. 8. ca. 13. Resignation Resignatio Is used particularly for the yielding up a Benefice into the hands of the Ordinary otherwise called renunciatio by the Canonists And though it signifie all one in nature with the word Surrender yet it is by use restrained to the yielding up a Spiritual Living as aforesaid and Surrender to the giving up Temporal Lands into the hands of the Lord. And a Resignation may now be made into the hands of the King as well as of the Diocesan because he has Supremam Authoritatem Ecclesiasticam as the Pope had here in times past Plowden Casu Grâ—ndon fo 498. Resort or Ressort Fr. Is a word used properly in a Writ of Tayle or Cousenage as Descent is in a Writ of right In French it signifies the Authority or Jurisdiction of a Court. Salvo tamen tam ressorto quam aliis jure nostro jure etiam alieno Lit. Pat. Philip le Hardy R. Franc. Respectu computi vicecomitis habendo Is a Writ for the respiting a Sheriffs account upon just occasion directed to the Treasurer and Barons of the Exchequer Reg. fo 139 and 179. Respite Respectus Is used for a delay forbearance or continuation of time Praecipio tibi quod poni facias in respectum usque ad aliquem terminum competentem Glanvile lib. 12. ca. 9. in Brevi Regis Respite of Homage Respectus Homagii Is the forbearance of Homage which ought first of all to be performed by the Tenant holding by Homage but it had the most frequent use in such as held by Knight-service in Capite who did pay into the Exchequer every fifth Term some small Summ of Money to be respited the doing their Homage see the Stat. 12 Car. 2. ca. 24. whereby this Respite of Homage is taken away as a charge incident or arising from Knight-service c. Respondeat superior Where the Sheriffs are removable as in London for insufficiency respondeâ—t superior that is the Mayor and Commonalty of London Pur insufficiency del Bailiff d'un Libertie respondeat Dominus libertatis 44 Ed. 3. 13. See 4 Inst fo 114. Responsalis qui Responsum defert Is he that appears for another in Court at a day assigned GIanvile lib. 12. ca. 1. But Fleâ—a lib. 6. ca. 11. makes a difference between Atturnatum Essoniatorem Responsalem as if Essoniator came onely to alledge the cause of the parties absence be he the demandant or tenant and Responsalis came for the Tenant not onely to excuse his absence but to signifie what trial he meant to
signifies a Forfeiture or an Amerciament and is much transformed in the writing since more probably it should be Mishersing Mishering or Miskering according to the Learned Spelman It seems by some Authors to signifie a Freedom or Liberty because he that has this word in any Charter or Grant has not onely the Forfeitures and Amerciaments of all others for transgressions within his Fee but also is himself free from all such control by any within that compass Abjuration abjuratio a forswearing or renouncing by Oath a sworn banishment or an Oath taken to forsake the Realm for ever For as Stamford Pl. Cor. lib. 2. cap. 40. saith The devotion towards the Church first in Edward the Confessors time and afterward till 22 Hen. 8. was so zealous That if a man having committed Felony could recover a Church or Churchyard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their coming or to the Coroner and before them or him give his oath finally to forsake the Realm The form and effect whereof you may read in De Officis Coronatorum and in Horns Mirror of Justices lib. 1. cap. Del Office de Coroner Quando aliquis abjuravit regnum Cruoc ei liberata fuit in manu sua portanda in itinere suo per semitas regias vocabitur vexillum sanctae Ecclesiae Essex Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary wherein upon abjuration of his liberty and free habitations he would chuse to spend hs life as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That hereafter no Sanctuary or Priviledge of Sanctuary shall be allowed and consequently Abjuration is taken away 2 Instit fol. 629. See Sanctuary Abolition Anno 25 Hen. 8. cap. 21. A destroying or putting out of memory Institutae actionis peremptio The leave given by the King or Judges to a criminal accuser to desist from further prosecution Abridge from the Fr. Abreger to make shorter in words holding still the whole substance But in Law it seems to signifie for the most part the making a Declaration or Count shorter by substracting or severing some of its substance For example a Man is said to abridge his Plaint in an Assize or a Woman her Demand in an Action of Dower that hath put into the Plaint or Demand any Land not in the Tenure of the Tenant or Defendant and if the Tenant pleads Non-tenure or such-like Plea to parcel of the Land demanded in Abatement of the Writ the Demandant may abridge his Plaint or Demand to that patcel that is he may leave out that part and pray the Tenant may answer the rest to which he has not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but they run in general And though the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Brook tit Abridgment An. 21 H. 8. cap. 3. Abridgment of a Plaint See Abridge Abrogate abrogo to disannul take away or repeal as to abrogate a Law i. To lay aside or repeal it Anno 5 6 Edw. 6. cap. 3. See Prorogue Absentees or des Absentees was a Parliament so called held at Dublin 10 May 28 H. 8. And mentioned in Letters Patent Dat. 29 H. 8. See Cokes 4 Inst fol. 354. Abuttals See Abbuttals Accedas ad Curiam Lat. is a Writ that lies for him who has received false Judgment or fears partiality in a Court Baron or Hundred Court being directed to the Sheriff as appears by Dyer fol. 169. numb 20. As the Writ De falso judicio lies for him that has received such Judgment in the County Court the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register fol. 9. b. where it is said this Writ lies for Justice delayed as well as falsly given and that it is a Species of the Writ Recordare Accedas ad Uicecomitem is a Writ directed to the Coroner commanding him to deliver a Writ to the Sheriff who having a Pone delivered him doth suppress it Reg. of Writs fol. 83. Acceptance acceptatio is a taking in good part and a tacite kinde of agreeing to some former Act done by another which might have been undone or avoided if such Acceptance had not been For example if Baron and Feme seized of Land in right of the Feme make a joynt Lease or Feoffment by Deed reserving Rent the Baron dies the Feme accepts or receives the Rent By this the Feoffment or Lease is made good and shall bar her to bring the Writ Cui in vita Coke on Littl. fol. 211. b. Accessory or Accessary particeps criminis most commonly signifies one that is guilty of a felonious offence not principally but by participation as by command advice or concealment and is of two sorts 1. Before the offence or fact is he that commands or procures another to commit Felony and is not himself present but if he be then he is also a Principal 2. After the offence is he that receives assists or comforts any man that has done any Murder or Felony whereof he hath knowledge He who counsels or commands any evil shall be judged accessary to all that follows upon it but not to another distinct thing As I command one to beat another and he beats him so that the other dies of it I shall be accessary to this murder But if I command one to steal a White Horse and he steals a Black one or to burn such a House which he well knows and he burns another I shall not be accessary If I command one to kill I. S. in the Field and he kills him in the City or Church or to kill him at such a day and he kill him on another I shall be accessary nothwithstanding For the killing is the substance and the day place or weapon is but circumstance But if I command one to kill I. S. and before he hath killed him I come and say I am penitent for my malice and charge him not to kill him and yet he kills him I shall not be accessary Where the Principal is pardoned or hath his Clergy the Accessary cannot be arraigned there being a Maxim in the Law Ubi non est principalis non potest esse accessorius For it appears not by the Judgment of Law that he was Principal but if the Principal after Attainder be pardoned or hath his Clergy allowed him there the Accessary shall be arraigned See Sir Edward Cokes 2 Part Institutes fol. 183. In the lowest and highest offences there are no Accessaries but all are Principals as in Riots forcible Entries and other transgressions Vi armis which are the lowest offences So in the highest offence which is crimen laesae Majestatis there are no Accessaries but in Felony there are
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
figillo meo munitâ confirmavi Hi is testibus Ade Salvag Walt. de novo Menul c. Sine dat Penes Tho. Bridgwater Gen. Assault assultus Is a violent kinde of injury offered to a Mans person of a higher nature then Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib 1. cap. 3. As to rebuke a Collector with foul words so that he departed for fear without doing his Office was taken for an Assault To strike at a Man though he were neither hurt nor hit with the blow was adjudged the like 22 Lib. Ass Plea 60. For Assault does not always necessarily imply a hitting or blow because in Trespass for Assault and Battery a Man may be found guilty of the Assault and excused of the Battery 25 Edw. 3. cap. 24. The Feudists define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de Feud pag. 10. num 38. Assach or Assath An. 1 H. 5. cap. 6. Was a strange kinde of Purgation used of old in Wales by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales and is now abrogated Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clark of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assaier of the King Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in prasentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen. 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate Anno 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is called Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign â—false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assizes And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Depty is he that does it in the right of another Assise of mort d'auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. F. Nat. Br. fol. 114. Register of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have presented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used see Bracton lib. 4. tract 2. Register of Writs fol. 30. F. Nat Br. fol. 195. Assise de utrum assisa utrum Lies for a Parson against a Lay-man of a Lay-man against a Parson for Land or Tenement doubtful Whether it be Lay-fee or Free-alms And of this sâ—c Bracton lib. 4. tract 5. cap 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation
Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in praesentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regiis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate An. 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors Debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br. fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assises And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Deputy is he that does it in the right of another Assise is derived from the French Assis i. assessum locatum definitum and is diversly used Littleton Cha. Rents says it is Aequivocum and sets down three significations of it One as it is taken for a Writ another as it is used for a Jury the third for an Ordinance i. Assise is a Writ dirâ—cted to the Sheriff for Recovery of Possession of things immoveable whereof your self or Ancestors have been disseised and this is as well of things corporal as incorporeal Rights being of four sorts viz. Assise of Novel Disseisin Assisa novae Disseisinae Lies where a Tenant in Fee-simple Fee-tail or for Life is lately disseised of his Lands or Tenements Rent-service Rent-seck or Rent-charge Common of Pasture c. and divers other such like of which you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. Britton cap. 70. Reg. of Writs fol. 197. Fitz. Nat. Br. fol. 177. Westm 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added the Bill of Fresh force which is directed to the Officers or Magistrates of Cities or Towns-corporate being a kinde of Assise for Recovery of Possession in such places within forty days after the force as the ordinary Assise is in the County Fitz. Nat. Br. fol. 7. Assise of Mort d'Auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have prsented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used See Bracton lib. 4. tract 2. Register of Writs fol. 30. Fitz. Nat. Br. fol. 195. Assise de utrum Assisa utrum Lies for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tencment doubtful Whether it be Lay-fee or Free-alms And of this see Bracton lib. 4. tract 5. cap. 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation except they be tried in the standing Courts at Westminster as appears by Fitz. Nat. Br. fol. 177. d e. Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also
Aulneger See Alnager Aumone Fr. aumosne i. an Alms Tenure in Aumone is a Tenure by Divine Service so says Britton fol. 164. As when Lands or Tenements are given in Alms to some Church or Religious House with Condition that some Service or Prayers shall be offered at certain times for the good and quiet of the Donors Soul or otherwise See Frank Almoin Aumonier Fr. Aumosnier See Almner Auncel-weight quasi Hand-sale weight or from Ansa i. The handle of the ballance Is a kinde of weight with Scales hanging or Hooks fastned at each end of a Beam or Staff which a Man lifted up upon his fore-finger or hand and so discerned the equality or difference between the weight and the thing weighed In which because there was wont to be great deceit it was forbidden 25 Edw. 3. Stat. 5. cap. 9. 34 Ejusdem cap. 5. and 8 Hen. 6. cap. 5. And the even ballance onely commanded notwithstanding it is still used in some parts of England By a Constitution made by Henry Chicheley Archbishop of Canterbury Anno 1430. Pro abolitione ponderis vocati Le Auncel weight seu Scheft seu Pounder c. Doloso quodam staterae genere qui utitur Excommunicandus Auncient Demeasn See Ancient Demeasn Avoidance hath two significations the one when a Benefice becomes void of an Incumbent the other when we say in Pleadings in Chancery confessed or avoided traversed or denied c. See Voidance Avowè advocatus Britton cap. 29. saith That Avowè is he to whom the right of Advowzen of any Church Appurtains so that he may present thereunto in his own name And is called Avowè for a difference from those that sometime present in another Mans name as a Guardian that presents in the name of his Ward and for a difference also from those who have the Lands whereto an Advowzen appertains but onely for term of their lives or of years by Intrusion or Disseisin See Advowè Avowry Fr. Advouerie Is where one takes a Distress for Rent or other thing and the other sues Replevin then the taker shall justifie in his Plea for what cause he took it and if he took it in his own right he ought to shew that and so avow the taking which is called his Avowry But if he took it in the right of another then when he has shewed the Cause he shall make Conusance of the taking as Bailiff or Servant to him in whose right he did it Terms of the Law Anno 21 Hen. 8. cap. 19. For the more speedy and effectual proceeding upon Distresses and Avowries for Rents see the Stat. 17 Car. 2. cap. 7. Avoir du pois Fr. avoir du poids i. Habere pondus aut justi esse ponderis Signifies First a kinde of weight different from that which is called Troy-weight containing but Twelve ounces to the pound whereas this hath Sixteen And in this respect it is probably so called because it is of more weight then the other 2. It signifies such merchandises as are weighed by this weight and not by Troy-weight as in the Statute of York 9 Edw. 3. in Proaem 27 Edw. 3. Stat. 2. cap. 10. and 2 Rich. 2. cap. 1. See Weights Aurum Reginae Rot. Pat. Anno 52 Hen. 3. in 26. See Queen-Gold Austureus A Goshawk whence we usually call a Faulkoner who keeps that kinde of Hawks an Ostringer Some ancient Deeds have reserved Unum Austurcum as a Rent to the Lord. Await 13 Rich. 2. cap. 1. It is Ordained That no Charter of Pardon from thenceforth shall be allowed before any Justice for Murder or for the Death of a Man stain by Await Assault or Malice prepensed Lreason or Rape of a Woman unless the same be specified in the Charter c. Seems to signifie that which we now call Way-laying or lying in Wait. Award from the Fr. agarder Propriè est Judicium ejus qui nec à lege nec à Judice datur ad dirimendam litem sed ab ipsis litigantibus eligitur Is the judgment of him who is chosen by two or more parties at variance to determine the Controversie between them Dictum quod ad custodiendum seu observandum partibus imponitur Spel. Awm 1 Jac. cap. 33. and 12 Car. 2. cap. 4. A Measure of Rhenish-wine containing forty Gallons Yet I finde in a very old Printed Book thus The Rood of Rhenish-wine of Dordreyght is ten Awames and every Awame is fifty Gallons Item the Rood of Antwarp is xiiij Awames and every Awame is xxxv Gallons Auxilium ad filium militem faciendum et filiam maritandam Was a Writ directed to the Sheriff of every County where the King or other Lord had any Tenants to levy of them reasonable Aid towards the Knighting His Son and the Marriage of His eldest Daughter See Aid Fitz. Nat. Br. fol. 82. and An. 12 Car. 2. cap. 24. Ayd See Aid B. BAchelor bachalaureus of the Fr. Bachalier i. tyro Whence I gather those that are called Bachelors of the Companies in London are such of each Company as are springing towards the estate of those that are employed in Council but as yet are inferiors For every Company of the Twelve consists of a Master two Wardens the Livery which are Assistants in Matters of Council or at the least such as the Assistants are chosen out of and the Bachelors who are yet but in expectance of Dignity among them and have their Function onely in attendance upon the Master and Wardens Bachelor was anciently attributed to the Lord Admiral of England if he were under a Baron This word is used Anno 13 Rich. 2. Stat. 2. cap. 1. and signifies as much as Knight-Batchelor does 3 Edw. 4. cap. 5. that is a Simple Knight not a Knight Baneret or Knight of the Bath Sachez nous Roger de Mortimer Seigneur de Wygemore avoir donne grante a nostre chier Bachiler Monseur Robert de Harley pour son bon service pour cent livres de argent la garde du Corps Gilbert Filz heir Sir Johan de Lacy ensemblement ove le marriage mesmes celuy Gilbert deyns age esteant en nostre garde c. Donne a Penebrugge l'an du regne le Roy Edward Filz le Roy Edward unzyme See Baneret Backberend Sax. Signifies bearing upon the back or about a Man Bracton uses it for a sign or circumstance of manifest theft called by the Civilians Furtum manifestum which he defines thus Ubi latro deprehensus est seisitus de aliquo latroâ—imio sc Handhabend Backberend insecutus fuerit per aliquem cujus res illa fuerit Lib. 3. tract 2. cap 32. Manwood 2 pa. For. Laws Notes it for one of the four Circumstances or Cases wherein a Forester may arrest the Body of an Offender against Vert or Venison in the Forest For by the Assise of the Forest of Lancaster says he taken with the manner is when one is found in the Kings Forest in any of these four degrees
of God and Law of this Land 3 Inst. fol. 205. And Rot. Parl. 14 R. 2. num 32. Bruck-bote from the Germ. Bruck i. Bridge and Bote i. Compensation Signifies a Tribute or Contribution towards the mending or reedifying of Bridges whereof many are freed by Royal Charter and thereupon the word is used for the very Liberty or Exemption it self See Pontage and Brig-bote Bruâ—ere Fr. Bruyere Lat. Bruyrium erica quasi ericetum Heath and Heath-ground Pastura xi quarentenarum dimid longitudine latitudine Bruaria 2 leucarum longitudine latitudine Domesd Tit. Dorset Eccles Creneburn Ingelingham Hac autem appellatione Forenses vocant steriles camporum solitudines licet â—ricam non edant Heath-ground Spel. Buckstall Et sint quieti de Chevagio Hondpeny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham By the Stat. 19 Hen. 7. cap. 11. it seems to be a Deer-hay Toyl or great Net to catch Deer with which by the said Statute is not to be kept by any man that hath not a Park of his own under pain of 40 l. To be quit of Buckstals i. Ubi homines convenire tenentur ibidem convenire ad stableiam faciendam circa feras ad easdem congregand quietum esse de hoc servitio quando Dominus chaseaverit 4 Inst fol. 306. Buck-wheat Mentioned in the Statute 15 Car. 2. cap. 5. Is otherwise called French Wheat and well known Budge of Court See Bouche Buggery According to Sir Edward Coke Rep. 12. pag. 36. Comes from the Ital. Buggerare to Bugger and is described to be Carnalis copula contra naturam haec vel per confusionem specierum sc A Man or a Woman with a bruit Beast vel sexuum A Man with a Man or a Woman with a Woman This offence committed with Mankinde or Beast is Felony without Clergy it being a sin against God Nature and the Law and was brought into England by the Lombards as appears by Rot. Parl. 50 Edw. 3. num 58. See the Stat. 25 H. 8. cap. 6. revived 5 Eliz. 17. Fitzh Nat. Br. fol. 269. b. In ancient time such Offenders were burnt by the Common Law This most detestable sin was justly excepted out of the Act of General Pardon 12 Car. 2. cap. 8. Bull Bulla Ital. Bolla was a Gold Ornament or Jewel for Children hollow within and made in fashion of a Heart to hang about their Necks but now it is most usually taken for a Brief or Mandate of the Pope or Bishop of Rome from the Lead or sometimes Golden Seal affixed thereto which Matthew Paris Anno 1237. thus describes In Bulla Domini Papae stat imago Pauli a dextris Crucis in medio Bullae figuratae Petri a sinistris The word is often used in our Statutes as 28 Hen. 8. cap. 16. And 1 2 Phil. Ma. cap. 8. 13 Eliz. cap. 2. Non solum sigillum significat imprimens impressum sed ipsas etiam literas bullatas interdum schedulam seu billam Misit quoque Archiepiscopus Cantuariae Regi Concilio suo schedulam sive Bullam in hunc modum continentem c. Spelm William de Brinckle recovered at the Common Law by Verdict against Otho Parson of the Church of Beston x l. Pro substractione unius Bullae Papalis de Ordinibus alterius Bullae de legitimatione tertiae Bul ae de veniam exorantibus pro animabus antecessorum suorum Trin. 4 Edw. 3. Rot. 100. Bulla Olim sigillum significans Gloss in x. Scriptores Bullenger The Commons do Petition that certain Commissions lately sent to Cities for the making of certain Boats and Bullengers being done without consent of Parliament might be repealed Rot. Parl. 2 Hen. 4. num 22. Bullion Fr. Billon i. The Mettaâ— whereof base Coyn is made Signifies with us Gold or Silver in Mass or Billet Anno 9 Edw. 3. Stat. 2. cap. 2. And sometimes the Kings Exchange or place whither such Gold in the Luâ—p is brought to be tryed or exchanged 27 Edw. 3. Stat. 2. cap. 14. And 4 Hen. 4. cap. 10. Bullion seems also to signifie of old a quantity of Salt according to Gervase of Tilbury writing of the Salt Springs in Worcestershire Bultel Is the refuse of the Meal after it is dressed by the Baker also the Bag wherein it is dressed I finde the word mentioned in the Statute entituled Assisa panis Cervisiae Anno 51 Hen. 3. Hence Bulted Bread Course Bread Bunda See Bound Burcheta from the Fr. Berche A kinde of Gun mentioned in the Forest Records Burgage Burgagium Fr. Bourgage Is a tenure proper to Borows whereby the Inhabitants by ancient Custom hold their Lands or Tenements of the King or other Lord at a certain yearly Rent It is a kinde of Soccage says Swinburn pa. 3. Sect. 3. num 6. Ad militiam non pertinet habetur ideo inter ignobiles tenuras Mentioned 37 Hen. 8. cap. 20. It was also anciently used for a Dwelling-house in a Borow-Town Sciant Quod ego Editha filia Johannis de Aula in ligea virginitate potestate mea dedi Deo Beatae Mariae omnibus Sanctis Eleâ—mosinariae Leominstr pro salute Animae meae In liberam puram perpetuam Eleemosinam totum illud Burgagium cum edificiis pertin suis quod jacet in Villa Leominstr Ex libro cartarum Priorat Leom Burghbrech alias Borgbrech Sax. Burhbryce i. Fidejussionis fractio vel plegii violatio Angli omnes decemvirali olim fidejussione pacem regiam stipulati sunt quod autem in hanc commissum est Burghbrech dicitur ejusque cognitio vindicta Regiis Chartis plurimis credebantur pro quorum dignitate mulcta alià s levior fuit alià s gravior Vide LL. Canuti cap. 55. Burghbrich i. Laesio libertatis aut septi Gallicè blesmure de Courte ou de close Polychron lib. 1. cap. 50. Burgbote Sax. Burg Burh Burgus and Bote compensatio A Tribute or Contribution towards the building or repairing of Castles or Walls of Defence or towards the building of a Burow or City From which divers had exemption by the ancient Charters of the Saxon Kings whence it is ordinarily taken for the liberty or exemption it self Rastal Significat says Fleta quietantiam reparationis murorum civitatis vel Burgi Lib. 1. cap. 47. Burgheristh Istae consuetudines pertinent ad Taunton Burgheristh Latrones Pacis infractio Hanifare Denarii de Hundret Denarii S. Petri c. Quaere M. S. Camdeni penes Will. Dugdale Ar. Burgemote Sax. Curia vel conventus Burgi vel Civitatis the Borow-Court Et habeatur in anno ter Burgesmotus Schiremotus bis nisi saepius sit intersit Episcopus Aldermannus doceant ibi Dei rectum seculi LL Canuti M. S. cap. 44. Burgesses Burgarii Burgenses Are properâ—y Men of Trade or the Inhabitants of a Borow or Walled Town yet we usually apply this name to the Magistrates of such a Town as the
made in the Reigns of Henry the Third Edward the First or Second but uncertain which set down in Poulton fol. 110. cap. 4. 9. Toll shall be taken by the Rase and not by the Heap or Cantel which seems to signifie the same we now call the Lump as to buy by Measure or by the Lump Cantred or rather Cantref Cantredus Signifies an Hundred Villages being a British word compounded of the Adjective Cant i. An Hundred and Tref a Town or Village In Wales the Counties are divided into Cantreds as in England into Hundreds The word is used Anno 28 Hen. 8. cap 3. Capacity capacitas An aptness to contain or receive Our Law allows the King two Capacities A Natural and a Politick In the first He may purchase Lands to Him and His Heirs in the later to Him and His Successors And a Parson hath the like Cape of Good Hope Cabo de bon ' speranza A Promontory or Elbow of Land that lies in Cafraria a Province of Aethiopia Inferior and was first discovered by the Portugals under the command of Bartholomew Diaz Helyns Cosmog fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18. Cape Lat. Is a Writ Judicial touching Plea of Land or Tenements so termed as most Writs are of that word which carries the especial est intention or end of it And this Writ is divided into Cape Magnum and Cape Parvum Both which as is before said in Attachment take hold of things immoveable and seem to differ in these points First Because Cape Magnum or the Grand Cape lies before appearance and Cape Parvum afterward Secondly The Cape Magnum summons the Tenant to answer to the Default and over to the Demandant Cape Parvum Summons the Tenant to answer to the Default onely and therefore is called Cape Parvum or Petit Cape Old Nat. Br. fol. 161 162. Yet Ingham saith it is called Petit Cape not because it is of small force but that it consists of few words Cape Magnum in the Old Nat. Br. is thus defined Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land and the Tenant makes default at the day to him given in the Original Writ then this Writ shall go for the King to take the Land into His hands and if the Tenant come not at the day given him thereby he loseth his Land c. A Form of this Writ you may see in the Reg. Judicial fol. 1. b. Of this Writ and the Explication of its true force and effect read Bracton lib 3. tract 3. cap. 1. num 4 5 6. Cape Parvum or Petit Cape in Old Nat. Br. fol. 162. Is thus defined Where the Tenant is summoned in Plea of Land and comes at the Summons and his appearance is of Record and at the day given him prays the View and having it granted makes default then shall Issue this Writ for the King c. The difference betwixt the Grand Cape and Petit Cape which in effect or consequence are alike is that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions where the Original Writ does not mention the parcels or particulars demanded And the Petit Cape after Apparence or View granted It s Form see in Reg. Jud. fol. 2. and Fleta lib. 6. cap. 44. Cape ad Valentiam Is a Species of Cape Magnum so called of the end whereto it tends and in Old Nat. Br. fol. 161. thus described Where I am impleaded of Lands and I vouch to warrant another against whom the Summons Ad Warrantizandum hath been Awarded and the Sheriff comes not at the day given then if the Demandant recover against me I shall have this Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee if he hath so much if not then I shall have execution of such Lands and Tenements as descend to him in Fee or if he purchase afterwards I shall have against him a Resummons and if he can say nothing I shall recover the value This Writ lies before Apparence Of these and their divers uses see the Table of the Reg. Judicial verbo Cape Capias is a Writ of two sorts one before Judgment called Capias ad Respondendum where the Sheriff upon Original or other Writ in a Personal Action returns Nihil habet in Baliva nostra The other is a Writ of Execution after Judgment being also of divers kindes as Capias ad Satisfaciendum Capias pro Fine Capias Utlagatum after Judgment c. Capias ad Satisfaciendum Is a Writ of Execution after Judgment lying where a Man recovers in an Action Personal as for Debt Damages Detinue c. in the Kings Court In which case this Writ Issues to the Sheriff commanding him to take the body of him against whom the Debt is recovered who shall be put in prison till he make satisfaction Capias pro Fine Is where one being by Judgment fined to the King upon some offence committed against a Statute does not discharge it according to the Judgment By this therefore is his body to be taken and committed to prison until he pay the Fine Coke lib. 3. fol. 12. Or where upon a Non est factum pleaded his Plea is by evidence or his own after-acknowledgment not made out or verified and the like Capias Utlagatum Is a Writ which lies against him who is outlawed upon any Action Personal or Criminal by which the Sheriff apprehends the party outlawed for not appearing upon the Exigend and keeps him in safe custody till the day of return and then presents him to the Court there farther to be ordered for his contempt which if in the Common Pleas was in former times to be committed to the Fleet there to remain till he had sued out the Kings Charter of Pardon and appeared to the Action At present in the Kings Bench the Outlary cannot be reversed unless the Defendant appear in person and by a present of Gloves to the Judges implore and obtain their savor to reverse it And in the Common Pleas the Defendant not being an Executor or Administrator is now to give good Bail which he is allow'd to do by Atturny to answer the Action if the Debt or Damage demanded be 20 l. or above and to pay the Plaintiffs charges before the outlary be reversed And by a special Capias Utlagatum in the same Writ the Sheriff is commanded and may seize all the Defendants Lands Goods and Chattels for the contempt to the King and the Plaintiff may after an Inquisition taken thereupon and returned into the Exchequer obtain a Lease of the Lands extended and a grant of the Goods whereby to compel the Defendant to appear which when he shall do and reverse the Utlary are to be restored to him See Old Nat. Br. fol. 154. and Table of Reg. Judic verbo Capias Capias in Withernamium de Averiis
Is a Writ lying for Cattle in Withernam Reg. of Writs fol. 82. 83. See Withernam Capias in Withernamium de Homine Is a Writ that lies for a Servant in Withernam Reg. fol. 79. 80. See Withernam Capias conductos ad proficiscendum Is an Original Writ which lies by the Common Law against any Soldier that hath covenanted to serve the King in his War and appears not at the time and place appointed directed to two of the Kings Serjeants at Arms to arrest and take him wheresoever he may be found and to bring him Coram Consilio nostro with a Clause of Assistance 4 Inst fol. 128. Capite from Caput i. Rex unde tenere in Capite i. Tenere de Rege omnium terrarum Capite Was a Tenure which held of the King immediately as of his Crown were it by Knights Service or Soccage Broke tit Tenures 46 94. Dyer fol. 123. num 38. But by Stat. 12 Car. 2. cap. 24. all Tenures by Knights Service of the King or of any other person Knights Service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof are taken away and discharged from 24 Febr 1645. And all Tenures of all Mannors Lands c. held either of the King or of any other person from that time shall be construed and taken for ever to be turned into free and common Soccage And all Tenures hereafter to be created by the King upon any Gifts or Grants of Mannors Lands c. are by that Statute ordained to be in free and common Soccage onely and not by Knights Service or in Capite and are to be discharged of all Wardship c. Caption Captio When a Commission is executed and the Commissioners names subscribed to a Certificate declaring when and where the Commission was executed that is called the Caption which commonly begins thus Virtute istius Commissionis nos c. Or Executio istius Commissionis patet in quadam Schedula annexata c Capture Captura The taking a prey a little gain an Arrest or Seisure Anno 14 Car. 2. cap. 14. Caput Baroniae Is the Castle or cheif Seat of a Nobleman which is not to be divided among Daughters if there be no Son but must descend to the eldest Daughter Caeteris filiabus aliundè satisfactis Carecta Carectata Sax. Cret unde Cart A Cart or Cart-load Facient precarias de Caruca Carecta i. De aratro carro Custumar Prior. Lewes M. S. Quinque Carectatas clausturae ad praedictae terrae clausturam sustinendam Mon. Angl. 2. par fol. 340. a. Caretarius A Carter Sciant quod ago Herewardus Pril Dedi In liberam puram perpetuam Eleemosinam Deo Altari B. Mariae in Conventuali Ecclesia Leominstr xii d annui reditus provenientes de quodam Mesuagio in Marisco quod fuit Ricardi Caretarii c. sine Dat. Ex libro Cart. Priorat Leominstr See Carreta Cark Is a quantity of Wool thirty whereof make a Sarpler Anno 27 Hen. 6. cap. 2. See Sarpler Carno Seems to signifie an immunity or priviledge Cromp. Jurisd fol. 191. Prior de Melton se homines suos immunes clamat ab omnibus Amerciamentis in Foresta ab omnibus Geldis Footgeldis Buckstals Tritis Carno Sumag c. Itin. Pick. fol. 168. b. Quaere Carpemeals A course kinde of Cloth made in the North of England and mentioned Anno 7 Jac. cap. 16. Carreta alià s Carrecta Was anciently used for a Carriage Wain or Cart-load Sciant praesentes futuri quod ego Henricus de Ribesford Dedi Rogero filio Ade Pistonis pro Homagio Servicio suo totum pratum meum de Wiggemore Reddend inde annuatim mibi haeredibus meis ipse haredes sui unam Carretam soeni rationabilem bene foenatam c. Sine dat Penes Tho. Bridgwater gen Carrick or Carrack Carrucha A Ship of great burden so called of the Italian word Carico or Carco a burden or charge Mentioned 2 Rich. 2. cap. 4. Cartel See Chartel Carucage Carucagium As Hidage was a Taxation by Hides of Land so Carucage was by Carucata s of Land Dederunt S. Edmundo de qualibet Carucata terrae in toto Episcopatu quatuor Denarios annuos quod usque modo ea de causa Carucagium est appellatum Mon. Angl 1 par fol. 294. a. Carrucate or Carve of Land Carrucata terrae of the Fr. Charrue i. aratrum Is a certain quantity of Land by which the Subjects have sometimes been taxed whereupon the Tribute so levied was called Carvagium Bracton lib. 2. cap. 26. num 8. Carucata tâ—rrae A Plough Land may contain Houses Mills Pasture Meadow Wood c. Coke on Littl. Sect. 119. Carrucata is sometimes also used for a Cart-load Una Carrucata ligni in Foresta nostra quae appellatur defensa Mon. Angl. 2. par fol. 311. a. Littleton cap. Tenure in Soccage saith that Soca idem est quod Caruca a Soke or Plough-Land are all one Yet Stow in his Annals pag. 271. says The same King Henry took Carvage that is two Marks of Silver of every Knights Fee towards the Marriage of His Sister Isabel to the Emperor Where Carvage cannot be taken for a Plough-Land except there were some other farther division whereby to raise of every Plough-Land so much and so consequently of every Knights Fee that is of every 680 Acres two Marks of Siver Rastal in his Exposition of Words says Carvage is to be quit if the King shall tax all the Land by Carves that is a priviledge whereby a Man is exempted from Carvage Skene says it contains as great a Portion of Land as may be labored and tilled in a year and day by one Plough which also is called Hilda or Hida terrae a word used in the old British Laws Lamb. in the end of his Eirenarcha translates Carrucatam terrae a Plough-Land The word Carve is mentioned in the Statutes of Wards and Relief made 28 Edw. 1. And in Magna Char. cap. 5. Anno 1200 facta est Pax inter Johannem Regem Angliae P. Regem Franciae c. Et mutuavit Regi Franciae 30 millia Marcarum pro quibus collectum est Carvagium in Anglia scil iii s. pro quolibet aratro Ex Registro Priorat â—e Dunstaple in Bibl. Cotton See Coke on Littl. fol. 69. a. Cassatum Cassata Habitaculum cum terra idonea ad unam familiam alendam alias Casamentum Saxonibus nostris ride Bedâ Familia Ego Forterus famulus famulorum Dei pro redemptione animae meae unum Cassatum dedi Aldberto Abbati quae sita est juxta fluvium Aesee ad portam quae dicitur Bledenithe ad insulam parvam ad Ecclesiam beati Martini Confessoris in propriam substantiam Habendum Donandumque cuicunque voluerit Qui hanc cartam infringere temptaverit sciat seipsum a Communione Sanctorum separatum ab omnipotenti Deo + Ego Forterus
immunis whereas Fundus sine scripto censum pensitabat annuum atque officiorum quadam servitute est obligatus Priorem viri plerumque nobiles atque ingenui posteriorem rustici ferè pagani possidebant Illam nos vulgò Freehold per Chartam hanc ad voluntatem Domini appellamus Thus Lambert Charter-party Lat. Charta partita Fr. Chartre-parti i. A Deed or Writing divided Is that among Merchants and Sea-â—aring men which we commonly call a Pair of Indentures containing the Covenants and Agreements made between them touching their Merchandise and Maritime Affairs Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case and 2 Inst fol. 673. Chartis Reddendis Is a Writ which lies against him that hath Charters of Feoâ—ment entrusted to his keeping and refuseth to deliver them Old Nat. Br. fol. 66. Reg. of Writs fol. 159. Chase Fr. Chasse Signifies two things First a driving Cattle to or from any place as to chase a Distress to a Fortlet Old Nat. Br. fol. 45. Secondly it is a place of Receipt for Deer and Wilde Beasts of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as the Courts of Attachment Swain-mote and Justice-seat and yet of a larger compass and stored with greater diversity both of Keepers and Wilde Beasts or Game then a Park Crompton in his Jurisd fol. 148. says A Forest cannot be in the hands of a Subject but it forthwith loseth its name and becomes a Chase and yet fol. 197. he says A Subject may be Lord and owner of a Forest which though it seems a contradiction yet both sayings are in some sort true For the King may give or alienate a Forest to a Subject yet so as when it is once in the Subject it loseth the true property of a Forest because the Courts called the Justice-seat Swain-mote and Attachment do forthwith vanish none being able to make a Lord Chief Justice in Fyr of the Forest but the King as Manwood well observes Par. 2. cap. 3. 4. Yet it may be granted in so large a manner as there may be Attachment Swain-mote and a Court equivalent to a Justice Seat as appears by him in the same Chapter num 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in his proper and true nature cannot and from a Park in that it is not enclosed and hath not onely a larger compass and more variety of Game but of Keepers also and Officers See Forest Chattels or Catals Catallia alias Capitalia Comprehend all Goods moveable and immoveable except such as are in nature of Freehold or parcel of it as may be collected out of Stamf. Praerog cap. 16. and Anno 1 Eliz cap. 2. Yet Kitchin fol. 32. says That Money is not to be accounted Goods or Chattels because it is not of it self valuable nor Hawks and Hounds for they are Ferae naturae Chattels are either personal or real Personal may be so called in two respects One because they belong immediately to the person of a Man as a Bow Horse c. The other for that being any way injuriously withheld from us we have no means to recover them but Personal Actions Chattels real are such as either appertain not immediately to the person but to some other thing by way of dependency as a Box with Charters of Land Apples upon a Tree or a Tree it self growing on the Ground Cromp. Just of Peace fol. 33. or else such as are issuing out of some immoveable thing to a person as a Lease or Rent for term of years See Bracton lib. 3. cap. 3 num 3. 4. Chattels are bona quaecunque mobilia immobilia propriè tamen ea bonorum pars quae in animalibus consistit a quorum capitibus res ipsae alias capita alias capitalia dicta sunt Spelman Chaumpert Et quod tam praedictae xx virgatae terrae quam terrae unde dicta quaterviginti quarteria srumenti annua proveniunt de nobis in Capite per servitium vocatum Chaumpert viz. Undecimae garbae nobis per manus tenentium toâ—rarum earundem annuatim solvendae tenentur Pat. 35 Edw. 3. pag. 2. m. 18. Hospital de Bowes infra Insulam de Gernesey Chaunce-medley See Chance-medley Chaunter Cantator A Singer in the Quire Anno 13 Eliz. cap. 10. At S. Davids in Pembrokeshire the Chaunter is next to the Bishop for there is no Dean Cam Britan. Chauntry Cantaria Aedes sacra ideo instituta dotata praediis ut Missa ibidem cantaretur pro anima fundatoris propinquorum ejus These were usually little Chappels or particular Altars in some Cathedral or Parochial Church and endowed with Lands or other Revenue for the maintenance of one or more Priests to officiate as abovesaid Mentioned 37 Hen. 8. cap. 4. 1 Edw. 6. c. 14. 15 Car. 2. cap. 9. Of these Chantries there were forty seven belonging to S. Pauls Church in London for which see Mr. Dugdales History of that Church Sciant quod ego Reginaldus Suard dedi Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae c. Dat. apud Leominstre die Martis prox post Festum Sancti Hillarii Anno 7 Hen. 5. Chawdren of Sea-Coals Anno 9 Hen. 5. cap. 10. See Chaldron Check-Roll Is a Roll or Book containing the names of such as are attendants and in pay to the King or other great persons as their Houshold-servants Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted or derived from the Exchequer which vide Clerk of the Check see in Clerk Chemin See Chimin Chensers Anno 27 H. 8. cap. 7. Quaere If not such as paid tribute or Cense Quit-rent or Cheif Rent For so the Fr. Censier signifies Cherset See Churchesset Chevage Chevagium from the Fr. chef i. caput Signifies a Tribute or sum of Money formerly paid by such as held Lands in Villanage or otherwise to their Lords in acknowledgment and was a kinde of Head or Poll-Money Whereof Bracton lib. 1. cap. 10. says thus Chevagium dicitur recognitio in sig num subjectionis Dominii de capite suo It seems also to be used for a sum of Money yearly given to a Man of power for his Countenance and Protection as to their cheif Head or Leader Lambert lib. 2. cap. 5. Eirenarch writes it Chivage we now call it Chiefage Est apud Wallos Chevagii genus quod Amabr vocant Principi Walliae pro maritandis filiabus olim ab omnibus ut asserunt hodie a quibusdam etiam liberis persolutum says Spelman on the word Chevagium See Coke on Littl. fol. 140. Chevisance Fr. Chevissance An Agreement or Composition made an End or Order set down
other Offendors there arraigned or indicted upon any publick crime He is otherwise termed Clerk of the Crown Office And Anno 2 Hen. 4. cap. 10. he is called Clerk of the Crown of the Kings Bench. Clerk of Assise Clericus Assisorum Is he that writes all things judicially done by the Justices of Assise in their Circuits Cromp. Jurisd fol. 227. Clerk of the Chest Anno 16 Car. 2. c. 5. Keeps an accompt of the Moneys collected and kept in a Chest for the use of sick and maimed Seamen and Mariners Clerk of the Estreats Clericus Extractorum Is a Clerk belonging to the Exchequer who Termly receives the Estreats out of the Lord Treasurers Remembrancers Office and writes them out to be levied for the King He also makes Schedules of such sums estreated as are to be discharged See the Practice of the Exchequer pag. 82. Clerk of the Pell Clericus Pellis Is a Clerk belonging to the Exchequer whose Office is to enter every Tellers Bill into a Parchment Roll called Pellis Receptorum and also to make another Roll of Payments which is called Pellis Exituum wherein he sets down by what Warrant the Money was paid This Officer is called in ancient Records Clericus Domini Thesauri Clerk of the Warrants Clericus Warrantorum Is an Officer belonging to the Court of Common Pleas who entreth all Warrants of Atturney for Plaintiff and Defendant and inrols all Deeds of Indentures of Bargain and Sale which are acknowledged in the Court or before any Judges out of the Court. And he Estreats into the Exchequer all Issues Fines and Amerciaments which any way grow due to the King in that Court and hath a standing Fee of Ten pounds of the King for making the same Extreats See Fitzh Nat. Br. fol. 76. Clerk of the Pettibag Clericus Parvae bagae Is an Officer of the Chancery of which sort there are three and the Master of the Rolls their cheif Their Office is to record the Return of all Inquisitions out of every Shire to make all Patents of Customers Gangers Comptrollers and Aulnegers all Conge de Eslires for Bishops all Liberates upon Extents of Statute Staples the recovery of Recognisances forfeited and all Elegits upon them the Summons of the Nobility Clergy and Burgesses to the Parliament Commissions directed to Knights and others of every Shire for Assessing Subsidies Writs for the nominations of Collectors for Fifteenths and all Traverses upon any Office Bill or otherwise to receive the Fees for Homages due to the Lord Great Chamberlain of the Nobility Bishops c. This Officer is mentioned 33 Hen. 8. cap. 22. Clerk of the Kings Great Wardrobe Clericus Magnae Garderobae Regis Is an Officer of the Kings House that keeps an Accompt or Inventary in Writing of all things belonging to the Kings Wardrobe Mentioned Anno 1 Edw. 4. cap. 1. Clerk of the Market Clericus Mercati Hospitii Regis Is an Officer of the Kings House Anno 1 Edw. 4. cap. 1. and Anno 13 Rich. 2. cap. 4. whose duty is to take charge of the Kings Measures and to keep the Standards of them that is The examples of all the Measures that ought to be through the Land As of Elns Yards Lagens Quarts Pottles Gallons c. Of Weights Bushels and such like and to see that all Measures in every place be answerable to the said Standard Fleta lib. 2. cap. 8 9 10 11 12. Of which Office as also of our diversity of Weights and Measures you may there finde a Treatise worth the reading Britton also in his 30 Chap. saith in the Kings Person to this effect We will that none have Measures in the Realm but we our selves but that every Man take his Measures and Weights from our Standards And so goes on with a Tractat of this matter that well shews the ancient Law and Practice in this point Touching this Officers duty you have also good Statutes Anno 13 Rich. 2. cap. 4. and Anno 17 Car. 1. cap. 19. See 4 Inst fol. 273. Clerk of the Kings Silver Clericus Argenti Regis Is an Officer belonging to the Court of Common Pleas to whom every Fine is brought after it hath been with the Custos Brevium and by whom the effect of the Writ of Covenant is entred into a Paper-Book and according to that Note all the Fines of that Term are also recorded in the Rolls of the Court. And his Entry is in this form He puts the Shire in the Margin and then saith A. B. dat Domino Regi dimidium marcam or more according to the value pro licentia concordandi cum C. D. pro talibus terris in tali villa habet chirographum per pacem admissum c. Clerk of the Peace Clericus Pacis Is an Officer belonging to the Sessions of the Peace His duty is in the Sessions to read the Endictments to enrol the Acts and draw the Process To record the Proclamations of Rates for Servants Wages to enrol the discharge of Apprentices to keep the Counterpart of the Indenture of Armor to keep the Register Book of Licenses given to Badgers and Laders of Corn and of those that are Licensed to shoot in Guns and to certifie into the Kings Bench Transcripts of Indictments Outlaries Attainders and Convictions had before the Justices of the Peace within the time limitted by Statute Lamberts Eiren. lib. 4. cap. 3. fol. 379. Clerk of the Signet Clericus Signeti Is an Officer attendant continually on His Majesties Principal Secretary who always hath the custody of the Privy Signet as well for sealing His Majesties private Letters as also such Grants as pass His Majesties Hand by Bill signed Of these there are four that attend in their course and have their diet at the Secretaries Table More largely you may read of their Office in the Statute made Anno 27 H. 8. cap. 11. Clerk of the Privy Seal Clericus Privati Sigilli There are four of these Officers that attend the Lord Privy Seal or if none such the Principal Secretary writing and making out all things that are sent by Warrant from the Signet to the Privy Seal and are to be passed to the Great Seal as also to make out as they are termed Privy Seals upon any special occasion of His Majesties affairs as for Loan of Money and such like Of this Officer and his Function you may read the Statute 27 H. 8. cap. 11. He that is now called the Lord Privy Seal seems in ancient time to have been called Clerk of the Privy Seal and to have been reckoned notwithstanding in the number of the great Officers of the Realm Read the Statute 12 Rich. 2. cap. 11. Clerk of the Juries or Jurata Writs Clericus Juratorum Is an Officer belonging to the Court of Common Pleas who makes out the Writs called Habeas Corpora and Distringas for appearance of Juries either in Court or at the Assises after the Jury or Panel is returned upon the Venire facias He
enters also into the Rolls the Awarding of these Writs and makes all the continuance from the going out of the Habeas Corpora until the verdict be given Clerk of the Pipe Clericus Pipae Is an Officer in the Exchequer who having all Accompts and Debts due to the King delivered and drawn out of the Remembrancers Offices charges them down into the great Roll who also writes Summons to the Sheriff to levy the said Debts upon the Goods and Cattels of the Debtors and if they have no Goods then he draws them down to the Lord Treasurers Remembrancer to write Estreats against their Lands The ancient Revenue of the Crown remains in charge before him and he sees the same answered by the Farmers and Sheriffs He makes a charge to all Sheriffs of their Summons of the Pipe and Green Wax and sees it answered upon their Accompts He hath the drawing and ingrossing all Leases of the Kings Land In Henry the Sixths time he was called Ingrossator Magni Rotuli Clerk of the Hamper or Hanaper Clericus Hanaperii Is an Officer in Chancery Anno 2 Edw. 4. cap. 1. otherwise called Warden of the Hamper in the same Statute whose Function is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs as also Fees due to the Officers for enrolling and examining the same with such like He is tied to attendance on the Lord Chancellor or Lord Keeper daily in the Term time and at all times of sealing having with him Leather Bags wherein are put all Charters c. After they are sealed those Bags being sealed up with the Lord Chancellors Private Seal are delivered to the Comptroller of the Hamper who upon receipt of them doth as you shall read in his Office This Hanaper represents a shadow of that which the Romans termed Fiscum which contained the Emperors treasure Clerk of the Pleas Clericus Placitorum Is an Officer in the Exchequer in whose Office all the Officers of the Court upon especial Priviledge belonging unto them ought to sue or to be sued upon any Action c. See the Practice of the Exchequer pag. 86. and 4 Inst fol. 107. Clerk of the Treasury Clericus Thesaurariae Is an Officer belonging to the Common Pleas who hath the charge of keeping the Records of the Court and makes out all the Records of Nisi Prius hath the Fees due for all searches and hath the certifying all Records into the Kings Bench when a Writ of Error is brought Also he makes all Exemplications of Records being in the Treasury He is taken to be the servant of the Cheif Justice and removeable at his pleasure whereas all other Officers are for term of life There is also a Secundary or Under-Clerk of the Treasury for Assistance who hath some allowances And likewise an Under-Keeper who always keeps one Key of the Treasury door and the cheif Clerk of the Secondary an other so as the one cannot come in without the other Clerk of Essoyns Clericus Essoniorum Is an Officer belonging to the Court of Common Pleas who keeps the Essoyn-Rolls and hath for entring every Essoyn six pence and for every Exception to Bar the Essoyn in case where the party hath omitted his time six pence He hath also the providing of Parchment and cutting it out into Rolls and marking the numbers upon them and the delivery out of all the Rolls to every Officer and the receiving them again when they are written and the binding and making up the whole Bundles of every Term and this he doth as Servant to the chief Justice For the chief Justice is at charge for the Parchment of all the Rolls for which he is allowed as the chief Justice of the Kings Bench besides the penny for the Seal of every Writ of Priviledge and Utlary the seventh penny taken for the Seal of every Writ under the Green Wax or Petit Seal in the Court of Kings Bench and Common Pleas respectively the said Lord Chief Justices having annexed to their several Offices or places the custody of the said Seals belonging to each Court Clerk of the Outlaries Clericus Utlagariarum Is an Officer belonging to the Court of Common Pleas being onely the Servant or Deputy to the Kings Atturney General for making out Writs of Capias Utlagatum after Outlary the Kings Atturnies name being to every one of those Writs And whereas seven pence is paid for the Seal of every other Writ betwixt party and party there is but a penny paid for the Seal of this Writ because it goes out at the Kings Suit Clerk of the Errors Clericus Errorum In the Court of Common Pleas does transcribe and certifie into the Kings Bench the Tenor of the Records of the Cause or Action upon which the Writ of Error made by the Cursitor is brought there to be adjudged and determined The Clerk of the Errors in the Kings Bench does likewise transcribe and certifie the Records of such Causes in that Court into the Exchequer if the Cause or Action were by Bill If by Original the Lord Chief Justice certifies the Record into the House of Peers in Parliament by taking the Transcript from the Clerk of the Errors and delivering it to the Lord Keeper there to be determined according to the Statutes 27 Eliz. 8. and 31 Eliz. 1. The Clerk of the Errors in the Exchequer does Transcribe the Records certified thither out of the Kings Bench and prepares them for Judgment in the Court of Exchequer to be given by the Justices of the Common Pleas and Barons there See 16 Car. 2. cap. 2. and 20 Eiusdem cap. 4. Clerk of the Sewers Clericus Suerarum Is an Officer appertaining to the Commissioners of Sewers writing all things that they do by vertue of their Commission for which see Sewers And see the Statute of 13 Eliz. cap. 9. Clerk Comptroller of the Kings House whereof there are two Is an Officer in the Court that hath Authority to allow or disallow the charges and demands of Pursuivants Messengers of the Green-cloth or other like He hath also the over-sight and controlling of all Defects and Miscarriages of any the Inferior Officers and to sit in the Counting-house with the Superior Officers viz. The Lord Steward Mr. Treasurer Comptroller and Cosserer either for correcting or bettering things out of Order This Officer is mentioned Anno 33 Hen. 8. cap. 12. Clerk of the Nichils or Nihils Clericus Nihilorum Is an Officer in the Exchequer who makes a Roll of all such sums as are nihiled by the Sheriffs upon their Estreats of Green-wax and delivers the same into the Lord Treasurers Remembrancers Office to have execution done upon it for the King See the Stat. 5 Rich. 2. cap. 13. Stat. 1. and Practice of the Exchequer pag. 101. See Nihil Clerk of the Check Is an Officer in the Court so called because he hath the Check and Controlment of the Yeomen of the Guard and all other
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. Deodand Deodandum Is a thing given or forfeited as it were to God for the pacification of his Wrath in a Case of Misadventure whereby a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it In the first of these Cases the Horse
in the second the Cart-wheel Cart and Horses and in the third the Tree is to be given to God that is to be sold and distributed to the Poor by the Kings Almoner for expiation of this dreadful event though effected by unreasonable yea sensless and dead creatures Stamf. Pl. Cor. lib. 1. cap. 2. Bracton lib. 3. tract 2. cap. 5. Omnia quae movent ad Mortem sunt Deodanda Fleta says This Deodand is to be sold and the price distributed to the Poor for the Soul of the King his Ancestors and all faithful people departed this life Lib. 1. cap. 25. De Submersis Which Law seems to bear an imitation of that in Exodus cap. 21. Si cornu perierit bos virum vel mulierem ita ut moriatur lapidabitur bos neque comedetur caro ejus ac Dominus ejus crit innocens This word is mentioned in the Stat. De Officio Coronatoris Anno 4 Edw. 1. See 3 Part. Inst fol. 57. Deoneranda pro rata portionis Is a Writ that lies where one is distrained for a Rent that ought to be paid by others proportionably with him For example a Man holds ten Oxgangs of Land by Fealty and ten shillings Rent of the King and aliens one Oxgang thereof to one and another to another in Fee Afterward the Sheriff or other Officer distrains onely one of them for the Rent he that is so distrained may have this Writ for his relief Fitz. Nat. Br. fol. 234. Departer or Departure Is a word properly applied to him who first pleading one thing in Bar of an Action and being replied unto does in his Rejoynder wave that and shew another matter contrary or not pursuing his first Plea Plowden in Reneger and Fagossa fol. 7 8. Or it may be applied to a Plaintiff who in his Replication shews new matter from his Declaration As in Crokes 2 Part Bagshaws Case fol. 147. The Defendant hereupon demurred because it was a departure from the Declaration So if a Man plead a General Agreement in Bar and in his Rejoynder alleage a special one this shall be adjudged a Departure in Pleading Departure in despight of the Court Is when the Tenant or Detendant appears to the Action brought against him and hath a day over in the same Term or is called after though he had no day given him so it be in the same Term if he do not appear but make default it is a Departure in despight of the Court and therefore he shall be condemned which departure is always of the part of the Tenant or Defendant and the Entry of it is Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit defaltum fecit Coke lib. 8. fol. 62. Departers of Gold and Silver See Finors Depopulation Depopulatio A wasting pilling or destruction a desolation or unpeopling of any place Cokes 12 Rep. fol. 30. Depopulatores agrorum It appears by the Stat. 4 Hen. 4. cap. 2. that they were great offenders by the ancient Law and that the Appeal or Indictment of them ought not to be General but in Special manner They are called Depopulatores Agrorum for that by prostrating or decaying the Houses or Habitation of the Kings people they depopulate that is dispeople the Towns 3 Part. Inst fol. 204. Deposition Depositio Is the Testimony of a Witness otherwise called a Deponent put down in writing by way of answer to Interrogatories exhibited to that purpose in the Court of Chancery And when such witness is examined in open Court he is said to be examined Viva voce Deposition is also used for death as in Provin Angl. lib. 2. tit De feriis Ordinamus quod Festum Depositionis Sancti Johannis de Beverlaco 7 die Mail. Per Provinciam nostram antedictam perpetuit temporibus colebretur Deprivation Deprivatio A depriving bereaving or taking away With the loss or deprivation of all the Spiritual Promotions whereof c. Anno 2 3 Edw. 6. cap. 20. Deprivation of Bishops and Deans Anno 39 Eliz. cap. 8. De quibus sur Disseisin Is a Writ of Entry See Fitz. Nat. Br. fol. 191. Deraign or Dereyn Disrationare vel dirationare Signifies generally to prove as Dirationabit jus suum haeres propinquior Glanvil lib. 2. cap. 6. And Dirationabit terram illam in Curia mea He proved that Land to be his own Idem lib. 2. cap. 20. Bracton uses it in the same sence Habeo sufficientem disratiocinationem probationem lib. 4. tract 6. cap. 16. And so he useth disrationare lib. 4. cap. 22. And to Dereyn the Warranty Old Nat. Br. fol. 146. To Deraign that right 3 Edw. 1. cap. 40. And Westm 2. cap. 5. Anno 13 Edw. 1. cap. 5. When the Parson of any Church is disturbed to demand Tythes in the next Parish by a Writ of Indicavit the Patron shall have a Writ to demand the Advowson of the Tythes being in demand and when it is Deraigned then shall the Plea pass in the Court Christian as far forth as it is Deraigned in the Kings Court. In some places the Substantive Dereinment is used in the very literal signification with the French Disrayer or desranger that is turning out of course displacing or setting out of order as Deraignment or departure out of Religion Anno 31 Hen. 8. cap. 6. and 5 6 Edw. 6. cap. 13. And Dereinment or discharge of their profession 33 Hen. 8. cap. 29. Which is spoken of those Religious Men who forsook their Orders and Professions So Kitchin fol. 152. The Leasee enters into Religion and afterwards is dereigned And Britton cap. 21. hath these words Semounse desrenable for a Summons that may be challenged as defective or not lawfully made Of this you may read something more in Skene verbo Disrationare where in one signification he confounds it with our waging and making of Law See Lex Deraisnia Descent See Discent De son tort demesn Fr. Are words of Form used in an Action of Trespass by way of Reply to the Defendants Plea For example A. sues B. in such an Action B. answers for himself that he did that which A. calls a trespass by the command of C. his Master A. saith again that B. did it de son tort demesne sans ceo que C. luy command modo forma That is B. did it of his own wrong without that that C. commanded him in such form c. Detinet See Debito and Debet and Solet Detinue detinendo Is a Writ that lies against him who having Goods or Chattels deliver'd him to keep refuses to re-deliver them See Fitz. Nat. Br. fo 138. To this is answerable in some sort actio depositi in the Civil Law And he takes his Action of Detinue who intends to recover the thing deteined and not the Damages sustained by the Detinue Kitchin fol. 176. See the New Book of Entries verbo Detinue Devastaverunt bona Testatoris Is a Writ lying against Executors for
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
effect Soccage Fitz. Nat. Br. fol. 84. This is taken away and discharged by Act of Parliament 12 Car. 2. cap. 24. See Capite Eskippeson Shipping Cesie Endenture faite parentre lui noble home Mons Thomas Beauchamp Counte de Warwyke d'une parte John Russell Escuier d'autre parte Tesmoigne c. Et que le dit John aura Eskypesoun covenable pour son passage repassage outre meer as cusiages le dit Counte c. done a Warwyke 2 Jan. 50 Edw. 3. Esnecy Aeisnecia Fr. Aisneesse i. Dignitas Primogeniti Is a Prerogative allowed the eldest Coparcener to chuse first after the Inheritance is divided Fleta lib. 5. cap. 10. sect In Divisionem Salvo capitali Mesuagio primogenito Filio pro dignitate Aeisneciae suae Glan◠lib. 7. cap. 3. Jus Esnetiae i. Jus Primogeniturae In the Statute of Marlbridge cap. 9. it is called Initia pars Haereditatis See Coke on Lattl fol. 166. b. Esples Expletia from Expleo Are the full Profits which the Ground or Land yields as the Hay of the Meadows the Feed of the Pasture the Corn of the Arable the Rents Services and such like Issues The Profits comprised under this word the Romans properly call Accessiones Note that in a Writ of Right of Land Advowson or such like the Demandant ought to alleage in his Court That he or his Ancestors took the Esplees of the thing in demand else the Pleading is not good T. Ley. Espervarius and Sparverius Fr. Espervier A Spar-Hawk Char. Foresta cap. 14. Reddit solut Willielmo Talboys Arm. ad Manerium suum de Kyme pro omnibus serviciis secularibus unum Espervarium vel 2 s. per annum ad Festum Sancti Mich. c. Comput Davidis Gefferon Collect. Redd de Wragby Anno 35 Hen. 6. Dicunt quod Ricardus de Herthall die quo obiit tenuit Manerium de Poley in Com War in Dominico suo ut de feodo per fidelitatem servitium unius Espervarii vel 2 s. ad Festum S. Jacobi c. Esc de Anno 19 Edw. 2. num 53. Esquier Was originally he who attending a Knight in time of War did carry his Shield whence he was called Escuier in French and Scutifer or Armiger in Latin Howbeit this Addition hath not of long time had any respect at all to the Office or employment of the person to whom it hath been attributed but been meerly a title of dignity and next in degree below a Knight Those to whom this title is now of right due are All the Younger Sons of Noblemen and their Heirs-male for ever The Four Esquiers of the Kings Body the Eldest Sons ot all Baronets so also of all Knights of the Bath and Knights Batchelors and their Heirs-male in the right Line Those that serve the King in any Worshipful Calling to use Camdens words as the Serjeant Chirurgeon Serjeant of the Ewry Master Cook c. Such as are created Esquiers by the King with a Collar of S. S. of Silver as the Heraulds and Serjeants at Ar 〈…〉 The cheif of some ancient Families are likewise Esquiers by Preseription those that hear any Superior Office in the Commonwealth as High Sheriff of any County who retains the title of Esquire during his life in respect of the great trust he has had of the Posse Comitatus He who is a Justice of Peace has it during the time he is in Commission and no longer if not otherwise qualify'd to bear it Vtter Barrasters in the late Acts of Parliament for Pol-Money were ranked among Esquires and so wete many wealthy Men by reason they were commonly reputed to be such and paid accordingly In Walsinghams History of Richard the Second we read of one John Blake who is said to be Juris Apprenticius and has the Addition of Scutifer there given him but whether intituled thereto by reason of that his Profession or otherwise does not appear See Camd. Brit. fol. 111. And 2 Inst fol. 595. A Principe fiunt Armigeri vel scripto vel Symbolo vel munere Scripto cum Rex sic quempiam constituerit Symbolo quum collum ergo alicujus argenteo sigmatico hoc est torque ex SS confecto adornaberit eumve argentatis calcaribus ad discrimen equitum qui aureis usi sunt donavorit Tales in occidentali Angliae plaga ut aliquando didici in conventu rei antiquae studiosorum White spurrs dicti sunt Munere cum ad munus quempiam evocaverit vel in Aula vel in Reipub. Armigerō designatum cujusmodi multa hodie patribus nostris incognita Inter Armigeros qui fiunt non nascuntur primarii habentur quatuor illi Armigeri ad Corpus Regis Esquires of the Body quos Equitum filiis primogenitis anteponendos asserunt Thus the Learned Spel. in whose Glossarium you may find mention of another species of Esquires viz. Squier born de quater Cotes OMnibus Walterus de Pavely miles filius quondam Reginaldi de Pavely salutem Novertitis me obligari Rogero Marmion filio quondam Philippi Marmion omnibus diebus vitae suae in una Roba cum pellura de secta Armigerorum meorum annuatim ad Festum Nativitatis Domini percipiend sine aliqua contradictione vel retractione mei vel haeredum meorum aut assignatorum Ad quam quidem solutionem Robae praedictae cum pellura annuatim ad terminum supradictum fideliter persoluendum obligo me haredes meos bona catalla nostra mobilia immobilia ubicunque fuerint inventa in maneriis meis in Hundredo de Westbury existentibus vel extra c. sine dat Ex codice M. S. penes Gul. Dugdale Arm. Essendi quietum de Tolonio Is a Writ that lies for Citizens and Burgesses of any City or Town that have a Charter or Prescription to exempt them from paying Toll through the whole Realm if it chance that the same is any where exacted of them Fitz. Nat. Br. fol. 226. Essoin Essonium from the Fr. Essonie or Exonnie i. Causarius miles he that has his presence forborn or excused upon any just cause as sickness or other impediment Signifies an alleadgment of an Excuse for him that is summon'd or sought for to appear and answer to an Action real or to perform Sure to a Court-Baron upon just Cause of absence It is as much as excusatio with the Civilians The causes that serve to Essoin any Man Summon'd are divers yet drawn to five Heads whereof the First is ultra mare the Second de terra sancta the Third de malo veniendi which is also called the common Essoin the Fourth is de malo lecti the Fifth de servitio Regis For further knowledge of these I refer you to Glanvile lib. 1. Bracton lib. 5. tract 2. per totum Britton ca. 122 125. and to Horns Mirror lib. 7. ca. des Essoins who mentions some more Essoins touching the Service of the King Celestial then the rest do Of these Essoins you may read
the Lands or Tenements of one bound by Statute c. that has forfeited his Bond to such an indifferent rate as by the yearly rent the Creditor may in time be paid his Debt The course and circumstances of this see in Fitz. Nat. Br. fol. 131. Extendi facias Is ordinarily called a Writ of Extent whereby the value of Lands is commanded to be made and levied in divers cases which see in the Table of the Register of Writs Extent Extenta Sometimes signifies a Writ or Commission to the Sheriff for the valuing of Lands or Tenements Sometimes the Act of the Sheriff or other Commissioner upon this Writ Broke tit Extent fol. 313. An. 16 17 Car. 2. ca. 5. Extinguishment from Extinguo Signifies an effect of consolidation For example if a Man have a yearly rent due to him out of my Lands and afterwards purchase the same Lands now both the property and rent are consolidated or united in one possessor and therefore the rent is said to be extinguished So where a Man has a Lease for years and afterwards buys the property this is a consolidation of the property of the Fruit and an Extinguishment of the Lease And if there be Lord Mesn and Tenant and the Lord purchase the Tenancy then the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as rent-seck Terms ley Extirpatione Is a Writ judicial that lies against him who after a Verdict found against him for Land c. does maliciously overthrow any House or extirpate any Trees upon it And it is two-fold one ante judicium the other post judicium Reg. judicial fol. 13. 56. 58. Extortion Extortio Is an unlawful or violent wringing of Money or Money-worth from any Man For example if an Officer by terrifying another in his Office take more then his ordinary Fees or Duties he commits and is Inditeable of this offence To this in Wests Judgment may be refer'd the exaction of unlawful Usury winning by unlawful games and in one word all taking of more then is due by color or pretence of right as excessive Toll in Milners excessive prizes of Alc Bread Victuals Wares c. Part 2. Symb. tit Inditements Sect. 65. Manwood Part 1. pa. 216. sayes Extortion is colore Officii not virtute Officii Crompton in his Justice of Peace fol. 8. sayes to this effect Wrong done by any Man in properly a Trespass but excessive wrong is called Extortion and this is most properly in Sheriffs Mayors Bailiffs and other Officers whatsoever who by color of their Office work great oppression and wrong to the Kings Subjects in taking excessive Rewards or Fees for executing their Office In the same Author fol. 48. you may see great diversity of Cases touching Extortion See also 3 Part. Inst fol. 149. Extracts See Estreats Eyre See Eire Eyet Insuletta A little Island I have seen it corruptly written in some modern Conveyances Eyght F. F. He that shall maliciously strike any person with a Weapon in Church or Church-yard or draw any Weapon there with intent to strike shall have one of his Ears cut off and if he have no Ears then shall be marked on the Cheek with a hot Iron having the Letter F. whereby he may be known for a Fray-maker or Fighter Anno 5 6 Edw. 6. ca. 4. Fabrick-Lands Are lands given towards the maintenance rebuilding or repair of Cathedrals or other Churches and mentioned in the Act of Oblivion 12 Car. 2. ca. 8. In Antient time almost every one gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv'd In Dei nomine Amen Die veneris ante Festum Nativitatis Sancti Johannis Baptistae Anno Dom. 1423. Ego Ricardus Smyth de Bromyard condo Testamontum meum in hunc modum Inprimis lego animam meam Deo beatae Mariae omnibus Sanctis Corpusque meum sepeliendum in Cimiterio Beatae Edburgae de Bradway Item lego Fabricae Ecclesiae Cathedralis Hereford xii d. Item lego Fabricae Capella Beatae Mariae de Bromyard xl d. Item lego Fratribus de Woodhouse xx d. Residuum vero bonorum c. These Fabric-lands the Saxons called Tymber-londs Faculty Facultas As it is restrained from the Original and Active signification to a particular understanding in Law is used for a priviledge or especial power granted to a man by favour indulgence and dispensation to do that which by the Common-Law he cannot as to eat Flesh upon dayes prohibited to Marry without Banes first asked c. Anno 28 Hen. 8. ca. 16. The Court of Faculties belongs to the Archbishop of Canterbury and his Officer is called Magister ad facultates his power is to grant Dispensations as to Marry to eate Flesh on dayes prohibited the Son to succeed the Father in his Benefice one to have two or more Benefices incompatible c. This Authority was given by the Statute 25 Hen. 8. ca. 21. See 4 Part. Inst fol. 337. Faint alias Feint-Action Fr. feinct Is as much as Fained-Action that is such an Action as albeit the words of the Writ be true yet for certain causes he has no Title to recover thereby And a false action is where the words of the Writ are false Coke on Lit. fol. 361. yet sometimes they are confounded Faint-Pleader from the Fr. Feinte Falsus Signifies a false covenous or collusory manner of pleading to the deceit of a third party 34 35 Hen. 8. ca. 24. Fair-pleading See Beaupleder Faitours a French word antiquated or somewhat traduced for the modern French is Faiseur i. Factor Is used in the Stat. 7 R 2. ca. 5. in the evil part signifying a bad Doer or it may not improbably be interpreted an idle Liver taken from faitardise which signifies a kind of num or sleepy Disease proceeding of too much sluggishness which the Latines call Veturnus For in the said Statute it seems to be a Synonymon with Vagabond Falda A Sheepfold Et quod oves sint levantes cubantes in propria falda Canonicorum praedictorum Rot. cart 16 Hen. 2. m. 6. Faldage Faldagium Is a priviledge which many Lords anciently reteined to themselves of setting up sheep-folds or Pens in any Fields within their Mannors the better to manure them and this not onely with their own but with their Tenants Sheep which is called Secta faldae This Faldage is call'd in some places a Fold-course or Free-fold and in some ancient Charters Fald-soca i. Libertas faldae or Libertas foldagii Rogerus Rusteng concessit Eccesiae B. Mariae de Wimondbam 40 acras terrae in Scarnebrune cum dimidia Fald-soca c. Chartular Monasterialis Ecclesiae praedict pa. 48. De Faldagio habendo ad ducentos bidentes ad plus in villa de Atheburgh Mon. Angl. 2 Par. fo 275. a. Falesia Fr. Falaize A Bank Hill or down by the Sea-side Coke on Litt. fol. 5. b. Falkland alias Folkland See Copyhold and Freehold
his right hand over the Book and say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall ow you Fealty for the Land that I hold of you in Villange and shall be justified by you in Body and Goods So help me God and all his Saints See Reg. of Writs fol. 302. a. Fidelitas est fidei ubsequii servitii ligamen quo generaliter subditus Regi particulariter vassallus domino astringitur Spel. Fée Feodum alias Feudum Is applied to all those Lands and Tenements which we hold by perpetual right and by an acknowledgment of any superiority to a higher Lord. Those that write of this subject divide all Lands and Tenements wherein a Man hath a perpetual estate to him and his heirs into Allodium and Feudum Allodium is defined to be every Man 's own Land c. which he possesseth meerly in his own right without acknowledgment of any service or payment of any Rent to any other and this is a property in the highest degree Feudum is that which we hold by the benefit of another and in the name whereof we ow Service or pay Rent or both to a Superior Lord. And all our Land here in England the Crown Land which is in the Kings own hands in right of His Crown excepted is in the nature of Feudum or Fee For though many have Land by descent from their Ancestors and others have dearly bought Land for their Money yet is it of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had Novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed So that there is no Man that hath Directum Dominium i. The very Property or Demain in any Land but the Prince in right of His Crown Camd. Britan. pag. 93. For though he that hath Fee hath Jus perpetuum utile Dominium yet he ows a duty for it and therefore it is not simply his own which thing I take those words we use for the expressing our deepest Rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that Land or Tenement in my Demain as of Fee and that is as much as if he had said it is my Demain or Proper Land after a sort because it is to me and my heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the Stat. 37 Hen. 8. cap. 16. useth the word Fee of Lands invested in the Crown but it proceeds from an ignorance of the nature of the word for Fee cannot be without Fealty sworn to a Superior as you may read partly in the word Fealty but more at large in those that write De Feudis and namely Hotoman both in his Commentaries and Disputations since no Man may grant that our King or Crown oweth Fealty to any Superior but God onely And all that write De Feudis hold that Feudatarius hath not an entire property in his Fee Fee is divided into Fee absolute otherwise called Fee-simple and Fee-conditional otherwise termed Fee-tail Fee-simple Feudum simplex is that whereof we are seised To us and our heirs for ever Fee-tail Feudum taliatum is that whereof we are seised with limitation to us and the heirs of our Body c. Which Fee-tayle is both general and special General is where Land is given to a Man and the heires of his body the reason whereof is shewed by Littleton lib. 1. ca. 2. because a Man seised of Land by such a gift if he Marry one or more Wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the Land Fee-tayl special is that where a Man and his Wife are seised of Lands to them and the heirs of their two bodies because in this case the Wife dying without issue and he Marrying another by whom he hath issue this issue cannot inherit the Land being especially given to such heirs c. This Fee-tayl has Original from the Stat. of Westm 2. ca. 1. Yet see Bracton lib. 2. ca. 5. num 3. Item quaedam absoluta larga quaedam stricta coarcta sicut certis haeredibus To whom add Plowden casu Willion fol. 235. For before that Statute all Land given to a Man and his heirs either general or special was accounted in the nature of Fee and therefore held to be so firmly in him to whom it was given that any limitation notwithstanding he might alienate it at his pleasure Coke on Litt. fol. 19. for redress of which inconvenience the said Statute was made whereby it is ordain'd that if a Man give Lands in Fee limiting the heirs to whom it shall descend with a reversion to himself or his heires for default c. that the form and true meaning of his gift shall be observed He that hath Fee then holdeth of another by some duty or other which is called Service This word Fee is sometimes used for the compass or circuit of a Lordship or Mannor Bracton lib. 2. ca. 5. in eadem villa de eodem Feodo Thirdly It is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee Old Nat. Br. fol. 41. Rent granted in Fee eodem fol. 8. Sheriff in Fee Anno 28 Ed. 1. Stat. 13. ca. 8. Lastly Fee signifies a reward or ordinary duty given a man for the execution of his Office or the performance of his industry in his Art or Science As the Lawyer or Physitian is said to have his Fee when he hath the consideration of his pains taken the one with his Client the other with his Patient Fee expectant Is by the Feudists termed Feudum expectativum See Expectant Fee Farm or Fee Ferm Feudi firma vel feofirma Is when the Lord upon creation of the Tenancy reserves to himself and his heirs either the rent for which it was before letten to Farm or at least a fourth part of that rent 2 Part Inst fo 44. and that without homage fealty or other services other then are especially comprized in the Feoffment but by Fitzh it seems the third part of the value may be appointed for the Rent or the finding of a Chaplain to Sing Divine-Service c. Nat. Br. fol. 210. C. And the Nature of it is this That if the Rent be behind and unpaid for the space of two years then the Feoffor or his heirs have Action to recover the Lands as their Demesnes Britton ca. 66. num 4. But observe out of Wests Symbol part 1. lib. 2. Sect. 463. that the Feoffment may contain services and sute of Court as well as rent And the Author of the New Terms of Law saith
That Feeferm oweth fealty though not expressed in the Feoffment since Fealty belongs to all kinds of Tenures See Ferm Felo de se Is he that commits Felony by murdring himself See Crom. Justice of P. fo 28. and Lamb. Eiren. lib. 2. ca. 7. The Saxons called him Self bana Self-bane Felony Felonia Fr. Felonnie Sir Edward Coke sayes Ideo dicta est Felonia quia fieri debet felleo animo lib. 4. fol. 124. b. We account any offence Felony that is in degree next Petit Treason and compriseth divers particulars as Murder Theft Killing ones self Sodomy Rape Willful burning of Houses and divers such like which are to be gathered especially out of the Statutes whereby many offences are daily made Felony which were not so before Felony is discerned from lighter offences in that the punishment thereof is death yet not alwayes For petit Larceny which is the stealing any thing under the value of twelve pence is Felony as appears by Broke tit Coron num 2 his reason is because the Inditement against such a one must run with these words Felonice cepit yet not punished by Death though it be loss of Goods Other exception I know not but that a Man may call that Felony which is under Petit-Treason and punished by death Of this there are two sorts one lighter which for the first time may be relieved by Clergy another that may not which may also be known by the Statutes for Clergy is allowed where it is not expresly taken away Of this read Stamf. pl Cor. lib. 1. but many offences are made Felony by Statute since he wrote and Lamb. Justice of P. lib. 2. ca. 7. in a Table drawn for the purpose Felony is also punished by loss of Lands not intailed and Goods and Chattels both real and personal yet the Statutes make difference in some cases concerning Lands as appears by 37 Hen. 8. ca. 6. Felony ordinarily works corruption of Blood unless a Statute ordaining an Offence to be Felony says It shall not corrupt the Blood As 39 Eliz. c. 17. Feme covert Fr. a Marryed Woman Anno 27 Eliz. ca. 3. who is also said to be under Covert baron Fence-moneth Mensis prohibitionis or Mensis vetitus Is a Moneth wherein the Female Deer do fawn and therefore t is unlawful to Hunt in the Forest during that time which begins fifteen dayes before Midsommer and ends fifteen dayes after in all 31 dayes See Manwood Part 2. cap. 13. per totum and the Stat 20 Car. 2. ca. 3. It is also called the Defence Moneth that is the Forbidden Moneth for the Latin is Ponantur in defenso There are also certain Fence or Defence Moneths or seasons for Fish as well as wild Beasts as appears by Westm 2. ca. 13. in these words All waters where Salmons are taken shall be in Defence for taking of Salmons from the Nativity of our Lady unto St. Martins-day And likewise that young Salmons shall not be taken nor destroyed by Nets c. from the midst of April to the Nativity of St. John Baptist See also 13 R. 2. Stat. 1. ca. 19. Fengeld Sax. Pecunia vel tributum ad arcendos hostes erogatum M. S. Antiq. Feodal Feodalis vel feudalis of or belonging to the Fee Fee-Farm or Fee-simple Anno. 12 Car. 2. ca. 24. Feodary Feudary or Feudatary Feudatarius Was an Officer Authorized and made by the Master of the Court of Wards by Letters Patent under the Seal of that Office His Function was to be present with the Escheator at the finding any Office and to give Evidence for the King as well concerning the value as the tenure to Survey the Land of the Ward after the Office found and rate it He did also assign the Kings Widows their Dowers and receive all the Rents of Wards lands within his Circuit This Officer is mentioned Anno. 32 Hen. 8. ca. 46 and seems to be totally taken away by 12 Car. 2. ca. 24. Noble-Men had also particular Feodaries Humfrey Count de Stafford de Perch Seigneur de Tunbridge de Cauz a nostre Feodier en le Counte de Warwick c. Saches que nous Dat. 17 H. 6. Feofment Feofamentum from the Gothish word feudum Signifies Donationem feudi any Gift or Grant of any Honours Castles Mannors Messuages Lands or other corporeal and immoveable things of like nature to another in Fee that is to him and his heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing when it is in writing it is called a Deed of Feofment and in every Feofment the giver is called the Feoffer Feofators and he that receives by vertue thereof the Feoffee Feofatus Litt. lib. 1. ca. 6. says the proper difference between a Feoffor and a Donor is that the first gives in Fee-simple the other in Feetay 〈…〉 Feofamentum est ipsum Donum Concessio vel actus feofandi See Coke on Litt. fol. 9. Ferdella terrae Is ten Acres See Virgata and Fardel Ferdendel See Fardingdeal Ferdfare Significat quictantiam eundi in Exercitum Fleta lib. 1. ca. 47. Ferdwit Significat quietantiam murdri in exercitu Fleta lib. 1. ca. 47. Et sint quieti de Fictwite Flictwite Ferdwite Hengewite Leirwite c. Carta 11 H. 3. m. 33. Ferial-days Dies Feriales Feriae according to the Latin Dictionary Signifies Holy-dayes or dayes vacant from Labour and Pleading But in the Stat 27 Hen. 6. ca. 5. Ferial dayes are taken for Working dayes For S. Silvester ordain'd Sabbati Dominici diei nomine retento reliquos hebdomadae dies feriarum nomine distinctos ut jam ante in Ecclesia vocari coeperant appellari So that Ferial dayes are properly all the dayes of the Week except Saturday and Sunday Ferling Ferlingus Sax. feorthling The fourth part of a Penny Quadrans Quando Quarterium frumenti venditur pro 12 denar tunc panis wastelli de Ferling is ponderabit 5 lib. 16 Sol. Assis panis Cervis Anno 51 Hen. 3. Cam. tit Huntingdon says there were in this Borough four Ferlings that is quarters of Wards Ferlingata terrae The fourth part of a Yardland Decem acrae faciunt Ferlingatam 4 Ferlingatae faciunt Virgatam 4 Virgatae faciunt Hidam 5 Hidae faciunt Feodum militare Esc 12 Ed. 2. n. 18. Ebor. In Ancient Records ferlingus terrae is also used See Mon. Angl. 2 Part. fol. 8. a. and elsewhere Ferdlingus terrae Ferm or Farm Lat. Firma Sax. feorme Fr. Ferme Signifies a Mouse and Land taken by Lease in writing or parol This in the North-parts is called a Tack in Lancashire a Ferm-holt in Essex a Wike I find locare ad firmam sometimes to signifie with others as much as to let or set to Farm with us the reason may be in respect of the sure hold they have above Tenants at Will Vide Vocab utriusque Juris verâ—o Afflictus How many ways Ferm is taken see Plowden Casu
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
from Barbadoes Jamaica c. Mentioned 12 Car. 2. cap. 18. G. GAbel Gabella Gablum Sax. gafol alias gafel Fr. Gabelle i. Vectigal hath the same signification among our old Writers as Gabelle hath in France for Camden in his Britan pag. 213. speaking of Wallingford says Continebat 276 hagas i. Domos reddentes novem libras de Gablo And pag. 228. of Oxford thus Haec urbs reddebat pro Telonio Gablo aliis consuctudinibus per annum Regi quidem viginti libras sex sextarios mellis comiti verò Algaro decem libras Gabella as Cassanaeus defines it de Consuetud Burgund pag. 119 est vectigal quod solvitur pro bonis mobilibus id est pro his quae vehuntur Distinguishing it from Tributum quia tributum est propriè quod fisco vel principi solvitur pro rebus immobilibus Gafold-gyld Sax. The payment or rendring of Tribute or Custom Also Usury gafol-Gafol-land alias Gafulland Sax. Terra censualis Land liable to Tribute or Tax rented Land or Land letten for Rent Sax. Dict. Gage Fr. Lat. vadium Signifies a Pawn or Pledge Glanvile lib. 10. cap. 6. thus Quandoque res mobiles ponuntur in vadium quandoque res immobiles And a little after Invadiatur res quandoque ad terminum quandoque sinc termino Item quandoque invadiatur res aliqua in mortuo vadio quandoque non Though the word Gage be retained as it is a Substantive yet as it is a Verb use hath turned the G. into W. So as it is oftner written Wage as to Wage Deliverance i. To give security that a thing shall be delivered For if he that distrained being sued have not delivered the Cattle that were distrained then he shall not onely avow the Distress but Gager Deliverance i. Put in surety that he will deliver them Fitz. Nat. Br. fol. 74. D. and 67 F. yet in some Cases he shall not be tied to make this security as if the Cattle died in Pound Kitchin fol. 145. or if he Claim a Propriety in the Cattle sued for To Wage Law see Law See Mortgage Gager Deliverance See Gage Gager del Ley. See Wage and Wager of Law Gagers See Gawgeors This word is mentioned in Anno 12 Car. 2. cap. 4. Gainage Lat. Wainagium i. Actus plaustri vel plaustri apparatus Fr. Gaignage i. The Gain or Crop of Tilled or Planted Grounds Signifies the Draught-Oxen Horses Wain Plough and Furniture for carrying on the work of Tillage by the baser sort of Soke-men and Villains and sometimes the Land it self or the profit raised by cultivating it Bracton lib. 1. cap. 9. speaking of Lords and Servants says Ut si eos destruant quod salvum non possit eis esse Wainagium suum And again lib. 3. tract 2. cap. 1. Villanus non amerciabitur nisi salvo Wainagio suo For anciently as it appears both by Mag. Char. cap. 14. and other Books The Villain when amerced had his Wainage free to the end the Plough might not stand still And the Law for the same reason does still allow a like Priviledge to the Husbandman that his Draught-Horses and Oxen are not in many Cases distrainable This in Magna Charta cap. 14. is called Wainage I finde in old Nat. Br. fol. 117. The Writ was abated for that the Oxgang is always of a thing that lies in Gainor This word was onely used of Arable Land because they that had it in occupation had nothing of it but the profit and fruit raised of it by their own labor towards their sustenance nor any other Title but at the Lords Will. Gainor again in the same Book fol. 12. is used for a Sokeman that hath such Land in his occupation In the 32 Chapter of the Grand Custumary Geigneurs are ruricolae qui terras elecmozynatas possident And Britton useth Gainer to Plough or Till fol. 65. a. and 42. b. West pa. 2. Symb. tit Recoveries sect 3. says a Praecipe quod reddat lies not for such and such things For they are not in Demesn but in gain c. Lastly in the Statute of Distresses in the Exchequer Anno 51. Hen. 3. I finde these words No man of Religion nor other shall be distrained by his Beasts that gain the Land See Wainage Gainery Fr. Gaignerie Tillage or Tilling or the profit raised of Tillage or of the Beasts used therein I have seen an old Lease that demised Omnes terras prat pastur in M. vulgo vocat le Gainerie c. Gainure Westm 1. cap. 6. 17. Tillage See Gainerie Galege Galicae From the Fr. Galloches which signified of old a certain Shoo worn by the Gauls in foul weather as at present the signification with us does not much differ It is mentioned Anno 4 Edw. 4. cap. 7. And 14 15 Hen. 8. cap. 9. Gallihalpens Was a kinde of Coyn which with Suskins and Doitkins was prohibited by the Stat. 3 Hen. 5. cap. 1. Gang-week See Rogation week Gaol From the Fr. Geole i. Caveola A Cage for Birds and thence Metaphorically used for a Prison So Geolier whom we call Gayler or Gaoler Garb Garba Fr. Garbe alias Gerbi i. fascis Signifies a bundle or sheaf of Corn. Charta de Foresta cap. 7. And Garba sagittarum is a Sheaf of Arrows Skene verbo Garba De omni annona decima garba Deo debita est LL. Edovardi Conf. cap. 8. Garbles Anno 21 Jac. cap. 19. Signifie the Dust Soil or Uncleanness that is severed from good Spice Drugs c. Garbling of Bow-staves Anno 1 Rich. 3. cap. 11. Is the sorting or culling out the good from the bad As garbling of Spice Drugs c. 1 Jac. cap. 19. is nothing but to purifie it from the dross and dust that is mixed with it and to sever the good from the bad It may come from the Italian Garbo that is Fineries or Neatness See 4 Inst fol. 264. Garbler of Spices Anno 21 Jac. cap. 9. Is an Officer of Antiquity in the City of London who may enter into any Shop Ware-house c. to view and search Drugs Spices c. And to garble and make clean the same Garderobe See Wardrobe and a Inst fol. 255. Gard Fr. Garde Lat. Custodia Signifies a custody or care of defence but hath divers Applications sometimes to those that attend upon the safety of the Prince called the Life-guard and Yeomen of the Gard sometimes to such as have the education and guardianship of Infants or Idiots sometimes to a Writ touching Wardship of which there were three sorts one called Droit de gard the second Ejectment de gard the third Ravishment de gard Fitz. Nat. Br. fol. 139 140. See Ward and Gardian Gardian or Guardian Fr. Gardien Sax. â—ardung Lat. Custos Signifies generally him that hath the charge or custody of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselves and their own affairs as Children and
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts in England one ordained by the Father in his last Will another appointed by the Judge afterward The third cast upon the Minor by the Law and Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
with Camden and sets down the victories whence this Order was occasion'd whatsoever cause of beginning it had the Order is inferior to none in the World in Honor or Antiquity consisting of 26 Martial and Heroical Nobles whereof the King of England is the Chief and the rest are either Nobles of the Realm or Princes of other Countries friends and confederates with this Nation the Honour being such as Emperours and Kings of other Nations have desired and thankfully accepted it being long before the order of St. Michael in France the Golden Fleece in Burgundy or the Anunciada in Savoy The Ceremonies of the Chapter proceeding to Election the Investitures and Robes the Installation Vow with such other observations see in Segars Honor militar civil lib. 2. ca. 9. fol. 65. See Knights of the Garter and Seldens Titles of Honour fol. 792. Garter also signifies the Principal king at Armes among our English Heralds attending upon the Knights thereof created by King Henry the Fifth and mentioned in the Statute 14 Car. 2. ca. 33. See Herald Garth In the North of England signifies a Back-side or a little Close or Homestead also a Dam or Wear in a River where Fish are caught called a Fish-garth It seems to be an ancient British word For Gardd in that language signifies a Garden the dd being liquefy'd in the pronunciation like th Garthman Anno 17 Rich. 2. ca. 9. It is ordained that no Fisher nor Garthman shall use any Nets or Engins to destroy the fry of fish c. Whereby it seems to signifie one that keeps or owns an open Wear where Fish are caught It may haply be derived from the Scottish word Gart which signifies forced or compelled because the Fish are forced by the Wear to pass in at a loop where they are caught Gavel Sax. gafel Tribute Toll Custom yearly Rent Payment or Revenue Of which we had of old several kinds paid by Tenants to their Landlords As Gavel-Corn Gavel-malt Oate-gavel Gavel-fodder As you may read in Mr. Fabian Philip's Book Entituled Mistaken Recompence pa. 39 40. Gavelet Is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkind continues whereby the Tenant shall forfeit his Lands and Tenements to the Lord if he withdraw from him his due Rents and Services after this manner The Lord must seek by the award of his Court from three weeks to three weeks to fin I some distress upon the Tenement until the fourth Court alwayes with Witnesses and if in that time he can find none then at the fourth Court let it be awarded that he take the Tenement into his hand in name of a Distress and keep it a Year and a day without Manuring within which time if the Tenant pay his Arrears and make reasonable amends for the withholding let him have and enjoy his Tenement as before and if he come not before the year and day be past let the Lord go to the next County-Court with his Witness of what past at his own Court and pronounce there this Process to have further Witnesses and then by the award of his own Court he shall enter and Manure the Tenement as his own And if the Tenant will afterwards re-have it and hold it as he did before let him make agreement with the Lord according to this old saying Neghesith selde neghesith geld v l. for his Were er he become healder i. Has he not since any thing given nor any thing paid Then let him pay 5 l. for his Were ere he become healder again Other Copies have the first part thus written and expounded Nigondsith yeld nigonsith geld Let him 9 times pay and 9 times re-pay Of this see 10 Hen. 3. Fitz. tit Cessavit 60 and the Stat. of Gavelet 10 Edw. 2. which gives this Law to Lords of Rents in London And see Westm 2. ca. 21. which gives Cessavit Gavelkind from the Sax gafel i. Census tributum and cynd Natura Genus But Doctor Powel in his Additaments to the Cambrian History and from him Taylor in his History of Gavelkind fol. 26. would have it derived from the British word Gavel importing a Hold or Tenure however it signifies a Tenure or Custom whereby the Lands of the Father are equally divided at his death among all his Sons or the Land of the Brother among all the Brethren if he have no Issue of his own Teutonicis priscis patrios succedit in agros Mascula stirps omnis ne foret ulla potens This Custom is still of force in Kent Urchenfeild in Herefordshire and elsewhere though with some difference But by the Stat. 34 35 Hen. 8. ca. 26. All Gavelkind Lands in Wales are made descendable to the Heir according to the course of the Common-Law Camden in his Brit. says thus Cantiani ea lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque inprimis quam Gavelkind nominat Haec a terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint Adding further Hanc haereditatem cum quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Et filii parentibus furti damnatis in id genus fundi succedunt c. It appears by 18 Hen. 6. ca. 1. That in those dayes there were not above 30 or 40 persons in all Kent that held by any other Tenure which was afterwards altered upon the petition of divers Kentish Gentlemen in much of the Land of that County by Stat. 31 Hen. 8. ca. 3. See Lamberts Perambulation of Kent and Sumners learned Discourse on this Subject Dedi totam terram quam vendidit mihi Michael de Turnham sicut suum liberum Gavilikinde Stoikikinde ad fundandum ibi Domum Religionis c. Mon. Angl. 2 Par. fol. 640. a. Gavelsester Sax. Sextarius vectigalis Cervisiae scilicet sextarius Manerii vel praedii Domino ab usufructuariis cervisiam coquentibus census vel vectigalis nomine pendendus A certain Measure of Rent-Ale Among the Articles to be charged on the Stewards and Bailiffs of the Church of Canterburies Mannors in Kent according to which they were to be accountable this of old was one De Gavel-sester cujuslibet bracini braciati infra libertatem Maneriorum viz. unam lagenam dimidiam Cervisiae It elsewhere occurs under the name of Tol-sester thus De Tolsester Cervisiae hoc est de quolibet bracino per unum annum lagenam de Cervisia And is undoubtedly the same in lieu whereof the Abbot of Abington was wont of Custom to receive that Peny mentioned by Selden in his learned Dissertation annexed to Fleta ca. 8. num 3. and there by some mistake haply of the Printer written Colcester-peny for Tol-sester-penny Nor differs it I think from what in the Glossary at the end of Hen. 1. Laws is called Oale-gavel
26. b. See also Fitz. Nat. Br. fol. 31. Half-seal Is used in the Chancery for the sealing of Commissions to Delegates appointed upon any Appeal in Ecclesiastical or Marine Causes Anno 8 Eliz. cap. 5. Half-tong See Medietas Linguae Halimote alias Healgemot from the Sax. Hease i. aula gemot i. conventus Is that we now call a Court Baron and the etymology is the Meeting of the Tenants of one Hall or Mannor Omnis causa terminetur vel Hundredo vel Comitatu vel Halimot socum habentium vel Dominorum Curia LL. Hen. 1. cap. 10. The name is still retained at Luston and other places in Herefordshire Hereford Palatium Ad Halimot ibidem tent 11. die Oct. Anno Regni Regis Hen. 6. 24. Venit Johannes Garneston Juliana Uxor ejus in plena Curià c. It is sometimes taken for a Convention of Citizens in their Publick Hall which was also called Folkmot and Halmot As in London every Company hath a Hall wherein they keep their Courts 4 Inst fol. 249. Also a Holy or Ecclesiastical Court Hall Halla Sax. Healle Was anciently taken for a Mansion-house or Habitation Domesday tit Chent Terra Hugonis de Mountfort In Newcerct Hundred ipse Hugo tenet unam terram quam Azor Rot tenuit de R. E. Rege Edovardo sine Halla i. sine domo Hallage Fr. Is a Fee or Toll due for Cloaths brought for sale to Blackwel-Hall in London Coke vol. 6. fol. 62. b. Also the Toll that is due to the Lord of a Fair or Market for such Commodities as are vended in the Common Hall of the place Hallam-shire Anno 21 Jac. cap. 31. Was a part of Yorkshire where the Town of Sheffield stands Halsfang See Healfang Ham Sax. A House or Habitation also a Village or Town Hence our many Towns end with it as Nottingham Buckingham Walsingham c. Hambles Is the Plural of the French Hable signifying a Port or Haven of the Sea Mentioned 27 Hen 6. cap. 3. Hameling or Hambling of Dogs Is all one with Expeditating Manwood Part. 1. fol. 212. and part 2. cap. 16. num 5. says This is the ancient term that Foresters used for that matter See Expeditate Hamel Hamlet Hampsel Are Diminutives of Ham and signifie a little Village or rather part of a Village of which three the word Hamlet is now onely used though Kitchin useth both Hamel and Hampsel The Learned Spelman upon these words shewing the difference betwixt Villam integram villam dimidiam Hamletam says thus Hamletam vero quae medietatem friborgi non obtinuit hoc est ubi quinque Capitales plegii non deprehensi sint The Statute of Exon 14 Edw. 1. mentions this word thus Lez nosmes de toutes les villes Hamlets que sont en son Wapentake c. In an ancient MS. I finde it expounded the seat of a Free-holder Hamfare Sax. Insultus factus in domo See Gloss in x. Scriptores Hamsoken Sax. Hamsocn The Liberty Priviledge or Freedom of a Man 's own House or home also a Franchise or Priviledge so called granted to the Lords of Mannors whereby they hold Pleas and take Cognizance of the breach of that immunity Sax Dict. Significat quietantiam misericordiae intrationis in alienam Domum vi injustè Fleta lib. 1. cap. 47. Concedo libertatem potestatem jura consuetudines omnes forisfacturas omnium terrarum suarum i. Burgheritha Hundred-Setena Athas Ordelas Infangtheofas Hamsorne Fridebrice Forstel Toll Team in omni Regno meo c Char. Donationis ab Edmundo Rege Eccles Sanctae Mariae Glaston Our ancient Records express Burglary under this word Hamsocne See Homesoken Handborow Sax. Borg-hand i. a Surety Est quasi vas aut fide jussor manuensis hoc est minor seu inferior nam Headborow vas est capitalis vel superior Spelman Hand in and hand out Anno 17 Edw. 4. cap. 2. Is the name of an unlawful game how disused Handful Is four inches by the Standard Anno 33 Hen. 8. cap. 5. Handy-warp A kinde of Cloth made at Coksal Bocking and Braintree in Essex and mentioned in the Statute of 4 5 Phil. Ma. cap. 5. Hanifare See Hinefare Hankwit alias Hangwite from the Sax. Hangian i. suspendere and pite mulcta Is according to Kastal a Liberty granted to a Man whereby he is quit of a Felon or Theif hanged without judgment or escaped out of custody We read it interpreted Mulcta pro homine injustè suspenso And elswhere Mulcta pro latrone praeter juris exigentiam suspenso vel elapso Q. Whether it may not also signifie a liberty whereby a Lord challengeth the forfeiture due for him who hangs himself within the Lords Fee See Bloudwit Hanper or Hanaper of the Chancery Anno 10 Rich. 2. cap. 1. Seems to signifie as Fiscus originally does in Latin See Clerk of the Hanaper Hanse an old Gothish word Signifies a Society of Merchants combined together for the good usage and safe passage of merchandise from Kingdom to Kingdom This Society was and in part yet is endued with many large Priviledges of Princes respectively within their Territories It had four Principal Seats or Staples where the Almain or Dutch Merchants being the Erectors of this Society had an especial House one of which was here in London called Guildhalda Teutonicorum vulgarly the Steelyard See Ortelius Index verbo Ansiatici Et quod habeant Gildam Mercatoriam cum Hansa c. Carta Hen. 7. Ball. Burgens Mountgomer Hap Fr. Happer to catch or snatch Signifies the same with us as to hap the possession of a Deed Poll Littleton fo 8. To hap the rent As if partition be made between two Parceners and more Land be allowed to one then the other and she that has most of the Land charges her Land to the other and she happeth the rent she shall maintain Assise without specialty Terms Ley. Haque Is a hand-Gun of about three quarters of a yard long Anno 33 H. 8. ca. 6. and 2 3 Ed 6. ca. 14. There is also the half-haque or demi-haque Haquebut Fr. A kind of Gun or Caliver otherwise called an Arquebuse Anno 2 3 Ed. 6. ca. 14. and 4 5 Ph. Ma. ca. 2. Haratium Et decimas de dominio suo de pratis de bladis parcis Haratiis molendinis de vivariis Mon. Ang. 1. par fo 339. Probably from hara a Swinesty it might signifie the breed or stock of Swine Hariot alias Heriot Heriotum Sir Edward Coke on Litt. fo 185. b. says This as he takes it in the Saxon Tongue is called Heregeat that is the Lords Beast for here says he is Lord and geat is Beast from which I crave liberty to dissent For Here in Sax. signifies an Army and the Saxon Heregeat from whence we derive our Heriot Signify'd Provision for Warr or a Tribute given to the Lord of a Mannor for his better preparation towards Warr Erat enim
Si quis amicis destitutus vel alienigena ad tantum laborem veniat ut amicum non habeat in prima accusatione ponatur in Hengen ibi sustineat donec ad Dei judicium vadat LL. Hen. 1. cap. 65. Hengwite Significat quietantiam misericordiae de latrone suspenso absque consideratione Fleta lib. 1. cap. 47. See Hankwit Herald Heralt or Harold Ital. Heraldo Fr. Herault Vel quasi Herus altus Signifies an Officer at Arms whose Function is to denounce War to proclaim Peace and to be employed by the King in Martial Messages Thus described by Polidore lib. 19. Habent insuper Apparitores ministros quos Heraldos dicunt quorum praefectus Armorum Rex vocitatur hii belli pacis nuncii Ducibus Comitisque à Rege factis insignia aptant ac eorum funera curant They are Judges and Examiners of Gentlemens Arms and Conservers of Genealogies they Martial the Solemnities at the Coronation and Funerals of Princes Manage Combats and such like The three chief are called Kings at Arms of which Garter is the Principal instituted and created by Henry the Fifth Stows Annal. pag. 584. whose office is to attend the Knights of the Garter at their Solemnities and to Marshal the Funerals of the Nobility yet I finde in Plowden Casu Reneger Fogossa that Edward the Fourth granted the Office of King of Heralds to one Garter Cum feudis proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the Fourth who attaining the Dukedom of Clarence by the death of George his Brother whom he beheaded for aspiring the Crown made the Herald which properly belonged to that Dukedom a King at Arms and called him Clarentius His proper office is to martial and dispose the Funerals of all the lesser Nobility as Knights and Esquires through the Realm on the South-side Trent The third is Norroy quasi North-Roy whose office is the same on the North-side Trent as Clarentius on the South as is intimated by his name signifying the Northern King or King at Arms of the North parts Besides these there are six other properly called Heralds according to their original as they were created to attend certain great Lords c. in Martial Expeditions viz. York Lancaster Somerset Richmond Chester Windsor Lastly there are four other called Marshals or Pursuivants at Arms who commonly succeed in the place of such Heralds as die or are preferred and those are Blew-mantle Rouge-cross Rougedragon and Percullis These Heralds are by some Authors called Nuncii Sacri and by the Ancient Romans Feciales who were Priests Kings at Arms are mentioned in the Statute of 14 Car. 2. cap. 33. Of these see more in Sir Hen. Spelmans learned Glossarium Herbage Fr. Lat. Herbagium Signifies the Pasture or Fruit of the Earth provided by nature for the Bit or Mouth of the Cattle And it is commonly used for a Liberty that a Man hath to feed his Cattle in another Mans Ground as in the Forest Cromp. Jur. fol. 197. Occurrit frequens says Spelman pro jure depascendi alienum solum ut in Forestis OMnibus Hugo de Logiis salutem Sciatis me dedisse Thomae de Erdyngton totam terram meam de Alfledemore cum pertin Reddendo inde annuatim sex sagittas barbatas ad festum S. Mich. Salvo mihi Marg. uxori meae quod nos in praedicta terra habebimus Liberum Herbagium ad custum nostrum nobis omnibus hominibus nostris de familia nostra transeuntibus c. Sine Dat. Penes Wil. Dugdale Arm. Herbenger from the Fr. Herberger i. Hospitio accipere Signifies with us an Officer of the Kings Court who allots the Noblemen and those of the Houshold their Lodgings Kitchin fol. 176. uses it for an Inn-keeper Herciebant a Gal. Hercer to Harrow Arabant Herciebant ad Curiam Domini i. They did Plough and Harrow at the Mannor of the Lord. 4 Inst fol. 270. Hereditaments Haereditamenta Signifie all such immovable things be they corporeal or incorporeal as a Man may have to himself and his Heirs by way of inheritance see 32 Hen. 8. cap. 2. or not being otherwise bequeathed do naturally and of course descend to the next Heir and fall not within the reach of an Executor or Administrator as Chattels do It is a word of great extent and much used in Conveyances for by the Grant of Hereditaments Isles Seigniories Mannors Houses and Lands of all sorts Charters Rents Services Advowsons Commons and whatsoever may be inherited will pass Coke on Littl. fol. 6. Haereditamentum est omne quod jure haereditario ad haeredem transeat Herefare Sax. Profectio militaris expeditio See Subsidy Heregeat See Hariot Heregeld Sax. Pecunia seu tributum alendo exercitui collatum See Subsidy Heriot See Hariot Herestita or Heressia Signifies a Soldier hired and departing without Licence from the Saxon Here exercitus slitan scindere dissolvere not from Sliten to depart as in 4 Inst fol. 128. Hermitage Heremitagium The Habitation of a Hermite a solitary place Vulgariter autem locus iste a laicis Heremitagium nuncupatur propter solitudinem non quod Heremita aliquis aliquo tempore ibidem solebat conversari Mon. Angl. 2 par fol. 339. b. Hermitorium Is by some Authors confounded with Hermitage but I have seen it distinguished to signifie the Chappel or place of Prayer belonging to an Hermitage for I finde in an old Charter Capellam sive Hermitorium Herpsac See Frodmortel Hesta or Hestha Hestam intelligo pro Capo seu Gallo castrato vel pullo quodam gallinaceo A Gal. Hestoudeau a Cockerel or Caponet Spel. See Rusca Hest-corne In redeundo vero Rex Athelstanus post peractam victoriam declinavit per Ebor. versus Beverlacum ac nonnullas possessiones redimendo Cullellum per 〈…〉 eum ibi depositum dedit Deo glorioso Confessori Johanni praedicto ac septem Presbyteris ibidem Deo servientibus Quasdam avenas vulgariter dictas Hestcorne percipiendas de Dominiis Ecclestis in illis partibus quas Ministri dictae Ecclesiae usque in praeseus percipiunt pacifice quiete Mon. Angl. 2 par fol. 367. b. Hexam Was anciently a County of it self and a Franchise where the Kings Writ went not but by the Statute of 14 Eliz. cap. 13. Hexam and Hexamshire shall be within the County of Northumberland See 4 Inst fol. 222. It was also of old a Bishoprick by the name of Episcopatus Hagustaldensis See Mon. Angl. 2 par fol. 91. Hide of Land Sax. Hyde-Lands ab Hyoen tegere Tanta fundi portio quanta unico per annum coli poterat aratro A Plough-Land In an old Law Manuscript it is said to be 120 Acres Bede calls it Familiam and says it is as much as will maintain a Family Others say it is four Yardland Cromp. in his Jurisd fol. 222. says A Hide of Land contains One hundred Acres and eight Hides make a Knights Fee Hida autem
cap. 11. Lawn See Landa Layland Terra inculta novale Land that lies untilled Leap-year See Bissextile Lease from the Fr. Laisser i. Relinquere Permittere Is a Demise or Letting of Lands Tenements Right of Common Rent or any Hereditament to another for Term of Years or Life for a Rent Reserved If the Lease be written it is said to be an Indenture Deed Poll or Lease in writing if made by word of Mouth it is called a Lease Parol The Party that Lets this Lease is called the Leassor and he to whom it is made the Leassee A Lease hath in it six Points or Parts 1. Words importing a Demise 2. A Leassee named 3. A Commencement from a day certain 4. A Term of Years 5. A Determination 6. A Reservation of Rent Coke vol. 6. Knights Case fol. 55. Lecherwite alias Legerwite See Lairwite Leccator A Riotous debauched Person a Roaring Boy a Tavern-hunter Sciant quod ego Johannes Constabularius Cestriae dedi Hugoni de Dutton Haeredibus Magistratum omnium Leccatorum Meretricum totius Cestershiriae sicut liberiùs illum Magistratum teneo de Comite Salvo jure meo mihi haredibus meis Hiis testibus c. Sine dat circa Annum 1220. Lǽt Leta visus Franci-plegii Otherwise called a Law-daw This Court in whose Mannor soever kept is accounted the Kings Court because the Authority thereof is originally belonging to the Crown and thence derived to inferior persons and is a Court of Record It enquireth of all offences under High Treason though it cannot punish many but must certifie them to the Justices of Assize by Stat. 1 Edw. 3. cap. ult Of which see 4 Inst fol. 261. And the Stat. 8 Edw. 2. Haec est Curia prisca illa says Spelman quae inter Saxones ad Friborgos Decanias Tenmentalas pertinebat Leet comes from the Sax. Laet i. Censura arbitrium or from Laetan Censere aestimare Quòd in hac olim Curia de damnis aestimabatur inter vicinos emergentibus ut patet in LL. Edw. Conf. cap. 20. See the Antiquities of Warwickshire fol. 2. Legacy Legatum Is a particular thing given by a last Will and Testament and he to whom such Legacy is given is called a Legatee Legalis homo Is taken for him who stands Rectus in Curia not Outlawed nor Excommunicated nor Defamed and in his sence are those words so often used Probi et legales homines Hence Legality is taken for the condition of such a Man Ipse tamen malefactor tradat fidejussores de pace legalitate tuenda i. Sureties for his Good-behavior LL. Edw. Conf. cap. 18. See Yoman Legatarie Legatarius He or she to whom any thing is bequeathed a Legatée Spel. says it is sometimes used Pro Legato vel Nuncio Legatorie Anno 27 Eliz. cap. 16. The same with Legatary Legergild Legergildum The same with Lairwite But in the Laws of Hen. 1. cap. 12. it seems to have a different signification Si quis Dei fugitivum habet injustè reddat eum ad rectum persolvat ei cujus erit Regi emender secundum Legergildum Legespend See Lespegend Legitimation Legitimatio A making lawful or Legitimate Lent from the Sax. Lencten Faesten i. Jejunium vel tempus quadragesimale The Spring Fast A time of Fasting for forty days next before Easter mentioned in the Stat. 2 3 Edw. 6. cap. 19. And according to Sir Rich. Baker Chron. fol. 7. first commanded to be observed in England by Ercombert Seventh King of Kent before the year 800. Lep and Lace Leppe Lasse Is a Custom within the Mannor of Writtel in Com. Essex that every Cart that comes over a part thereof called Greenbury except it be the Cart of a Nobleman pays four pence to the Lord of the Mannor This Greenbury is conceived to have anciently been a Market place and therefore had this priviledge granted Tobias Edmonds Gen Senescal ibid. Leporarius A Grey-hound for the Hare Concedo eis duos Leporarios quatuor Bracatos ad leporem capiendum in Foresta nostra de Essexia Mon. Angl. 2 par fol. 283. a. Leproso amovendo Is a Writ that lies for a Parish to remove a Leper or Lazar that thrusts himself into the Company of his Neighbors either in Church or other Publick Meetings to their Annoyance Fitz. Nat. Br. fol. 234. Lespegend Sax. Les-thegen i. Barominor Sint sub quolibet horum quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant Dani vero Yoong men vocant locati qui curam onus tum viridis tum veneris suscipiant Constitut Canuti Regis de Foresta Art 2. Lestage See Lastage Leth. See Lath. Letherwite 2 Inst fol. 488. This is doubtless there mistaken or false Printed for Lecherwite See Lairwite Letters Patent Literae Patentes Are Writings sealed with the Great Seal of England whereby a Man is enabled to do or enjoy that which otherwise of himself he could not Anno 19 Hen. 7. cap. 7. And they are so called because they are open ready to be shewed for confirmation of the Authority thereby given Letters Patent may be granted by common persons but they are rather called Patents yet for distinction the Kings Letters Patent are sometimes called Letters Patent Royal. Anno 2 Hen. 6. cap. 10. Letters Patent conclude with Teste me ipso c. Charters with Hiis testibus 2 Part Inst fol. 78. Letter of Atturney Litera Atturnati Is a writing authorising an Atturney that is a Man appointed to do a lawful act in our steeds West pa. 1. Symb. lib. 2. sect 559. As a Letter of Atturney to give Seisin of Lands thus anciently PAteat universis per presentes quod ego Johannes Gour Dominus de Peodelestone Attornavi loco meo dilectum mihi in Christo Johannem Hendyng ad ponendum William Nasche Rogerum Nasche in plena pacifica seisina in omnibus illis terris tenementis cum pertin suis quae quas habeo in Orleton prout in carta Feoffamenti dictis Will. Rogero inde confecta plenius continetur Ratum haben gratum quicquid dictus Iohannes nomine meo fecerit in praemissis In cujus c. dat 43 Ed. 3. Letters of Marq See Marq and Reprisals Levant and Couchant Is when Cattel have been so long in another Mans Ground that they have lain down and are risen again to seed in ancient Records Levantes cubantes See Falda Levari facias Is a Writ directed to the Sheriff for the levying a Summ of Money upon his Lands and Tenements who has forfeited a Recognizance Reg. of Writs fo 298. b. Levari facias damna de disseisitoribus Is a Writ directed to the Sheriff for the levying Dammages wherein the Disseisor has formerly been condemned to the Disseisee Reg. of Writs fo 214. b. Levari facias residuum debii Is a Writ directed to the Sheriff for the levying the remnant of a Debt upon Lands and Tenements or Chattels of the Debtor that has been in part
to real and mixt Actions and Mainpernors to personal lib. 3. ca. des Pledges Mainpernors See 4 Inst fo 179. â—ainsworn in the North signifies as much as Forsworn Brownl Rep 4. Hâ—b rep 8. Maintainor Anno 19 Hen. 7. ca. 14. Is he that maintains or seconds a Cause depending in Sute between others either by disbursing Money or making Friends for either party towards his help Maintenance Manutenentia Signifies the upholding or maintaining a Cause or Person eithor by Word Writing Countenance or Deed Metaphorically taken from the succoring a young Child that learns to go by ones hand and is used in the evil part Anno 32 Hen. 8. ca. 9. When a Mans Act in this kind is by Law accounted Maintenance and when not See Brooke tit Maintenance and Kitchin fo 202. There lies a Writ against a Man for this offence called a Wrâ—t ef Maintenance See Coke on Litt. fo 368. b. Maison dieu Fr. An Hospital or Alms-house See Meason dieu Make Facere Signifies to perform or execute as to make his Law is to perform that Law which he has formerly bound himself unto that is to clear himself of an Action commenced against him by his Oath and the Oathes of his Neighbors Old Nat. Br. fo 267. Kiâ—câ—in fo 192. Which Law seems to be borrowed of the Feudists who call those Men that swear for another in this Case Sacramenâ—ales The formal words used by him that makes his Law are commonly these Hear O ye Iustices that I do not oâ—â— this summ of Money demanded neither all nor any part thereof in Manner and Form declared So help me God and the Contents of this Book To make Services or Custom is nothing else but to perform them Old Nat. 〈◊〉 fo 14. â—alediction Maledictio A Curse which was of old usually annexed to Donations of Land made to Churches and Religious Housâ—â— Si quic autem quod no◠〈◊〉 〈…〉 c â—ostram Donationem infringero 〈◊〉 pâ—rpâ—ssâ—◠〈◊〉 gelidâ—â— glaci 〈…〉 â—â—â—tibus maligâ—orum Spiriâ—uâ—m terribiles 〈◊〉 cruciatâ—◠〈◊〉 sisse non quiâ—scaâ— nâ—sâ— priâ—â— in riguâ—â— p 〈…〉 gâ—mit 〈…〉 purâ—â—mendatione emendaâ—â—rit Carta Regis Athelstani Monast dâ— Wilâ—unâ— Anno 933. Again Bolial sâ— qâ—iâ— filiâ—â— cartaâ—â— haâ—â— j 〈…〉 〈◊〉 conscriptam inimicali zelâ— corrumperâ— deâ—idâ—r 〈◊〉 〈◊〉 non dâ—biâ—â—t a 〈◊〉 〈◊〉 mei servientibus deo nunc 〈◊〉 usque in sâ—mpiternum abdicatum excommunicatum sine fine cruciandum unde post mortem a Tartariis rapsus Ministris in profundum pestiferae mortis inferni flammigera concludetur in Domo ibidem in quandam ollam Vulcani ligatis projicietur membris quae assidue bulliente pice repleta esse testatur a talibus frangentibus seu minuentibus intolleratissime atrociterque absque ulla misericordia sentitur nisi hoc ante mortem paenitentiae lamentis emendaverit Carta Eadredi Regis Mon. Angl. 2 Par. fo 867. Quod si forte post haec aliquis haeredum meorum de biis Elemosynis a pr 〈…〉 fata Ecclesia aliquid abstulerit ex ore meo in conspectu Dei sit ille maledictus in tremendo Iudicio nisi resipuerit condemnatus Amen Carta Roberti Camerarii Comitis Richmundiae in Bibl. Cotton Malefesance From the Fr. Malfaire i. To offend or transgress A doing of evil a transgressing Crokes Rep. 2 Par. fo 266. Maletent or Maletolte Fr. Maletoste i. Malum vel indebitum Telonium In the Statute called the Confirmation of the Liberties c. Anno 25 Edw. 1. ca. 7. Is interpreted to be a Toll of 40s for every sack of Wool Stow in his Annals calls it a Maletot fo 461. See the Stat. de Tallagio non concedendo Anno 35 ejusdem Nothing from henceforth shall be taken of Sacks of Wool by color or occasion of Maletent In France they had an extraordinary Tax called Maletoste Malin See Marle Malveis procurors in Art super Chartas ca. 10. Is understood of such as use to pack Juries by nomination or other practise or procurement 2 Inst fo 561. Manbote Sax. Man-bot A recompense for Homicide or a compensation due to the Lord for the slaughter of his Man or Vassal Manbote vero i. compensatio Domino persolvenda pro homine suo occiso Anglorum lege Regi Archiepiscopo tres Marcas de hominibus eorum propriis sed Episcopo ejusdem Comitatus Consuli dapifero Regis viginti solidos Baronibus autem aliis decem solidos c. Spel. de Concil Vol. 1. fol. 622. See Hoveden parte poster annal fo 344. Bote. Manca Charta Regis Eadgari Eccles Sancti Pauli Anno 867. Indictione 15. cum lato digno pretio i. lx Mancas in auro purissimo was a square piece of Gold commonly valued at 30 pence Mancusa was as much as a Mark of Silver Notes upon Canutus Lawes id est Manucusa Coyned with the hand Manciple Manceps A Clerk of the Kitchin or Caterer An Officer anciently so called in the Inner-Temple now he is called Steward there and still in Colledges of whom Jeoffrey Chaucer our ancient Poet and a Student in this House thus A Manciple there was in the Temple Of which all Catours might taken ensemple Mandamus Is a Writ that lay after the year and day where in the mean time the Writ called Diem clausit extremum had not been sent out to the Escheator Fitz. Nat. Br. fo 253. b. See Diem clausit extremum Mandamus was also a charge to the Sheriff to take into the Kings hands all the Lands and Tenements of the Kings Widow who against her Oath formerly given Married without the Kings consent Reg. fo 295. b. See Widow Mandatary Mandatarius He to whom a Commandement or Charge is given Also he that comes to a Benefice by a Mandamus Mandate Mandatum Is a Commandement judicial of the King or his Justices to have any thing done for the dispatch of Justice whereof you may see diversity in the Table of the Register Iudicial on this word The Bishops Mandat to the Sheriff Anno 31 Eliz. ca. 9. Manentes Was anciently used for Tenentes or Tenants Concil Synodal apud Clovesho Anno 822. Also Manses or Hides of Land Cressy's Ch. History fo 723. Manning Manopera A dayes Work of a Man in some ancient Deeds I have seen reserved so much Rent and so many Mannings Manor Manerium a Manendo of abiding there because the Lord of it did usually reside there Est feodum nobile partim vassallis quos Tenentes vocamus ob certa servitia concessum partim Domino in usum Familiae suae cum jurisdictione in vassallos ob concessa praedia reservatum Quae vassallis conceduntur terras dicimus tenementales quae domino reservantur dominicales Totum vero feodum dominium appellatur olim Baronia unde Curia quae huic praeest jurisdictioni hodie Curia Baronis nomen retinet Touching its original There was antiently a certain compass of Ground granted by the
King to some Baron or such like man of worth for him and his heirs to dwell upon and to exercise some jurisdiction more or less within that circuit as he thought good to grant performing him such services and paying such yearly rent for the same as he by his grant required and that afterward this great Man parcelled his Land to other meaner Men enjoyning them again such services and rents as he thought good and by that means as he became Tenant to the King so the inferiors became Tenants to him See Perkins Reservations 670. and Horns Mirror of Justices lib. 1. ca. du Roy Alfred In these dayes a Manor rather signifies the jurisdiction and Royalty incorporeal than the Land or scite For a man may have a Manor in Gross that is the right and interest of a Court Baron with the Perquisits and another enjoy every foot of the land belonging to it Kitchin fo 4. Bracton lib. 5. Tract 5. ca. 28. nu 1. See Fee A Manor may be compounded of divers things as of a House Arable Land Pasture Meadow Wood Rent Advowzen Court-baron and such like And this ought to be by long continuance of time bey ond mans memory For at this day as some hold a Manor cannot be made because a Court-Baron cannot be made and a Mannor cannot be without a Court-Baron and two suiters at least Manpygarnon Will. Walcote tenet Manerium de Adington in Com. Surr. per servitium inveniendi ad Coronationem Regis quoddam Potagium vocat Manpygarnon Mansion Mansio a Manendo A dwelling house a Country habitation most commonly used for the Lords chief dwelling House within his Fee otherwise called the Capital Messuage or the chief Manor-place See Skene verbo Mansus The Latin word Mansia in the Charter granted by King Kenulphus to Ruchin Abbot of Abingdon and mentioned by Sir Edward Coke in his Report de Jure Regis Ecclesiastico seems to signifie a certain quantity of Land Hida vel Mansia Mat. Westm in Anno 857. And in a Charter of Edw. Conf. it is written Mansa v. Hist of Pauls fo 189. Mansura Masura Are used in Domesday and other ancient Records for Mansiones vel habitacula villicorum But in carta de Anno 1 Edw. 3. n. 3. we read de tribus mansuris terrae in Wigornia quaere Manslaughter Homicidium Is the unlawful killing a Man without prepensed malice as when two meet and upon some sudden occasion falling out the one kills the other It differs from Murder because it is not done with foregoing malice and from Chancemedley because it has a present intent to kill and this is Felony but admits Clergy for the first time Stamf. pl. Cor. lib. 1 ca. 9. and Britton ca. 9. It is confounded with Murder in the Stat. 28 Edw. 3. ca. 11. Mansus Anciently a Farm Seldens Hist of Tythes pa. 62. Haec Indentura testatur quod Reginaldus Grey Dominus de Hastings Weisford de Ruthin tradidit Iohanni Saunders Mansum Manerii de Bedworth c. dat 18 Hen. 6. Here Mansum Manerii is used for the Mannor House or Mannor-Place Mansum capitale dicitur de aedibus Domini Manerii quas aulam vulgo nuncupant Mansum or Mansus is sometimes confounded with Mesuagium Spelman Manubrium The handle or haft of a Sword or Dagger Iur. praesentant quod A. de C. Aurifaber 2 Iunii 2 Iac. apud S. praedict quoddam Manubrium pugionis ferreum Anglice dictum A Dagger hilt of Iron c. Apud Maidston Manucaptio Is a Writ that lies for a Man who taken on suspicion of Felony and offering sufficient Bayl for his appearance cannot be admitted thereto by the Sheriff or other having power to let to Mainprise Fitz. Nat. Br. fo 249. See Mainprise How diversly it is used see the Table of Reg. of Writs And Pryns Animadversions fo 268. Manuel Manuelis That whereof present profit may be made or that is employed or used by the hand Stamf. Praerog fol. 54. As such a thing in the Manuel occupation of one i. Actually used or employed by him Manumission Manumissio Is the freeing a Villain or Slave out of bondage The form of this in the time of the Conqueror Lamb. in his Archai fo 126. sets down in these words Si quis velit servum suum liberum facere tradat cum vicecomiti per manum dextram in pleno comitatu quietum illum clamare debet a jugo servitutis suae per manumissionem ostendat ei liberas portas vias tradat illi libera arma scilicet lanceam gladium deinde liber homo efficitur Some also were manumitted by Charter Vide Brooke tit Villenage fo 305. Another way of Manumitting was for the Lord to take the Bondman by the Head and say I will that this Man be Free and then shove him out of his hand There was also Manumission imply'd as when the Lord made an Obligation for payment of Money to the Bondman at a certain day or sued him where he might enter without Sute or the like See Neif EDWARDUS Dei Gratia Rex Angliae Franciae Dominus Hiberniae Omnibus ad quos praesentes Literae nostrae pervenerint Salutem Sciatis quod nos ex gratia nostra speciali ex mero motu nostro Manu misimus ab omni jugo servitutis liberamus Johannem Dedwiche de Orleton in Com. Heref. Husbandman William Dedwiche de eadem Husbandman Nativos nostros de Manerio sive Dominio nostro de Orleton praedict Cum omnibus bonis catallis suis tuta eorum sequela progenie de eorum corporibus procreatis sive procreandis Ita quod nec Nos nec heredes nec Successores nec Assignati nostri aliquod Iuris vel clamei ratione alicujus Villenagii in ejusdem Johanne Willielmo seu de eorum progenie procreatis sive procreandis seu de bonis Catallis suis exigere vel vendicare poterimus in futuro c. In cujus rei testimon has literas nostras sub sigillo nostro Comitis nostrae Marchiae fieri fecimus Patentes Dat. vicessimo die Mensis Aprilis anno regni nostri octavo Ex ipso autographo penes Johan Colman Gen. locus sigil i. Sigillum Edwardi quarti dei gra regis anglie francie diu hiberme conntatussin marchie Manupastus Saepe obvenit in forensi dialecto pro famulo serviente Domestico Spelman Erat culpabilis tanquam de Manupasto Manwood cap. 16. n. 6. i. He shall be culpable as of a thing done by one of his family Gloss in x. Scriptor Manutenentia Is a Writ used in case of Maintenance Reg. of Writs fol. 182. 189. See Maintenance Manworth Sax. Manwyrth The price or value of a Mans Life or Head every Man according to his degree being rated at a certain price according whereunto satisfaction was of old made to his Lord for the killing him Marches Marchia Are the Bounds and Limits between
Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law
Charter of Feossment if all the witnesses to the Deed be deed then Violent Presumption which stands for a proof is continual and quiet Possession Coke on Littl. lib. 1. ca. 1. sect 1. Praesumptio stat in dubio it is doubted of yet it is accounted Veritatis comes quatenus in contrarium nulla est probatio ut regula se habet Stabitur praesumptio donec probetar in contrarium Presumption was anciently taken for intrusion Assultus Roberia Sterbrech Praesumptio terrae vel pecunia Regis Thesaurus inventus c. LL. Hen. 1. cap. 11. De his quae sunt de Jure Regis Pretensed Right Jus Pretensum Is where one is in possession of Lands or Tenements and another who is out claims it and sues for it here the Pretensed Right or Title is to be in him who so does sue and claim Price See Value Pricked-bread Molendinario septem panes de Conventu septem panes de Pricked-bread Monast Angl. 1 Part. fol. 496. b. Quaere Pride-gabel In the Mannor of Rodeley in Com. Gloc. is paid to this day as a Rent to the Lord of the Mannor by certain Tenants in duty and acknowledgment to him for their liberty and priviledge of Fishing for Lamprays in Severn Prid for brevity being the later syllable of Lamprid as anciently they were called and Gavel a Rent or Tribute Taylors Hist of Gavelkind fol. 112. Primo Beneficio See Beneficio Primage Anno. 32 Hen. 8. ca. 14. Is a duty due to the Mariners and Sailers for the Loading of any Ship at the setting forth from any Haven which is in some places a penny in the pound in others six pence per Pack or Bale according to the Custom of the place Primier Seisin Prima Seisina i. The first Possession Was a Branch of the Kings Prerogative whereby he had the first possession of all Lands and Tenements holden of him in cheif whereof his Tenant died seised in Fee and consequently the Rents and Profits of them until the Heir if he were of age did his homage if under age until he were But all charges arising by Primier Seisins are taken away by the Stat. 12 Car. 2. cap. 24. Prince Princeps Is sometimes taken for the King himself but more properly for the Kings Eldest Son who is Prince of Wales as the Eldest Son to the French King is called Dauphine both being Princes by their Nativity Ferns Glory of Generosity pag. 138. Before Edward the Second was born at Carnarvan and was the first Prince of Wales the Kings Eldest Son was called Lord Prince Stamf. Praerog ca. 22. fol. 75. See 27 Hen. 8. ca. 26. And 28 Ejusdem ca. 3. Principal Principalium An Heir-lome Quod vide In Urchenfield Com. Heref. certain Principals as the best Beast best Bed best Table c. pass to the eldest Childe and are not subject to Partition Also the cheif person in some of the Inns of Chancery is called Principal of the House See Ancient Principality of Chester Anno 21 Rich. 2. ca. 9. See County Palatine and Cromp. Jurisd fol. 137. Prior perpetual or Dative and removeable Anno 9 Rich. 2. ca. 4. And 1 Edw. 4. ca. 1. Lord Prior of Saint Johns of Jerusalem Anno 26 Hen. 8. ca. 2. See Abbot Priors Aliens Priores Alieni Were certain Religious Men born in France and Normandy and Governors of Religious Houses erected for Outlandish Men here in England which were by Henry the Fifth thought no good Members for this Land and therefore suppressed whose Livings were afterwards by Henry the Sixth given to other Monasteries and Houses of Learning Stows Annals pag. 582. And 1 Hen. 5. ca. 7. but specially to the erecting of those two famous Colledges called The Kings Colledges of Cambridge and Eaton 2 Part Inst fo 584. Priority Prioritas Signifies an Antiquity of Tenure in comparison of another less ancient As To hold by Priority is to hold of a Lord more anciently than of another Old Nat. Br. fo 94. So to hold by Posteriority is used in Stamf. Praerog ca. 2. fol. 11. The Lord of the Priority shall have the custody of the Body c. Cromp. Juris fol. 120. See Posteriority Prisage Prisa Fr. Pris Is that Custom or Share that belongs to the King or Lord Admiral out of such Merchandises as are taken at Sea by way of lawful Prize which is usually a Tenth part 31 Eliz. ca. 5. Prisage of Wines Anno 1 Hen. 8. ca. 5. Is a word almost out of use now called Butlerage because the Kings cheif Butler receives it which is a Custom whereby the King challenges out of every Bark loaden with Wine containing Twenty Tuns or more two Tun of Wine the one before the other behinde the Mast at his price which is Twenty shillings for each Tun yet this varies according to the Custom of the place for at Boston every Bark laden with Ten Tuns of Wine or above pays Prisage See Butlerage and Calthrops Reports fol. 20. And 4 Part Inst fol. 30. MEmorandum quod Rex habet ex antiqua consuetudine de qualibet Nave Mercatoris Vini 6 Careat Applican infra aliquem portum Angliae de viginti doliis duo dolia de decem doliis unum de Prisa Regia pro quodam certo ab antiquo constitut solvend P. Rec. 20 R. 2. Prise Prisa From the Fr. Prendre i. Capere Signifies in our Statutes the things taken of the Kings Subjects by Purveyers Anno 13 Edw. 1. ca. 7. and 28 Ejusdem stat 3. ca. 2. It signifies also a Custom due to the King An. 25 Ejusdem ca. 5. Reg. of Writs fol. 117. b. In forancis paginis antiquis says the Learned Spelman Prisae plerumque intelliguntur de annonae reique frumentariae captionibus aliis etiam necessariis ad alenda instruendaque castrorum praefidia nec non regiam familiam minori quam justo pretio agricolis areptis c. In Rescripto quodam Anno 3 Edw. 1. Norf. ss Rogerus de Monte alto qui sororem haeredem Hugonis de Albeney c. desponsaverat clamat habere libertates has subscriptas viz. Castellum suum de Risinge cum Prisis 40 dierum c. Ubi clausulam cum Prisis 40 dierum intelligo de libertate capiendi victualia quae vocant ad sustentationem praesidiarii militis Castri sui ita quod pretium reddat infra 40 dies See the Stat. 12 Car. 2. ca. 24. Prisoner Fr. Prisonnier Signifies one that is restraiued of his liberty upon any Action Civil or Criminal or upon Commandment And a Man may be Prisoner upon Matter of Record or Matter of Fact Prisoner upon Matter of Record is he who being present in Court is by the Court committed to Prison onely upon an Arrest be it by the Sheriff Constable or other Stamf. Pl. Cor. lib. 1. ca. 32. fol. 34 35. Privation Privatio A bereaving or taking away Most commonly applied to a Bishop or Rector of a Church when by Death or
directly deny any thing that is alleaged by another or which he himself alleageth Protbonotary See Pronotary Prove See Profe Prover Probator Anno 28 Edw. 1. And 5 Hen. 4. cap. 2. See Approver And 3 Part Inst fol. 129. A Man became an Approver and appealed five and every of them joyned battle with him Et duellum percussum fuit cum omnibus Probator devicit omnes quinque in duello quorum quatuor suspendebantur quintus clamabat esse Clericum allocatur Probator pardonatur Mich. 39 Edw. 3. coram Rege Rot. 97. Suff. Province Provincia Was used among the Romans for a Countrey without the compass of Italy gained to their subjection by the Sword of which that part of France next the Alps was one and still retains the name But with us a Province is most usually taken for the Circuit of an Archbishops Jurisdiction as the Province of Canterbury and that of York Anno 32 Hen. 8. ca. 23. and 33 Ejusdem ca. 31. Yet it is often used in our Statutes for several parts of the Realm and sometimes for a County In Placito Agnetis quae fuit uxor Radulphi de Butiller versus Priorem de Repindon pro terra in Pykinton Prior dicit quod nulla villa est in Provincia illa quae sic vocatur Placit de Juratis Assisis apud Derby Pasch 53 Hen. 3. Rot. 2. Provincial Provincialis Is a cheif Governor of a Religious Order as of Friars c. Anno 4 Hen. 4. cap. 17. Provision Provisio Is used with us as it is in the Canon Law for the providing a Bishop or any other person with an Ecclefiastical living by the Pope before the Incumbent be dead It is also called Gratia expectativa or Mandatum de providendo The great abuse whereof through all Christendom heretofore you may read not onely in Duarenus de sacris Ecclesiae Ministeriis Beneficiis lib. 3. cap. 2. But also particularly in England mentioned in divers of our Statutes viz. 35 Edw. 3. cap. 22. stat 4. 5. commonly called the Stat. De Provisionibus 27 38 Ejusdem stat 2. Anno 2 Rich. 2. cap. 7. 3 Ejusdem cap. 3. 7 Ejusdem cap. 12. Anno 2 Hen. 4. cap. 3. 4. Anno 3 Hen. 5. cap. 4. See Praemunire Provisor Is generally taken for him that hath the care of providing things necessary a Purveyor but more especially in our Statutes it signifies one that sued to the Court of Rome for a Provision which Vide supra Old Nat. Br. fol. 143. who were prohibited by Proclamation 42 Hen. 3. Anno 1258. Holl. pag. 259. b. 18. Provisores dicuntur qui vel Episcopatum vel Ecclesiasticam aliam Dignitatem in Romana Curia sibi ambiebant de futuro quod ex gratia expectativa nuncuparunt quia usque dum vacaret expectandum esset Spel. Proviso Is a Condition inserted into any Deed upon the observance whereof the validity of the Deed depends it sometimes signifies a Covenant Cokes 2 Rep. Lord Cromwels Case It hath also another signification in matters Judicial as if the Plaintiff or Demandant be slow or desist in prosecuting an Action by not bringing it to a Tryal the Defendant or Tenant may take out the Venire Facias to the Sheriff which hath in it these words Proviso quod To this end that if the Plaintiff take out any Writ to that purpose the Sheriff shall Summon but one Jury upon them both In which case we call it bringing down the Record or going to Tryal by Proviso See Old Nat. Br. fol. 159. In Nisi Prius Provost-Marshal An Officer in the Kings Navy who hath charge of the Prisoners taken at Sea Anno 13 Car. 2. cap 9. art 30. And is sometimes used for a like purpose at Land or to seise or arrest any within the Jurisdiction of his place or office Proxege See Senege Quaere If it be not the payment of Proxies or Procurations Proxies Sir John Davies Rep. fol. 4. Are yearly payments made by Parish-Priests to their Bishop or Archdeacon Ratione Visitationis See Procurations and the Case Inter Regem Sir Ambros Forth 2 Jac. in the Exchequer Pryk Is a kinde of Service and Tenure Nich. Filius Haeres Nich. de Longforde Chivalier tenet quatuor Messuagia 40 Acras terrae decem Acras prati lx s. redditus cum pertinentiis in Kinwaldmersh de Rege in Capite per servitium inveniendi unum equum unum saccum unum Pryk in guerra Walliae quandocunque contigerit Regem ibi guerrare Mich. Fines 1 Rich. 2. Derb. fol. 204. Publick Faith Fides Publica Anno 17 Car. 1. cap. 18. Was a Rebellious Cheat to raise Money of the seduced People upon the Publick Faith of the Nation to make a wicked and causeless War against a most Religious and Gracious Soveraign which began in or about the year 1642. Pucellage Pucellagium Fr. Pucelage Virginity Maiden-head Quod tenuit eam dum idem B. abstulit Pucellagium suum vel quod concubuit cum ea Bracton lib. 3. tract 2. cap. 28. num 2 3 5. In an ancient MS. I finde it written Puellagium In placito pro Raptu sic continetur quod ipsam de Puellagio suo felonicè totaliter defloravit Inter Plac. Mich. 19 Edw. 3. London 159. Pudhepec Sax. Si Pudhepec i. nemoris caesio Paerco Regis vel Forestae fiat 30 manc emendetur nisi Propositio propensior amplius exigat LL. Hen. 1. cap. 38. But the Learned Spelman believes it to be false written for the Saxon Æ¿udhepec i. Wudhepec the W. in that Character being like the P. in ours PudÈeld Coke on Littl. fol. 233. The same with Woodgeld for it seems to be a mistake of the Saxon Æ¿udgeld Puisne Fr. Puisné Younger Puny born after See Mulier Pundbrech A Sax. Pund i. Parcus brech i. fractura Si Pundbrech i. Fractura Parci fiat in Curia Regis plena Wyta sit alibi quinque mancae LL. Hen 1. cap. 40. It is the illegal taking of Cattle out of the Pound either by breaking the Pound picking the Lock or otherwise Purchas Purchacia from the Fr. Pourchasser Is to buy Lands or Tenements with ones Money or otherwise gain it by ones industry contradistinguished from that which comes to one by descent from his Ancestors Gaufridus de Mandevilla Comes Essexiae fundator Canobii Sancti Jacobi Waldensis in Charta prima Contuli c. omnes Ecclesias inferius annotatas tam de Dominio meo quam de emptis Purchasiis c. Joinct-Purchas conjunctum perquisitum Reg. of Writs fol. 143. b. Is where two persons or more joyn in a Purchase of Lands Purfles of a Womans Gown from the Fr. Pourfiler Anno 33 Hen. 8. cap. 5. A sort of trimming for Womens Gowns then in use it was made of Tinsel or Gold-Thred or Lace and was also called Baudkin Work So Cam. tit Ireland speaks of a Mantle or Shag-rug with a deep
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
morum Was wont to be the name of the Regarders Office in ancient time Manwood Par. 1. pa. 195. See Regarder Uisne Vicinetum Signifies a Neighbour-place or a place near at hand Anno 16 Rich. 2. ca. 6. dicitur vicinetum in Jure nostro locus quem vicini habitant qui olim intelligebantur de eadem villa sive adjacentibus atque alias de eodem Hundredo vel proximit modo vero de eodem pago sive Comitatu 〈◊〉 hoc est compagenses Spelm. See Venew Uisu Franciplegii Is a Writ to exempt him from coming to the View of Frankpledge who is not resident within the Hundred For men are bound to this View by reason of their habitation and not of Lands held where they dwell not Reg. of Writs fo 175. Uitteller alias Uictualer Victualarius al. Vitellarius Is he that sells Victuals for whom there is a Writ in Fitz. Nat. Br. fol. 172. If they exercise their Trade bearing a Magistracy in any Town Corporate Uiva pecunia Anciently used for live Cattle See Pecunia Uiva voce See Deposition Uivary Vivarium Signifies a place on Land or Water where living things are kept In Law it most commonly signifies a Park Warren Fish-pond or Piscary Cokes second part Inst fol. 100. Haec est conventio inter Priorem Conventum Canonicorum de Rudham Rogerum de Glanvilla de Molendino stagno de Thorp sc quod Canonici reddent annuatim praefato Rogero 7 sol quemadmodum pater ejus Robertus de Glanvilla solebat habere tempore Michaelis Prioris si Rogerus de Glanvilla fuerit in Ructon vel uxor ejus ipse poterit piscari in Vivario absque Wasto cum Batello Canonicorum c. Anno 1171. 8 Maii. M. S. Penes Gul. Dugdale Arm. Ulnage See Alnage Uncore prists Is a Plea for the Defendant being sued for a debt due at a day past to save the forfeiture of his Bond saying he tendred the debt at the time and place and that there was none to receive it and that he is yet also ready to pay the same 7 Edw. 6. 83 Dyer See Unques prist Uncuth Sax. Unknown It is used in the ancient Saxon Laws for him that comes to an Inn guest-wise and lies there but one night in which case his Host was not bound to answer for any offence he committed whereof he was guiltless himself See Lamb. Archai fol. 133. num 7. Item secundum antiquam consuctudinem dici poterit de familia alicujus qui hospes fuerit cum alio per tres noctes quia prima nocte poterit dici Uncuth Secunda vero Gust tertia nocte Hoghenehine Bracton lib. 3. cap. 10. num 2. See Thirdnightawnhine Unde nihil habet Is a Writ See Dote unde nihil habet Under-chamberlain of the Exchequer Is an Officer there that cleaves the Tallies written by the Clerk of the Tallies and reads the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true he also makes searches for all Records in the Treasury and hath the custody of Domesday Book There are two Officers there of this name Under Sheriff Subvicecomes See Sheriff Under sitter Is an Inmate See Inmate Undertakers Were such as were employed by the Kings Purveyors as their Deputies Anno 2 3 Phil. Ma. cap. 6. And such as undertake any great work as draining of Fens c. Anno 43 Eliz. cap. 11. Under Treasurer of England Vicethesaurarius Angliae Anno 39 Eliz. cap. 7. This Officer is confounded in other Statutes with Treasurer of the Exchequer as in 35 Eliz. In the vacancy of the Lord Treasurers Office he does all things in the Receipt that the Lord Treasurer doth Anciently he did Chest up the Kings Treasure at the end of every Term and note the content of Money in each Chest and see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer c. Uniformity Uniformitas One form of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies in the Church of England prescribed by the Statutes 1 Eliz. cap. 2. And 14 Car. 2. cap. 4. Union unio Is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and Incumbent But there are two other sorts of it as when one Church is made subject to the other and when one Man is made Rector of both and when a Conventual is made Cathedral as you may read in the Gloss of the Chapter Licet de locato conducto in Lyndwoods Provincials Sect. Et quia In the first signification by the Statute 37 Hen. 8. cap. 21. It was made lawful to make an Union or Consolidation of two Churches in one whereof the value of the one is not above six pounds in the Kings Books of the First Fruits and not above one mile distant from the other And by another Statute 17 Car. 2. cap. 3. It shall be lawful for the Bishop of the Diocess Major Bailiff c. of any City or Corporate Town and the Patron or Patrons to unite two Churches or Chappels in any such City Town or the Liberties thereof provided such Union shall not be good if the Churches so united exceed the sum of One hundred pound per annum unless the Parishioners desire otherwise c. Unity of Possession Signifies a Joynt-possession of two Rights by several Titles As if I take a Lease of Land from one upon a certain Rent afterwards I buy the Fee-simple this is an Unity of Possession whereby the Lease is extinguished by reason that I who had before the occupation onely for my Rent am become Lord of the same and am to pay my Rent to none but my self University Universitas Is most usually taken for those two Bodies which are the Nurseries of Learning and Liberal Sciences in this Realm Oxford and Cambridge endowed with great favors and priviledges as appears not onely by Anno 2 3 Ph. Mar. cap. 15. 13 Eliz. cap. 21. 18 Ejusdem cap. 6. But much more by their several Charters granted by divers pious and munificent Kings of this Land Anno 14 Car. 2. cap. 4. Unlage Sax. Un-laga A wicked or unjust Law In which sence the word occurs in LL. Hen. 1. cap. 34. 84. Unlawful Assembly Illicita Congregatio Is the meeting of three or more persons together with force to commit some unlawful Act and abiding together though not endeavoring the execution of it as to assault or beat any person to enter into his House or Land c. West par 2. Symbol tit Indictments sect 65. Lambert in his Eiren. cap. 19. By the Statute of 16 Car. 2. cap. 4. And 22 Ejusdem cap. 1. If five persons or more shall be Assembled together above those of the Family at any Conventicle or Meeting under colour of any Exercise of Religion it is unlawful and punishable by Fines and otherwise as in
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
Tenement I do thereby foregoe or quit the Possession and if I condition with the Lessee that for non-payment of the Rent at the day it shall be lawful for me to re-enter this is as much as if I conditioned to take again the Land into my own hands and to recover the possession by my own fact without the assistance of Judge or Process Reer-County See Rier County Re-extent Is a second Extent made upon Lands or Tenements upon complaint made that the former Extent was partially executed Brook tit Extents fo 313. Regal fishes Anno 1 Eliz. ca. 5. Are Whales and Sturgeons some add Porpusses The King by His Prerogative ought to have every Whale cast on shore or Wrecked in all places within this Realm unless granted to Subjects by special words as a Royal-fish The King himself shall have the Head and Body to make Oyl and other things and the Queen the Tail to make Whalebones for her Royal Vestments Pat. 1 Edw. 1. m. 25. dorso See Tract de Auro Reginae pa. 127. Regalia Anno 13 Eliz. ca. 16. Dicuntur jura omnia ad fiscum spectantia The Rights of a King which the Civilians say are six 1. Power of Judicature 2. Power of Life and Death 3. All kind of Arming 4. Masterless Goods 5. Assessments 6. And the value of Money See Royalties Also the Crown Scepter with the Cross Scepter with the Dove St. Edwards Staff four several Swords the Globe the Orbe with the Cross and other such like used at the Coronation of our Kings are called Regalia See the Relation of the Coronation of King Charles the Second in Bakers Chron. Regalis Justicia Item praefati Barones sc Quinque Portuum habere debent ut asserunt per Chartam suam Regalem Justiciam in villa Gernemuth tempore Feriae una cum Balivo seu Praeposito villae praedictae viz. Cognitionem Assisae panis ulnarum ponderum alidrum mensurarum similiter voide Strand Denne secundum consuetudines suas usitataâ— c. Rot. Parl. 8 Ed. 2. Nu. 262. Regardant Villain regardant was called regardant to the Mannor because he had the charge to do all base villanous services within the same and to see the same freed of all filthy and loathsome things that might annoy it Coke on Litt. fo 120. This word is onely applyed to a Villain or Neif yet in old Books it was sometimes apply'd to Services ibid. Regard Regardum Rewardum from the Fr. Regard i. Aspectus respectus though it has a well-known general signification of any care or respect yet a special also wherein 't is used onely in matters of the Forest and there two wayes one for the Office of the Regarder the other for the compass of ground belonging to the Regarders charge Cromp. Jurisd fo 175. 199. Touching the former thus Manwood The Eyre general Sessions of the Forest or Justice seat is to be kept every third year and of necessity the Regarders of the Forest must first make their Regard which must be done by the Kings Writ And the Regarder is to go through the whole Forest and every Bailywic to see and enquire of the Trespasses therein ad videndum ad inquirendum ad imbreviandum ad certificandum c. Part 1. Pa. 194 198. Touching the second the compass of the Regarders charge is the whole Forest that is all that ground which is parcel of the Forest for there may be Woods within the limits of the Forest which are no part thereof and those are without the Regard Manwood Part 2. ca. 7. num 4. Anno 20 Car. 2. ca. 3. HEnricus Rex Anglorum omnibus Forestariis suis de Glocestershire salutem Sciatis me concessisse praesenti carta confirmasse Ecclesiae S. Jacobi de Bristowa in qua sepultus est Robertus Comes Glocestriae avunculus meus Monachis ibidem Deo servientibus pro salute mea pro anima ipsius Comitis quod terra ipsius Ecclesia Monachorum in ea Deo servientium de Cisseleia boscus ejusdem terrae sint quieta de Rewardo decimationis exigentia pro Essartis Et prohibeo ne inter Assarta amodo computetur Teste Roberto Episcopo Winton Regarder Regardator Fr. Regardeur i. Spectator Is an Officer of the Kings Forest who is sworn to make the Regard of it as has been used in ancient time and to view and enquire of all offences of the Forest as well of Vert as of Venison and of all concealments of any offences or defaults of the Foresters and all other Officers of the Kings Forest concerning the Execution of their Offices c. More particulars of the Regarders Office how he is chosen and the form of his Oath see in Manwood par 1. pag. 188. 195. 207. Cromp. Juris fol. 153. Regio Assensu Is a Writ whereby the King gives His Royal Assent to the Election of a Bishop or Abbot Reg. of Writs fol. 294. b. Registry Registrum from the old Fr. Gister i. In lecto reponere suo loco constituere Signifies the Office Books and Rolls wherein the proceedings of the Chancery or any Spiritual Court are recorded The Writer and Keeper whereof is called the Register in Latin Registrarius Register is also the name of a Book wherein are expressed most of the Forms of Writs used at the Common Law called the Register of the Chancery of which thus Spelman Codex dicitur quo Brevia Regia tam originalia quam judicialia formularum inscribuntur Hujus Codicis me minit Westm 2. cap. 24. 25. This Register is one of the most ancient Books of the Common Law according to Coke on Littl. fol. 159. Register of the Parish Church Registrum Ecclesiae Parochialis Is that wherein Baptisms Marriages and Burials are in each Parish overy year orderly Registred Which was laudably instituted by the Lord Cromwel in September Anno 1538. While he was Viccar-General to King Henry the Eight Regius Professor Anno 12 Car. 2. ca. 17. Henry the Eight founded Five Lectures in each University viz. Of Divinity Hebrew Greek Law and Physick the Readers of which Lectures are called in the University Statutes Regii Professores Regrator Regratarius Fr. Regrateur Did anciently signifie such as bought by great and sold by retail Anno 27 Edw. 3. stat 1. cap. 3. But now it signifies him that buys and sells any Wares or Victuals in the same Market or Fair or within four miles thereof Anno 5 Edw. 6. cap. 14. 13 Eliz. 25. In the Civil Law he is called Dardanarius a Dardano quodam hujus sceleris authore In ancient time both the Ingrosser and Regrator were comprehended under the word Forestaller 3 Inst 195. Rehabere facias seisinam quando Uicecomes liberabit seisinam de majore parte quam deberet Is a Writ Judicial Reg. of Writs Judic fol. 13. 51. There is another Writ of this Name and Nature fol. 54. Rehabilitation Anno 25 Hen. 8. cap. 21. Is one of those