scribit Suetonius cap. 42. Hodiè hic vsus in subalpina regione est frequens vt scribit Iacobinus de Sancto Georgio in tractu de homagiis col 8. Etiam pro filia quae religionem ingreditur non modò pro vna filia sed pluribus filiabus non tamen pro secundis nuptijs exigitur In which place the said author maketh mention of diuers other Civilians and feudists that record this custome to be in other places Of this aide our Fleta writeth thus sicutetiam quaedam consuerudines quaeservitia non dicuntur nec concomitantia seruitiorū ficut rationobilia auxilia ad filium primogenitum militem faciendum vel ad filiam primogenitā maritandam quae quidem auxilia sunt de gratia non de iure pro necessitate indigentia dominicapitalis Et non sunt praedialia sed personalia secundùm quod perpendi poterit in breui ad hoc prouiso c. This word ayde is also particularly vsed in matter of pleading for a petition made in court for the calling in of helpe from another that hath an interest in the cause in question and is likely both to giue strength to the party that prayeth in aide of him and also to auoide a preiudice growing toward his owne right except it be preuented For example when a tenent for terme of life by courtesie tenent in taile after possibility of issue extinct for tearme of yeares at will by elegit or tenent by statute merchant being impleaded touching his estate may petere auxilium that is pray in ayde of him in the reuersion that is desire or intreate the court that he may be called in by writ to alledge what he thinketh good for the maintenance both of his right and his owne Termes of the lawe Fitzh mentioneth both prier en ayde and prier ayde de patron c. auxilium petere à patrono nat br fol. 50. d. and the new booke of entries verbo Ayde de parcener auxilium de parcionario fol. 411. columna 4. This the later practitioners in the ciuill lawe call authoris laudationem vel nominationem Emericus in pract titulo 48. This ayde prier is also vsed sometime in the kings behoofe that there be no proceeding against him vntill the kings Councell be called and heard to say what they thinke good for the auoyding of the kings preiudice or losse touching the cause in hand For example if the kings tenent holding in chiefe be demaunded a rent of a common person he may pray in ayde of the king Also a citie or borough that hath a fee ferme of the king any thing being demaunded against them which belongeth the reunto may pray in ayde of the King c. Tearms of the law of this thing you may read the statute de big amis a. 4. Ed. 1. ca. 1. 2. 3. anno 14. Ed. 3. stat 1. ca. 14. The civile law in suites begunne betweene two alloweth a third to come in pro interesse and he that commeth in for his interrest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common lawyers call Receyte Looke Receyte Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grādfather or great grandfather called of our common lawyers besayle but in true French bisaieul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and dispossesseth the heire Fitzh nat br fo 221. Alderman aldermannus is borrowed from the saxon Ealderman signifying as much as Senator in latine Lamb. in his explica of Saxon words verbo senator See Roger Hoveden parte poster suorum annal fo 346. b. Aler sans iour is verbatim to goe without day the meaning whereof is to be finally dismissed the courte because there is no day of farder appearāce assigned Kitchin fo 140. Ale-tastor is an officer appointed in every court leete and sworne to looke to the assise and the goodnes of bread and ale or beere within the precincts of that Lordship Kitchin fo 46. where you may see the forme of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the propertie of any thing vnto another man To alien in mortmaine is to make over lands or tenements to a religious companie or other body politike Stawnf praero fo 48. looke Mortmayn To alien in fee isto sel the fee simple of any land or tenement or of any incorporeall right West 2. ca. 25. anno 13. Ed. 1. Alien alias alion alienigena commeth of the latine alienus and signifieth one borne in a straunge country It is ordinarily taken for the contrarie to Denizen or a naturall subiect that is one borne in a straunge country and neuer heere infranchised Broke Denizen 4. c. And in this case a man born out of the land so it be within the limits of the Kings obedience beyond the sease or of English parents out of the Kings obedience so the parents at the time of the birth be of the Kings allegiance is no alien in account but a subiect to the King Statute 2. a. 25. Ed. 3. ca. vnico commonly called the Statute De natis vltra mare Also if one borne out of the kings allegiance come and dwell in England his children if he beget any heere be not aliens but denizens Termes of the lawe See Denizen Allaye Allaia is vsed for the temper and mixture of siluer and gold anno 9. H. 5. Stat. 2. cap. 4. Stat. 1. eiusdem anni cap. 11. The reason of which allay is with a baser mettall to augment the waight of the siluer or gold so much as may counteruaile the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer vpō complaint of some accountant commaunding them to allow the accountant such sums as he hath by vertue of his office lawfully and reasonably expended Register orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is vsed for one that by his trade coloureth or painteth vpon paper or parchment And the reason is because he giueth grace light and ornament by his colours to the leters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine riuets be a certaine light kind of armor for the body of a man with sleeues of maile or plates of iron for the defence of his armes The former of which words seemeth to shewe the countrie where it was first invented the other whether it may come from the French verb revestir 〈◊〉 superinduere to put on vpon another garment I leaue to farther consideration Almner elecmosinarius is an officer of the
Evidentia is vsed in our lawe generally for any proofe be it testimonie of men or instrument Sir Thomas Smith vseth it in both sortes lib. 2. cap. 17. in these words Evidence in this signification is authenticall writings of contracts after the maner of England that is to say written sealed and deliuered And lib. 2. cap. 23. speaking of the prisoner that standeth at the barre to pleade for his life and of those that charge him with felonie he saith thus then he telleth what he can say after him likewise all those who were at the apprehension of the prisoner or who can giue any Indices or tokens which we call in our language Evidence against the malefactour Examiner in the Chauncerie or Starre-chamber examinator is an Officer in either Court that examineth the parties to any suite vpon their oathes or witnesses producted of either side whereof there be in the Chauncerie two Exception exceptio is a stoppe or stay to an action being vsed in the ciuill and common lawe both alike and in both diuided into dilatorie and peremptorie Of these see Bract. lib. 5. tract 5. per totum and Britton cap. 91. 92. Exchaunge excambium vel cambium hath a peculiar signification in our common lawe and is vsed for that compensation which the warrantor must make to the warrantee valewe for value if the land warranted be recouered from the warrantee Bracton lib. 2. cap. 16. li. 1. cap. 19. It signifieth also generally as much as Permutatio with the Civilians as the Kings Exchaunge anno 1. H. 6. cap. 1. 4. anno 9. Ed. 3. stat 2. cap. 7. which is nothing else but the place appointed by the king for the exchaunge of bullion be it gold or siluer or plate c. with the Kings coine These places haue bene diuers heretofore as appeareth by the saide statutes But now is there only one viz. the tower of London conjoyned with the mint Which in time past might not be as appeareth by anno 1. Henrici 6. ca. 4. Exchequer see Eschequer Excheatour see Escheatour Excommunication excommunicatio is thus defined by Panormitan Excommunicatio est nihil aliud quà m censura à Canone vel Iudice ecclesiastico prolata insticta privans legitima communione sacramentorum quandoque hominum And it is diuided in maiorem minorem Minor est per quam quis à Sacramentorum participatione conscientia vel sententia arcetur Maior est quae non solùm à Sacramentorum verùm etiam fidelium communione excludit ab omniactu legitimo separat di vidit Venatorius de sentent excom Excommunicato capiendo is a writ directed to the Shyreeue for the apprehension of him that standeth obstinately excommunicated for fortie dayes for such a one not seeking absolution hath or may haue his contempt certified or signified into the Chauncerie whence issueth this writ for the laying of him vp without baile or mainprise vntill he conforme himselfe See Fitz. nat br fol. 62. anno 5. Eliz cap. 23. and the Regist orig fol. 65. 67. 70. Excōmunicato deliberando is a writ to the vnder shyreeue for the deliuery of an excōmunicate person out of prison vpon certificate from the Ordinary of his conformitie to the iurisdiction ecclesiasticall See Fitzh nat br fol. 63. A. and the Register fol. 65. 67. Excommunicato recipiendo is a writ whereby persons excommunicate being for their obstinacie committed to prison and vnlawfully deliuered thence before they haue giuen caution to obey the authority of the church are commaunded to be sought for and laide vp againe Register orig fo 67. a. Executione facienda is a writ commaunding execution of a iudgement the diuers vses wherof see in the table of the register iudiciall verbo Executione facienda Executione facienda in Withernamium is a writ that lyeth for the taking of his catell that formerly hath conueyed out of the county the catell of another so that the bayliffe hauing authority from the shyreeue to repleuy the cattell so conueighed away could not execute his charge Register originall fol. 82. b. Execution Executio in the common law signifieth the last performance of an act as of a fine or of a iudgement And the execution of a fine is the obtaining of actuall possession of the things contained in the same by vertue thereof which is either by entry into the lands or by writ whereof see West at large parte 2. Symbol titulo Fines sect 136. 137. 138. Executing of iudgements and statutes and such like see in Fitzh nat br in Indice 2. Verbo Execution S. Ed. Coke vol 6. casu Blumfield fo 87. a. maketh two sorts of executions one finall another with a quousque tending to an end An execution finall is that which maketh mony of the defendants goods or extendeth his lands and deliuereth them to the plaintife For this the party accepteth in satisfaction and this is the end of the suite and all that the kings writ commaundeth to be done The other sort with a Quousque is tending to an end and not finall as in the case of capias ad satisfaciendum c. this is not finall but the body of the party is to be taken to the intent and purpose to satisfie the demaundant and his imprisonment is not absolute but vntill the defendant doe satisfie Idem ibidem Executour Executor is he that is appointed by any man in his last will and testament to haue the disposing of all his substance according to the content of the said will This Executor is either particular or vniuersall Particular as if this or that thing onely be committed to his charge Vniuersall if all And this is in the place of him whom the Ciuilians call haeredem and the law accounteth one person with the party whose executor he is as hauing all aduantage of action against all men that he had so likewise being subiect to euery mans action as farre as himselfe was This executor had his beginning in the ciuill lawe by the constitutions of the Emperours who first permitted those that thought good by their wils to bestowe any thing vpon good and godly vses to appoint whome they pleased to see the same performed and if they appointed none then they ordained that the bishop of the place should haue authoritie of course to effect it l. 28. C. de Episcopis clericis And from this in mine opinion time and experience hath wrought out the vse of these vniuersall executors as also brought the administration of their goods that die without will vnto the Bishop Exemplificatione is a writ granted for the exemplification of an originall see the Register original fol. 290. Ex gravi querela is a writ that lieth for him vnto whome any lands or tenements in fee within a city towne or borough being devisable are deuised by will and the heire of the deuisour entreth into them and detaineth them from him Register originall fol. 244. Old nat br fol. 87.
say what he can for the iustifiing of his right to this land before he so conveied it The third man commeth not wherevpon the land is recouered by him that brought the writ and the tenent of the land is left for his remedie to the third man that was called and came not in to defend the tenent And by this meanes the entayle which was made by the tenent or his auncester is cut of by iudgement herevpon giuen for that he is pretended to haue no power to entaile that land wherevnto he had no iust title as now it appeareth because it is evicted or recouered from him This kinde of recouery is by good opinion but a snare to deceiue the people Doctor Stud. ca. 32. dial pri fol. 56. a. This feigned Recouery is also called a common Recouery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordeined viz. to cut of the estates aboue specified See the new booke of Entries verbo Recouery I saide before that a true recouery is as well of the value as of the thing for the beter vnderstanding whereof know that In valew signifieth as much as Illud quod interest with the Ciuilians For example if a man buy land of an other with warranty which land a third person afterward by suite of lawe recouereth against me I haue my remedie against him that sould it me to recouer in value that is to recouer so much in mony as the land is worth or so much other land by way of exchaunge Fitzh nat br fol. 134. K. To recouer a warranty old nat br fol. 146. is to proue by iudgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of Right which is of so high a nature that whereas other writs in reall actions be onely to recouer the possession of the land or tenements in question which haue beene lost by our auncester or our selues this aimeth to recouer both the seisin which some of our Auncesters or wee had and also the propertie of the thing whereof our Auncester died not seised as of fee and whereby are pleaded and tried both the rights togither viz. as well of possession as property Insomuch as if a man once loose his cause vpon this writ either by Iudgement by Assise or batell he is without all remedie and shall be excluded per exceptionem Rei iudicatae Bracton lib. 5. tract 1. cap. 1. seqq where you may reade your fille of this writ It is diuided into two species Rectumpatens a writ of right patent and Rectum clausum a writ of right close This the Ciuilians call Iudicium petitorium The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements siewed for and not for any other And when it lieth for him that chalengeth fee simple or in what cases See Fitzh nat br fol. pri C. whome see also fol. 6. of a speciall writ of right in London otherwise called a writ of right according to the Custome of London This writ is also called Breue magnum de Recto Register originall fol. 9 A. B. and Fleta li. 5. cap. 32. § 1. A writ of right close is a writ directed to a Lord of auncient Demesn and lieth for those which hould their lands and tenements by charter in fee simple or in fee taile or for terme of life or in dower if they be eiected out of such lands c. or disseised In this case a man or his heire may siew out this writ of Right close directed to the L. of the Auncient Demesn commanding him to doe him right c. in his court This is also called a small writ of right Breve parvum Register originall fol. 9. a. b. and Britton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. seqq Yet note that the writ of right patent seemeth farder to be extended in vse then the originall inuention serued for a writ of Right of Dower which lieth for the tenent in Dower and onely for terme of life is patent as appeareth by Fitzh nat br fol. 7. E. The like may be said of diuers others that doe hereafter followe Of these see also the table of the originall Register verbo Recto This writ is properly tried in the Lords court betweene kindsmen that claime by one title from their Auncester But how it may be thence remoued and brought either to the Countie or to the kings court see Fleta lib. 6. cap. 3. 4. 5. Glanvile seemeth to make euery writ whereby a man sieweth for any thing due vnto him a writ of right lib. 10. ca. 1 lib. 11. cap. 1. lib. 12. cap. 1. Recto de dote is a writ of Right of Dower which lieth for a woman that hath receiued part of her Dower and purposeth to demaund the Remanent in the same towne against the heire or his Gardian if he be ward Of this see more in the old nat br fol. 5. and Fitzh fol. 7. E. and the Register originall fol. 3. and the newe booke of Entries verbo Droyt Recto de dote vnde nihil habet is a writ of right which lieth in case where the husband hauing diuers lands or tenements hath assured no dower to his wife and she thereby is driuen to siew for her thirds against the heire or his Gardian old nat by folio 6. Register originall fol. 170. Recto de rationabili parte is a writ that lieth alway beweene priuies of bloud as brothers in Gauel-kind or sisters or other Coparceners as Nephewes or Neeces and for land in Fee simple For example if a man lease his land for tearme of life and afterward dyeth leauing issue two daughters and after that the tenent for terme of life likewise dyeth the one sister entring vpon all the land and so deforcing the other the sister so deforced shall haue this writ to recouer her part Fitz. nat br fo 9. Register origin fol. 3. Recto quando Dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneurie of any Lord are in demaund by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time sauing to him another time the right of his Seigneurie then this writ issueth out for the other partie and hath this name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Bancke old nat br fol. 16. Regist orig fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advouzen and
pr. cap. 18. which reade See Fine Common plees communia placita is the kings Court now held in Westminster hall but in auncient time moueable as appeareth by the statute called Magna charta cap. 11. as also anno 2. Ed. 3. cap. 11. and Pupilla oculi parte 5. cap. 22. But M. Gwin in the Preface to his readings saith that vntill the time that Henry the third granted the great charter there were but two courts in all called the Kings courts whereof one was the Exchequer and the other the kings bench which was then called curia Domini regis and aula regia because it followed the court or king and that vpon the grant of that charter the court of common plees was erected and setled in one place certaine viz. at Westminster And because this court was setled at Westminster wheresoeuer the king lay thereupon M. Gwin vbi supra saith that after that all the writs ranne Quòd sit coram Iusticiariis meis apud Westmonasterium whereas before the partie was cōmanded by thē to appeare coram me vel Iusticiariis meis simply without addition of place as he well obserueth out of Glanvile and Bracton the one writing in Henry the seconds time before this court was erected the other in the later end of Henry the thirds time who erected this court All ciuill causes both reall and personall are or were in former times tryed in this court according to the strict lawe of the realme and by Fortescue cap. 50. it seemeth to haue bene the onely court for reall causes The chiefe Iudge thereof is called the Lord chiefe Iustice of the common plees accompanied with 3. or 4. assistants or associates which are created by leters patents from the king and as it were enstalled or placed vpon the bench by the Lord Chaunceler and lord chiefe Iustice of the court as appeareth by Fortescue cap. 51. who expresseth all the circumstances of this admission The rest of the officers belonging to this court are these the custos breuium three Protonotaries otherwise called Prenotaries Chirographer Filazers 14. Exigenters 4. Clerke of the warrants Clerke of the Iuries or iurata writs Clerke of the Treasurie Clerke of the kings siluer Clerke of the essoins Clerke of the outlawries Whose distinct functions looke in their places See Common bench Common day in plee of land an 13. R. 2. stat 1. cap. 17. signifieth an ordinarie day in the court as Octavis Michaelis quindena pascae c. as you may see in the statute made anno 51. H. 3. concerning generall dayes in the bench Common house of parlament is vsed for the nether house because the commōs of the realme that is the knights of the shires and burgeses possesse that house Crompton iurisd 9. Commotes seemeth to be compounded of the prepositiō con and mot i. dictio verbum and signifieth in Wales a part of a shire as a hundred anno 28. H. 8. ca. 3. It is written commoithes anno 4. H. 4. ca. 17. and is vsed for a gathering made vpon the people as it seemeth of this or that hundred by welsh minstrels Common law comunis lex hath three diuers significatiōs which see in the author of new termes of law verbo Common law Communi custodia is a writ that lyeth for that lord whose tenent houlding by knights seruice dyeth and leaueth his eldest sonne vnder age against a straunger that entreth the land and obtaineth the ward of the body It may seeme to take the name from the common custom or right in this case which is that the lord haue the wardship of his tenent vntill his full age or because it is common for the recouery both of land and tenent as appeareth by the forme thereof Old nat br fo 89. See also the Register orig fo 161. a. Communi placito non tenendo in scaccario is a writ directed to the treasurer and barons of the exchequer forbidding them to hould plee betweene two common persons in that court neither of them belonging toward the said court Register orig fo 187. b. Companion of the garter is one of the knights of that most noble and honourable order anno 24. H. 8. ca. 13. See Garter Compromis compromissum is a mutuall promise of two or more parties at difference to referre the ending of their controuersies to the arbitriment and equitie of one or more arbitratours West defineth is thus parte 2. Symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence betweene persons at controuersie giuen to arbitratours by the parties mutuall priuate consent without publique authority Computo is a writ so called of the effect because it compelleth a baylife chamberlaine or receiuer to yeld his accoumpt Old nat br fo 58. It is founded vpon the statut of Westm 2. ca. 2. anno 13. Ed. i. which for your beter vnderstanding you may read And it lyeth also for executours of executours anno 15. Ed. 3. statut de prouis victuall ca. 5. Thirdly against the garden in socage for waste made in the minority of the heire Marlb ca. 17. And see farder in what other cases it lyeth Register orig fo 135. old nat br vbi supra Fitzh nat br fo 116. Concealers be such as finde out concealed lands that is such lands as priuily are kept from the king by common persons hauing nothing to shew for them anno 39. Eliza. ca. 22. They be so called a concelando as mons a mouendo per antiphrasin Concord concordia is in the common law by a peculiar signification defined to be the very agreement betweene parties that intend the leuying of a fine of lands one to the other how and in what maner the land shall passe For in the forme thereof many things are to be considered West parte 2. Symbol titulo Fines and concords sect 30. whome read at large Concord is also an agreement made vpon any trespas cōmitted betweene two or more and is diuided into a concord executory and a concord executed See Plowden casu Reniger Fogassa fo 5. 6. where it appeareth by some opinion that the one bindeth not as being imperfect the other absolute and tyeth the parties and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and doe noe lesse binde then agreements executed fo 8. b. Concubinage concubinatus is an exception against her that sieweth for her dower whereby it is alleadged that shee was not a wife lawefully maried to the party in whose lands shee seeketh to be endowed but his concubine Britton ca. 107. Bract. li. 4. tract 6. ca. 8. Condition conditio is a rate maner or lawe annexed to mens acts staying or suspending the same and making them vncertaine whether they shall take effect or no West parte 1. symb li. 2. Sect. 156. In a lease there may be two sorts of conditions condition collaterall or condition annexed to
his lords court For the steward as he inrolleth and maketh remembrances of all other things done in the lords court so he doth also of such tenents as be admitted in the court to any parcell of land or tenement belonging to the maner and the transcript of this is called the court rowle the copie whereof the tenent taketh from him and keepeth as his onely euidence Coke li. 4. fo 25. b. This tenure is called a base tenure because it houldeth at the wil of the lord Kitchin fo 80. chap copihoulds Fitzh nat br fo 12. B. C. who there saieth that it was wont to be called tenure in villenage and that this copihould is but a new name Yet is it not simply at the will of the lord but according to the custome of the maner So that if a copiehoulder breake not the custome of the maner and thereby forfeit his tenure he seemeth not so much to stand at the lords courtesie for his right that he may be displaced hand ouer head at his pleasure These customes of maner be infinit varying in one point or other almost in euery seuerall maner First some copiehould is fineable and some certaine that which is fineable the lord rateth at what fine or incom he pleaseth when the tenent is admmitted vnto it that which is certaine is a kinde of inheritance and called in many places custumary because the tenent dying and the hould being void the next of the blood paying the custumarie fine as two shillngs for an acre or such like may not be denied his admission Secondly some copihoulders haue by custome the wood growing vpon their owne land which by law they could not haue Kitchin vbisupra Thirdly copi-holders some be such as hold by the verge in ancient demesn although they hold by copy yet are they in accompt a kind of Free-holders For if such a one commit felonie the king hath annum diem vastum as in case of Freehold Some other hold by common tenure called meere copy hold and they committing felonie their land escheateth to the Lord of the maner foorthwith Kitchin fol. 81. chap. Tenents per verge in auncient demesn What auncient demesn is see in the right place See Tenent by copie of court rolle This is the land that in the Saxons time was called Folk land Lamberd explicat of Saxon words verbo Terra ex scripto West parte prim symbol lib. 2. Sect. 646. defineth a copi-holder thus Tenent by copie of court rolle is he which is admitted tenent of any lands or tenements within a maner that time out of the memory of man by vse and custome of the said maner haue bene dimisable and dimised to such as will take the same in fee in fee-taile for life yeares or at will according to the custome of the said maner by copie of courtrolle of the same maner where you may read more of these things Coraage coraagium is a kinde of imposition extraordinarie growing vpon some vnusuall occasion and it seemeth to be of certaine measures of corne For corus tritici is a certaine measure of corne Bracton libro 2. ca. 16. nu 6. who in the same chapter nu 8. hath of this mater these words Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cùm necessitas interuenerit vel cùm rex venerit sicut sunt hidagia coraagia caruagia alia plura de necessitate ex consensu communitotius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentē suū acquietare nisi se adhoc specialiter obligauerit in charta sua c. Cordiner commeth of the French cordoüannier i. sutor calcearius a shoomaker and is so vsed in diuers statutes as anno 3. H. 8. ca. 10 anno 5. eiusdem ca. 7. and others Cornage cornagium commeth of the French cor i. cornu and in our common law signifieth a kinde of grand sergeantie the seruice of which tenure is to blow a horne when any invasion of the northern enemie is perceiued And by this many men hold their land northward about the wall commonly called the Picts walle Camd. Britan p. 609. hence commeth the word cornuare to blow a horn pupil oculi parte 5. ca. 22. in charta de Foresta This seruice seemeth to haue proceeded from the Romanes For I finde cornicularios mentioned in the ciuile lawe viz. li. 1. Cod. de officio diuerso Iud. 48. lege 3. lib. 12. titulo de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius libro 3. de verbo significat saith thus of them hi militum quoddam genus fuere qui corniculo merebant vnde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horne was an honour reward giuen for seruice in war Corner tile See Gutter tile Corodye corodium commeth of the Latine verb corrodo and signifieth in our common lawe a summe of mony or allowance of meate and drinke due to the king from an abbey or other house of religion whereof he is the founder toward the reasonable sustenāce of such a one of his seruants being put to his pension as he thinketh good to bestowe it on And the difference betweene a corodie and a pension seemeth to be that a corodie is allowed toward the maintenance of any the kings seruants that liueth in the abbey a pension is giuen to one of the kings chaplaines for his better maintenance in the kings seruice vntill he may be prouided of a benefice Of both these read Fitzh nat br fo 230. 231. 233. who there setteth downe all the corodies and pensions certaine that any abbey when they stoode was bound to performe vnto the king There is mention also of a corodie in Stawnf praerogatiue fo 44. And this seemeth to be awncient lawe For in Westm 2. ca. 25. it is ordeined that an assise shall lie for a corodie It is also apparent by the statute anno 34. 35. H. 8. ca. 16. that corodies belonged some time to Bishops from monasteries by the new termes of lawe that a corodie may be due to a common person by graunt from one to another or of common right to him that is founder of a religious house not holden in frank almoyn For that tenure was a discharge of all corodies in it selfe By which booke it appeareth also that a corodie is either certaine or vncertaine and that it may be for life yeares in taile or in fee. Corodio habendo is a writ whereby to exact a corodie of any abbey or religious house See Corodie See the Register originall fo 264. Coronatore eligendo is a writte which after the death or discharge of any coroner is directed to the shyreeue out of the Chācery to call togither the free
petitioners as in conscionable cases deale by supplication with his Maiestie This court as M. Gwin saith in the preface to his readings had beginning from commission first graunted by Henry the 8. to the masters of Requests whereas before that time by his opinion they had no warrant of ordinary iurisdiction but trauelled betweene the king and the petitioner by direction from the kings mouth But Sir Iulius Caesar in a Tractate of his painefully and very iudiciously gathered from the records of the same court plainely sheweth that this court was 9. Henrici septimi though then following the king and not setled in any certaine place neither swayed particularly by the Masters of requests as now it is but more at large by others of the kings most Honourable Councell whom he pleased to employ in this seruice For pag. 148. of the said Tractate you haue the forme of the oath then ministred to those that were Iudges in this court and à pag. prim vsque ad pag. 46. causes of diuers natures which in the said kings dayes were there handled and adiudged This court as that right Honorable and learned Knight in a briefe of his vpon the same court plainely proueth was and is parcell of the kings most Honorable Councell and so alwaies called and esteemed The Iudges thereof were alwaies of the kings most Honourable Councell appointed by the king to keepe his Councell board The keeping of this court was neuer tyed to any place certaine but onely where the Councell sate the suyters were to attend But now of late for the ease of suiters it hath bene kept in the White hall at Westminster and onely in the Tearme time It is a court of Record wherein recognizances are also taken by the kings Councell The forme of proceeding in this court was altogether according to the processe of summarie causes in the ciuile lawe The persons plaintiffes and defendants were alwaies either priviledged as officers of the court or their servants or as the kings seruants or as necessarie attendants of them or else where the plaintiffes pouertie or meane estate was not matchable with the wealth or greatnesse of the defendant or where the cause meerely contained mater of equitie and had no proper remedie at the common law or where it was specially recommended from the king to the examination of his Councell or concerned Vniuersities Colledges Hospitals and the like The causes wherwith they deale and wherof they iudge are of all sortes as maritime vltra marine ecclesiasticall temporall but properly temporall causes and onely of the other sort as they are mixt with temporal The maner of proceeding in the said court is first by privie seale leters missiue or Iniunction or messenger or bond Secondly by attachement Thirdly by proclamation of rebellion Fourthly by commission of rebellion fiftly by Sergeant at armes The effect of the defendants apparence is that he attend de die in diem on the councell till he haue made his answer to the plaintiffes bill and be licenced to depart vpon caution de iudicio sisti indicato solvendo and constitution of his Atturney and councell by name The authoritie of this court is such as vppon cause to graunt iniunctions for barring the defendant from syewing the plaintiffe at the common lawe and to stay the suyte at the common lawe before commencement and not to arrest the bodie of the plaintiffe till furder order be taken by the Kings councell and the execution of a decree in this court may be done either by imprisonment of the person disobeying being partie or claiming vnder the partie or by levie of the summe adiudged vppon his lands Courtesie of England lex Angliae commeth of the french Courtesie i. benignitas humanitas but with vs hath a proper signification being vsed for a tenure For if a man marie an inheretrice that is a woman seised of land in fee simple or fee taile generall or seised as heire of the taile speciall and getteth a childe of her that commeth aliue into the world though both it and his wife die forthwith yet if she were in possession shall he keepe the land during his life and is called tenent per legem Angliae or by the courtesie of England Glanvil li. 7. ca. 18. Bracton li. 5. tracta 5. ca. 30. nu 7. 8. 9. Britton ca. 51. fo 132. Fleta li. 6. ca. 56. § lex quaedam Fitzh nat br fo 149. D. Litleton li. 1. ca. 4. It is called the law of England Westm 2. ca. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is vsed in these two realmes onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiueth a man outlawed and cheriseth or hideth him In which case he was in auncient times subiect to the same punishment that the outlawe himselfe was Bracton li. 3. tracta 2. ca. 13. nu 2. It is compounded of couthe i. knowne acquainted familiar and vtlaughe an outlaw as we now call him Courtilage aliâs curtilage curtilagium aliâs curtilegium signifieth a garden a yard or a feeld or peece of voide ground lying ne ere and belonging to a mesuage West parte 2. Symbolaeo titulo fines sect 26. And so is it vsed anno 4. Ed. i. ca. vnico anno 35. H. 8. ca. 4. anno 39. Eliza ca. 2. and Coke vol. 6. fo 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non omnium patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionibus aliis emolumentis ad tale manerium pertimentibus prove satis colligitur in libro feudorum titulo de controuersia investiturae § si quis de manso Coll. 10. Vnde curtilegium dicitur locus adiunctus tali curti vbi leguntur herbae vel olera sic dictus a curtis lego legis pro collig ere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a yard or a garden adioyning to a house Creansour creditor commeth of the french croyance i. persuasio and signifieth him that trusteth another with any debt be it in mony or wares Old nat br fo 67. Cranage cranagium is a liberty to vsea crane for the drawing vp of wares from the vessels at any creek of the sea or wharfe vnto the land and to make profit of it It signifieth also the mony paide and taken for the same New booke of Entries 〈◊〉 3. col 3. Creeke creca crecca vel crecum seemeth to be a part of a hauen where any thing is landed or disburdened out of the sea So that when you are out of the mayne sea within the hauen looke how many landing places you haue so many creeks may be said to belong to that hauen See Cromptons iurisdictions fo 110. a. This word is mencioned in the statute as anno
i. sectura or tailler i. scindere secare And the reason is manifest because fee-tayle in the law is nothing but fee abridged scanted or curtelled as you would say or limited and tyed to certaine conditions Taille in Fraunce is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorū lib. 3. cap. Talea See Fee See Tayle Enterpleder Interplacitare is compounded of two french words entre i. inter and pleder i. disputare and it signifieth in our common law as much as cognitio praeiudicialis in the ciuile law that is the discussing of a point incidently falling out before the principall cause can take end For example two seuerall persons being found heires to land by two seuerall offices in one countie the king is brought in doubt to whether liuery ought to be made and therefore before liuery be made to either they must enterpleade that is formerly try betweene themselues who is the right heire Stawnf praeroga chap. 19. See more examples in Brooke titulo Enterpleder Entiere tenancie is contrary to seuerall Tenency signifiing a sole possession in one man wheras the other signifieth ioynt or common in more See Brooke seuerall tenancy See the new booke of Entries verbo Entier tenancy Entry Ingressus commeth of the french Entree i. introitus ingressus aditus and properly signifieth in our common lawe the taking possession of lands or tenements See Plowden Afsise of fresh force in London fo 93. b. It is also vsed for a writ of possession for the which See Ingressu And read West also parte 2. Symbol titulo Recoueries sect 2. 3. Who there sheweth for what things it lyeth and for what it lyeth not Of this Britton in his 114. chapter writeth to this effect The writs of entrie sauour much of the right of propertie As for example some be to recouer customes and seruices in the which are contained these twoe words solet debet as the writs Quo iure Rationabilibus diuisis rationabili estoverio with such like And in this plee of entrie there be three degrees The first is where a man demandeth landes or tenements of his owne seisin after the terme is expired The second is where one demaundeth lands or tenements let by another after the terme expired The third where one demaundeth lands or tenements of that tenent that had entry by one to whom some auncestor of the plaintife did let it for a term now expired According to which degrees the writs for more fit remedie are varied And there is yet a fourth forme which is without the degrees and in case of a more remote seisin whereunto the other three degrees do not extend The writ in the second degree is called a writ of entrie in le per and a writ in the third degree is called a writ of entrie in le per cui and the fourth forme without these degrees is called a writ of entry in le post that is to say after the disseisin which such a one made to such a one And if any writ of entry be conceiued out of the right case so that one forme be brought for another it is abatable The form of the first degree is such Praecipe Willielmo quod reddat Petro manerium de B. cum pertinentiis quod ille dimisit pro termino qui est elapsus The second is such Praecipe Petro quod reddat Willielmo manerium c. in quod ille non habuit ingressum nisi per patrem a 〈…〉 matrem avunculum vel amitam vel cognatum avum vel proavum dicti Petri qui dictum manerium danifit pro termino qui est elapsus The third forme is such Praecipe Iohanni quod reddat Petro manerium de S. in quod ille non habuit ingressum nisi per T. cui talis pater vel mater vel alius antecessor aut cognatus idem dimisit cuius haeres est ipse Petrus pro termino qui est elapsus And the forme without the degrees is such In quod non habuit ingressum nisi post lessam quam talis pater aut mater sic vt supra cuius haeres ille est inde fecit pro termino qui est elapsus And in those foure degrees be comprehended all maner writs of entry which be without certaintie and number Thus farre Britton by whome you may perceiue that those words solet debet and also those other words in le per in le per cut and in le post which we meete with many times in bookes shortly and obscurely mentioned do signifie nothing else but diuers formes of this writ applyed to the case whereupon it is brought and each forme taking his name from the said words contained in the writ And of this reade Fitz. in his nat br fol. 193. 194. This writ of entry differeth from an assise because it lyeth for the most part against him who entred lawfully but houldeth against lawe whereas an assise lyeth against him that vnlawfully disseised yet sometime a writ of entrie lyeth vpon an intrusion Regist orig fol. 233. b. See the new booke of Entries verbo Entre Brevis fol. 254. colum 3. I reade of a writ of entry in the nature of an assise Of this writ in all his degrees reade Fleta lib. 5. cap. 34. seqq 5. Entrusion Intrusio in our cōmon lawe signifieth a violent or vnlawfull entrance into lands or tenements being vtterly voide of a possessour by him that hath no right nor sparke of right vnto them Bracton lib. 4. cap. 2. For example if a man steppe in vpon any lands the owner whereof lately died and the right heire neither by himselfe nor others as yet hath taken possession of them What the difference is betweene Abator and Intrudor I do not well perceiue except an Abatour be he that steppeth into land voide by the death of a tenent in fee and an Entrudour that doth the like into lands c. voide by the death of the tenent for termes of life or yeares See Fitz. nat br fol. 203. F. The authour of the new Termes of law would haue abatement latined Interpositionem aut Introitionem per interpositionem and to be restrained to him that entreth before the heyre after the decease of a tenent for life though the new booke of Entries fol. 63. C. 205. D. 519. C. by his confession doth Latine Abatement by this word Intrusionem See Abatement See Disseisin See Britton cap. 65. Entrusion is also taken for the writ brought against an Intrudour which see in Fitzh nat br fol. 203. Entrusion de gard is a writ that lyeth where the Infant within age entred into his lands and houldeth his Lord out for in this case the Lord shall not haue the writ De communi custodia But this Old nat br fol. 90. Envre signifieth to take place or effect to be avaylable Example A Release shall envure by way of extinguishment Litleton cap Release And a release made
both in his commentaries and disputations And no man may graunt that our king or Crowne oweth fealty to any superior but God onely Yet it may be said that land c. with vs is termed fee in two respects one as it belongeth to vs and our heires for ever and so may the Crowne land be called Fee the other as it holdeth of another which is and must be farre from our Crowne Britton ca. 32. defineth fee to this effect Fee is a right consisting in the person of the true heire or of some other that by iust title hath purchased it Fleta saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis siue sit tenementum siue reditus qui non proveniunt ex camera alio modo dicitur feudum sicut eius quifeoffat quod quis tenet ab alio sicut dicitur talis tenet de tali tot feuda per servitium militare li. 5. ca. 5. § Feudum autem And all that write de feudis doe hold that Feudatarius hath not an entire propertie in his fee Nay it is held by right learned men that these fees were at the first invention or creation of them either all or some of them temporarie and not perpetuall and hereditarie Iacobutius de Franchis in praeludio fend ca. 2. nu 133. The diuisions of fee in diuers respects are many and those though little knowne to vs in England yet better worthie to known then we commonly thinke But for our present purpose it is sufficient to diuide Fee into two sorts Fee absolute otherwise called simple and Fee conditionall otherwise termed fee tayle Fee simple Feudum simplex is that whereof we are seised in these generall words to vs and our heires for ever Fee tayle Feudum talliatum is that whereof we are seized to vs and our heires with limitation that is the heires of our body c. And fee taile is either generall or speciall Generall is where land is giuen to a man and the heires of his body The reason whereof is giuen by Litleton ca. 2. li. 1. because a man seised of land by such a gift if he marie one or more wiues and haue no issue by them and at the length marie another by whome he hath issue this issue shall inherit the land Fee taile speciall is that where a man and his wife be seised of lands to them and the heires of their two bodies The reason is likewise giuen by Litleton in the same place because in this case the wife dying without issue and he marying another by whome he hath issue this issue cannot inherit the land being specially giuen to such heires c. this Fee taile hath the originall from the statute of Westm 2. cap. 1. which was made anno 13. Ed. 1. yet see Bracton li. 2. ca. 5. nu 3. hiis verbis Item quaedam absoluta larga quaedam stricta coarctata sicut certis haeredibus to whome adde Plowden casu Willion fo 235. a. b. seqq for before that statute all land giuen to a man and his heires either generall or speciall was accompted in the nature of fee and therefore held to be so firmely in him to whome it was giuen that any limitation notwithstanding he might alienate and fell it at his pleasure much like that which the Civilians call Nudum praeceptum binding rather by way of counsell and aduice then compulsion or restrainte And this thing seeming vnreasonable to the wisedome of our realme because so a man meaning well to this or that posterity of himselfe or his freinds might be forthwith deceiued of his intention the said statute was made for redresse of this inconvenience wereby it is ordained that if a man giue lands in fee limiting the heires to whome it shall descend with a reversion to himselfe or his heires for default c. that the forme and true meaning of his gift shal be obserued Wherefore in what conscience our lawyers haue invented meanes so easily to cut off this forme of gift it is to be considered He that hath fee then holdeth of another by some dutie or other which is called seruice and of this seruice and the diuersitie thereof See Chivalrie and Seruice He that will learne from what fountaine these feuds or fees did first spring let him read Antonius Contius his first chapter de methodo feudorum where he shal receiue great light for his guide into so obscure a dungeon See Liege This word Fee is sometime vsed with vs for the compas or circuit of a Lordship or maner Bracton lib. 2. cap. 5. in these words In eadem villa de eodem feodo Thirdly it is vsed for a perpetuall right incorporeall as to haue the keeping of prisons in fee. old nat br fol. 41. Foster in fee eod fol 6. Rent granted in fee. eod fo 8 Shyreeue in fee. ann 28. Ed pri stat 3. ca. 8. Lastly fee signifieth a reward or ordinarie dutie that a man hath giuen him for the execution of his office or the performance of his industrie in his art or science as the lawyer or the phisitian is said to haue his fee when he hath the consideration of his paines taken the one with his client the other with his patient Fee expectant is by the feudists termed feudum expectativum or expectatiua substantiuely vsed Mathaeus de Afflictis decis 292. nu 2. pag. 417. See expectant Fee fcrm feudi firma is a compound of Fee whereof see Fee and ferm i. coloma villa praedium rusticum of Ferme commeth Fermier du prince i. manceps redemptor publicorum vectigalium Publicanus Feeferm signifieth in our common lawe land held of another in fee that is in perpetuitie to himselfe and his heires for so much yearely rent as it is reasonably worth more or lesse so it be the fourth part of the worth old tenurcs See exposition of the statute of Glocester anno 6. Ed. pri without homage fealtie or other seruices other then be especially comprised in the feofment but by Fitzh it seemeth that the third part of the value may be appointed for the rent or the finding of a chaplaine to sing diuine seruice c. nat br fol. 210. C. And the nature of it is this that if the rent be behind and vnpaid for the space of two yeares then the feoffour or his heires haue action to recouer the lands as their demesnes Britton ca. 66. nu 4. but obserue out of West symbol parte 1. lib. 2. sect 463. that the feofment may containe seruices and suite of court as well as rent and the author of the new terms of law saith that Feeferm oweth fealtie though not expressed in the feofment for that fealtie belongeth to all kind of tenures This is neere the nature of that which among the Civilians is called ager vectigalis qui in perpetuum licetur i. hac lege vt quam diu pro eo
cap. 11. is the sorting or culling out the good from the bad As garbling of spice is nothing but to purifie it from the drosse and dust that is mixed with it It may seeme to proceed from the Italian garbo that is finenesse neatnesse Gard Custodia commeth of the French garde being all of one signification It signifieth in our common lawe a custodie or care of defence but hath diuers applications sometimes to those that attend vpon the safetie of the Prince called Yeomen of the Guard somtime to such as haue the education of children vnder age or of an Idiot sometime to a writte touching wardshippe Which writs are of three sorts one called a right of guard or ward in French droit de gard Fitzh nat br fol. 139. the second is eiectment de gard Idem fol. 139. L. the third is rauishment de gard Idem fol. 140. F. G. See Gardem see Ward Gardein Custos commeth of the French gardien and yet the German Warden is neare vnto it It signifieth generally him that hath the charge or custodie 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 themselues and their owne affaires as children and Idiots being indeede as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the gouernment of a youth vntill he come to 14. yeares of age and Curator he that hath the disposition and ordering of his substance afterward vntil he attaine to 25. yeares or that hath the charge of a franticke person during his lunacie the common Lawyers vse but onely Gardien or Gardian for both these And for the better vnderstanding of our English lawe in this thing you must know that as tutor is either testamentarius or à Praetore datus ex lege Atilia or lastly legitimus so we haue three sortes of Gardeines in England one ordained by the father in his last will another appointed by the Iudge afterward the third cast vpon the Minor by the lawe and custome of the land Touching the first a man hauing goods and chatels neuer so many may appoint a gardein to the bodie or person of his child by his last will and testament vntill he come to the age of fourteene yeares and so the disposing or ordering of his substance vntill what time he thinketh meet and that is most commonly to the age of 21. yeares The same may he do if he haue lands to neuer so great a valew so they hold not in capite of the king nor of any other Lord by knights seruice And in the former case if the father appoint no Gardein to his child the Ordinarie may appoint one to order his moueables and chatels vntill the age of 14. yeares at which time he may chuse his guardian accordingly as by the the ciuill lawe he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his lands if he hold any by copie of court rolle commonly the Lord of the fee appointeth him a guardian vntill he come to the age of 14. yeres and that is one next of kind to the Minor of that side that can hope for least profitby his death If he hold by charter in socage then the next of kind on that side by which the land commeth not is the guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octauo Edvardi primi statuto primo And the reason of this Fortescue giueth in his booke intituled A commendation of the politique lawes of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should haue the custody and education of the child that for desire of his land he might be entised to worke him some mischiefe Lastly if a man dye seised of lands holding by knights seruice leauing his heire in minoritie that is vnder 21. yeares the Lord of the fee hath by law the custodie both of the heire and his land vntill he come to age See the statute anno 28. Ed. prim statut prim And the reason of this Fortescue likewise giueth for that hee to whom by his tenure he oweth knights seruice when he can performe it is likeliest to traine him vp in martiall and ingenious discipline vntill he be of abilitie But Polidore Virgil in his Chronicle lib. 16. saith that this was Movum vectigalis genus excogitatum to helpe Henry the third being oppressed much with pouertie by reason he receiued the kingdome much wasted by the wars of his aun cestours and therefore needing extraordinarie helpe to vphold his estate yet the 33. chapter of the Grand Custumary maketh mention of this to haue bene vsed by the Normans and I thinke this the truer opinion Here it is to be obserued whether land in knights seruice hold in capite or of another Lord or some of the King and some of another If of the king whether of the king alone or not all is one For the king in this case is guardian to the heires both person and land by his prerogatiue Stawnf praerog cap. 1. If he hould of a common Lord it is either of one alone or more if of one onely then is he guardian of both person and lands if of more then the Lord of whome he houldeth by the elder tenure is guardian of the person and euery one of the rest hath the custodie of the land holden of him selfe If the prioritie of the tenure cannot be discerned then is he guardian of the person that first happeth him Termes of the lawe Stawnf vbi supra whom you may reade more at large which Author fol. 19. maketh mention of gardeyn in feit and Gardeyn in droit that is in deed and in lawe I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the land holdeth the second him that hath the right by his inheritance and seignorie old nat br fol. 94 Then is there gardein per cause de gard which is he that hath the wardship of a Minor because he is guardian of his Lord being likewise in minoritie Stawnf vbi supra fol. 15. Of this you may reade Skene de verb. signif verbo Varda by whom you may learn great affinitie and yet some difference betweene the lawe of Scotland and ours in this point Guardia is a word vsed among the Feudists for the Latine custodia and guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. tit 11. Gardeyn of the spiritualties Custos spiritualium vel spiritualitatis is he to whom the spirituall iurisdiction of any Diocesse is committed during the vacancy of the see anno 25. H. 8. cap. 21. And I take that the
register fol. 234. which lyeth where the tenent for terme of life or of anothers life tenent by curtesie or tenent in Dower maketh a feofment in fee dyeth he in the reuersion shall haue the foresaid writagainst whomsoeuer that is in the land after such feofment made Ingrossing of a fine is making the indentures by the chirographer and the deliuery of them to the party vnto whom the cognisance is made Fitzh nat br fol. 147. A. Ingrosser ingrossator commeth of the frence Grosseur i. crassiiudo or Grosier i. Solidarius venditor it signifieth in the common law one that buieth corne growing or dead victuall to sell againe except barly for mault oats for oatemeale or victuals to retaile badging by licence and buying of oiles spices and victualls other then fish or salte anno 5. Edward 6. cap 14. anno 5. Elizab cap 14. anno 13. Elizab. cap 25. these be M. Wests words parte 2. simbol titulo Inditements sect 64. howbeit this definition rather doth belong to vnlawfull ingrossing then to the word in generall see Forstaller Inheritance hareditas is a perpetuity in lands or tenements to a man and his heirs For Litleton cap i. lib i hath these words and it is to be vnderstand that this word inheritance is not onely vnderstand where a man hath inheritance of lands and tenements by discent of heritage but also euery fee simple or fee taile that a man hath by his purchase may be said inheritance for that that his heires may inherit him Seuerall inheritance is that which two or moe hould seuerally as if two men haue land giuen them to them and the heires of their two bodies these haue ioynt estate during their liues but their heires haue seuerall inheritance Kitchin fol 155. See the new terms of law verbo Enheritance Inhibition Inhibitio is a writt to inhibit or forbid a Iudge from farder proceding in the cause depēding before him See Fitzh nat br fol 39. where he putteth prohibition and inhibition together inhibition is most commonly a writ issuing out of a higher courte Christian to a lower and inferiour vpon an Appeale anno 24. H. 8. cap 12. and prohibition out of the kings courte to a court Christian or to an inferiour temporall court Iniunction iniunctio is an interlocutory decree out of the Chācerie sometimes to giue possession vnto the plaintife for want of apparence in the defendant sometime to the Kings ordinary court and somtime to the court Christian to stay proceeding in a cause vpon suggestion made that the regour of the law if it take place is against equitie and conscience in that Case see West parte 2. simb titulo Proceeding in Chauncery sect 25. Inlawgh Inlagatus vel homo sub lege signifieth him that is in some frank pledge of whome take Bractons words l. 3. tracta 2. cap. H. nu 5. Minor verò qui infra aetatem duodecim annorū fuerit vtlagari non potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlowghe anglicè sc in franco plegio siue decenna sicut masculus duodecim annorum vlteriūs c. Inlaughe significat hominem subiectum leg i Fleta li. i. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the kings protection and to the benifite or estate of a subiect Bracton lib. 3 tracta 2 cap. 14. nu 6. 7. 8. Britton cap 13. Inmates are those that be admitted to dwell for their mony iointly with another mā though in seuerall roomes of his mantiō house passing in and out by one doore and not being able to maintaine themselues which are inquiralle in a leete Kitchin fol 45 where you may reade him at large who be properly Inmates in intendment of law and whoe not Imprision anno 18 Ed 3 statu 4 cap. vnico seemeth to signifie so much as an attempt comming of the french empris which is all one with enterpris an enterprise Inquirendo is an authoritie giuen to a person or persons to inquire into some thing for the kings aduantage which in what cases it lieth see the Register originall fol. 72. 85. 124. 265. 266. 179. 267. Inquisition Inquisitio is a maner of proceeding in maters criminall by the office of the Iudge which Hostiensis defineth thus Inquisitio nihil aliud est quà m alicuius criminis manifesti ex bono aquo Iudicis compeientis canonicè facta investigatio ca. qualiter de accusatio In the Decretales this course we take here in England by the great Enquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with vs vsed for the King in temporall causes and profits in which kinde it is confounded with Office Stawnf praerog fo 51. See Office Inrolement Irrotulatio is the registring recording or entring of any lawful act in the rowles of the chauncerie as recognisance acknowledged or a statute or a fine leuied See West parte 2. symbol titulo Fines sect 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kinde of theeues in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that libertie did receiue in such booties of catell or other things as the out parters brought in vnto them See Out parters Interdiction Interdictio is vsed in the common lawe in the same signification that it hath in the canon lawe where it is thus defined interdictio est censura ecclesiastica prohibens administrationem diuinorum c. quod in te de paenitent remiss in the Decretals and thus is it vsed anno 24. H. 8. cap. 12. Interpleder See Enterpleder Intrusion Intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est vbi quis cui nullum ius competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem iacentem antequam adita fuerit ab harede vel saltem a domino capitals ratione custodiae vel ratione eschaeta si forte heredes non existant vel si post mortem alicuius per finem factum vel per modum donationis vbi successio sibi locum vendicare non possit vel si post mortem alicuius qui tenuit ad vitam debeat tenementum reverti ad proprietariū ponat quis se in seisinā antequā tenemētū illud veniat ad illū ad quem pertinere deberet ex praedictis causis with whome agreeth Fleta lib. 4. cap. 30. § 1. 2. See Britton cap. 65. to the same effect See the newe booke of Entries verbo Entrusion See Entrusion See disseisin the author of new Terms of lawe would haue intrusion especially after the tenent for life is deceased verbo Abatement and abatement in all other cases But I finde
facere Atturnatos generales f. 21. Literae procuratoriae fol. 205. 306. Literae Regia deprecatoriae pro annua pensione fol. 307. All these you may see in their places vnderstand the meaning of them as occasion shall require Liverie Liberatura is drawne from the French â—â—vree i. insigne gestamen Centuriale discrimen nota centurialis turmalis or els from livrer i. tradere and accordingly hath 3. significations In one it is vsed for a suite of cloth or other stuffe that a gentleman giueth in coates cloakes hats or gownes with cognisaunce or without to his seruants or followers anno 1. Rich. 2. cap. 7. anno 20. eiusdem cap. 1. 〈◊〉 anno 7. H. 4. ca. 14. anno 8. Ed. 4. ca. 2. anno 7. eiusdem ca. 14. anno 13. eiusdem ca. 3. a. 8. H. 6. ca. 4. anno 8. Ed. 4. ca. 3. anno 3. H. 7. ca. 1. 12. anno 11. eiusdem ca. 3. anno 19. eiusdem cap. 14. In the other signification it betokeneth a deliuery of possession vnto those tenents which hould of the king in capite or in knights seruice for the king by his prerogatiue hath primier seysini or the first possession of all lands and tenements so houlden of him anno 52. H. 3. cap. 16. an 17. Ed. 2. cap. 3. that is when any such tenent dyeth the king foorthwith entreth and holdeth it vntill the heire do his homage and so pray his land to be deliuered vnto him Which act in the king is called Liuerie and liuerie in this signification is either generall or speciall Stawn praerog fol. 12. cap. 3. Liuerie generall seemeth to be that which is made in general words and therefore may easily be missued Liuerie speciall is that which containeth in it a pardon of ouersights committed by the tenent in siewing out his liuerie by which pardon the missuing is dispensed with Stawnf pag. 67 cap. Trauers 20. See the Institutes and grounds of the common lawe cap. 30. of generall and speciall liueries Liuerie in the third signification is the writte which lyeth for the heire to obtaine the possession or seisin of his lands at the kings handes which see in Fitz. nat br fol. 155. Liuerie of seisin deliberatio seisinae is a deliuerie of possession of land or tenement or other things corporeall for of things incorporeall no liuerie of seisin may be vnto one that hath right or a probabilitie of right vnto them For as Bracton saith Traditio debet esse vestita non nuda sc quòd traditione praecedat vera causa vel putatiua qua transeat Dominicum lib. 2. cap. 18. num 3. West parte prim symbol li. 2. sect 196. calleth this a ceremonie in the common lawe vsed in the conueyance of lands or tenements c. where you may see the vsuall forme hereof particularly set downe whereunto ioyne the new exposition of law tearmes Lieutenent See Lieftenent Lieutenent of the tower seemeth to haue bene an officer vnder the Constable anno Henr. 4. cap. 15. Locus partitus signifieth a diuision made betweene 2. townes or counties to make triall in whether the land or place in question lieth Fleta lib. 4. cap. 15. num 1. Locall localis signifieth in our common lawe as much as tyed or annexed to a place certaine Example the thing is locall and annexed to the Free-hold Kitchin fol. 180. and againe in the same place An action of trespasse for battery c. is transitorie and not locall that is not needfull that the place of the batterie should bee set downe as materiall in the declaration or if it be set downe that the defendant should trauerse the place set downe by saying he did not commit the batterie in the place mentioned in the declaration and so auoide the action And againe fol. 230. the place is not locall that is not materiall to be set down in certaintie And the gard of the person and of the landes differeth in this because the person being transitorie the lord may haue his rauishment de garde before he be seised of him but not of the land because it is locall Perkins Graunts 30. Lobbe is a great kinde of north sea fish anno 31. Ed. 3. stat 3. cap. 2. Lodemanage is the hire of a Pilot for conducting of a ship from one place to another Loichfish as Lob. Ling. Cod. anno 31. Ed. 3. stat 3. cap. 2. Lode works is one of the works belonging to the Stannaries in Cornwall for the which reade M. Camdens Britan in his title of Cornwal pa. 119. See Streme work Lollards Lollards were in accompt and reputation of those times Heretiks that abounded heere in England in the daies of Edward the third and Henry the fifth anno 2. H. 5. cap. 7. whereof Weekleife was the cheife as Stowe saith in his Annalls pag. 425. who by his report went barefooted and baslely clothed to wit in base russet garments downe to the heeles they preached and especially against Monks and other religious men Of these reade more in him and others that writ of those times The name Lindwood deriueth a lolio quia sicut lolium inficit segetes sic Lollardi multociens inficiunt fideles simplices inter quos conuersantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his chronicle deduceth the name from one Gualter Lolhard a German as the first author of that sect liuing about the yeare of our redemption 1315. Lord Dominus by M. Camdens opinion is a contract of Lafford which is the Danish word for Dominus It is a word of honour with vs and is vsed diuersly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parlament Sometime to those that be so called by the courtesie of England as all the sonnes of a Duke or the eldest sonne of an Earle Sometime to men honorable by office as lord chiefe Iustice c. and sometime to a meane man that hath fee and so consequently the homage of tenents within his maner For by his tenents he is called Lord and by none other and in some places for distinction sake he is called Landlord It is vsed neuerthelesse by the Writers of the common lawe most vsually in this signification And so is it diuided into lord aboue and lord mesn lord mesn is he that is owner of a maner and by vertue thereof hath tenents holding of him in fee and by copy of court rolle and yet holdeth himselfe ouer of a superiour Lord who is called lord aboue or lord Paramount old nat br fol. 79. Although I thinke none simply to be accounted lord Paramount but the Prince because all hold either mediately or immediatly of him and he of none In this signification I likewise reade Very lord and Very tenent eod fol. 42. Broke titulo Heriot num 1. where I thinke very lord is he which is immediate Lord to his tenent and him
exception alledging that he was not tenent the day whereon the writ was purchased Non-tenure generall is then by likelyhood where one denyeth himselfe euer to haue bene tenent to the land in question Non sum informatus See Informatus non sum Non sane memorie Non sane memoriae is an exception taken to any act declared by the plaintife or demaundant to be done by another wherupon he groundeth his plaint or demaund And the contents of this exceptioÌ„ be that the party that did that act being himselfe or any other was not well in his wits or madde when he did it See the new booke of Entries titulo Non sane memory and Dum non fuit compos mentis See also supra Non compos mentis Non terme non terminus is the time of vacation between Terme and Terme It was wont to bee called the times or dayes of the kings peace Lamb. Archaiono fol 126. and what these were in the time of King Edward the Confessour see there This time was called Iusticium or Feriae among the Romanes or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotus iure dicendo vacabat Earum autem aliae solennes erant aliae repentinae Brisson de verb. signif lib. 6. vide Wesenbec paratit De Ferits num 6. Note of a fine nota finis is a briefe of a fine made by the Chirographer before it be engrossed The forme whereof see in West part 2. symbol titulo Fines sect 117. Novell assignement noua assignatio is an assignement of time or place or such like otherwise then as before it was assigned In Brocke you may find these wordes in effect titulo Deputie num 12. See novell assignement of trespasse in a new place after Barre pleaded Broke titulo Trespasse 122. and novel assignement in a writ de eâ—ectione custodiae titulo Eiectione custodiae num 7. See Assignement Nude mater See Mater Nunne Nonna is the French word nonnain or nonne something altered which signifieth a holy or consecrated virgin or a woman that hath by vowe bound her selfe to a single and chast life in some place and company of other women separated from the world and addicted to an especiall seruice of God by prayer fasting and such like holy exercises If we wold know whence this word came into Fraunce S. Hierome maketh it an Egyptian word as Hospinian recordeth of him in his booke De origine progressumonachatus fol. 3. Nuper obtit is a writ that lyeth for a coheire being deforced by her coheire of lands or tenements whereof the graundfather father vncle or brother to them both or any other their common auncesters dyed seised of an estate in fee simple See the forme of the writ origin Regist fol. 226. c. Fitz. nat br fol. 197. If the auncestour dyed seised in fee tayle then the coheire deforced shall haue a Formdon Idem ibid. Nusance nocumentum commeth of the French nuire i. nocere It signifieth in our common lawe not onely a thing done whereby another man is annoyed in his free lands or tenements but especially the Assise or writ lying for the same Fitz. nat br fol. 183. And this writ de Nocumento or of Nusance is either simply De nocumento or de paruo nocumento and then it is Vicountiel old nat br f. 108. 109. Fitzh nat br vbi supra fol. 184. Britton calleth it Nosance whome also reade ca. 61. 62. M. Manwood parte 2 of his forest lawes ca. 17. maketh three sorts of Nusance in the forest the first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale which reade with the rest of that whole chapter See the Register originall fol. 197. 199. Nutmegs nux myristica vel nux muscata is a spice well knowne to all It groweth of a tree like a peach tree and is inclosed in two huskes whereof the inner huske is that spice which we call mace Of this who will may reade more in Gerards herball lib. 3. ca. 145. It is mentioned among spices that are to be garbled anno 1. Iaco. ca. 19. O OBedientiae was a rent as appeareth by Roger Hoveden parte poster suorum annalium fol. 430. in these words vt ergo eis sc regularibus adimatur oportunitas evagandi prohibe 〈…〉 ne reditus quos obedientias vocant ad firmam teneant c. Obedientia in the canon lawe is vsed for an office or the administration of an office ca. cùm ad monasterium 6. extra de statu monacho cano regula And therevpon the word obedientiales is vsed in the provinciall constitutions for those which haue the execution of any office vnder their superiors cap. pri de statu regula For thus saith Lyndwood in his glosse vpon that word Hii sunt qui sub obedientia suorum praelatorum sunt habent certa officia administranda interiùs vel exterius It may be that some of these offices called obedientiâ— consisted in the collection of rents or pensions and that therefore those rents were by a metonymie called obedientiae quia colligebantur ab obedientialibus Oblations oblationes are thus defined in the canon lawe Oblationes dicuntur quaecunque a piâ—s fidelibusque Christianis offeruntur Deo ecclesiae siue res soli siue mobiles sint Nec refert an legentur testamento an aliter donentur cap. clerici 13. quaest 2. Reade more of these in Duarenus De sacr eccl minister ac benefi cap. tertio Obligation Obligatio and Bill be all one sauing that when it is in English it is commonly called a Bill and when it is in Latine an Obligation West parte 1. symbol lib. 2. sect 146. True it is that a Bill is obligatorie but we commonly call that an obligation which hath a condition annexed The former author in the same place saith thus farder An obligation is a deede whereby the obligour doth knowledge himselfe to owe vnto the Obligee a certaine summe of money or other thing In which besides the parties names are to be considered the thing due and the time place and maner of payment or deliuerie Obligations be either by mater in deede or of record An obligation by mater in deede is euery obligation not acknowledged made in some court of record Hitherto M. West Occupauit is a writ that lieth for him which is eiected out of his land or tenement in time of warre as a writ of Novel disseisin lieth for one eiected in time of peace Ingham § Bref de novel disseisin Octo tales See Tales See Brooke tit Octo tales Odio atia anno 3. Ed. 1. ca. 11 is a writ sent to the vndershyreeue to inquire whither a man being committed to prison vpon suspition of murder be committed vpon malice or euill will or vpon iust suspition Register originall fol. 133. b. See Bracton li. 3. parte 2. ca. 20. Office Officium doth signifie not onely that function by
the Parson of the Church dying a straunger presenteth his Clerke to the Church he not hauing moued his action of Quare impedit nor darrein presentment within sixe monethes but suffered the straunger to vsurpe vpon him And this writ he only may haue that claimeth the Aduowzen to himselfe and to his heires in fee. And as it lyeth for the whole aduowzen so it lyeth also for the halfe the third the fourth part old nat br fol. 24. Register originall fol. 29. Recto de custodia terrae haeredis is a writ that lyeth for him whose Tenent houlding of him in Chiualry dyeth in his nonage against a straunger that entreth vpon the land and taketh the body of the heire The forme and farder vse whereof see in Fitzh nat br fol. 139. and the register originall fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the kings court sc in the common plees doth avow vpon his tenent and the Tenent disclaimeth to hould of him vpon the disclaimer he shall haue this writ and if the Lord auerre and proue that the land is houlden of him he shall recouer the land for euer old nat br fo 150. which is grounded vpon the statute Westm 2. ca. 2. anno 13. Ed. pri which statute beginneth Quia Domini feudorum c. Rector is both Latine and English signifiing a Gouernour In the common law rector ecclesia parochialis is he that hath the charge or cure of a parish Church qui tantum ius in ecclesia parochiali habet quantum praelatus in ecclesia collegiata ca. vlt De locat Conduct in glos verbo Expelli potuissent In our common law I heare that it is lately ouer ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicarage endowed and he that hath a personage without a vicarage is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton vseth it otherwise lib 4. tracta 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios vt personae Where it is plaine that rector and persona be confounded Marke also these words there following Item dici possunt rectores Canonici de ecclesus praebendatis Item dici possunt rectores vel quasi Abbates Priores alii qui habent ecclesias ad proprios vsus Rectus in curia is he that standeth at the barre and hath no man to obiect any offence against him Smith de repub Angl li. 2. c. 3. see a. 6. R. 2. sta 1. c. 12. Reddendum is vsed many times substantiuely for the clause in a lease c. Whereby the rent is reserued to the leasour Coke lib. 2. Lord Cromwels case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adiudged to haue disseised the same man of his lands or tenements For the which there lyeth a speciall writ called a writ of redisseisin old nat br fol. 106. Fitzh nat br fol. 188. See the new booke of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin Reg. orig fo 206. 207. Reddicion is a iudiciall confession and acknowledgement that the land or thing in demauÌ„d belongeth to the demaundant or at the least not to himselfe a. 34. 35. H. 8. ca. 24. Perkins Dower 379. 380. Redubbours be those that buy cloth which they know to be stollen and turne it into some other forme or fashion Britton cap. 29. Cromptobs Vicount fol. 193. a. Reentry coÌ„meth of the French râ—â—trer i. rursus intrare and signifieth in our common law the resuming or taking againe of possession which we had â—â—â—st forgone For example if I make a lease of land or tenement I doe thereby forgoe the possession and if I doe condition with the Leassee that for non payment of the rent at the day it shal be lawfull for me to reenter this is as much as if I conditioned to take againe the lands c. into mine owne hands and to recouer the possession by mine owne fact without the assistance of Iudge or proces Reere countie See Rier Cowntye Re extent is a a second extent made vpon lands or tenements vpon complaint made that the former extent was partially performed Brooke titulo Extent fol. 313. Regard regardum is borowed of the French Regard or Regardure i. aspectus conspectus respectus and though it haue a generall signification of any care or diligence yet it hath also a speciall acceptance and therein is vsed onely in maters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging tothe Regarders office or charge Cromptons Iurisd fol. 175. 199. Touching the former thus saith M. Manwod parte pri of his Forest lawes pag. 198. The Eire generall sessions of the Forest or Iustices seat is to be houlden and kepte euery third yeare and of necessity before that any such sessions or Iustices seate can be houlden the Regarders of the Forest must make their Regard And this making of the Regard must be done by the kings writ And the Regard is as he afterward there saith to goe through the whole Forest and euery Bayliwicke of the same to see and enquire of the trespasses of the Forest which he compriseth in these 4. viz. ad videndendum ad inquirendum ad imbreviandum ad certificandum Of euery of which braunches you may reade there his exposition Touching the second signification the compas of the Regarders charge is the whole Forest that is all that ground which is parcell of the Forest For there may be woods within the limits of the Forest that be no parcell thereof and those be without the Regard as the same author plainely declareth parte pri pag. 194. and againe parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra Regardum or Rewardum Infra Forestam Regarder Regardator commeth of the French Regardeur i. spectator signifieth an officer of the Forest Cromptons Iurisdict fol. 153. where it is thus defined A Regarder is an officer of the Forest appointed to survew all other officers He saith there also that this officer was ordeined in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag. 188. thus defineth him A Regarder is an officer of the Kings Forest that is sworne to make the Regard of the Forest as the same hath been vsed to be made in auncient time And also to view and inquire of all offences of the Forest as well of vert as of venison and of all concealements of any offences or defaults of the Foresters and of all other officers of the Kings Forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings
bequeath any thing to the redeeming of captives c. and appoint one to execute his will in that point the partie soe appointed shall see it performed and if he appointe none to doe it then the Bishop of the citie shall haue power to demaund the legacie and without all delay performe the will of the deceased Admirall Admiralius cometh of the frenche amerall and signifieth both in France and with vs an high officer or magistrate that hath the gouernement of the Kings navie and the hearing and determining of all causes as well civile as criminall belōging to the sea Cromptons diuers iurisd fo 88. and the statutes anno 13. R. 2. ca. 5. anno 15. eiusdem ca. 3. an 2. H. 4. ca. 11. anno 2. H. 5. ca. 6. an 28. H. 8. ca. 15. with such like This officer is in all kingdomes of Europe that border vpon the sea and his authoritie in the kingdome of Naples is called magna Curia Admirariae quae habet iurisdictionem in eos qui vivunt ex arte maris Vincent de Franch descis 142. nu 1. This Magistrate among the Romanes was called praefectus classis as appeareth by Tully in Verrem 7. but his authoritie was not continuall as the Admirals is in these daies but onely in time of warre Neither doe I finde any such officer belonging to the Emperours in our Code And M. Guyn in the preface to his reading is of opinion that this office in England was not created vntill the daies of Edward the third His reason is probable Britton that wrote in Edw. the firsts time and in the beginning of his booke taking vpon him to name all the courts of Iustice maketh no mention of this courte or magistrate And againe Richard the second finding the Admirall to extend his iurisdiction over farre ordeined by statute made the 10. yeare of his reigne that the limits of the admirals iurisdiction should be restrained to the power he had in his grandfather Edward the thirds daies whereby the saide Master Gwin coniectureth that he did nought els but reduce him to his originall But contrarily to this it appeareth by auncient records the copies whereof I have seene that not onely in the daies of Ed. the first but also of King Iohn all causes of Merchants and mariuers and things happening within the fludde marke were ever tried before the Lord admirall Adiura Regis is a writ for the Kings Clerke against him that seeketh to eiect him to the preiudice of the Kings title in the right of his crowne Of this you may see diuers formes vpon divers cases Register orig fo 61. a. Admittendo clerico is a writte graunted to him that hath recouered his right of presentation a-against the Bishop in the common bank the forme whereof read in Fitzh nat br fo 38. the Register orig fo 33. a. Admittendo in socium is a writ for the association of certaine persons to Iustices of assises formerly appointed Register orig fol. 206. a. Ad quod damnum is a writ that lyeth to the escheater to inquire what hurt it will be to the King or other person to graunt a Faire or market or a mortmaine for any lands intended to be giuen in fee simple to any house of religion or other body politicke For in that case the land so giuē is said to fal into a dead hād that is such an estate and condition that the chiefe Lords do leese all hope of heriots seruice of court and escheates vpon any traiterous or felonious offence committed by the tenant For a bodie politicke dieth not neither can performe personall seruice or commit treason or felonie as a singular person may And therefore it is reasonable that before any such grant be made it should be knowne what preiudice it is like to worke to the graunter Of this reade more in Fitzh nat breu fol. 221. and look Mortmaine Ad terminum qui praeteriit is a writ of entrie that lyeth in case where a man hauing leased lands or tenements for terme of life or yeers and after the terme expired is held from them by the tenant or other stranger that occupieth the same and deforceth the leassour Which writ belongeth to the leassour and his heire also Fitzh nat br fol. 201. Aduent aduentus is a certaine space of time comprising a moneth or thereabout next before the feast of Christs natiuitie Wherein it seemeth that our ancestors reposed a kind of reuerence for the neerenesse of that solemne feast so that all contentions in lawe were then remitted for a season Whereupon there was a statute ordained Westm 1. cap. 48. anno 3. Ed. 1. that notwithstanding the said vsuall solemnitie and time of rest it might be lawfull in respect of iustice and charitie which ought at all times to be regarded to take assises of nouell disseisin mort d'auncester and darrein presentment in the time of Aduent Septuagesima and Lent This is also one of the times from the beginning whereof vnto the end of the Octaues of the Epiphany the solemnizing of mariage is forbidden by reason of a certain spiritualioy that the church so consequently euery member thereof for that time doth or ought to conceiue in the remembrance of her spouse Christ Iesus and so abandon all affections of the flesh See Rogation weeke and Septuagesima Advocatione decimarum is a writ that lyeth for the claime of the fourth part or vpward of the tythes that belong to any Church Register orig fol. 29. b. Advow aliâs avowe advocare commeth of the French advoüer aliâs avoüer and signifieth as much as to iustifie or maintaine an act formerly done For example one taketh a distresse for rent or other thing and he that is destreyned sueth a Replevin Now he that tooke the distresse or to whose vse the distresse was taken by another iustifying or maintaining the act is said to avowe Tearmes of the lawe Hereof commeth advowant Old nat br fol. 43. and advowrie eodem folio Bracton vseth the Latine word in the same signification as advocatio disseisiuae li. 4. cap. 26. And I find in Cassauaeus de consuet Burg. pa. 1210. advohare in the same signification and pag. 1213. the Substantine desavohamentum for a disavowing or refusall to avowe Advowzen advocatio signifieth in our common law a right to present to a benefice as much as ius patronatus in the canon lawe The reason why it is so tearmed proceedeth from this because they that originally obtained the right of presenting to any Church were maintainers and vpholders or great benefactors to that Church either by building or increasing it and are thereupon tearmed sometime patroni sometime Advocati cap. 4. cap. 23. de iure patronatus in Decretal And advowzen being a bastardly French word is vsed for the right of presenting as appeareth by the Statute of Westm the second anno 13. Ed. 1. ca. 5. Advowsen is of two sorts advowsen in grosse that is sole or
giuen to matrimonie Fourthly at 14. yeares she is enabled to receiue her land into her owne hands and shall be out of ward if she be of this age at the death of her ancestor Fiftly at sixteene yeares she shal be out of ward though at the death of her auncestor she was within the age of fourteen yeres The reason is because then she may take a husband able to performe Knights seruice Sixtly at 21. yeares she is able to alienate her lands and tenements Instit iure com cap. 24. Touching this mater take further these notes perspicuously gathered At the age of 14. yeares a striplin is enabled to chuse his owne guardian and to claime his land holden in socage Dyer fol. 162. which Bracton limiteth at fifteene yeares li. 2. cap. 37. num 2. with whom Glanvile also agreeth lib. 7. cap. 9. And at the age of fourteene yeares a man may consent to mariage as a woman at 12. Bracton vbi supra At the age of fifteene yeres a man ought to be sworne to keepe the kings peace anno 34. Edw. 1. Stat. 3. The age of 21. yeares compelleth a man to be knight that hath twentie pounds land per annum in fee or for tearme of life anno 1. Edw. 2. stat 1. and also enableth him to contract and to deale by himself in all lawfull causes appertaining vnto his estate Which vntill that time he cannot with the security of those that deale with him This the Lombords settle at 18. yeares as appeareth by Hotomans disputations in libros feudorum l. 2. c. 53. ver decimo octauo anno which power the Romans permitted not vsque ad plenam maturitatem and that they limited at 25. yeares lib. 1. in fine Î . de maior 25. an l. fin Co. de Legit tut in principio titulo de curat in Institut The age of twelue yeares bindeth to appearance before the Sheriffe and Coroner for enquirie after roberies an 52. H. 3. cap. 24. The age of 14. yeares enableth to enter an order of religion without consent of parents c. anno 4. H. 4. cap. 17. Age prier aetatem precari or aetatis precatio is a petition made in count by one in his minoritie hauing an actioÌ„ brought against him for lands coming to him by discent that the action may rest vntill he come to his full age which the Court in most cases ought to yeeld vnto This is otherwise in the ciuill lawe which inforceth children in their minoritie to answer by their tutors or curatours Î . de minor 25. an Agenhine See Haghenhine Agist agistare seemeth to come of the French gift 1. iacet hauing gasir in the Infinitiue moode whence commeth the nowne gisme a lying in child-bed or rather of gister i. stabulari a word proper to a Deare cùm sub mensem Maium è locis abditis in quibus delituit emigrans in loco delecto stabulari incipit vnde commoda propinqua sit pabulatio Budaeus in posteriori libro philologiae Where also he saith that giste est idem quod lustrum vel cubile Or it may be probably deduced from the Saxon word Gast 1. hospes It signifieth in our common lawe to take in and feede the â—â—tell of straungers in the kings forest and to gather the money due for the same to the kings vse Charta da Foresta an 9. H. 3. cap. 9. The Officers that do this are called agistors in English Guest-takers eodem cap. 8. Cromptons iurisdic fol. 146. These are made by the kings leters patents vnder the great seale of England of whom the King hath foure in number within euery forest where he hath any pawnage called agistors or Gist-takers And their office consisteth in these foure points in agist ando recipiendo imbreviando certificando Manwood parte prima Of Forest lawes p. 336. 337. whome you may reade more at large Their function is tearmed Agistment as agistment vpon the sea banks anno 6. H. 6. cap. 5. Agreement agreamentum i. aggregatio mentium is the assent or coÌ„cord of more to one thing this by the author of the newe tearmes of lawe is either executed or executory which you may read more at large in him exempified by cases Ayde auxilium is all one in signification with the French aide and differeth in nothing but the onely pronunacitioÌ„ if we take it as it is vsed in our vulgar language But in the common lawe it is applied to divers particular significations as sometime to a subsidie anno 14. Ed. 3. stat 2. ca. 1. sometime to a prestation due from tenents to their Lords as toward the releife due to the Lord Paramount Glanvile li. 9. cap. 8. or for the making of his sonne knight or the marying of his daugnter idem eodem This the King or other Lord by the auncient lawe of England might lay vpon their tenents for the knighting of his eldest sonne at the age of 15. yeares or the mariage of his daughter at the age of seuen yeares Regist orig fol. 87. a. and that at what rate them selues listed But the Statute Westmin 1. anno 3. Edw. 1. ordained a restraint for to large a demand made by common persons being Lords in this case and tyed them to a certaine rate And the Statute made anno 25. Ed. 3. stat 5. cap. 11. prouideth that the rate set downe by the former Statute should hold in the King as well as in other Lords Of this I find mention in the Statute an 27. H. 8. ca. 10. This imposition seemeth to haue descended to vs from Normandie for in the grand custumarie cap. 35. you haue a Tractate intituled des aides chevelz 1. de auxilys capitalibus whereof the first is a faire l'aynè filz de son seigneur chevalier i. ad filium primogenitum militem faciendum the second son ainee fille marier i. ad filiam primogenitam maritandam And the third a rechapter le corps de son seigneur de prison quand il est prius per la guerre an Duc. i. ad corpus dominisui de prisona redimendum cùm captus fuerit pro bello Ducis Normandiae Also I find in Cassanaeus de coÌ„suet Burg. Quòd dominus accipit à subditis pro dotanda filia pa. 122. which seemeth to be all one with this our imposition and also in Vincentius de Franchis descis 131. where he calleth it adiutorium pro maritanda filia Whence it appeareth that this custome is within the kingdome of Naples also Touching this likewise you may reade these words in Maenochius lib. 2. de arbitrat Iud. quast centuria 2. cap. 181. Habent saepissimè feudorum possessores Domini multa in carum ditionibus privilegia multasque cum locorum incolis connentiones inter quas illa vna solet nominari vt possit Dominus collectam illis indicere pro solutione dotium suarum filiarum cura matrimonio collocantur Hoc aliquando Romae observarum à Caligulafuisse in illius vita
kings house whose function is fragmenta diligenter colligere ea distribuere singulis diebus egenis agrotos leprosos incarceratos pauperesque viduas alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam alia ad eleemosynae largita recipere fideliter distribuere Debet etiam regem super eleemosynae largitione crebris summonitionibus stimulare praecipuè diebus Sanctorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel menestrallis sed and eleemosinae suae incrementum iubeat largiri Fleta lib. 2. cap. 2. Almoine eleemosina See Frank almoyne Almond amygdalum is well knowne to euery mans sight it is the kirnell of a nut or stone which the tree in Latine called amygdalus doth beare within a huske in maner of a wal nut of whose nature and diuersities you may reade Gerards Herball lib. 3. cap. 87. This is noted among merchandize that are to be garbled anno 1. Iaco. ca. 19. Alnegeor aliâs aulnegeor vlniger vel vlnator cometh from the French aulne an elle or elwand and signifieth an officer of the Kings who by himselfe or his deputie in places conuenient looketh to the assise of wollen cloth made through the land and to seals for that purpose ordained vnto them an 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for euery cloth so sealed in a fee or custome therunto belonging anno 17. R. 2. cap. 2. Reade of this more anno 27. Ed. 3 cap. 4. anno 17. R. 2. cap. 2. 5. anno 1. H. 4. cap. 13. anno 7. eiusdem cap. 10. anno 11 eiusd cap. 6. anno 13. eiusd cap. 4. anno 11. H. 6. cap. 9. anno 31. eiusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. eiusdem cap. 1. an 1. R. 3. cap. 8. Ambidexter is that iurour or embraceour that taketh of both parties for the giuing of his verdict He forfeiteth ten times so much as he taketh anno 38. Ed. 3. cap. 12. Cromptons iustice of peace fol. 156. b. Amendment emendatio commeth of the French amendement and signifieth in our common lawe a correction of an error committed in a processe and espyed before iudgment Terms of the lawe Broke titulo Amendement per totum But if the fault be found after iudgment giuen then is the party that wil redresse it driuen to his writ of errour Tearmes of the lawe Broke titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the King or other Lord in his court that is found to be in misericordia i. to haue offended and to stand at the mercie of the King or Lord. There seemeth to be a difference betweene amerciaments and fines Kitchin fol. 214. And I haue heard coÌ„mon Lawyers say that fines as they are taken for punishments be punishments certaine which grow expresly from some statute and that amerciaments be such as be arbitrably imposed by affeerors This is in some sort confirmed by Kitchin fol. 78. in these words l'amerciameÌ„t est affire per pares M. Manwood in his first part of Forest lawes pag. 166. seemeth to make another difference as if he would inferre an amerciameÌ„t to be a more easie or more mercifull penaltie and a fine more sharpe and grieuous Take his wordes If the pledges for such a trespasse saith he do appeare by common summons but not the defendant himselfe then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himselfe do appeare and be ready in Court before the Lord Iustice in eyre to receiue his iudgment and to pay his fine But if such pledges do make default in that ease the pledges shall be amerced but not fined c. The author of the new tearmes of lawe saith that amerciament is most properly a penalty assessed by the peeres or equals of the partie amercied for an offence done for the which he putteth himselfe vpon the mercie of the Lord. Who also maketh mentioÌ„ of an amerciament royal and defineth it to be a pecuniarie punishment laid vpon a Sheriffe Coroner or such like Officer of the kings amercied by Iustices for his offence See Misericordia Amoveas manum Looke ouster le râ—aiue An tour waste annus dies vastum Looke yeare day and waste Ancaling of tile anno 17. Ed. 4. ca 4. Annats Annates seemeth to be all one with first fruites anno 25. H. 8. ca. 20. looke First fruites The reason is because the rate of first fruites payed of spirituall liuings is after one yeares profite Of which Folydore Virgil de inueÌ„tione rerum lib. 8. cap. 2. saith thus Nullum inuentum mâ—iores Romano Pontifici cumulavit opes quà m annatum quas vocant vsus qui omnino multò antiquior est quà m receÌ„tiores quidam scriptores suspicantur Et annates more suo appellant primos fructus vnius anni sacerdatii vacantis aut danidiam eorum partem Sanè hoc vectigal iam pride cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet eum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re vt gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic vt Franciscus Zabarellus tradat post hac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse vt eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua nassa retinuit vt ne indidem exire possent lege caetera Anniented commeth of the French aneantir i. se abiicere atque prosternere It signifieth with ourlawyers as much as frustrated or brought to nothing Litletâ—n lib. 3. cap. warrantie Annua pensione is a writte wherby the king hauing due vnto him an annuall pension from any Abbot or Prior for any of his Chaplaines whom he shal think good to name vnto him being as yet vnprouided of sufficient liuing doth demaund the same of the said Abbot or Prior for one whose name is comprised in the same writ vntill c. and also willeth him for his Chaplaines better assurance to giue him his leters patents for the same Register orig fol. 265. 307. Fitzh nat br fol. 231. where you may see the names of al the Abbeyes and Priories bound vnto this in respect of their foundatioÌ„ or creation as also the forme of the leters patents vsually graunted vpon this writ Annuitie annuus reditus signifieth a yearely rent to be paide for tearme of life or yeres or in fee and is also vsed for the writ that lyeth against a man for
is vsed anno 20. Ed 1. anno 11. H. 6. cap. 2. in these words Iustices assigned to take assises And the Substantiue assignement hath the same signification Wests symb parte 1. lib. 2. sect 496. seq In which maner is also vsed the adiectiue assignee assignatus viz. for him that is appointed or deputed by another to do any act or performe any businesse or enioy any commoditie And an assignee may be either in deed or in law Assignee in deed is he that is appointed by a person an assignee in lawe is he whom the lawe so maketh without any appointment of the person v. Dyer fol. 6. num 5. Perkins in Grauntes saith that an assignee is he that occupieth a thing in his owne right and deputè he that doth it in the right of another Assise assisa commeth of the French assise which in the grand custumarie of Normandy cap. 24. is defined to this effect Assise is an assembly of Knights and other substantiall men with the Bailiffe or Iustice in a certain place and at a certaine time appointed And againe cap. 55. Assise is a court in the which whatsoeuer is done ought to haue perpetuall strength This Normane word assise commeth of the French asseoir â— collocare to settle or bestow in some place certaine as sâ—asseoir is to sit downe by another And metaphorically it is vsed of things incorporeall as asseoir son iugement sur quelque lieu is interponere iudicium suum Of this verbe commeth the participle assis as estre assis i. sedere And this Participle in the grand custumarie of Normandie cap. 68. is vsed as we would say appointed limited or determined viz. au iour qui est assis à faire la battaille se doibuent les champions offrir á la iustice that is at the day which is appointed for the combat the champions ought to offer themselues to the Iustice So that by all these places compared together it is euident whence the original of this word assise floweth How diuersly it is vsed in our common lawe it followeth that we declare First Litleton in the chapter Rents saith that it is aequivocum where he setteth downe three seuerall significations of it one as it is taken for a writ another as it is vsed for a Iurie the third as for an ordinance And him he that listeth may reade more at large My collections haue serued me thus first assise is taken for a writ directed to the Shyreeue for the recouerie of possession of things immoueable whereof your selfe or your auncestor haue bene disseised And this is as well of things corporall as incorporeall rights being of foure sorts as here they follow in their order Assise of novel disseisin assisa nova disseisina lyeth where a tenent in Fee-simple Fee-taile or for tearme of life is lately disseised of his lands or tenements or else of a rent seruice rent seck or rent charge of common of pasture of an office of tolle tronage passage pownage or for a nusance leuied and diuers other such like For confirmation whereof you may reade Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. per totum Britton cap. 70. seqq Register orig fol. 197. Fitz. nat br fol. 177. 178. 179. new booke of entries fol. 74. col 3. West 2. cap. 25. anno 13. Ed. 1. And to this may aptly be added the Bill of fresh force friscae fortiae which is directed to the officers or magistrates of Cities or Townes corporate being a kinde of assise for recovery of possession in such places within 40. daies after the force as the ordinarie assise is in the countie Fitzh nat br fo 7. c. This the Civilians call iudicium possessorium recuperandi Assise of mort d' auncester assisa mortis antecessoris lyeth where my father mother brother sister vncle aunte c. died seised of lands tenements rents c. that he had in see simple and after his death a straunger abateth an it is good as well against the abatour as any other in possession How likewise this is extended see Bracton li. 4. tract 3. per totum Britton ca. 70. cum multis sequent Fitzh nat br fo 114. Register orig fo 223. This the Civilians call Iudicium possessorium adipiscendi Assise of darrein presentment assisa vltima praesentationis lieth where I or mine auncestor haue presented a Clerke to a Church and after the Church being voide by the death of the said Clerke or otherwise a strauÌ„ger presenteth his Clerke to the same Church in disturbance of me And how otherwise this writ is vsed See Bracton li. 4. tract 2. Register orig fo 30. Fitzh nat br fo 195. Assise de vtrum assisa vtrum lieth either for a parson against a lay man or a lay man against a parson for land or tenement doubtfull whether it be lay see or free almes And of this see Bracton li. 4. tract 5. cap. 1. seqq Brit. ca. 95. The reason why these writs be called assises may be diuers First because they settle the possession and so an outward right in him that obteineth by them Secondly they were originally spedde and executed at a certaine time and place formerly appointed For by the Norman law the time and place must be knowne 40. daies before the Iustices sate of them and by our lawe there must be likewise 15. daies of preparation except they be tried in those standing courts of the king in Westminster as appeareth by Fitzh nat br fo 177. D. E. Lastly they may be called assises because they are tried most commonly by especial courts set appointed for the purpose as may be well proved not onely out of the custumarie of Normandie but our bookes also which shew that in auncient times Iustices were apointed by especiall commission to dispatch controversies of possession one or more in this or that onely countie as accasion fell out or disseisins were offered that as well in terme time as out of terme whereas of later daies wee see that all these commissions of asseses of eyre of oyer terminer of gaol deliuerie and of nisi prius are dispatched all at one time by two severall circuits in the yeare out of terme and by such as haue the greatest sway of Iustice being al of them either the Kings ordinarie Iustices of his benches Sergeants at the lawe or such like Assise in the second signification according to Litleton is vsed for a Iurie For to vse his owne example it is set downe in the beginning of the record of an assise of novel disseisin Assissa venit recognitura which is as much to say as Iuratores veniunt recognituri The reason why the Iurie is called an assise he giueth to be this because by the writte of assise the Shyreeue is commaunded quòd faciat duodecim liberos legales homines de viceneto c. videre tenementum illud nomina eorum imbreviari quod summoneat eos per bonas
Which maketh me to thinke that it rather coÌ„meth from attaindre as we would say in english catched ouertaken or playnly deprehended And Britton ca. 75. vseth the participle attaint in the sence that we say attained vnto A man is attainted by two meanes by appearance or by proces Stawnf pl. cor fo 44. Attaynder by by apparence is by confession by battelll or by verdict idem fo 122. Confession whereof attaynt groweth is double one at the barre before the iudges when the prisoner vpon his endictment read being asked guilty or not guilty answeareth guilty neuer putting himselfe vpon the verdict of the Iurie the other is before the coroner in sanctuarie where he vpon his confession was in former times constreyned to abiure the Realme which kinde also of the effect is called attaynder by abiuration Idem fo 182. Attaynder by battel is when the party appealed by another and chusing to trie the the truth by combat rather then by Iurie is vanquished Idem fo 44. Attaynder by verdict is when the prisoner at the barre answering to the endictment not guilty hath an enquest 〈◊〉 life and death passing vpon him and is by their verdict or doomâ— pronounced guiltie Idem fo 108. 192. Attainder by processe otherwise called attainder by default or attainder by outlagarie is where a partie flieth and is not found vntill he haue bene fiue times called publikely in the countie and at the last out-lawed vpon his default Idem fol. 44. I find by the same author fol. 108. that he maketh a difference between attainder and conuiction in these words And note the diuersitie betweene attainder and conuiction c. And with this agreeth the Statute anno 34. 35. H. 8. cap. 14. in ipso principio and anno 1. Ed. 6. cap. 12. in these words that then euery such offender being duly thereof convicted or attainted by the lawes of this realme c. And againe in these words Euery woman that is or shall fortune to be wife of the person so attainted convicted or outlawed c. To this you may likewise adde the flat anno 2. 3. Edw. 6. cap. 33. And I find by Stawnf pl. cor fol. 66. that a man by our ancient lawes was said to be conuicted presently vpon the verdict guiltie but not to be attainted vntill it appeared that he was no clerke or being a clerke and demanded of his ordinarie could not purge himselfe So that a man was not attainted vpon conuiction except he were no Clerke and in one word it appeareth that attainder is larger then conuiction conuiction being onely by the Iurie And attainder is not before iudgement Perkins Graunti num 27. 29. Yet it appeareth by Stawnf fol. 9. that conuiction is called attainder sometime For there he saith that the verdict of the Iurie doth either acquit or attaint a man and so it is Westm pr. cap. 14. anno 3. Ed. 1. This auncient lawe touching the conuiction and purgation of Clerkes is altered by anno 23. Eliz. cap. 2. as you may farder reade in Clergie Attainder Attinctus though it be most vsed in matters of felonie and treason yet is it likewise applied to inferior transgressions as to disseisin Westm 1. cap. 36. anno 3. Ed. 1. and Britton cap. 26. See Attaint and Attainted Attendant attendens coÌ„meth of the French attendre i. demorari opperiri expectare praestolari it signifieth in our common law one that oweth a dutie or seruice to another or after a sort dependeth of another For example there is Lord mesn and tenent the tenent holdeth of the mesn by a peny the mesn holdeth ouer by two pence The meane releaseth to the tenent all the right he hath in the land and the tenent dyeth His wife shall be endowed of the land and she shall be attendent to the heire of the third part of the peny and not of the third part of the two pence For she shall be endowed of the best possession of her husband Another hath Kitchin fol. 209. in these words where the wife is endowed by the gardian she shal be attendant to the gardian and to the heire at his full age with whome agreeth Perkins also in Dower 424. Atturney atturnatus coÌ„meth of the French tourner i. vertere as tourner son esprit à faire quelque chose i. animum ad rem aliquam inclinare Thence commeth the participle tournè i. versus conversus and the Substantiue tour i. vices vicissitudo as chacun à son tour i. quilibet sua vice It signifieth in our common lawe one appointed by another man to do any thing in his steade as much as procurator or fyndicus in the ciuill lawe West parte 1. Symbolayogr lib. 2. sect 559. defineth it thus Atturneys be such persons as by the consent commandement or request do take heed fee to and take vpon them the charge of other mens busines in their absence by whome they are commaunded or requested And where it seemeth that in auncient time those of authoritie in Courts had it in their arbitriment whether they would suffer men to appeare or sue by any other then themselues as is euident by Fitz. nat br fol. 25. in the writ Dedimus potest atem de atturnato facundo where it is shewed that men were driuen to procure the kings writs or letters parents to appoint Atturneys for them it is sithence prouided by Statutes that it should be lawfull so to do without any such circuit as by the Statute anno 20. H. 3. cap. 10. anno 6. Ed. 1. cap. 8. anno 27. eiusdem stat 2. an 12. Ed. 2. 1. anno 15. eiusdem cap. vnico anno 7. Ric. 2. cap. 14. anno 7. H. 4. cap. 13. anno 3. H. 5. cap. 2. anno 15. H. 6. cap. 7. anno 17. H. 7. cap. 2. is to be proued And you may see great diuersitie of writs in the table of the Regi origin wherein the king by his writ commaundeth the Iudges to admit of Atturneys Wherby there grew at the last so many vnskilfull Atturneys and so many mischiefes by them that prouision for restraining them was requisite Wherefore anno 4. H. 4. cap. 18. it was ordained that the Iustices should examine them and displace the vnskilfull And againe anno 33. H. 6. cap. 7. that there should be but a certaine number of them in Northfo 〈…〉 and Southfolke In what cases a man at this day may haue an Atturney and in what not see Fâ—â— vbisupra Atturney is either generall or speciall Atturney generall is he that by generall authoritie is appointed to all our affaires or suites as the Atturney generall of the king pl. cor fol. 152. which is as much as Procurater Caesaris was in the Romane Empire Atturney general of the Duke Cromptons Iurisd fol. 105. Atturney speciall or particular is he that is employed in one or more causes particularly specified Atturneys generall be made after two sorts either by the kings leters patents before him or
the king as of the person of the king and yet houldeth not in caepite but as he held before So that by this booke tenuere houlding of the person of the king and tenure in capite are two diuers tenures To take away this difficulty I thinke M. Kitchin is in that place to be taken as if he saide not in capite by Knights seruice but by socage folowing the vsuall speech because most commonly where we talke of tenure in capite we meane tenure by Knights seruice Carno Cromptons iurisd fol. 191. is an imunity Carke seemeth to be a quantititie of wolle whereof thirtie make a Sarpler anno 27. H. 6. ca. 2. See Sarpler Carrack aliàs Carrick seemeth to be a shippe of burden so called of this Italian carrico or carco a burden or charge or of the spanish cargo you haue this word anno 2. R. 2. ca. 4. anno 1. Iaco. ca. 33. Carroway seedes aliàs Carruway seedes semen cari vel carei is a seed springing of the herbe so called of whose operation you may read in Gerards herball li. 2. ca. 396. It is reckoned among the merchandize that ought to be garbled anno i. Iaco. ca. 19. Carue of land carucata terrae commeth of the French charue i. aratrum and with vs is a certaine quantitie of land by the which the subiects haue some time bene taxed wherevpon the tribute soe leuied is called Carvage Caruagium Bracton li. 2. ca. 16. nu 8. It is all one with that which the same author lib. 2. ca. 17. calleth carucatam terrae For Litleton ca Tenure in socage saith that haec soca socae idem est quod caruca sc one sok or one plow land Yet one place I finde in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time king Henry tooke carvage that is to say two merks of siluer of euery knights fee toward the mariage of his sister Izabell to the Emperor where caryage cannot be taken for a plow land except there were some other farder division whereby to raise of euery plowe land so much and so consequently of euery Knights fee that is of euery 680. acres two merkes of siluer Rastall in his Exposition of words saith that caruage is to be quite if the lord the King shall taxe all the land by carues that is a priuiledge whereby a man is exempted frō carvage Skene de verb. signif ver Carucata terrae deriueth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a yere and day with one plough which also is called hilda or hida terrae a word vsed in the old Britaine lawes M. Lamberd among his precedents in the end of his Eirenarcha translateth carucatū terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certaine blacke round and long cods wherein is contained a pulpe soft pleasantly sweet seruing for many vses in Phisick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruite is mentioned in the statute anno 1. Iacob cap. 19. among drugges and spices that be to be garbled Cassia lignea is a sweet wood not vnlike to Cynamom and sometime vsed in steede of Cynamom Whereof you may read in Gerards Herball lib 1. ca. 141. This is called Cassia lignum in the Statute anno 1. Iacob cap. 19 and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captaine sometime called a Constable of a castell Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. īn like maner is it vsed anno 3. Ed. 1. cap. 7. In the bookes de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that haue the custodie of the Kings mansion houses called of the Lumbards curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest lawes pag. 113. saith that there is an officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laide vpon such of the kings subiects as dwell within a certaine compasse of any castell toward the maintenance of such as doe watch and ward the castell Magna charta cap. 20. anno 32. H. 8. cap. 48. It is vsed sometime for the very circuit it selfe which is inhabited by such as are subiect to this seruice as in Stowes annals pag. 632. Casu consimili is a writ of entrie graunted where the tenent by courtesie or tenent for terme of life or for the life of another doth alien in fee or in tayle or for tearme of anothers life And it hath the name of this for that the Clerkes of the Chauncerie did by their common consent frame it to the likenesse of the writ called In casu prouiso according to their authoritie giuen them by the Statute Westm 2. cap. 24. which as often as there chanceth any new case in Chancerie something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads together and to frame a new forme aunswerable to the new case and as like some former case as they may And this writ is graunted to him in the reuersion against the party to whom the said tenent so alienateth to his preiudice and in the life time of the said tenent The forme and effect whereof reade more at large in Fitz. nat br fol. 206. Casu proviso is a writ of entry giuen by the Statute of Glocecester cap. 7. in case where a tenent in dower alieneth in fee or for tearme of life or in taile and lyeth for him in reuersion against the alienee Whereof reade F 〈…〉 cat br more at large fol. 205. Catals catalla aliâs chatels cōmeth of the Normans For in the 87. chapter of the grand Custumarie you shal find that al moueable goods with them are called chatels the contrary whereof is fief ibid. which we do call fee. But as it is vsed in our common law it comprehendeth all goods moueable and immoueable but such as are in the nature of free hould or parcell thereof as may be gathered out of Sawnf praero ca. 16. and anno Eliza. 1. ca. 2. How be it Kitchin in the chapter catalla fo 32. saith that ready mony is not accompted any goods or catels nor haukes nor houndes The reason why hawks and hounds be not he giueth because they be ferae naturae why money is not though he set not downe the cause yet it may be gathered to be for that money of it selfe is not of worth but as by cōsent of men for their easier traficke or permutation of things necessary for common life it is reckoned a thing rather consisting in imagination then in deede Catals be either personall
or reall Personall may be so called in two respects one because they belong immediatly to the person of a man as a bowe horse c. the other for that being any way withheld iniuriously from vs we haue no meanes to recouer them but by personall action Chatels reall be such as either appertain not immediatly to the person but to some other thing by way of dependencie as a boxe with charters of land the body of a ward apples vpon a tree or a tree it selfe growing on the ground Cromptons Iustice of peace fo 33. B or els such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearme of yeares Also to hould at will is a chatell reall New tearmes verbo Chatell The ciuilians comprehend these things as also lands of what kin de or hould so euer vnder bona bona autē diuiduntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208 〈◊〉 de verb. significa interpretes ibidem Bract. also ca. 3. li. 3. nu 3. 4. seemeth to be of the same iudgement Catallis captis nomine districtionis is a writ which lyeth within a borowe or within a house for rent going out of the same and warranteth a man to take the doores windowes or gates by way of distresse for the rent Old nat br fo 66. Catallis reddendis is a writ which lyeth where goods being deliuered to any man to keepe vntill a certaine day and be not vpon demande deliuered at the day And it may be otherwise called a writ of detinew See more of it in the Register orig fo 139. and in the ould nat br fo 63. This is answerable to actio depositi in the ciuile lawe Catchepolle though it now be vsed as a word of contempt yet in auncient times it seemeth to haue bene vsed without reproch for such as we now call sergeants of the mace or any other that vse to arrest men vpon any cause anno 25. Ed. 3. stat 4. ca. 2. Cathedrall See church Casu matrimonii praelocuti is a writ which lyeth in case where a woman giueth lands to a man in fee simple to the intent he shall mary her and refuseth so to doe in reasonable time being required thereunto by the woman The forme and farder vse hereof learne in the Register orig fol. 233. and in Fitzh nat br fo 205. Causam nobis significes is a writ which lyeth to a Mayer of a towne or city c. that formerly by the kings writ being commaunded to giue seisin vnto the kings grantee of any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke li. 4. casu communalty des Sadlers fo 55 b. Cautione admittenda is a writ that lyeth against the Bishop houlding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy church from thence forth The forme and farder effect whereof take out of the Regist orig pa. 66. and Fitzh nat br fol. 63. Century centuria See Hundred Cepi corpus is a returne made by the Shyreue that vpō an exigēd he hath taken the bodie of the partie Fitzh nat br fo 26. Certiorari is a writ issuing out the chauncerie to an inferiour courte to call vp the records of a cause therein depending that conscionable iustice therein may be ministred vpon complaint made by bill that the partie which seeketh the said writ hath receiued hard dealing in the said court Termes of the lawe See the diuers formes and vses of this in Fitzh nat br fo 242. as also the Register both originall and iudiciall in the tables verbo Certiorari Cromptō in his Iustice of peace fo 117. saith that this writ is either returnable in the Kings bench and then hath these wordes nobis mittatis or in the chauncerie and then hath in cancellaria nostra or in the common bench and then hath Iusticiariis nostris de banco The word certiorare is vsed diuers times in the digest of the ciuile lawe but our later Kritiques think it soe barbarouse that they suspect it rather to be foisted in by Tribonian thē to be originally vsed by those men of whose workes the saide digest is compiled Prataeus in suo lexico Certificat certificatoriū is vsed for a wirting made in any courte to giue notice to another courte of any thing done therein As for example a certificate of the cause of attainte is a transcript made briefely and in few words by the clerke of the Crowne clerke of the peace or clerke of assise to the courte of the Kings benche conteying the tenure and effect of everie endictment outlawrie or conviction and clerke attained made or pronounced in any other court an 34. H. 8. c. 14. Of this see more in Certificat d'evesque Broke f. 119. Certification of assise of novel dissessin c. Certificatio assisae novae disseisinae c. is a writ graunted for there examining or reuew of a mater passed by assise before any Iustices and is called certificatione novae disseisine Old nat br fo 181. Of this see also the Register Original fo 200. and the newe booke of entrise verbo Certificat of assise This word hath vse where a man appearing by his bayliffe to an assise brought by another hath lost the day and hauing something more to pleade for himselfe as a deede of release c. which the bayliffe did not or might not pleade for him desireth a farder examination of the cause either before the same Iustices or others and obteineth leters patents vnto them to that effect The forme of these leters patents you may see in Fitzh nat br fo 181. and that done bringeth a writ to the Shyreeue to call both the party for whome the assise passed and the Iurie that was empaneled vpon the same before the said Iustices at a certaine day and place And it is called a certificate because in it there is mention made to the Shyreeue that vpon the parties complainte of the defectiue examination or doubts yet remaining vpon the assise passed the King hath directed his leters patēts to the Iustices for the beter certifiing of themselues whether all points of the said assise were duly examined yea or not See farder old nat br and Fitzh vbi supra Of this also you may reade Bracton li. 4. ca. 19. nu 4. in fine 5. 6. where he discusseth the reason of this pointe very learnedly and lastly Horn in his Myrrour of Iustices li. 3. ea finali § en eyde des memoyres c. Certificando de recognitions Stapulae is a writte directed to the Mayor of the staple c. cōmaunding him to certifie the chaunceler of a statute of the staple taken before him betweene such and such in case where
called the foote of the fine The Chirographer also or his debuty doth proclaime all the fines in the court euery tearme according to the Statute and then repayring to the office of the custos breuium there indorseth the proclamations vpō the backside of the foot thereof and alwaie keepeth the writ of couenant as also the note of the fine Chivage See Chevage Chivalrie servitium militare commeth of the French chevalier i. eques and signifieth in our common lawe a tenure of land by knights seruice For the better vnderstanding whereof it is to be knowne that there is noe land but is holden mediatly or immediatly of the Crowne by some seruice or other and therfore are all our free-houlds that are to vs and our heires called feuda feese as proceeding frō the benefit of the King for some small yearely rent and the performance of such seruices as originally were laid vpon the land at the donation thereof For as the king gaue to the great Nobles his immediat tenents large possessions for euer to hold of him for this or that rent and seruice so they againe in time parcelled out to such as they liked their lands so receiued of the kings bountie for rents and seruices as they thought good And these seruices are all by Litleton diuided into two sorts chivalry and socage The one is martiall and military the other clownish and rusticall Chivalrie therefore is a tenure or seruice whereby the tenent is bound to performe some noble or military office vnto his Lord and is of two sorts either regall that is such as may hold onely of the king or such as may also hold of a common person as well as of the king That which may hold onely of the King is properly called servitium or sergeantia and is againe diuided into grand or petit i. great or small Great commonly called grand sergeantie is that where one holdeth lands of the King by seruice which hee ought to doe in his own person vnto him as to beare the kings baner or his speare or to leade his hoast or to be his Marshall or to blow a horne when he seeth his enemies inuade the land or to find a man at armes to fight within the foure Sease or else to do it himselfe or to beare the kings sword before him at his coronation or at that day to be his sewer caruer butler or chamberlaine Litleton tit Sergeantie Petit Sergeantie is where a man holdeth land of the king to yeeld him yearely some small thing toward his warres as a sword dagger bowe knife speare paire of gloues of maile a paire of spurs or such like Litleton titulo petit Sergeanty Chivalry that may hould of a common person as well as of the king is called scutagium escuage that is seruice of the shield And this is either vncertaine or certaine Escuage vncertaine is likewise two-fold first where the tenent by his tenure is bounde to follow his lord going in person to the kings wars against his enemies either him selfe or to send a sufficient man in his place there to be maintained at his cost so many daies as were agreed vpon betweene the lord and his first tenent at the graunting of the see And the daies of such seruice seeme to haue bene rated by the quantity of the land so houlden as if it extend to a whole knights fee then the tenent was bounde thus to follow his lord fourty dayes And a knights fee was so much land as in those dayes was accoumpted a sufficient liuing for a knight and that was 680 acres as some opinion is or 800 as others thinke or 15 pounds per annum Camdens Brittan pa. 110. in meo S. Thomas Smyth sayeth that census equestris is 40. poundes reuenew in free lands If the law extend but to halfe a knights fee then the tenent is bounde to follow his lord as aboue is said but twenty dayes If to a fourth part then ten daies Fitzh nat br fo 83. C. 84. C. E. The other kinde of this escuage vncertaine is called castelward where the tenent by his land is bound either by him selfe or by some other to defend a castell as often as it shall come to his course Escuage certaine is where the tenent is set at a certaine summe of money to be paide in lieu of such vncertaine seruice as that a man shall yerely pay for a Knights Fee 20. shillings Stow annal pag. 238. for halfe a Knights Fee tenne shillings or some like rate And this seruice because it is drawne to a certaine rent groweth to be of a mixt nature not meerely socage for that it smelleth not of the plough and yet so cage in effect being now neither personall seruice nor vncertaine Litleton titulo Secage This tenure called chiualry hath other conditions annexed vnto it as homage fealty wardship reliefe and mariage Bracton li. 2. ca. 35. which what they signifie looke in their places Chilualry is either generall or especiall Dier fo 161. nu 47. Generall seemeth to be where only it is said in the feofment that the tenent houldeth per seruitium militare without any specification of sergeanty escuage c. Speciall that which is declared particularly what kinde of knights seruice he houldeth by Chorall choralis seemeth to be any that by vertue of any of the orders of Clergie was in auncient time admitted to sit and serue God in the Quier which in Latine is tearmed Chorus Chose res is the French word as generall as thing is with vs. It is in the common lawe vsed with diuers epithites worthie the interpretation as chose locall is such a thing as is annexed to a place For example a mill is chose locall Kitchin fol. 18. Chose transitorie in the same place seemeth to bee that thing which is moueable and may be taken away or caried from place to place Chose in action is a thing incorporeall and onely a right as an annuitie an obligation of debt a couenant or vowcher by warrantie Broke titulo Chose in action And it seemeth that chose in action may be also called chose in suspence because it hath no reall existence or being neither can be properly sayde to bee in our possession Broke ibid. Churchwardens Ecclesiarum gardiani be Officers yearely chosen by the consent of the Minister and parishioners according to the custome of euery seuerall place to looke to the church church-yard and such things as belong to both and to obserue the behauiours of their parishioners for such faults as appertaine to the iurisdiction or censure of the court ecclesiasticall These be a kind of corporation inabled by lawe to sue for any thing belonging to their church or poore of their parish See Lamberd in his pamphlet of the duty of Church-wardens Churchesset is a word that I find in Fleta lib. 1. cap. 47 in fine whereof he thus writeth Certam mensuram bladi tritici significat quam quilibet olim sanctae Ecclesiae die
set there seuerall seales See the rest where at the last he sheweth the cause of the name viz for that consisting of more partes eche parte is indented or cut one of them into the other that by the cut it may appeare they belonge to one busines or contract A deede poll or polled he describeth thus Sect. 46. Q. A polled deede is a deede testifying that onely the one of the parties to the bargaine hath put his seale thereunto after the maner there by him described which reade for your beter vnderstanding See the newe Tearmes of lawe verbo Fait where he sheweth that each deed consisteth of 3. points writing sealing and deliuerie Deere Hayse anno 19. H. 7. cap. 11. seemeth to be an Engine of cords to catch Deere De essendo quieium de relovio is a writ that lyeth for them which are by priuiledge freed from the payment of tolle which reade at large in Fitzh nat br fol. 226. Defalt defalta commeth from the French Defaut and is an offence in omitting that which we ought to doe West part 2. symbol titulo Indictment sect 2. Of this hath Bracton a whole tractats lib. 5. tractat 3. By whome it appeareth that a default is most notoriously taken for non appearance in court at a day assigned Of this you may reade also in Fleta lib. 6. cap. 14. Defeisance defeisantia commeth of the French Desfaire or Deffaire i. infectum reddere quod factumest and signifieth in our common lawe nothing but a condition annexed to an act as to an obligation a recognizance or statute which performed by the obligee or recognizee the act is disabled and made voide as if it neuer had bene done whereof you may see West at large part 1. symb li. 2. sect 156. Defendant defendens is he that is siewed in an action personall as tenent is he which is siewed in an action reall Tearmes of the lawe Defendemus is an ordinarie word in a feofment or donation and hath this force that it bindeth the donour and his heyres to defend the Donee if any man goe about to laye anie seruitude vpon the thing giuen other then is contained in the donation Bract. lib. 2. cap. 16. num 10. See also Warrantizabimus Acquietabimus Defender of the faith defensor fides is a peculiar title giuen to the King of England by the Pope as Catholicus to the king of Spaine and Christianissimus to the French king It was first giuen by Leo decimus to king Henry the 8. for writing against Martin Luther in the behalfe of the Church of Rome then accounted Domicilium fidei Caholicae Stowes annals pag. 863. Deforsour Deforciator commeth of the french For ceur i. expugnator It is vsed in our common law for one that ouercommeth and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton ca. 53. next because a man may deforce another that neuer was in possession as for example if more haue right to lands as commō heires and one entring keepeth out the rest the law saith that he deforceth them though he doe not disseise them Old nat br fol 118. and Litleton in his chapter Discontinuance fol. 117. faith that he which is infeoffed by the tenent in taile and put in possession by keeping out the heire of him in reuersion being dead doth deforce him though he did not disseise him because he entred when the tenent in taile was liuing and the heire had noe present right And a deforsour differreth from an Intrudour because a man is made an Intrudour by a wrongfull entry only into land or tenement voide of a possessour Bracton li 4 ca pri and a deforsour is also by houlding out the right heire as is abouesaide Deliuerance See Repligiare Demaund Demanda vel Demandum commeth of the french Demande i. postulatio postulatus and signifieth a calling vpon a man for anything due It hath likewise a proper signification with the common lawyers opposite to plaint For the pursiute of all ciuill actions are either demaunds or plaints and the persyewer is called demaundant or plaintife Viz Demandaundant in actions reall and plaintife in personall And where the party persiewing is called demaundāt there the party persiewed is called tenent where plaintife there defendant See terms of law verbo Demaundant Demy haque See Haque and Haquebut Demaine Dominicum is a french word otherwise written Domaine and signifieth Patrimonium domini as Hotoman saith in verbis feudalibus verbo Dominicum where by diuers authorities he proueth those lands to be dominicum which a man holdeth originally of himselfe and those to be feodum which he holdeth by the benefite of a superiour Lord. And I find in the ciuill law Rem dominicam for that which is proper to the Emperour Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoueatur being the 38. title of the 7. booke And res dominici iuris i. reipub in the same place And by the word Domanium or Demanium are properly signified the kings lands in Fraunce appertaining to him in propertie Quia Domanium definitur illud quod nominatim consecratum est vnitum incorporatum Regiae coronae vt scripsit Chopinus de domanio Franciae tit 2. per legem Siquando 3. Cod. de bon vacan lib. 10. Mathaeus de Afflict is in constit Siciliae li. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus sisci redacta Skene de verborum signif verb. Terrae Dominicales In like maner doe we vse it in England howbeit we here haue no land the Crowne land onely excepted which holdeth not of a superior For all dependeth either mediatly or immediately of the Crowne that is of some honour or other belonging to the Crowne and not graunted in fee to any inferior person Wherefore no common person hath any demaynes simply vnderstood For when a man in pleading would signifie his land to be his owne he saith that he is or was seised thereof in his demaine as of fee. Litleton li. 1. cap. 1. Whereby he signifieth that though his land be to him and his heyres for euer yet it is not true demaine but depending vpon a superior Lord and holding by seruice or rent in liewe of seruice or by both seruice and rent Yet I find these words vsed in the kings right anno 37. H. 8. cap. 16. and 39. Eliz. cap. 22. But the application of this speech to the king and crowne land is crept in by errour and ignorance of the word Fee or at least by vnderstanding it otherwise then of the Feudists it is taken But Britton cap. 78. sheweth that this word Demeyne is diuersly taken sometime more largely as of lands or tenements held for life c. and sometime more strictly as for such onely as are generally held in fee. This word somtime is vsed for
nat br fol. 138. To this is answerable in some sort actio depositi in the ciuile lawe And hee taketh his action of ditinew that intendeth to recouer the thing deliuered and not the dammages sustained by the detinew Kitchin fol. 176. See the new booke of Entries verbo Detinew Devastaverunt bona testatoris is a writ lying against executors for paying Legacies and debts without specialties to the preiudice of the creditours that haue specialties before the debt vpon the said specialties be due For in this case the executors are as lyable to action as if they had wasted the goods of the testatourriotously or without cause New termes of lawe Devest devestire is contrarie to Invest For as Investire signifieth possessionem tradere So devestire is possessionem auferrâ— feud libro primo cap. 7. Devise aliâs divise commeth of the French diviser i. disperâ—iri discernere separare distinguere as diviser par ci par la distribuere This word is properly attributed in our common lawe to him that bequeathes his goods by his last will or testament in writing and the reason is because those that now appertain onely to the Devisour by this act are distributed into many parts Wherefore I thinke it better written divise theÌ„ deuise howbeit it were not absurd to deriue this word from the French deuiser i. sermocinari fabulari consilium conferre For in this sence it agreeth in some sort with the nature of the act of the testator and with the Etymologie of a testament set downe by Iustinian who saith that testamentum is quaesi mentis testatio titulo de Testa ordinan in Institut and testatio mentis cannot be so well as by talke and conference with our wise and skilfull friends Devoires of Cales anno 2. R. 2. Stat. 1. cap. 3. anno 5. eiusdem stat 2. cap. 2. were the customes due to the king for merchandize brought to or caried out from Caleis when our Staple was there The word is French signifying as much as officium dutie Devorce aliâs divorce divortium is with our common Lawyers accompted that separation betweene two de facto maried together which is à vinculo matrimonii non solùm à mensa thoro And therefore the woman so divorced receiueth al againe that shee brought with her This is not but onely vpon a nullitie of the mariage through some essentiall impediment as consanguinitie or affinity within the degrees forbidden precontract impotencie or such like See the new Tearmes of lawe Diem clausit extremum is a writ that lyeth for the heyre of him that holdeth land of the Crowne either by Knights seruice or in soccage and dyeth be he vnder or at full age directed to the escheatour of the county for inquirie to bee made by him of what estate the partie deceased was seised and who is next heyre vnto him and of what valew the land is The forme thereof and other circumstances you may learne in Fitzh nat br fol. 251. Dyer was a learned Lawyer and Lord chiefe Iustice of the Common plees in the dayes of Queene Elizabeth who writ a booke of great accompt called his Commentaries or Reports Dies datus is a respight giuen to the tenent or defendant before the court Brooke titulo Continuance Dicker of lether is a quantitie consisting of tenne hides The name may seeme to come from the Greeke decas which is also a Latine word signifying tenne in number Dignitie ecclesiasticall dignitas ecclesiastica is mentioned in the statute anno 26. H. 8. cap. 3. and is by the Canonists defined to be administratio cum iurisdictione potestate aliqua coniuncta Glos in cap. 1. de consuet iu sexto whereof you may reade diuers examples in Duarenus de sacris eccles minist benefic lib. 2. cap. 6. Dioces dioecesis is a Greeke word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth with vs the circuit of euery Bishops iurisdiction For this realme hath two sorts of diuisions one into Shyres or Counties in respect of temporall policie another into Diocesses in respect of iurisdictioÌ„ ecclesiasticall Dieta rationabilis is in Bracton vsed for a reasonable daies iourney lib. 3. parte 2. chap. 16. It hath in the ciuile law diuers other significations not needfull heere to be set downe v. vocab vtirusque iuris Dimy haque See Haque Disalt signifieth as much as to disable Litleton in his chapter of Discontinance Disceite See deceite and deceptione See the new booke of Entry verbo Disceit Discent Discensus in the french Descente signifieth in the common law an order or means whereby lands or tenements are deriued vnto any man from his auncestours as to make his discent from his Auncestours Old nat br fol. 101. is to shew how and by what degrees the land in question cam to him from his auncestours as first from his great grandfather to his grandfather from his grandfather to his father and so to him Or in such other like sort This discent is either lineall or collaterall Lineall discent is conueied downeward in a right line from the Grandfather to the father and from the father to the sonne and from the sonne to the Nephew c. Collaterall discent is springing out of the side of the whole blood as Grandfathers brother fathers brother c. See the new Tearmes of law Disclamer Disclamium is a plee containing an expresse deniall or refusall as if the tenent siew a replevin vpon a distresse taken by the lord and the lord avow the taking of the distresse saying that he houldeth of him as of his Lord and that he distreined for rent not paid or seruice not perfourmed then the tenent denying himselfe to hould of such Lord is said to disclaime and the Lord prouing the tenent to hould of him the tenant leeseth his land Tearmes of law Of this see Skene de verb signif verbo Disclamation Also if a man deny himselfe to be of the blood or kindred of another in his plee he is said to disclaime his blood Eitzh nat br fol 197. G. See Brooke titulo Disclaimer If a man arraigned of felonie do disclaime goods being cleared he leeseth them Stawnf pl. cor fol. 186. See the new booke of Entries verbo Disclamer Discontinuance Discontinuatio commeth of the french Discontinuer i. cessare intermittere and signifieth in the common law nothing els but an interruption or breaking of as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not then to define the thing The effect of discontinuance of possession is this that a man may not enter vpon his owne land or tenement alienated whatsoeuer his right be vnto it of his owne selfe or by his owne authority but must bring his writ and seeke to recouer possession by law Examples you may haue store in his Terms of law verbo Discontinuance And in Litleton
H. 3. ca. 7. ca. 9. ca. 12. See old nat breu fol. 71. b. See grand distresse what thngs bee distreinable and for what causes See the newe Termes of lawe verbo Distresse Of this also see more in Attachment Distringas is a writ directed to the Shyreeue or any other ofofficer commanding him to distreine one for a debt to the king c. or for his appearance at a day See great diuersitie of this writ in the table of the Register iudicial verbo Distringas Divise See Devise Dividends in the Exchequer seemeth to be one part of an Indenture anno 10. Ed. 1. ca. 11. anno 28. eiusdem Stat. 3. ca. 2. Dyvorce See Devorce Docket is a brife in writing anno 2. 3. Ph. Mar. ca. 6. West writeth it Dogget by whome it seemeth to be some small peece of paper or parchement conteining the effect of a larger writing Symbol parte 2. titulo Fines sect 106. Doctor and Student is a booke conteining certaine dialogues betweene a D. of Diuinitie and a Student at the common Law wherein are conteined questions and cases as well of the equitie and conscience vsed in the common Lawe as also a comparison of the Civile Canon and common lawe together very worthy the reading The author is said by D. Cosin in his Apologie to bee a gentleman called Saint German The booke was written in the daies of H. 8. To do lawe facere legem is as much as to make lawe 23. H. 6. ca. 14. See Make. Dogge drawe is a manifest deprehension of an offender against venison in the forest There bee foure of these noted by M. Manhood parte 2. of his forest lawes ca. 18. nu 9. viz. Stablest and Dogge drawe Back beare and Bloodie hand Dogge drawe is when one is found drawing after a deere by the sent of a hound that he leadeth in his hand Dogger a kinde of shippe an 31. Ed. 3. Stat. 3. ca. pr◠Doggerfish ibid. c. 2. seemeth to bee fish brought in those ships to Blackcney hauen c. Dogger men anno 2. H. 8. ca. 4. Dogget See Docket Domo reparanda is a writ that lyeth for one against his neighbour by the fall of whose house he feareth hurt toward his owne house Register originall fol. 153. for this point The ciuilians haue the action de damno infecto Dole fishe seemeth to be that fish which the fisher men yerely imployed in the north sease doe of custome receiue for their allowance See the statute a. 35. H. 8. ca. 7. Donatyue is a benefice meerely giuen and collated by the Patron to a man without either presentation to the Ordinary or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the statute anno 8. R. 2. cap. 4. Of this Petr. Gregor de beneficiis cap. 11. nu 10. hatl these words Si tamen Capellaniae fundatae per Laicos non fuerint a Dioecesano approbatae vt loquuntur spiritualizatae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Ioh. Faber ad § Nullius De rerum divis Ideo fundatores haeredes eorum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profona beneficia Guido Papaeus descis 187. See also Gregorius lib. 15. ca. 29. sui syntagmatis nu 11. I finde in the preface of M. Gwins readings that as the king might of auncient times found a free Chapell and exempt it from the iurisdiction of the Diocesan so hee might also by his leters patents licence a common person to found such a chapell and to ordeine that it shal be donatiue not presentable and that the Chaplaine shall be depriueable by the founder and his heires and not by the Bishop And this is likest to bee the originall of these Donatiues in England Fitzh saith that there be certaine Chauntries which a man may giue by his leters patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were donatiue by the king Coke li. 3. fo 75. b. Doomes day Rotulus Wintoniae domus Dei Coke in Praefatione ad librum suum is a booke that was made in king Ed. the Confessors dayes as the author of the old nat br saith f. 15. containing in it not onely all the lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon wordes verbo Ius Dacoru c. proueth out of Gervasius Tilburiensis that this booke was made in William the Conquerors time with whome agreeth M. Camden in his Britan. pag. 94. prouing it out of Ingulphus that flourished the same time And for the beter commendation of the booke it is not amisse to set downe the words of Ingulphus touching the contents thereof Totam terram descripsit Nec erat hyda in tota Anglia quin valorem eius possessorem scivit nec lacus nec locus aliquis quin in Regis rotulo extitit descriptus ac eius reditus proventus ipsa possessio eius possessor regiae notitiae manifest atus iuxta taxatorum fidom qui electi de qualibet patria territorium proprium describebant Iste rotulus vocatus est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the Statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regii ratione which seemeth to be taken out of the Booke called Liber rubeus in the Exchequer It is termed liber Iudicatorius and the reason why quia in eo totius Regni descriptio diligens continetur tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia exprimitur Dorture Dormitorium anno 25. H. 8. ca. 11. is the common roome place or chamber where all the friers of one couent slept and lay all night Dote assignanda is a writ that lieth for a widowe where it is found by office that the kings tenent was seised of tenements in fee or fee taile at the day of his death c. and that hee holdeth of the king in cheife c. For in this case the widowe commeth into the Chauncerie and there maketh oath that shee will not mary without the kings leaue Anno 15. Ed. 3. ca. 4. and herevpon shee shall haue this writte to the Escheatour for which see the Register originall fol. 297. and Fitzh nat br f. 263. And this sort of widowes is called the kings widowe See Widowe Dote vnde nihil habet is a writ of dower that lyeth for the widow against the tenent which hath bought land of her husband in his life time whereof he was feised solely in fee simple or fee taile in such sort as the issue of them both might haue inhereted it Fitzh
nat br fol. 147. Register fol. 170. Dotis admensuratione See Admēsurement See the Register fol. 171. Dotkins a kinde of coine pl cor fol 37. It seemeth to come of the Dutch word Duythen that is the eight part of a Stufer or French Shilling which in lat ne is called Solidus Gallicus Doubles anno 14. H. 6. cap. 6. signifie as much as leters patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the defendant alledgeth for himselfe two seuerall maters in barre of the action whereof either is sufficient to effect his desire in debarring the plaintiffe And this is not to be admitted in the common lawe wherefore it is well to be obserued when a plee is double and when it is not For if a man alledge seuerall maters the one nothing depending of the other the plee is accounted double If they be mutually depending one of the other then is it accompted but single Kitchin fo 223. See Broke hoc titulo But why this doublenes for so Kitchin calleth it fol. 234. should bee debarred I see no reason vnder correction all things being spoken For a man may haue two good defences and happily in the issue he shall contrarily to his hope faile in prouing the one and yet be able to carie the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur lib. 5. tract 5. cap. 5. num 4. whom also reade libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alledging this to be the course of our proceeding because the triall is by twelue rude men whose heades are not to be troubled with ouer many things at once lib. 2. de Repub Anglor cap. 13. Double quarell duplex querela is a complaint made by any Clerke or other vnto the Archbishop of the Prouince against an inferiour ordinarie for delaying of iustice in some cause ecclefiasticall as to giue sentence or to institute a clerke presented or such like The effect whereof is that the said Archbishop taking knowledge of such delay directeth his leters vnder his authenticall seale to all and singular clerkes of his Prouince therby commaunding and authorizing them and euery of them to admonish the said Ordinarie within a certaine number of dayes namely 9. dayes to doe the iustice required or otherwise to cite him to appeare before him or his officiall at a day in the said leters prefixed and there to alledge the cause of his delay And lastly to intimate to the said Ordinarie that if he neither performe the thing enioyned nor appeare at the day assigned he himselfe will without farder delay proceed to perform the iustice required And this seemeth to be tearmed a double quarell because it is most commonly made against both the Iudge and him at whose petition iustice is delayed Dower dos commeth of the French douaire and signifieth in our common lawe two things first that which the wife bringeth to her husband in mariage otherwise called maritagiū mariage good next and more commonly that which she hath of her husband after the mariage determined if she out-liue him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in princ And in Scotland dos signifieth iust as much Skene de verb. signif verbo Dos The former is in French called dot the other doüayre and by them latined doarium I likewise once thought it not vnreasonable to call the former a Dowrie the other a Dower but I find them confounded For exāple Smith de rep Anglo p. 105. calleth the later a dowrie and dower is sometime vsed for the former as in Britton vbi supra yet were it not inconuenient to distinguish them being so diuers The Civilians call the former dotem and the later donationem propter nuptias Of the former the common law bookes speake very litle This onely is to be noted that whereas by the ciuile lawe instruments are made before mariage which containe the quantitie of the wiues dowrie or substance brought to her husband that he hauing the vse of it during mariage may after certaine deductions restore it againe to his wiues heires or friends after the mariage dissolued the common lawe of England whatsoeuer chatels moueable or immoueable or readie money she bringeth doth make them foorthwith her husbands owne to be disposed of as he will leauing her at his courtesie to bestow any thing or nothing of her at his death The reason whereof is said to be the holding of the wife in obedience to her husband Onely if she be an inheretrice her husband holdeth the land but during her life except he haue issue by her but then he holdeth it by the courtesie of England during his owne life See Courtesie And againe if he haue any land in fee wherof he was possessed during the mariage she is to haue a third therof during her life though she bring nothing to him except she doe by fine release her right during the mariage So that here is no great mater to bee spoken of but touching dower in the later signification You must know therfore that vpon speech of mariage betweene two the parents of both sides are commonly more carefull in prouiding each for his childe then the parties themselues and that by their meanes there bee diuers bargaines made sometime for the conueiance of lands c. to them and their issue and this is said to be giuen in franke mariage sometime to her during her life and that before or at the mariage if before mariage then it is called a Ioynture For a Ioynture is a couenant whereby the husband or some for him is tyed ratione iuncturae in consideration of the mariage that the wife surviuing him shall haue during her life this or that tenement or lands or thus much rent yearely paylible out of such land c. with clause of distresse and this may be more or lesse as they doe accord Britton cap. 101. whome read also ca. 102. 103. 104. for conventio vincit legem Bracton lib. 5. tract 4. cap. 9. The diuersitie of these Ioyntures you may see in West parte prima symbol lib. 2. sect 128. 129. 130. 131. 132. 133. But if none of these former bargaines passe before mariage then must the wife stick to her Dower and that is sometime giuen at the Church doore or the Chappell doore if the mariage bee by licence but not the chamber doore and may bee what the husband will so it exceede not a third part of his lands G lanvile libro 6. cap. pri Or the halfe as some say Fitzh nat br fol. 150. N. P. And this Dower is either certainly set downe and named or not named but onely in generalitie as the law requireth if it be not named then is it by lawe the third part and called dos ligitima Bracton lib. 4. tracta 6. cap. 6. nu 6.
learned men in the lawe reteined of councell with the King in the said court Of this Court M. Gwin in the preface to his readings thus speaketh The court of the Duchy or Countie Palatine of Lancaster grew out of the graunt of king Edward the third who first gaue the Dutchy to his sonne Iohn of Gawnte and endowed it with such royall right as the Countie Palatine of Chester had and for as much as it was afterward extinct in the person of king Henry the fourth by reason of the vnion of it with the Crowne the same king suspecting himselfe to bee more rightfully Duke of Lancaster then king of England determined to saue his right in the Dutchy whatsoeuer should befal of the Kingdome and therefore hee separated the Dutchy from the Crowne and setled it so in the naturall persons of himselfe and his heires as if he had bin no king or Politique bodie at all In which plight it continued during the reigne of K. Henry the 5. and Henry the 6. that were descended of him But when King Edw. the 4. had by recouery of the Crowne recontinued the right of the house of Yorke hee feared not to appropriate that Dutchy to the Crowne againe and yet so that hee suffered the Court and Officers to remaine as he founde them And in this maner it came together with the Crowne to King Henry the 7. who liking well of that policy of King H. the 4. by whose right also hee obteined the Kingdome made like separation of the Dutchy as hee had done and so left it to his posterity which doe yet inioy it Dumfuit infra aetatem is a writ which lyeth for him that before hee came to his full age made a feofment of his land in fee or for terme of life or in taile to recover them againe from him to whome he conveied them Fitzh nat br fol. 192. Dum non fuit compos mentis is a writ that lieth for him that being not of sound memory did alien any lands or tenements in fee simple fee tayle for terme of life or of yeeres against the alienee Fitzh nat br fol. 202. Duplicat is vsed by Crompton for a second leters patent graūted by the Lord Chauncelour in a case wherein he had formerly done the same and was therefore thought void Cromptons Iurisd fol. 215. Dures Duritia commeth of the French dur i. durus vel durete i. duritas and is in our common lawe a plee vsed in way of exception by him that being cast in prison at a mans suite or otherwise by beating or threats hardly vsed sealeth any bond vnto him during his restraint For the lawe holdeth this not good but rather supposeth it to be constrained Brooke in his Abridgement ioyneth Dures and Manasse together i. duritiam minas hardnes and threatning See the newe booke of Entries verbo Dures and the new Termes of law E A EAlderman Aldermannus among the Saxons was as much as Earle among the Danes Camden Britan. pag. 107. If yee goe to the true etimologie of the word mee thinketh it shoud sound more generally so much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the Graecians or Senator with the Romanes who were rather Councellers at large then bestowed vpon any particular office as Comites were See Countie And that signification we retaine at this day almost in all our Cities and Borowes calling those Aldermen that are Associates to the Chiefe Officer in the common councell of the Towne anno 24. H. 8. ca. 13. or sometime the cheife officer himselfe as in Stawnford Earle Comes in M. Camdens opinion pag. 107. is a word made by the Danes of Ealderman a word of the Saxons M. Lamberd seemeth notwithstanding to acknowledge that Earle is originally a Saxon word Explica of Sax. words verbo Paganus and interpreteth it Satrapam which word the Romaines borowing of the Persians applied to those that were praefecti provinciarum M. Verslegan in his restitution of decaied intelligence deriueth it from two Netherland words ear i. honor and ethel i. nobilis wherein I leaue the reader to his owne iudgement This title in auncient time was giuen to those that were associates to the king in his councels and Marshall actions as Comes was to those that folowed the Magistrates in Roome and executed their offices for them as their deputies and died alwaies with the man Zasius hath of this word thus much Comitū originem in Doctoribus non invenimus sed noveris cam dignitatem vetustissimam esse Nam Cor. Tacitus in libello de Germania scribit apud priscos vsu fuisse receptum vt cuilibet principi seu Duci exercitus duodecim comites assignarentur ideo dictos quia comitarentur eos à Ducum latere non decederent Comitū itaque originē Germanis moribus ortum esse dictus receptissimus autor testis est Quapropter quod in duodecimo libro Codicis aliqui tituli de Comitibus largitionum c. inscribuntur usurpationem Imperatoris ex Germanorum ritibus sumptam credo But the Conquerour as M. Camd. saith gaue this dignitie in fee to his nobles annexing it to this or that countie or province and allotted them for their maintenance a certaine proportion of monie rising from the Princes profits for the pleadings and forfeitures of the province For example he bringeth an aunent Record in these words Henricus 2. Rex Anglie his verbis Comitem creauit Sciatis nos fecisse Hugonet Bigot Comitē de Nortfolk sc de tertio denario de Norwic. Northfolke sicut aliquis comes Angliae liberiùs comitatum suum tenet Which words saith the same author an ould booke of Battell Abbie thus expoundeth Consuetudinaliter per totam Angliammos antiquitùs inoleverat Comites provinciarum tertium denarium sibi obtinere inde Comites dicti And another booke without name more fully Comitatus a Comite dicitur aut vice versa Comes autem est quia tertiam portionem eorum quae de placitis proveniunt in quolibet Comitatu percipit Sed non omnes Comites ista percipiunt sed hii quibus Rex haereditariò aut personaliter concessit You may reade M. Fern in Lacyse nobility something to this effect pa. 12. But he saith that one Duke or Earle had diuers Shires vnder his gouernment as a viceroy and had lieuetenants vnder him in euery particular Shire called a Shyreeue That one Earle was dignified by the appellation or more rhen one Shyreeue it appeareth by diuers of our auncient Statutes as namely by the sentēce of excommunication pronounced by the Bishops against the infringers of the great Charter charter of the forest anno 38. H. 3. Roger Bigot is named Earle both of Northfolke and Southfolke and anno 1. Ed. 3. Thomas Earle of Lancaster and Leycester Humsrey Bohum Earle of Hereford and Essex Dyer fo 285. nu 39. At these daies as long since the kings of England make Earles by their charters of this or that Countie giuing them no
these words saluis omnibus aduantagiis tam ad iurisdictionem Curia quà m ad breue narrationem or such like Britton vseth it for the conference of a Iury vpon the cause committed vnto them ca. 53. See Imparlance Emprouement See Improuement Encheson A. 50. Ed. 3. ca. 3. is a french word signifiing as much as occasión cause or reason wherefore any thing is done See Skene de verbo significa verbo Encheson Encrochement or Accrochemēt commeth of the french Accrocher 1. apprehendere inuncare harpagare and that commeth of Crochure 1. aduncitas or crochu 1. aduncus Encrochement in our common law signifieth an vnlawfull gathering in vpon another man For Example if two mens grounds lying togither the one presseth too farre vpon the other or if a tenent owe two shillings rent seruice to the Lord the Lord taketh three So Hugh and Hugh Spencer encroched vnto them royall power and authoritie annoprim Ed. 3. in prooem Enditement Indictamentum commeth of the French Enditer i. deferre nomen alicuius indicare or from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because M. Lamberd will haue it so Eirenar lib. 4. cap. 5. pag. 468. It signifieth in our common lawe as much as Accusatio in the ciuile lawe though it haue not in all points the like effect West parte 2. symb titulo Inditements defineth it thus An Inditement is a Bill or declaration made in forme of lawe for the benefite of the common wealth of an accusation for some offence either criminall or penall exhibited vnto Iurours and by their verdict found and presented to be true before an Officer hauing power to punish the same offence It is an accusation because the Iury that inquireth of the offence doth not receiue it vntill the party that offereth the Bill appeare so farre in it as to subscribe his name and offer his oth for the truth thereof It differeth from an Accusation in this that the preferrer of the Bill is no way tyed to the proofe thereof vpon any penalty if it be not proued except there appeare conspiracy Wherefore though moued by M. Wests authority I call it an Accusation yet I take it to be rather Denuntiatio because it is of office done by the great enquest rather then of a free intent to accuse Of this you may reade S. Tho. Smith de Repub. Anglor lib. 2. cap. 19. and Stawnf pl. cor lib. 2. cap. 23. 24. 25. 26. c. Vsque 34. and M. Lamberds Eirenarcha li. 4. ca. 5. whence you may receiue good satisfaction in this mater Endowment Dotatio commeth of the french Doüare and signifieth the bestowing or assuring of a Dower See Dower But it is sometime vsed metaphorically for the setting forth or seuering of a sufficient portion for a vickar toward his perpetuall maintenance when the benefice is appropriated See Appropriation And the statute A. 15. R. 2. cap. 6. Endowment de la plus Belle part is where a man dying seised of some lands houlding in knights seruice and other some in socage the widow is sped of her dower rather in the lands houlding in socage then knights seruice Of this reade Litleton more at large li. 1. ca. 5. Enfranchisement cōmeth of the french Franchise 1. libertas and is in a maner a french word of it selfe It signifieth in our common law the incorporating of a man into any societie or body politicke For example he that by charter is made Denizen of England is said to be enfranchised and so is he that is made a citizen of London or other city or Burges of any towne corporate because he is made partaker of those liberties that appertaine to the corporation whereinto he is enfranchised So a villaine is enfranchised when he is made free by his Lord and made capable of the benefites belonging to freemen Englecerie engleceria is an old abstract word signifying nothing else but to be an English man For example if a man bee priuily slaine or murthered he was in old time accompted Francigena which word comprehendeth euery alien vntil Englecerie was proued that is vntill it were made manifest that he was an Englishman A man may maruell what meaning there might be in this but Bracton cleareth the doubt who in his third booke tract 2. cap. 15. num 3. telleth vs that when Canutus the Danish king hauing setled his estate here in peace did at the request of our Barons disburden the land of his armie wherein he accompted his greatest safetie and conditioned with them that his countrimen which remained here should continue in peace and the more to secure that that for euery Francigena vnder which word as is aboue said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be leauied to his Treasurie 66. merkes out of the village where the murder was cōmitted or out of the hundred if the village were not able to pay it and further that euery man murdered should be accompted Francigena except Englecery were proued which how it was to be proued looke the 7. number in the same chapter And see also Horns myrror of Iustices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Englecerie for the abuses and troubles that afterwarde were perceiued to grow by it was cleane taken away by a statute made anno 14. Ed. 3. capite quarto Enheritance See Inheritance Enquest Inquisitio is all one in writing with the french word and all one in signification both with the French and Latine Howbeit it is especially taken for that Inquisition that neither the Romanes nor French men euer had vse of that I can learne And that is the Enquest of Iurors or by Iurie which is the most vsuall triall of all causes both ciuile and criminall in our realme For in causes ciuill after proofe is made of either side so much as each partie thinketh good for himselfe if the doubt be in the fact it is referred to the discretion of twelue indifferent men empaneled by the Shyreeue for the purpose and as they bring in their verdict so iudgement passeth For the Iudge saith the Iurie findeth the fact thus then is the law thus and so we iudge For the enquest in causes criminall see Iurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An enquest is either of office or at the mise of the partie Stawnf pl. cor lib. 3. cap. 12. Entendment commeth of the French entendement i. intellectus ingenium It signifieth in our common lawe so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayle feudum talliatum commeth of the French entaille i. inscisus and in our cōmon lawe is a substantiue abstract signifying Fee-tayle or Fee-intayled Litleton in the second chapter of his book draweth Fee-tayle from the verbe Talliare which whence it commeth or whether it will I know not whereas in truth it must come from the French taille
some time for the place or circuit within the which the king or other Lord hath escheates of his tenents Bracton li. 3. tract 2. cap. 2. pupilla oculi parte 5. ca. 22. Escheate thirdly is vsed for a writ which lieth where the tenent hauing estate of see simple in any lands or tenements holden of a superiour lord dieth seised without heire generall or especiall For in this case the Lord bringeth this writ against him that possesseth these lands after the death of his tenent and shall thereby recouer the same in liew of his seruices Fitzh nat br fol. 144. These that we call Escheats are in the kingdome of Naples called Excadentiae or bona excadentialia as Baro locat excadentias eo modo quo locatae fuerūt ab antiquo it a quod in nullo debit a servitia minuantur non remittit gallinam debitam Iacobutius de Franchis in praeludiis ad feudorum vsum tit 1. nu 29. nu 23. v. Maranta singularia verbo Excadentia And in the same signification as we say the fee is escheated the Feudists vse feudum aperitur li. 1. feud titulo 18. § 2. ti 15. ti 26. § 4. Escheatour Escaetor commeth of Escheate and signifieth an officer that obserueth the Escheates of the king in the countie whereof he is Escheatour and certifieth them into the Eschequer This officer is appointed by the L. treasurer and by leters patents from him and continueth in his office but one yeare neither can any be Escheatour aboue once in 3. yeares anno 1. H. 8. cap. 8. anno 3. eiusd ca. 2. See more of this officer and his authoritie in Cromptons Iustice of peace See an 29. Ed. 1. The forme of the Escheatours oath see in the Register original fol. 201. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a record Officium escaetriae is the escheatourship Register orig fo 259. b. Escuage Scutagiū commeth of the French Escu i. clypeus a bucler or sneild In our common lawe it signifieth a kinde of knights seruice called seruice of the shield whereby the tenent holding is bound to follow his Lord into the Scottish or Welsh warres at his owne charge for the which see Chyvalrie But note that Escuage is either vncertaine or certaine Escuage vncertaine is properly Escuage and knights seruice being subiect to homage fealtie ward and mariage so called because it is vncertaine how often a man shal be called to followe his lord into those wars and againe what his charge wil be in each iourney Escuage certaine is that which yearely payeth a certaine rent in lieu of all seruices being no further bound then to pay his rent called a knights fee or halfe a knights fee or the fourth part of a knights fee according to his land this leeseth the nature of knights seruice though it hold the name of Escuage being in in effect Soccage Fitzh nat br fol. 84. C. Esnecy Aesnecia is a prerogatiue giuen to the eldest coparcener to choose first after the inheritance is diuided Fleta li. 5. ca. 10. § in diuisionem Esplees Expletia seeme to be the full profits that the ground or land yeldeth as the hay of the medowes the feede of the pasture the corne of the earable the rents seruices and such like issues Ingham It seemeth to proceede from the latine expleo The profits comprised vnder this word the Romans call properly accessiones Nam accessionum nomine intelligūtur ea generaliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt l. 2. Π. De in diem adiectio li. 50. Π. Ad Trebel l. 61. § hiis etiam Π. de furt See the new Terms of law Esquier Armiger is in leters little altered from the french Escuier i. scutiger It signifieth with vs a gentleman or one that beareth armes as a testimony of his nobilitie or gentrie S. Thomas Smith is of opinion that at the first these were bearers of armes to Lords and Knights and by that had their name and dignity Indeede the french word is sometime translated Agaso that is a boy to attend or keepe a horse and in ould English writers it is vsed for a lackey or one that carieth the shield or speare of a knight Mast Camden in his Britannia pag 111. hath these words of them hauing spoken of Knights Hiis proximi fuere Armigers qui scutiseri hominesque ad arma dicti qui vel a clypeis gentilitiis qua in nobilitatis insignia gestant vel quia principibus matoribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo vnicuique militi seruiebant galeam clypeumque gestabant c. Hotoman in the sixth chapter of his disputatiōs vpon the feods saith that these which the French men call Escuiers were a militarie kinde of vassall haueing ius scuti which is as much to say he there interpreteth him selfe as that they bare a shield and in it the ensignes of their family in token of their gentility or dignity Essendi quietum de telonio is a writ that lieth for Citizens or burgesses of any city or towne that haue a charter or prescription to exempt them from tolle through the whole realme if it chaunce they be any where exacted the same Fitzh nat br fol. 226. Register fol. 258. Essoine Essonium commeth of the French Essoniè or exonniè i. causarius miles he that hath his presence forborne or excused vpon any iust cause as sicknesse or other incumbrance It signifieth in our common lawe an alledgement of an excuse for him that is summoned or sought for to appeare and answer to an action reall or to performe suite to a court baron vpon iust cause of absence It is as much as excusatio with the Ciuilians The causes that serue to Essoine any man summoned be diuers infinite yet drawne to fiue heads whereof the first is vltra mare the second de terra sancta the third de malo vemendi which is also called the common Essoine the fourth is de malo lecti the fifth de seruitio Regis For further knowledge of these I referre you to Glanvile in his whole first booke and Bracton li. 5. tractat 2. per totum and Brittan ca. 122. 123. 124. 125. and to Horns mirrour of Iustices li. 1. ca. des Essoinis who maketh mention of some more Essoines touching the seruice of the king celestiall then the rest doe and of some other points not vnworthie to be knowne Of these essoines you may reade farder in Fleta l. 6. c. 8. seqq that these came to vs frō the Normans is well shewed by the Grand Custumarie where you may find in a maner all said that our lawyers haue of this mater cap. 39. 40. 41. 42. 43. 44.
45. Essoines and profers anno 32. H. 8. cap. 21. See Profer Essonio de malo lecti is a writ directed to the Shyreeue for the sending of 4. lawfull knights to view one that hath essoined himselfe de malo lecti Register orig fol. 8. b. Establishment of dower seemeth to be the assurance of dower made to the wife by the husband or his freinds before or at mariage And assignement is the setting it out by the heire afterward according to the Establishment Britton cap. 102. 103. Estandard or Standard commeth of the French Estandart or Estendart i. signum vexillum It signifieth an Ensigne in warre as well with vs as with them But it is also vsed for the principall or standing measure of the King to the scantling whereof all the measures through the land are or ought to be framed by the Clerk of the market Aulneger or other officer according to their functions For it was established by the statute of Magna charta anno 6. H. 3. ca. 9. that there should be but one scantlin of weights or measures thorough the whole realme which is sit hence confirmed by Anno 14. Ed. 3. ca. 12. and many other statutes as also that all should be fitted to the Standard sealed with the kings seale It is not called a Standard without great reason because it standeth constant and immoueable and hath all other measures comming toward it for their conformitie euen as souldiours in field haue their Standard or colours for their direction in their march or skirmish Of these Standards and measures reade Britton cap. 30. Estate commeth of the French Estat i. conditio and signifieth especially in our cōmon lawe that title or interest which a man hath in lands or tenements as estate simple otherwise called fee simple and estate conditionall or vpon condition which is as Litleton saith li. 3. ca. 5. either vpon condition indeede or vpon condition in lawe Estate vpon condition in deede is where a man by deede indented infeoffeth another in fee reseruing to him and to his heires yearelie a certaine rent paiable at one feast or at diuers vpon condition that if the rent be behind c. that it shall be lawfull to the feoffour and to his heires to enter in the lands or tenements c. Estate vpon condition in lawe is such as hath a consideration in the lawe annexed to it though it be not specified in writing For example if a man graunt to another by his deed the office of a Parkership for terme of his life this estate is vpon condition in the lawe or imploied by lawe viz. if the Parker so long shall wel and truly keepe the parke c. I reade also of an estate particular which is an estate for life or for yeares Parkins Surrenders 581. Estopel seemeth to come from the French estouper i. oppilare obturare stipare obstipare and signifieth in our common lawe an impediment or barre of an action growing from his owne fact that hath or otherwise might haue had his action for example A tenent maketh a feofment by collusion to one the Lord accepteth the seruices of the feoffee by this he debarreth himselfe of the wardship of his tenents heire Fitz. nat br fo 142. K. Diuers other examples might be shewed out of him and Brooke h. titule Sir Edward Cooke lib. 2. casu Goddard fol. 4. b. defineth an estopel to be a barre or hindrance vnto one to pleade the truth and restraineth it not to the impediment giuen to a man by his owne act onely but by anothers also li. 3. The case of Fines fol. 88. a. Estovers Estoverium commeth of the French estouver 1. fovere and signifieth in our common lawe nourishment or maintenance for example Bracton lib. 3. tractat 2. cap. 18. num 2. vseth it for that sustenance which a man taken for felonie is to haue out of his lands or goods for himselfe and his family during his imprisonment and the statute anno 6. Ed. prim cap. 3. vseth it for an allowance in meate or cloath It is also vsed for certaine allowances of wood to be taken out of another mans woods So is it vsed West 2. cap. 25. anno 13. Edw. 1. M. West parte 2. symbol titulo Fines sect 26. saith that the name of Estovers containeth housebote hay-bote and plow-bote as if he haue in his graunt these generall words De rationabili estoverio in boscis c. he may thereby clay me these three Estrepement or Estripament estrepementum commeth of the French word estropier i. mutilare obtruncare the which word the French men haue also borowed of the Italians or rather Spaniards with whome Estropear signifieth to set vpon the racke It signifieth in our common lawe spoile made by the tenent for terme of life vpon any lands or woods to the preiudice of him in the reversion as namely in the statute anno 6. Ed. 1. ca. 13. And it may seeme by the deriuation that Estrepament is properly the vnm easurable soaking or drawing of the heart of the land by ploughing or sowing it continually without manuring or other such vsage as is requisite in good husbandrie And yet Estropier signifying mutilare it may no lesse conueniently be applied to those that cut downe trees or loppe them farder then the lawe will beare This signifieth also a writte which lieth in two sorts the one is when a man hauing an action depending as a fordom or dum fuit infra aetatem or writ of right or any such other wherein the demandant is not to recouer dammages sieweth to inhibite the tenent for making waste during the suite The other sort is for the demaundant that is adiudged to recouer seisin of the land in question and before executiō siewed by the writ Habere facias seisinam for feare of waste to be made before he can get possession sieweth out this writ See more of this in Fitzh nat br fol. 60. 61. See the Register orig fol. 76. and the Regist iudicial fol. 33. Estreate extractum vel extracta commeth of the French Traict which among other things signifieth a figure or resemblance and is vsed in our common lawe for the copie or true note of an originall writing For example of amerciaments or penalties set downe in the rolles of a court to be leauied by the Bay liffe or other officer of euery man for his offence See Fitzh nat br fol. 75. H. I. K. 76. A. And so is it vsed Westm 2. cap. 8. anno 13. Edw. 1. Estrey extrahura in our common law signifieth any beast not wilde found within any Lordship and not owned by any man For in this case if it being cried according to lawe in the market townes adioyning shall not be claimed by the owner within a yeare and a day it is the Lords of the soyle See Britton cap. 17. See Estrayes in the Forest anno 27. H. 8. cap. 7. New booke of Entries verbo Trespas concernant estrey Evidence
See Fitzh nat br fol. 198. L. Exigendarie of the common banke Exigendarius de banco comuni is otherwise called Exigenter anno 10. H. 6. cap. 4. and is an officer belonging to that court for the which see Exigenter Exigent Exigenda is a writ that lyeth where the defendant in an action personall cannot be found nor any thing within the county whereby to be attached or distrained and is directed to the Shyreeue to proclaime and call fiue county daies one after another charging him to appeare vnder the paine of outlawrie Termes of the law This writ lyeth also in an indictment of felony where the party indicted cannot be found Smith de Rep. Angl. li. 2. ca. 19. It seemeth to be called an Exigent because it exacteth the party that is requireth his expearance or forth-comming to answer the lawe for if he come not at the last daies proclamation he is saide to be quinquies exactus and then is outlawed Crompton Iurisd fol. 188. and this M. Manwood also setteth downe for the law of the forest parte i. of his forest lawes pag. 71. See the new booke of Entries verbo Exigent Exigenter Exigendarius anno 18. H. 6. ca. 9. is an officer of the court of common plees of whom there be foure in number They make all Exigents and proclamations in all actions where proces of outlawrie doth lie and writs of supersedeas as well as the protonotaries vpon such exigents as were made in their offices Ex mero motu are words formally vsed in any charter of the Prince whereby he signifieth that he doth that which is cōtained in the charter of his owne will and motion without petition or suggestion made by any other And the effect of these words are to barre al exceptions that might be taken vnto the instrument wherein they be contained by alledging that the Prince in passing that charter was abused by any false suggestion Kitchin fol. 151. Exoneratione sectae is a writ that lyeth for the kings ward to be disburdened of all suite c. to the Countie Hundred Leet or court Baron during the time of his wardship Fitz. nat br fol. 158. Exparte latis is a writ that lyeth for a Bayliffe or Receiuer that hauing Auditours assigned to heare his accompt cannot obtaine of them reasonable allowance but is cast into prison by them Regist fol. 137. Fitzh nat br fol. 129. The maner in this case is to take this writ out of the Chauncerie directed to the Shyreeue to take foure mainperuours to bring his bodie before the Barons of the Echequer at a day certaine to warn the Lord to appeare at that time Newe Tearmes of the lawe verb. Accompt Expectant is vsed in the common lawe with this word fee and thus vsed it is opposite to Fee-simple For example lands are giuen to a man and his wife in franke mariage to haue and to hold to them and their heires In this case they haue Fee simple But if it be giuen to them and the heires of their body c. they haue tayle and see expectant Kitchin fol. 153. Mathaeus de afflictis vseth the Adiectiue expectativa substantiuely in the same signification Descis 292. num 2. pag. 412. Explees See Espleese Expeditate expeditare is a word vsuall in the Forest signifiing to cut out the balles of the great dogges feet for the preseruation of the Kings game Euery one that keepeth any great dogges not expeditated forfeiteth to the king 3. shillings 4. pence Crompt iurisd fol. 152. M. Manwood vseth the same word parte prim of his Forest lawes pag. 205. and pag. 212. he setteth downe the manner of expeditating dogges heretofore viz. Quòd tres ortelli abscindantur sine pellota de pede anteriori i. that the three clawes of the sorefoot on the right side shall be cut off by the skinne whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same maner of expeditating of dogges shall be still vsed and kept and none other Quaere whence it groweth that M. Crompton and hee differ the one saying that the ball of the foote it cut out the other that the three foreclawes are pared off by the skinne Expensis militum levandis is a writ directed to the shyrecue for levying the allowance for Knights of the Parlament Register original fol. 191. b. Expensis militum non levandis ab hominibus de antiquo dominico nec à natiuis is a writ whereby to prohibite the Shyreeue from levying any allowance for the Knights of the Shire vpon those that hold in auncient demesn c. Regist orig fol. 261. b. Extend extendere commeth of the French estendre i. dilatare dispandere distendere and signifieth in our common lawe to valew the lands or tenements of one bound by statute c. that hath forfeited his bond to such an indifferent rate as by the yearely rent the obligour may in time be paide his debt The course and circumstances of this see in Fitzh nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a writ ordinarily called a writ of extent whereby the valew of lands c. is commaunded to be made and leavied in divers cases which see in the table of the Register originall Extent extenta hath two significations sometime signifiing a writ or commission to the shyreeue for the valuing of lands or tenements Register iudiciall in the Table of the booke sometime the act of the Shyreeue or other Commissioner vpon this writ Brooke titulo Extent fol. 313. Extinguishment in our common law signifieth an effect of consolidation For example if a man haue due vnto him a yearely rent out of any lands and afterward purchase the same lands now both the property and rent are consolidated or vnited in one possessour and therefore the rent is said to be extinguished In like maner it is where a man hath a lease for yeares and afterwards buyeth the property this is a consolidation of the property and the fruites and is an extinguishment of the lease See the terms of lawe Extirpatione is a writ Iudiciall that lyeth against him who after a verdict found against him for land c. doth maliciously ouerthrow any house vpon it c. and it is two-fold one ante iudicium the other post iudicium Register iudiciall fol. 13. 56. 58. Extortion Extortio signifieth in our common law an vnlawfull or violent wringing of mony or mony worth from any man For example if any officer by terrifiing any the kings subiects in his office take more then his ordinary duties he committeth and is inditeable of extortion To this by M. Wests iudgment may be referred the exaction of vnlawfull vsurie winning by vnlawfull games and in one word all taking of more then is due by colour or pretence of right as excessiue tolle in milners excessiue prices of ale bread victuals wares c. West parte 2. Simbol titulo Indictments sect 65. M
Manwood saith that extortion is Colore officis and not virtute officii parte 1. of his forest lawes pag. 216. M. Crompton in his Iustice of peace fol. 8. hath these words in effect wrong done by any man is properly a trespas but excessiue wrong done by any is called extortion and this is most properly in officers as Shyreeues Maiors Baylifes Escheatours and other officers whatsoeuer that by colour of their office worke great oppression and excessiue wrong vnto the Kings subiects in taking excessiue rewarde or fees for the execution of their office Great diuersity of cases touching extortion you may see in Cromptons Iustice of peace fol. 48. b. 49. 50. See the difference betweene colore officij virtute vel ratione officij Plowd casu Dives fol. 64. a. This word is vsed in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Iudex cogit aliquod sibi dari quod non est debitum vel quodest vltrà debitum vel ante tempus petit id quod post administratam iustitiam debetur Extreats See Estreats Eyre See Eire F FAculty facultas as it is restrained from the original and actiue signification to a particular vnderstanding in lawe is vsed for a priuiledge or especiall power graunted vnto a man by fauour indulgence and dispensation to do that which by the common lawe he cannot doe as to eate flesh vpon daies prohibited to mary without bans first asked to hold two or more ecclesiasticall liuings the sonne to succeede the father in a benefice and such like And for the graunting of these there is an especiall officer vnder the Archbishop of Canterbury called Magister ad facultates the Master of the faculties Fag anno 4. Ed. 4. cap. 1. Faint and false action seeme to be Synonima in Litleton fol. 144. For faint in the French tongue signifieth as much as fained in English Faint pleader falsa placitatio commeth of the French feint a participle of the verbe feindre i. simulare fingere and pledoir i. placitare It signifieth with vs a false covenous or collusory maner of pleading to the deceipt of a third partie anno 34. 35. H. 8. cap. 24. Faire aliás Feire feria commeth of the French foire and signifieth with vs as much as Nundinae with the Civilians that is a solemne or greater sort of market granted to any towne by priuiledge for the more speedie and commodious prouision of such things as the subiect needeth or the vtterance of such things as we abound in aboue our owne vses and occasions both our English and the French word seeme to come of Feriae because it is alwaies incident to the priuiledge of a Faire that a man may not be arested or molested in it for any other debt then first was contracted in the same or at least was promised to be payed there an 17. Ed. 4. cap. 2. anno 1. R. 3. cap. 6. Faire pleading see Beau pleader Faitours seemeth to be a French word antiquated or something traduced For the moderne French word is faiseur i. factor It is vsed in the statute anno 7. R. 2. cap. 5. And in the euill part signifying a bad doer Or it may not improbably be interpreted an idle liuer taken from faitardise which signifieth a kind of numme or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabound Falke land aliâs Folke land See Copi-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasse coÌ„mitted against a man by imprisoning him without lawefull cause it is also vsed for the writ which is brought vpon this trespasse Fitz nat br fol. 86. K. 88. P. v. Broke h. t. See the new booke of Entries verbo False imprisonment Falso iudicio is a writ that lyeth for false iudgement giuen in the county Hundred Court Baron or other courts being no court of record be the plea reall or personall Register originall fol. 15 Fitzh nat br fol. 17. See the new booke of Entries verbo False iudgement False prophecies See Prophecies Falso returno breâ—â—im is a writ lying against the Syreeue for false returning of writs Register iudic fo 43. b. Falsifie seemeth to signifie as much as to proue a thing to be false Perkins Dower 383. 384. 385. Farding or farthing of golde seemeth to be a come vsed in auncient times containing in valew the fourth part of a noble viz. twenty pence siluer and in weight the sixth part of an ounce of gould that is of fiue shillings in siluer which is threepence and something more This word is is found anno 9. H. 5. stat 2. ca. 7. thus Item that the king doe to be ordained good and iust weight of the noble halfe noble and farthing of gould with the rates necessary to the same for euery city c. by which place it plainly appeareth to haue bene a coine as well as the noble and halfe noble Farding deale aliâs Farundell of land Quadrantata terrae signifieth the fourth part of an acre Crompt Iurisd fol. 220. Quadrantata terrae is read in the register orig fol. 1. b. where you haue also Denariata â—bolata solidata librata terrae which by probabilitie must rise in proportion of quantitie from the farding deale as an halfepeny peny shilling or pound rise in valew and estimation then must â—bolata be halfe an acre denariata the acre solidata twelue acres librata twelue score acres and yet I find viginti libratas terrae vel reditus Regist original fol. 94. a fol. 248. b. Whereby it seemeth that librata terrae is so much as yeeldeth twenty shillings per annum and centum soliditas terrarum tenement orum redituum fol. 249. a. And in Fitz. nat br fol. 87. F. I find these words viginti libratas terrae vel reditus which argueth it to be so much land as twenty shillings per annum See Furlong Fate or Fat is a great wooden vessell which among brewers in London is ordinarily vsed at this day to measure mault by containing a quarter which they haue for expedition in measuring This word is read anno 1. H. 5. cap. 10. anno 11. H. 6. cap. 8. Fealtie fidelitas commeth of the French feaulte i. fides and signifieth in our common lawe an oath taken at the admittance of euery tenent to be true to the Lord of whom he holdeth his land And he that holdeth land by this onely oath of fealty holdeth in the freest maner that any man in England vnder the king may hold because all with vs that haue fee hold per fidem fiduciam that is by fealtie at the least Smith de Repub. Anglor li. 3. cap. 8. for fidelitas est de substantia feudi as Dwarenus saith de feud cap. 2. num 4. and Mathaeus de afflictis decis 320.
num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of this oath as it is vsed among the feudists you may reade well expressed by Zasius in his Tractate de feudis part 7. num 15. 16. which is woorth the comparing with the vsuall oath taken here in our part of Britannie This fealtie is also vsed in other nations as the Lombards and Burgundians Cassanaus de consuet Burgund pag. 419. 420. And indeed the very first creation of this tenure as it grew from the loue of the lord toward his followers so did it bind the tenent to fidelitie as appeareth by the whole course of the feods And the breach thereof is losse of the fee. Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecius in tract de feudis cap. 15. num 4 seqq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hotoman in his Commentaries De verbis feudalibus sheweth a double fealtie one generall to be performed by euery subiect to his prince the other speciall required only of such as in respect of their fee are tyed by this oath toward their landlords both we may reade of in the grand Customary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Vnde tenentur se ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec eius inimicis praebere contra ipsum consilium vel iuvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Vnde nullus homag ium vel fidelitatem alicuius potest recipere nisi salva Principis fideliiate Quod etiam est in eorum receptione specialiter exprimendum Inter Dominos autem alios homines fides taliter debet obseruari quòd neuter in personam alterius personalem violentiam seu percussionis iniectionem cum violeÌ„tia debet irrogari Si quis eâ—â—m eoruÌ„ ex hoc fuerit accusatus in curia conuictus feudum omne debet amittere c. This fealty speciall is with vs performed either by free men or by villeines The forme of both see anno 14. Ed. 1. stat 2. in these words when a freeman shall doe fealty to his lord he shall hould his right hand vpon a booke and shal say thus Heare you my lord R. that I. P. shal be to you both faithfull and true and shall owe my fealty to you for the land that I hould of you at the terms assigned So help me god and all his saints When a villaine shall doe fealty vnto his lord he shall hould his right hand ouer the booke and shall say thus Heare you my lord A. that I. B. from this day forth vnto you shal be true and faithfull and shall owe you fealty for the land that I hould of you in villenage and shal be iustified by you in body and goods So helpe me god all his Saints See the Register originall fol. 302. a. Fee Feodum aliâs Feudum commeth of the French Fief i. praedium beneficiarium vel res clientelaris and is vsed in our common lawe for all those lands which we hold by perpetuall right as Hotoman well noteth verbo Feodumide verbis fâ—udalibus our auncient lawyers either not obseruing wheÌ„ce the word grew or at the least not sufficieÌ„tly expressing their knowledge what it signified among them from whome they tooke it Feudum whence the word Fief or fee commeth signifieth in the German language beneficium cuius nomine opera quaedam gratiae testifieandae causa debentur Hotoman disput ca. 1. And by this name goe all lands tenements that are held by any acknowledgement of any superioritie to a higher Lord. They that write of this subiect doe diuide all lands and tenements wherein a man hath a perpetuall estate to him and his heires c into Allodium Feudum Allodium is defined to be euerie mans owne land c. which he possesseth meerely in his owne right without acknowledgement of any seruice or paiment of any rent vnto any other and this is a propertie in the highest degree and of some it is called allaudium ab a privatiua particula laudum vel laudatio vt sit praedium cuius nullus author est nisi deus Est enim laudare vel Nouio teste nominare Quod Budaeus docuit ad Modestinum l. Herennius 63. Î . de haere institu Prataeus verbo Allaudium Hotoman in verb. feuda Feudum is that which we hold by the benefite of another and in the name whereof we owe seruice or pay rent or both to a superior lord And all our land here in England the Crowne land which is in the kings owne hands in the right of his crowne excepted is in the nature of Feudum or fee for though many a man hath land by descent from his Auncestors and many another hath dearely boughtland for his money yet is the land of such nature that it cannot come to any either by discent or purchase but with the burtheÌ„ that was laid vpon him who had novel fee or first of all receiued it as a benefite from his Lord to him and to all such to whome it might discend or any way be conueied from him So that if we will reckon with our host as the proverbe is there is no man here that hath directum dominium i. the very propertie or demaine in in any land but the prince in the right of his crowne Camd. Britan pag. 93. for though he that hath fee hath ius perpetuum vtile dominium yet he oweth a dutie for it therefore is it not simply his owne Which thing I take those words that we vse for the expressing of our deepest right 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 demaine as of fee. Seisitus inde in dominico meo vt de feudo and that is as much as if he said it is my demaine or proper land after a sort because it is to me and mine heires forever yet not simply mine because I hold it in the nature of a benefite from another yet the statute anno 37. H. 8. ca. 16. vseth these words of lands invested in the crowne but it proceedeth from the ignorance of the nature of this word fee for fee cannot be without fealty sworne to a superiour as you may reade partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman
Frauk almoine libera Eleemozyna in french frank Ausmone signifieth in our common lawe a tenure or title of lands Britton cap. 66. nu 5. saith thus of it Franke almoyne is lands or tenements bestowed vpon God that is giuen to such people as bestow themselues in the seruice of God for pure and perpetuall almes whence the feoffours or giuers cannot demaund any terrestriall seruice so long as the lands c. remaine in the handes of the feoffees With this agreeth the grand custumary of Normandie cap. 32. Of this you may reade Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol. 211. See the new booke of Entries verbo Franke Almoine But Britton maketh another kind of this land c. which is giuen in almes but not free almes because the tenents in this are tyed in certain seruices to the feoffor Pritton vbisupra Frank bank francus bancus in true french franc banc signifieth word for word a free bench or seate and among our lawe writers it seemeth to be vsed for copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol. 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these wordes Consuetudo est in partibus illis quòd vxores maritorum defunctorum habeant francum bancum suum de terris sockmannorum tenent nomine dotis Fitzher calleth it a custome whereby in certaine cities the wise shall haue her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a libertie of free chase whereby all men hauing ground within that compasse are prohibited to cut downe wood or discouer c. without the view of the forester though it be his owne demesne Cromptons Iurisdictions fol. 187. Frank fee feudum francum seu liberum is by Brooke tit Dimesn num 32. thus expressed That which is in the hand of the King or Lord of any maner being auncient demesn of the Crowne viz. the Demesnes is called frank fee and that which is in the hands of the tenents is auncient demesn onely see the Register original fol. 12. a. Whereby it seemeth that that is frank see which a man holdeth at the common lawe to himselfe and his heires and not by such seruice as is required in auncient demesn according to the custome of the maner And again I find in the same booke fol. 14. b. a note to this effect that the lands which were in the handes of king Edward the Saint at the making of the booke called Doomesday is auncient demesn and that all the rest in the realme is called frank fee with the which note Fitzherb agreeth na br fol. 161. E. So that all the land in the realme by this reason is either auncient demesn or frank fee. The new expounder of the lawe termes defineth frank fee to be a tanure in fee simple of lands pleadable at the common lawe and not in auncient demesn See Fachineus lib. 7. cap. 39. who defineth feudum francum esse pro quo nullum seruitium praestatur Domino with whom agreeth Zasius de fendis parte 12. saying that therefore it is feudum improprium quia ab omni seruitio liberum Frank ferme Firma libera is land or tenement wherein the nature of fee is chaunged by feofment out of knights seruice for certaine yearely seruices and whence neither homage wardship mariage nor releife may be demaunded nor any other seruice not contained in the feofment Britton ca. 66. nu 3. see Fee ferme Frank law libera lex See Cromptons Iustice of peace fol. 156. b. where you shall finde what it is by the contrary For he that for an offence as conspiracy c. leeseth his franke lawe is said to fall into these mischiefs first that he may neuer be impaneled vppon any iury or assise or otherwise vsed in testifiing any truth Next if he haue any thing to doe in the kings court he must not approch thither in person but must appoint his attourney Thirdly his lands goods and chatelsmust be seised into the kings hands and his lands must be estreaped his trees rooted vp and his body committed to prison For this the said authour citeth the booke of Assises fo 59. Conspiracy F. 11. 24. Ed. 3. fo 34. See Conspiracy Frank mariage liberū maritagiū is a tenurein taile speciall growing from these words in the gift comprised Sciant c. me M. H de W. dedrsse concessisse praesenti charta mea confirmasse I. A. filio meo Margeriae vxori eius filiae verae T. N. in liberū marit agium vnum messuagium c. West parte i. Symbol li. 2. sect 303. The effect of which words is that they shall haue the land to them and the heires of their bodies and shall doe no fealty to the donour vntill the fourth degree See new Terms of law Glanuile li. 7. ca. 18. Bracton li. 2. ca. 7. nu 4. where he diuideth maritagium in liberum seruitio obligatum See Mariage Fleta giueth this reason why the heires doe no seruice vntill the fourth discent ne donatores vel eorum haeredes per homagii receptionem a reuersione repellantur And why in the fourth discent and downeward they shall doe seruice to the donour quia in quarto gradu vehementer praesumitur quòd terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frankpledge Franoiplegium is compounded of Franc. i. liber and pleige i. fideiussor and signifieth in our common law a pledge or surety for free men For the auncient custome of England for the preseruation of the publique peace was that euery free borne man at fourteene yeares of age after Bracton religious persons clerks knights and their eldest sonnes excepted should finde suerty for his truth toward the King and his subiects or else be kept in prison whereupon a certaine number of neighbours became customably bound one for another to see each man of their pledge forthcomming at all times or to answere the transgression committed by any broken away So that whosoeuer offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his aunswere or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. houshouldes And euery particular person thus mutually bound for himselfe and his neighbours was called Decennier because he was of one Decenna or another This custome was so kept that the shyreeues at euery county court did from time to time take the oaths of yonge ones as they grew to the age of 14. yeares and see that he were combined in one dozen or another whereupon this braunch of the shyreeues authority was called visus Franciplegu view of frankpledge See
the statute for view of Frankpledge made anno 18. Ed. 1 See Deoennier Leete vew of Frankpledge and Freoborghe That this discipline is borowed by vs of the Romane Emperours or rather Lombards appeareth most manifestly in the second booke of Feuds ca. 53. vpon which if you reade Hotoman with those authors that he there recordeth you will thinke your labour well bestowed Reade more of this viz. what articles were wont to be inquired of in this court in Hornes mirrour of Iustices li. 1. ca. de la veneudes francs pleges and what these articles were in auncient times see in Fleta li. 2. ca. 52. Fredwit See Fletwit Free chapell libera Capella by some opinion is a chapell founded within a parish for the seruice of God by the deuotion and liberalitie of some good man ouer and aboue the mother Church vnto the which it was free for the parishioners to com or not to come ēdowed with maintenance by the founder and therevpon called free I haue heard others say and more probably that those only be free chapels that are of the Kings foundation and by him exempted from the Iurisdiction of the Ordinarie but the King may licence a subiect to found such a chapell and by his charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the iurisdiction of the Diocesan appeareth by the Register originall fol. 40. 41. These chapels were all giuen to the King with chaunteries anno 1. Ed. 6. ca. 14. Free chapell of Saint Martin le grand anno 3. Eduardi 4. capite quarto anno 4. Eduard quarti ca. 7. Free hould liberum tenemētum is that land or tenement which a man holdeth in see see taile or at the least for terme of life Bract. li. 2. ca. 9. The newe expounder of the lawe termes saith that free hold is of 2. sorts Freehould in deede and freehold in lawe Freehold in deede is the reall possession of land or tenements in fee fee tayle or for life Freehould in lawe is the right that a man hath to such land or tenements before his entry or seisure I haue heard it likewise extended to those offices which a man holdeth either infee or for terme of life Britton defineth it to this effect Frank tenement is a possession of the soile or seruices issuing out of the soile which a free man holdeth in fee to him and his heires or at the least for tearme of his life though the soile be charged with free services or others ca. 32. Free hold is sometime taken in opposition to villenage Bract. li 4. ca. 37. 38. M. Lamberd in his explication of Saxon words verbo Terra ex scripto saith that land in the Saxons time was called either Bockland that is holden by booke or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the beter sort of tenents as noble men and gentlemen being such as we nowe call free hould the later was commonly in the possession of clownes being that which wee nowe call at the will of the Lord I finde in the Register iudiciall fol. 68. a. and in diuers other places that he which holdeth land vpon an execution of a Statute merchant vntill he be satisfied the debt tenet vt liberum tenementum sibi assignatis suis and fol. 73. b. I reade the same of a tenent per elegit where I thinke the meaning is not that such tenents be free-houlders but as freehoulders for their time that is vntill they haue gathered profits to the value of their debt Freehoulders in the auncient lawes of Scotland were called Milites Skene de verb. signif verb. Milites The D. Student saith that the possession of land after the lawe of England is called franck tenement or free hould fol. 97. a. Frenchman Francigena was wont to be vsed for euerie out-landish man Bracton lib. 3. tract 2. cap. 15. See Englecerie Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta li. 1. ca. 47. Frendles maen was wont to be the Saxon word for him whome we call an outlawe And the reason thereof I take to be because he was vpon his exclusion from the kings peace and protection denied all helpe of freinds after certaine daies Nam forisfecit amicos Bract. li. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli vtlaugh alio nomine antiquitùs solet nominari sc Frendles man sic videtur quod forisfecit amicos vnde st quis talem post vtlagariam expulsionem scienter paverit receptaverit vel scienter cōmunicaverit aliquo modo vel receptauerit veloccultauerit eadem paenâ puniri debet quâ puniretur vtlagatus ita quòd careat omnibus bonis suis vita nisi Rex et parcat de sua gratia 〈◊〉 Fresh disseisin Frisca disseisina commeth of the french Fraiz 1. recens and disseisir i. posessione eiicere It seemeth to signifie in our common law that disseisin that a man may seeke to defeate of himselfe and by his owne power without the helpe of the king or his iudges Britton ca. 5. that is such disseisin as is not aboue 15. daies olde Bract. li. 4. ca. 5. whome you may reade at large of this mater concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a yeare See him also ca. 44. Fresh fine is that which was levied within a yeare past Westm 2. cap. 45. an 13. Ed. 1. Fresh force Frisca fortia is a force done within 40. daies as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any city or borough or deforced from them after the death of his auncester to whome he is heire or after the death of his tenent for life or in taile he may within 40. daies after his title accrued haue a bille out of the chauncerie to the Mayor c. See the rest Fresh suite recens insecutio is such a present and earnest following of an offendour as neuer ceaseth from the time of the offence committed or espied vntill he be apprehended And the effect of this in the pursuite of a felon is that the partie persiewing shall haue his goods restored him agine whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall finde handled at large what suite is to be accounted fresh and what not And the same author in his first booke cap. 27. saith that fresh suite may continue for seuen yeres See Cookes reportes l. 3. Rigewaies case Fresh suite seemeth to be either within the view or without for M. Manwood saith that vpon fresh suite within the view trespassers in the forest may be attached by the efficers persiewing them though without the limits
enabled to hould certaine plees of land within their owne precincts This word Gildes or Guildes is so vsed anno 37. Ed. 3. ca. 51. anno 15. R. 2. cap. 5. And Gildhalda Teutonicorum is vsed for the fraternity of easterling merchaunts in London called the stilyard anno 22. H. 8. cap. octauo Ginger Zinziber is a spice well knowne being the roote of a plant that groweth in hot countries as Spaine Barbary c. The true forme whereof you haue expressed in Gerards herball li. 1. ca. 38. This is a spice whose roote is to be garbled anno 1. Iaco. ca. 19. Ginny peper piper de Ginnea is otherwise called Indian peper of the place whence it commeth The nature and farder description whereof you haue in Gerards herball lib. 2. ca. 66. This you haue mentioned among drugs and spices to be garbled in the statute i. Iaco. ca. 19. Gisarms anno 13. Ed. 1. stat 3. cap. 6. is a kinde of weapon Flet a writeth it Sisarmes lib. 1. ca. 24 § item quod quilibet Glaunce Ore Plowden casu Mines fo 320. b. Glanuill was a learned lawyer that was Chiefe Iustice in Henry the seconds dayes and writte a booke of the common lawes of England which is the auncientest of any extant touching that subiect Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He died in Richard the first his daies at the citie of Acres in the coast of Iury being with him in his voyage to the holy land Plowden casu Stowel fol. 368. b. Goe is vsed sometime in a speciall signification in our cōmon lawe as to go to God is to be dismissed the court Broke titulo Fayler de records num 1. Goe forward seemeth also to be a signe giuen by a Iudge to the Sergeant or Counceler pleading the cause of his client that his cause is not good For when he standeth vpon a point of lawe and heareth those words of the Iudges mouth he taketh vnderstanding that he looseth the action Smith de Repub. Anglo lib. 2. cap. 13. To go without day is as much as to be dismissed the court Kitchin fol. 193. Good behauiour See Good abearing Good abearing Bonus gestus is by an especiall signification an exact cariage or behauiour of a subiect toward the king and his liege people whereunto men vpon their euill course of life or loose demeanure are sometimes bound For as M. Lamberd in his Eirenarcha lib. 2. cap. 2. saith he that is bound to this is more strictly bound then to the peace because where the peace is not broken without an affray or batterie or such like this suretie de bono gestu may be forfeited by the number of a mans company or by his or their weapons or harnesse Where of see more in that learned Writer in the same chapter as also in M. Cromptons Iustice of peace fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127. Good country Bona patria is an Assise or Iury of country men or good neighbours Skene de verbo signif verbo Bona patria Graffer grafarius signifieth as much as a notarie or scriuener It commeth of the French greffier i. scriba actuarius This word is vsed in the statute anno 5. H. 8. c. 1. Graines grana paradisi aliâs Cardamomum is a spice medicinable and wholesome whereof you may see diuers kindes in Gerards herball l. 3. ca. 148. These are cōprised among merchādise that be to be garbled an◠I. c. 19. Grand assise See Assise and Magna assisa Grand Cape see Cape and Attachment Grand Sergeanty See Chyvalrie Seargeantye Grand distresse Magna destrictio is a distresse taken of all the lands and goods that a man hath within the county or bayliwicke whence he is to be distrained Fleta li. 2. ca. 69. § penult See Distresse This word is vsed anno 51. H. 3. ca. 9. This falleth out when the defendant hath been attached and yet appeareth not vpō his attachment or whē he appeareth afterward makes default For then the Shyreeue is commanded to distreine the Defendant by all his goods and chatels and to answer the king the issues of his lands Grange grangia is a house or building not onely where corne is laide vp as barns be but also where there be stables for horses stalles for oxen and other catell sties for hogs and other things necessary for husbandry Lindwood ca. item omnes de iudiciis verbo Graungus in glossa Graunt Concessio grantum Glanvile signifieth specially in our common law a gift in writing of such a thing as cannot aptly be passed or conueyed by word only as rent reversions seruices advowsens in grosse common in grosse villein in grosse tythes c. or made by such persons as cannot giue but by deede as the king and all bodies politique which differences be often in speech neglected and then is it taken generally for euerry gift whatsoeuer made of any thing by any person and he that graunteth it is named the grauntour and he to whome it is made the Grauntee West parte i. symbol lib. 2. sect 334. A thing is said to lie in graunte which cannot be assigned with out deede Coke l. 3. Lincolnes Coll. case f. 63. a. Greate men are sometimes vnderstood of the laity of the higher house of parlament as anno 43. Ed. 3. ca. 2. anno 8. R. 2. in prooem and sometime of the knights c. of the lower house as anno 2. R. 2. stat 2. in princip Gree commeth of the French Grè i. sententia beneplaecitum It signifieth in our common law contentment or good liking as to make gree to the parties is to satisfie them for an offence done anno 1. Rich. 2. cap. 15. Greachbreach is breaking of the peace Saxon in the descriptiion of England ca. 11. v. Rastal titulo exposition of words The new expounder of lawe termes writeth it Grichbreach and giueth it the same signification See Greve Greene hewe is all one with vert Manwood parte 2. of his forest lawes cap. 6. nu 5. See Vert. Greene waxe seemeth to be vsed for estretes deliuered to Shyreeues out of the exchequer vnder the seale of that court to be levied in the county anno 42. Ed. 3. ca. 9. anno 7. H. 4. cap. 3. See Forein apposer Greue praepositus is a word of power and authoritie signifiing as much as Dominus or praefectus Lamberd in his exposi of Saxon words verbo Praefectus Where he seemeth to make it all one with Reve as I thinke vndoubtedly it is The Saxon word is Gerefa whereof we haue diuers words compounded as Shyreeue Portgreave c. which were wont of the Saxons to be written Scyrgerefa Portgerefa See Shyreeue and Portgreve See Roger Hoveden parte poster suorum annal fo 346. b. where he saith thus Greue dicitur ideo quod iure debeat grithe i. pacem ex illis facere qui patriae inferunt Vae i. miseriam vel malum Grithbreach
is a breach of peace For Grith is a word of the old Angles signifiing peace Roger Hovedin parte poster suorum annal fo 346. b. See Greachbreach Grills anno 22. Ed. 4. ca. 2. Grocers be merchants that ingrosse all merchandize vendible anno 37. Ed. 3. ca. 5. Groome anno 33. H. 8. ca. 10. Valletus is the name of a seruant that serueth in some inferiour place M. Verslegan in his restitution of decayed intelligence saith that he findeth it to haue beene in times past a name for youths who albeit they serued yet were they inferiour to men seruants and were sometimes vsed to be sent on foote of errands seruing in such manner as lackies doe nowe Growme anno 43. E. ca. 10. seemeth to be an engine to stretch wollen cloth withall after it is wouen Guydage Guydāgium is that which is giuen for safe conduct through a strange territorie Cassan de consuet Bourg pag. 119. whose words be these Est Guidagiū quod datur alicui vt tutò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27. Ed. 3. stat 3. cap. vnico Fitzh nat br fol. 62. I. aliâs Goule de August Plowd casu Mines fo 316. b. is the very day of Saint Peterad vincula which was wont and is still within the limits of the Roman church celebrated vpon the very Kalends of August Why it should be called the gule of August I cannot otherwise coniecture but that it commeth of the latine gula or the French gueule the throate The reason of my coniecture is in Durands rationali diuinorum li. 7. ca. de festo Sancti Petri ad vincula who saith that one Quirinus a tribune hauing a daughter that had a disease in her throat went to Alexander then Pope of Rome the sixt from Saint Peter and desired of him to borow or see the cheines that Saint Peter was cheined with vnder Nero which request obteined his said daughter kissing the said cheine was cured of her disease and Quirinus with his family was baptised Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beali Petri ecclesiam in vrbe fabricavit vbi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicauit In qua festivitate populus illic ipsa vincula hodie osculatur So that this day being before called onely the Kalends of August was vpon this occasion afterward termed indifferently either of the instrument that wrought this miracle Saint Peters day ad vincula or of that part of the maiden wheron the miracle was wrought the Gule of August Gultwit seemeth to be compounded of Gult i. noxa and wit which is said by some skilfull men to be an auncient termination of the words in the Saxon tongue signifiing nothing in it selfe but as dom or hood and such like be in these english words Christendom and Manhood or such others others say and it is true that wit signifieth blame or reprehension Gultwit as Saxon in his description of England ca. 11. doth interpret it is an amends for trespas Gust Hospes is vsed by Bracton for a straunger or guest that lodgeth with vs the second night lib. 3. tracta 2. ca. 10. In the lawes of Saint Edward set forth by M. Lamberd num 27. it is written Gest of this see more in Vncothe Gumme gummi is a certaine clammie or tough liquor that in maner of a swetie excrement issueth out of trees and is hardened by the sunne Of these ther be diuers sorts brought ouer seas that be drugs to be garbled as appeareth by the statute anno 1. Iaco. ca. 19. Gutter tyle alias corner tyle is a tile made three cornerwise especially to be laid in gutters or at the corners of tyled houses which you shall often see vpon douehouses at the foure corners of their rofes anno 17. Eduardi 4. ca. 4. H A HAbeas corpus is a writ the which a man indited of some trespas before Iustices of peace or in a court of any franchise and vpon his apprehension being laid in prison for the same may haue out of the kings bench thereby to remooue himselfe thither at his owne costs and to answer the cause there c. Fitzh nat br fol. 250. H. And the order is in this case first to procure a Certiorari out of the Chaūcerie directed to the said Iustices for the remoouing of the Inditemēt into the kings bench and vpon that to procure this writ to the Shyreeue for the causing of his body to be brought at a day Register iudiciall fol. 81. where you shall finde diuers cases wherein this writ is vsed Habeas corpora is a writ that lieth for the bringing in of a Iurie or so many of them as refuse to come vpon the venire facias for the tryall of a cause brought to issue old nat br fol. 157. See great diuersitie of this writ in the table of the Register Iudiciall verbo habeas corpora the new booke of Entries verbo eodem Habendum is a word of forme in a deede of conueyance to the true vnderstanding whereof you must knowe that in euery deede of conueyance there be 2. principall parts the premisses and the habendum The office of the premisses is to expresse the name of the grauntour the grauntee and the thing graunted or to be graunted The office of the habendum is to limite the estate so that the generall implication of the estate which by construction of lawe passeth in the premisses is by the habendum controlled and qualified As in a lease to two persons the habendum to one for life the remainder to the other for life altereth the generall implication of the ioynt tenancie in the freehould which should passe by the premisses if the Habendum weare not Cooke vol. 2. Bucklers case fo 55. See Vse Habere facias seisinam is a writ Iudicial which lyeth where a man hath recouered lands in the kings court directed to the Shyreeue and commaunding him to giue him seisin of the land recouered old nat br fol. 154. Termes of the lawe whereof see great diuersity also in the table of the Register Iudiciall verb. Habere facias seisinā This writ is issuing sometime out of the Records of a fine executorie directed to the Shyreeue of the countie where the land lyeth commanding him to giue to the Cognizee or his heires seisin of the land whereof the fine is levied which writ lyeth within the yeare after the fine or Iudgemēt vpon a scire facias and may be made in diuers formes West parte 2. symb titulo Fines sect 136. There is also a writ called Habere facias seisinam vbi Rex habuit annum diem vastum which is for the redeliuery of lands to the Lord of the fee after the king hath taken his due of his lands that was conuicted of felonie Register orig fol. 165.
hath with the Civilians for whereas they call him haeredem qui ex testamento succed 〈…〉 in vniuersum ius testatoris the coÌ„mon lawyers call him heire that succeedeth by right of blood in any mans lands or tenenients in fee for there is nothing passeth with vs iure haereditatis but onely fee. Moueables or chatels immoueable are giuen by testament to whom the testator listeth or else are at the disposition of the Ordinarie to be distributed as he in conscience thinketh meete Glossa in Provinciali constitut Ita quorundam De testamentis verbo Ab intestato And whether a man enioy moueable goods and chatels by will or the discretion of the Ordinarie he is not with vs called an heire but onely he that succeedeth either by testament or right of bloud in fee. Cassanaeus in consuetud Burg. pag. 909. hath a distinction of haeres which in some sort well accordeth with our lawe For he saith there is haeres sanguinis haereditatis And a man may be haeres sanguinis with vs that is heyre apparent to his father or other auncester and yet may vpon displeasure or meere will be defeated of his inheritance or at the least the greatest part thereof Heyre loome seemeth to bee compounded of heire and loome that is a frame namely to weaue in The word by time is drawne to a more generall signification then at the first it did beare comprehending all implements of houshold as namely tables presses cupbords bedsteedes wainscots and such like which by the custome of some countries hauing belonged to a house certaine descents are neuer inventaried after the decease of the owner as chatels but accrew to the heyre with the house it selfe This word is twice metaphorically vsed in that diuine speech made by that most worthy complete noble man the Earle of Northampton against that hellish vgly and damnable treason of gunpowder plotted to consume the most vertuous King that euer raigned in Europe together with his gratious Queene and pretious posteritie as also the three honorable estates of this renowned kingdome Heck is the name of an Engine to take fish in the riuer of Owse by Yorke anno 23. H. 8. cap. 18. Heinfare alias hinefare discessiofamuli à domino the word is compounded of hine a seruant and fare an old English word signifiing a passage Henchman or heinsman is a German word signifying domesticum aut vnum de familia It is vsed with vs for one that runneth on foote attending vpon a man of honour or worship anno 3. Ed. 4. cap. 5. anno 24. Henric. 8. cap. 13. Hengwite significat quiet antiaÌ„ misericordiae de latrone suspenso absque consideratione Fleta lib. prim cap. 47. See Hankwit Herauld heraldus is borowed by vs of the French herault and in M. Verstegans iudgement proceedeth originally from two Dutch words here i. exercitus and healt i. pugil magnanimus as if he should be called the Champion of the armie hauing by especiall office to chalenge vnto battell or combate With vs it signifieth an officer at armes whose function is to denounce warre to proclaime peace or otherwise to be employed by the King in martiall messages or other businesse The Romaines called them plurally Feciales M. Stow in his Annals deriueth them from heroes pag. 12. which hee hath from other that writ of that subiect whose coniecture I leaue to the reader Their office with vs is described by Polydore lib. 19. in this sort speaking of the knights of the Garter hee saith habent insuper Apparitores ministros quos heraldos dicunt quorum praefectus armorum Rex vocitatur hy belli pacis nuncii Ducibus Comitibusque à Rege factis insignia aptant ac eorum funera curant He might haue added farder that they be the Iudges and examiners of gentlemens armes that they marshall all the solemnities at the coronations of princes manage combats and such like There is also one and the same vse of them with vs and with the French nation whence we haue their name And what their office is with them see Lupanus lib. prim de Magist Francorum ca. Heraldi There be diuers of them with vs whereof three being the chiefe are called Kings at armes And of them Garter is the principall instituted and created by Henry the fifth Stowes annals pag. 584. whose office is to attend the knights of the Garter at their solemnities and to marshall the solemnities of the funerals of all the greater nobility as of Princes Dukes Marquises Earles Vicounts and Barons yet I finde in Plowden casu Reniger Fogassa that Ed. the fourth graunted the office of the king of Heralds to one Garter cum feudis proficuis ab antiquo c. fol. 12. b. The next is Clarentius ordained by Edward the fourth for he attaining the Dukedome of Clarence by the death of George his brother whom he beheaded for aspiring to the crowne made the Herald which properly belonged to the Duke of Clarence a King at armes and called him Clarentius His proper office is to marshall and dispose the funerals of all the lesser nobility as knights and Esquires through the Realme of the south side of Trent The third is Norroy or Northroy whose office is the same on the north side of Trent that Clarentius hath on this side as may well appeare by his name signifiing the northern king or king of the north parts Beside these there be sixe other properly called Heralds according to their originall as they were created to attend Dukes c. in marshall executions viz. York Lancaster Somerset Richemond Chester Windlesour Lastly there be foure other called marshals or pourswivants at armes reckoned after a sort in the number of Heralds and doe commonly succeede in the place of the Heralds as they dye or be preferred and those be Blew Mantle Rougecrosse Rougedragon and Percullâ—â— The feciales among the Romans were priests Nam N 〈…〉 Pompilius diuini cultus inst 〈…〉 nem in octo partes diuisit ita itiam sacerdotum octo ordines constunit c. SeptimaÌ„ partem sacrae constitutionis collegio corum adiccit 〈◊〉 Feciales vocantur Erant autem ex optimis domibus viri electi per omne ipsi vitae tempus sacrati quorum partes in eo versabantur vt fidei publicae inter populos praeessent neque iustum aliquod bellum fore censebatur nisi id per Feciales esset indictum Qui vt Festus ait a faciendo quòd belli pacisque faciendae apud cos ius esset Feciales dicti sunt Corasius miscel iuris ciui li. 1. ca. 10. 〈◊〉 12. Herbage herbagium is a french word and signifieth in our common lawe the fruit of the earth prouided by nature for the bitte or mouth of the catell But it is most commonly vsed for a liberty that a man hath to feede his catell in another mans ground as in the forest c. Cromptons Iurisdiction fol. 197. Herbenger commeth of the french Heberger or Esberger hesberger
i. hospitio excipere It signifieth with vs an officer of the princes court that allotteth the noble men and those of the household their lodgings It signifieth also in Kitchin an Inkeeper fol. 176. Hereditaments hereditamenta seeme to signifie all such things immoueable be they corporeall or incorporeall as a man may haue to himselfe and his heires by way of inheritance v. anno 32. H. 8. ca. 2. or not being otherwise bequeathed doe naturally and of course descend to him which is our next heire of blood and fall not within the compas of an executour or administratour as chatels doe Heriot See Hariot Hide of land Hida terrae Saxonicè Hidelandes is a certaine measure or quantitie of land by some mens opinion that may be plowed with one plowe in a yeare as the author of the newe Termes saith verbo Hidage by other men it is an hundred acres By Beda who calleth it familiā it is as much as will maintaine a familie Crompton in his Iurisdict fol. 220. saith that it consisteth of an hundred acres euery acre in length 40. perches and in breadth 4. perches everie perch 16. foote and a halfe and againe fol. 222. A hide of land conteineth an hundred acres 8. hides or 800. acres conteine a knights fee. Of this reade more in M. Lamberds Explica of Saxon wordes verbo Hyda terrae See Carue Hide and gaine old nat br fol. 71. Coke lib. 4. Tirringhams case signifieth carable land See Gainage Hidage Hidagium is an extraordinarie taxe to be paide for euery hide of land Bracton li. 2. c. 6. writeth thus of it Sunt etiam quaedam communes praestationes quae seruitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta quae ad Dominum feudi non pertinent c. of this reade the new expounder of lawe termes who saith that hidage is to be quit if the king shall taxe all the lands by hides and yet also graunteth it to be the taxe it selfe saying that it was wont to be an vsuall kind of taxing as well for prouision of armour as payments of money Hinefare See Heinfare Hidel i. H. 7. ca. 6. seeemeth to signifie a place of protection as a Sanctuarie Hierlome See Heirlome Hine seemeth to be vsed for a Seruant at husbandrie and the master hine a seruant that ouerseeth the rest anno 12. R. 2. ca. quarto Hoblers Hobellarii are certaine men that by their tenure are tyed to maintaine a little light nagge for the certifiing of any inuasion made by enemies or such like perill toward the Sea side as Porchmouth c. of these you shall reade anno 18. Ed. 3. stat 2. cap. 7. anno 25. eiusdem stat 5. ca. 8. Hoghenhine is he that commeth guestwise to a house and lieth there the third night After which time he is accounted of his familie in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. cap. 10. In the lawes of King Edward set forth by M. Lamberd he is called agenhine wheare you may reade more of this mater Hithe Hitha is a petit hauen to land wares out of vessels or boates new booke of Entrise fol. 3. colum 3. Hoggeshead is a measure of wine or oyle containing the fourth parte of a tunne that is 63. gallons anno i. R. 3. ca. 13. Hoistings See Hustings Homage Homagium is a french word signifiing fidem clientularem for in the originall grants of land and tenements by way of fee the lord did not onely tie his tenents or feed men to certaine seruices but also tooke a submission with promis and oathe to be true and loyall to him as there lord benefactour This submission was and is called homage the forme wherof you haue in the second statute anni 17. Ed 2. in these words when a free man shall doe homage to his Lord of whome he holdeth in chiefe he shall hold his hands together betweene the hands of his lord and shall say thus I become your man from this day forthe for life for member for wordly honour and shall owe you my faith for the land I hold of you sauing the faith that I doe owe vnto our Soueraigne Lord the king and to mine other Lords And in this maner the Lord of the fee for which homage is due taketh homage of euery tenent as he commeth to the land or fee. Glanvile lib. 9. ca. 1. except they be women who performe not homage but by their husbands yet see Fitzherbert that saith the contrary in his natura br fol. 157. F. Reade Glanuile more at large in the said first chapter with the second third fourth The reason of this M. Skene giueth de verbo significatione verbo Homagium viz. because Homage especially concerneth seruice in warre He saith also that consecrated Bishops doe no homage but onely fidelitie the reason may be all one And yet I find in the Register orig fol. 296. a. that a woman taking liuerie of lands holden by knights seruice must doe homage but not being ioyntly infeoffed for then shee doth only fealtie And see Glanuile in the ende of the first chapter of his nineth booke touching Bishops consecrated whome he denieth to performe homage to the king for their Baronie but onely fealty Fulbeck reconeileth this fol. 20. a. in these words By our lawe a religious man may doe homage but may not say to his Lord. Egodevenio homo vester because he hath professed himselfe to be onely Gods man but he may say I doe vnto you homage and to you shall be faithfull loyall See of this Britton cap. 68. Homage is either new with the fee or auncestrell that is wheare a man and his auncesters time out of minde haue held their lands by homage to their Lord whereby the Lord is tied to warrant the land vnto his tenent newe Termes of the lawe This homage is vsed in other countries as well as ours was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene diuideth it into liegium non liegium de verb. signifi verbo Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime vsed for the Iurie in the Courte Baron Smith de Repub. Anglo lib. 2. cap. 27. The reason is because it consisteth most commonly of such as owe homage vnto the Lord of the fee. And these of the Feudists are called pares curiae sive ourtis siue domus sic dicuntur enim conuassalli siue compares qui ab eodem patrono feudum receperunt vel qui in eodom territorio feudum habent Hotoman Of this homage you may read in the 29. c. of the Grand Custumarie of Normandie where you shall vnderstand of other
sorts of homage vsed by them straunge vnto vs. whereunto ioyne Hotoman disputat de feudis in diuers places namely columna 860. C. hiis verbis Deinceps de nota hominii feudalitiae subiectionis videamus Omnium quidem video esse commune vt dexteras tanquam in foederibus iungerent plerumque etiam vt dexteris aversis osculum praeberent interdum vt ambas manus iunctas patrono contrectandas praeberent supplicum dedititiorum nomine qui velatas manus porrigebant and pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constitutum est Quod ex Anglico Litletonio intelleximus vt hominium seruili supplici veneratione ac plane tanquam a dedititiis praestetur Nam vasallus discinctus nudo capite ad pedet sedentis patroni proiectus ambas manus iunctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here venio in tuum hominium fidem homo tuus fio ore manibus tibique iuro ac spondeo fidelem me tibi futurum eorum feudorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. G. 822. F. 857. B. D. F. Of homage in Scotland reade M. Skene de verb. signif verbo Homagium to whome you may also ioyne a plentifull discourse in speculo Durandi commonly called speculator among the Civilians titulo De Feudis Homagio respectuando is a writ to the Escheatour commaunding him to deliuer seisin of lands to the heire that is at full age notwithstanding his homage not done which ought to be performed before the heire haue liuerie of his lands except there fall out some reasonable cause to hinder it Fitzh nat br fol. 269. Homine eligendo ad custodiendam peciam sigillipro Mereatoribus aediti is a writ directed to a corporation for the choice of a new man to keepe the one part of the seale appointed for statutes Merchant when the other is dead according to the statute of Acton Burnel Register orig fol. 178. a. Homine replegiando is a writ for the bayle of a man out of prison which in what cases it lyeth and what not See Fitz. nat br fol. 66. See also the Register orig fol. 77. See the new booke of Entries verb. Homine replegiando Homine capto in Withernamium is a writ to take him that hath taken any bondman or woman and led him or her out of the countie so that he or shee cannot be repleuied according to lawe Register orig fol. 79. a. See Withernam Homicide homicidium is the slaying of a man and it is diuided into voluntarie or casuall homicide voluntarie is that which is deliberated and committed of a set mind and purpose to kill homicide volūtary is either with precedent malice or without The former is murder and is the felonious killing through malice prepensed of any person liuing in this realme vnder the Kings protection West part 2. simbol tit Inditment sect 37. c. vsque ad 51. where you may see diuers subdiuisions of this mater See also Glanuile lib 14. cap 3. Bract. l 3. tra 2. c. 4. 15. 17. Brit. c. 5. 6. 7. See Muder Mans slaughter Chaūce medley Homesoken aliâs Hamsoken Hamsoca is compounded of Ham. i. habitatio and Soken i. quaerere It is by Bracton lib. 3. tract 2. c 23. thus defined Homesoken dicitur inuasio domus contra pacem Domini Regis It appeareth by Rastall in the title Expositiō of of words that in auntient times some men had an immunitie to doe this for he defineth Homesoken to be an immunitie from amercements for entring into houses violently and without licence which thing seemeth so vnreasonable that me thinketh he should be deceiued in that his exposition I would rather thinke it should be a libertie or power graunted by the king to some common person for the cognisance or punishment of such a trangression for so I haue seene it interpreted in an old note that I haue giuen me by a freind which he had of an expert man toward the Exchequer but of what authoritie I know not See Hamsoken Hondhabend is compounded of two Saxon words Hond i. hand and habend i. hauing and signifieth a circumstance of manifest theft when one is deprehended with the thing stollen in his hand Bracton lib. 3. tract 2. ca. 31. 54. who also vse the handberend for the same eodem cap. 8. Honour honor is beside the generall signification vsed specially for the more noble sort of seigneuries whereof other inferiour Lordships or maners doe depend by performance of customes and seruices some or other to those that are Lords of them And I haue reason to think that none are honours originally but such as are belonging to the King How be it they may afterward be bestowed in fee vpon other nobles The maner of creating these honours may in part be gathered out of the statutes anno 31. H. 8. cap. 5. where Hampton court is made an honour and anno 33. eiusdem cap. 37. 38. whereby Amptill and Grafton be likewise made honours and anno 37. eiusdem ca. 18. whereby the King hath power giuen by his leters patents to erect foure seuerall honours Of Westminster of Kingston vpon Hull Saint Osithes in Essex and Dodington in Berkshire This word is also vsed in the selfe same signification in other nations See ca. licet causam extra de probationibus and Minsinger vpon it nu 4. In reading I haue obserued thus many honours in England The honour of Aquila Camden Britan. pag. 231. of Clare pag. 351. of Lancaster pag. 581. of Tickhill pag. 531. of Wallingford Notingham Boloine Magna charta cap 31. of West Greenewish Camd pag. 239. of Bedford pupil oculi parte 5. cap. 22. of Barhimsted Brooke titulo Tenure nu 16. of Hwittam Camd pag. 333. of Plimpton Cromptons Iurisd fol. 115. of Creuecure and Hagenet Febert anno 32. H. 8. cap. 48. of East Greenewish of Windsour in Berk shire and of Bealew in Essex anno 37. H. 8. ca. 18. of Peverell in the county of Lincolne Register orig fol. 1. Horngeld is compounded of Horn and Gildan or Gelder i. Soluere It signifieth a taxe within the forest to be paid for horned beasts Cromptons Iurisd fol. 197. And to be free thereof is a priuiledge graunted by the king vnto such as he think eth good Idem ibidem and Rastall in his exposition of words Hors de sonfee is an exception to auoide an action brought for rent issuing out of certaine land by him that pretendeth to be the Lord or for some customes and seruices for if he can iustifie that the land is without the compas of his fee the action falleth v. Brooke hoc titulo Hospitallers Hospitalarii were certaine knights of an order so called because they had the care of hospitals wherein Pilgrims were receiued to these Pope Clement the fift transferred the Templers which order by a
day of his appearance by reason of the said common summons or otherwise But otherwise it is where a man is let to bayle to foure or two men by the lord Iustice in eyre of the Forest vntill a certaine day For there he is alwayes accounted by the lawe to be in their ward and custody for the time And they may if they will keepe him in ward or in prison all that time or otherwise at their will So that he that is so bayled shall not be said by the lawe to be at large or at his owne libertie Thus farre M. Manwood The myrror of Iustices maketh a difference also betweene pledges and mainpernours saying that pledges are more generall that mainpernours are bodie for bodie lib. 2. cap. de trespasse venial and lib. 3. cap. des pledges mainpernours When mainprises may be granted and when not see Cromptons Iustice of peace fol. 136. c. vsque 141. and Lamberd Eiren. lib. 3. cap. 2. pag. 336. 337. 338. 339. 340. See also Britton fol. 73. a. cap. Des pledges mainpernours the author of the Myrror of Iustices saith that pledges bee those that bayle or redeeme any thing but the body of a man and that mainpernours be those that free the body of a man And that pledges therefore belong properly to reall and mixt actions and mainpernours to personall Maintenance manutentio vel manutenentia is a French word and signifieth an vpholding of a cause or person metaphorically drawne from the succouring of a young child that learneth to goe by ones hand In our common lawe it is vsed in the euill part for him that secondeth a cause depending in suite betweene others either by lending of mony or making friends for either partie toward his help anno 32. Henr. 8. cap. 9. And when a mans act in this kinde is by lawe accounted Maintenance and when not see Broke titulo Maintenance and Kitchin fol. 202. seqq and Fitz. nat br fol. 172. and Cromptons Iurisdict fol. 38. The writ that lyeth against a man for this offence is likewise called Maintenance Termes of the lawe verb. Maintenance Speciall maintenance Kitchin fol. 204. seemeth to bee maintenance most properly so tearmed Of this see Cromptons Iustice of peace fol. 155. b. and the new booke of Entries verbo Maintenance Maintenance vid. Nouos terminos Iuris Make facere signifieth in the common lawe to performe or execute as to make his lawe is to performe that lawe which he hath formerly bound himselfe vnto that is to cleare himselfe of an action commenced against him by his oath and the oathes of his neighbours Old nat br fol. 161. Kitchin fol. 192. which lawe seemeth to be borowed of the Feudists who call these men that come to sweare for another in this case Sacramentales Of whom thus saith Hotoman in verbis foundal Sacramentales a sacramento i. iuramento diccbantur â—i qui quamuis res de qua ambigebatur testes non fuissent tamen ex eius cuius res agebatur animi sententia in eadem quae ille verba iurabant illius vide licet probitate innocentia confisi Nam tum demum adhibebantur cùm testes nulli extarent See the rest The formall words vsed by him that maketh his lawe are commonly these Heare O ye Iustices that I doe not owe this summe of money demaunded neither all nor any part thereof in maner and forme declared so helpe me God and the contents of this booke To make seruices or custome is nothing else but to performe them Old nat br fol. 14. To make oath is to take an oath Maletent in the Statute called the Confirmation of the liberties of c. anno 29. Ed. prim cap. 7. is interpreteted to be a tolle of 40. shillings for euery sacke of wooll Stow in his Annals calleth it a Maletot pag. 461 See also the Statute de tallagio non concedendo an 34. eius stat 5. Malin See Marle Manbote signifieth a pecuniary compensation for killing of a man Lambard in his exposition of Saxon words verbo Aestimatio Of which reade Roger Houeden also in parte poster suorum annal fol. 344. a. b. Mandamus is a writ that lyeth after the yere and day wheras in the meane time the writ called diem clausit extremum hath not bene sent out to the Excheatour for the same purpose for the which it should formerly haue bene sent forth Fitzh nat br fol. 253. B. See Diem clausit extremum Mandamus is also a charge to the shyreeue to take into the kings hands all the lands and tenements of the kings widowe that against her oath formerly giuen marieth without the kings consent Register fol. 295. b. See Widow Mandatum is a commaundment iudiciall of the king or his Iustices to haue any thing done for the dispatch of iustice wherof you shall see diuersity in the table of the Register iudiciall verbo Mandatum Maner Manerium seemeth to come of the French manoir i. domicilium habitatio M. Skene de verbo significatione verbo Manerium saith it is called Manerium quasi Manurium because it is laboured with handy worke by the Lord himselfe It signifieth in our common law a rule or gouernmeÌ„t which a man hath ouer such as hould land within his fee. Touching the originall of these maners it seemeth that in the beginning there was a certaine compasse or circunt of ground graunted by the king vnto some man of worth as a Baron or such like for him and his heires to dwell vpon and to exercise some iurisdiction more or lesse within that compasse as he thought good to graunt performing him such seruices and paying such yearely rent for the same as he by his graunt required and that afterward this great man parcelled his land to other meaner men inioyning them againe such seruices and rents as he thought good and by that meanes as he became tenent to the king so the inferiours became tenents vnto him See Perkins Reseruations 670. and Andrew Horns booke intituled the mirrour of Iustices li. 1. ca. du Roy Alfred See the definition of a Maner Fulb. fol. 18. And this course of benefiting or rewarding their nobles for good seruice haue our kings borowed from the Emperours of Rome or the Lombard kings after they had setled themselues in Italy as may well appeare by Antonius Contius in methodo feudorum c. i. de origine libris Feudorum And I finde that according to this our custome all lands houlden in fee throughout Fraunce are diuided into Fiefz and arrierfiefz whereof the former are such as are immediatly graunted by the king the secoÌ„d such as the kings feudataries doe againe graunt to others Gregorii Syntagm lib. 6. an 5. nu 3. But the inconstancy of mans estate and the mutability of time hath brought to passe that those great men or their posterity haue alienated these Mansions and lands so giuen them by their Prince and others that had none haue by ther welth
in the number of the kings souldiours Master of the kings musters anno 2. Ed. 6. cap. 2. See Master Muster master general anno 35. Eliz. ca. 4. See Master of the kings musters N NAam Namium seemeth to come from the Dutch word nemmen i. capio It signifieth in our common law the taking or apprehending of another mans moueable goods and is either lawfull or vnlawfull Lawfull naam is nothing els but a reasonable distresse proportionable to the valew of the thing distreined for And this naam was aunciently called either vif or mort quicke or dead accordingly as it was made of dead or quicke chatels Lawfull naam is so either by the common law or by a mans perticular fact by the common law as when one taketh another mans beasts dammage seisant in his grounds by a mans particular fact as by reason of some contract made that for default of payment of an annuity agreed vpon it shall be lawfull to distreine in such or such lands c. Horns mirrour of Iustices lib. 2. ca. de vec de naam where you may read of other circumstances required in lawfull naam viz of what thing or of what things first in what maner on what daies and at what houres it ought to be made with other points worth the reading for the vnderstanding of our law antiquities See Withernam Nasse anno 4. H. 7. ca. 21. seemeth to be the proper name of Orford Hauen Whether it be so termed of the boates or water vessels that lye there or not let the reader iudge But nasselle is in French a kinde of small boat Natiuo habendo is a writ that lyeth to the Shyreeue for a Lord whose vilein claimed as his inheritance is runne from him for the apprehending and restoring of him to his Lord againe Register orig fol. 87. Fitzh nat br fol. 77. See Libertate probanda Naturalization See Denizen Ne admittas is a writ that lyeth for the plaintife in a Quare impedit or him that hath an action of Darrein presentment depending in the common Bench and feareth that the Bishop will admit the clerke of the defendant during the suite betweene them And this writ must be sued within sixe monethes after the avoydance Because after the sixe moneths the Bishop may present by lapse Register orig fol. 31. Fitzh nat br fol. 37. where see the rest Negatiue pregnant Negatiua praegnans is a negatiue implying also an affirmatiue As is a man being impleaded to haued one a thing vpon such a day or in such a place denyeth that he did it modo forma declarata which implyeth neuer the lesse that in some sort he did it Or if a man be said to haue alienated land c. in fee he denying that he hath alienated in fee seemeth to confesse that he hath alienated in some other sort Dyer fol. 17. nu 95. See Brooke hoc titulo and Kitchin fol. 232. And see the new exposition of lawe terms And read also in some Ciuilians of Affirmatiua praegnans and that is quae habet in se inclusiuam negatiuam Et hoc importare videntur dictiones Solùm tantùm quae implicant negatiuam Pacianus De probationibus lib. 1. ca. 31. nu 16. fol. 93. Neif natiua commeth of the French Naif i. naturalis vel nativus it signifieth in our common law a bond woman anno 1 Ed. 6. ca. 3. the reason is because women become bond rather natiuitate than by any other means Ne in iuste vexes is a writ that lyeth for a Tenent which is distrained by his Lord for other seruices than he ought to make and is a prohibition to the Lord in it selfe commaunding him not to distreine The especial vse of it is where the tenent hath formerly preiudiced himselfe by performing more services or paying more rent without constraint than he needed For in this case by reason of the Lords seisin he cannot avoide him in avowry and therefore he is driuen to this writ as his next remedie Register orig fol. 4. Fitzh nat br fol 10. Ne vicecomes colore mandat◠Regis quenquam amoueat à possessione ecclesiae minus iustè Register orig fol. 61. Nient comprise is an exception taken to a petition as vniust bicause the thing desired is not conteined or comprehended in that act or deede wherevpon the petition is grounded For example one desireth of the court to be put in possession of a house formerly among other lands c. adiudged vnto him The adverse party pleadeth that his petitiō is not to be granted because thogh he had a iudgement for certaine lands and houses yet the house into the possession wherof he desireth to be put is not conteined among those for the which he had iudgement See the newe booke of Entries titulo Nient comprise This seemeth to be especially to hinder execution Nifle anno 3. Ed. 4. cap. 5. Nihil anno 5. R. 2. stat pri cap. 3. is a word set vpon a debt illeuiable by the foreine Apposer in the Exchequer Nohil dicit is a fayling to put in answer to the plee of the plaintiffe by the day assigned which if a man do commit iudgement passeth against him as saying nothing why it should not Nisi prius is a writ iudiciall which lyeth in case where the Enquest is paneled and returned before the Iustices of the Banke the one partie or the other making petition to haue this writ for the case of the contrie It is directed to the Shyreeue commaunding that hee cause the men impaneled to come before the Iustices in the same countie for the determination of the cause there except it be so difficult that it need great deliberation In which case it is sent againe to the Bank v. anno 14. Ed. 3. cap. 15. The forme of the writ see in old nat br fol. 159. and in the Regist indic fol. 7. 28. 75. See the new booke of Entries verbo Nisi prius And it is called Nisi prius of these words comprised in the same whereby the Shyreeue is willed to bring to Westminst the men impaneled at a certaine day or before the Iustices of the next Assises nisi die Lunae apud talem locum prius venerint c. whereby it appeareth that Iustices of Assises and Iustices of nisi prius are differing And Iustices of nisi prius must be one of them before whom the cause is depending in the Bench with some other good man of the Countie associated vnto him Fitz. nat br fol. 240. E. which he taketh from the Statute of Yorke ann 12. Ed. 2. See Westm 2. cap. 30. anno 13. Ed. prim anno 27. eiusdem cap. 4. anno 2. Ed. 3. cap. 17. anno 4. eiusdem cap. 11. anno 14. eiusdem cap. 16. anno 7. Rich. 2. cap. 7. anno 18. Eliz. cap. 12. Nobility nobilitas in England compriseth all dignities aboue a Knight So that a Baron is the lowest degree thereof Smith de Repub. Anglor lib. prim
either of two French words Prime or Primier i. primus and Notaire i. Notarius tabellio or of two Latine words prae notarius quasi primus aut principalis notarius The office is likewise borowed from the later Romanes who made his name of halfe Greeke and halfe Latine viz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. primus principalis and Notarius It is vsed in our common lawe for the cheife clerks of the Kings courts whereof 3. be of the common pleas and one of the Kings bench For the pregnotarie of the commmon plees anno 5. H. 4. cap. 14. is termed the cheife clerke of that court He of the Kings Bench recordeth all actions civile siewed in that court as the Clerke of the Crowne office doth all criminall causes Those of the common plees doe enter and inrolle all maner of declarations pleadings Assises and Iudgements and all actions the same terme that the apparence is made Also they make out all iudiciall writs as the venire facias after issues ioyned and Habeas corpus for the bringing in of the Iurie after it is returned vpon the venire facias They also make forthe writs of executions and ofseisin writs of supersedeas for appearance to exigents as well as the exigents and writs of priuiledges for remouing of causes from other inferiour courts of Record in case where the partie hath cause of priuiledge Also writs of procedendo of scire facias in all cases and writs to inquire of dammages and all proces vpon prohibitions and vpon writs of audita querela and false Iudgement Finally they inrolle all recognisances acknowledged in that court and all common Recoueries and may make exemplifications of any Record the same terme before the rols be deliuered from them Prender commeth of the French prendre i. accipere acceptare capere prehēdere it signifieth in our common lawe sometime a power or right to take a thing before it be offered as such things as lie in Prender or such as lie in render West parte 2. titula Fines sect 126. where you haue these words If the lord graunt the seruices of his tenent by fine or otherwise the Lord before atturnment shall haue such things as lie in prender as the ward of the body of the heire and of the land escheats c. but not such things as lie in prender as rents and releifes heriots and other seruices For he canot avowe for them before the atturnment Prender de Baron signifieth literally in barbarous French to take a husband but it is vsed in our common lawe as an exception to disable a woman from persiewing an appeale of murder against the killer of her former husband Stawnf pl. cor li. 3. cap. 59. The reason whereof whether it be because by her secōd mariage she may iustly be thought to haue giuen vp the interest shee had in her former husband or for that shee is now couert againe or for both I leaue to consideration Prender del profits signifieth verbatim to take the profits It signifieth substantiuely the taking of the profits See Cromptons Iurisdict fol. 185. See Pernour of profits Prest is vsed for some dutie in money to be paide by the Shyreeue vpon his accoumpt in the exchequer anno 2. 3. Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus promptus expeditus for that it bindeth those that haue receiued it to be ready at all times appointed Primage is a dutie due to the mariners and saylers for the loading of any shippe at the setting forth from any hauen anno 32. H. 8. cap. 14. Primier seisin Prima seisina ad verbum signifieth the first possession It is vsed in the common lawe for a braunch of the kings prerogatiue whereby he hath the first possession of all lands and tenements through the Realme holding of him in cheife whereof his tenent died seised in his demesn as of fee and so consequently the rents and profits of them vntill the heire if he be of age doe his homage if he be vnder yeares vntill he come to yeares See Stawnf prarog cap. 3. and Bracton lib. 4. tract 3. cap. pri Primo beneficio See Beneficio Prince Princeps is a french word and taken with vs diuersly sometime for the king himselfe but more properly for the kings eldest sonne who is prince of Wales as the eldest sonne to the French king is called Dolphine both being princes by their natiuitie M. Fearn in the glory of generositie pag. 138. For Edward the first to appease the tumultuous spirits of the Welch men who being the auncient Indigenae of this land could not in long time beare the yoke of vs whome they call strangers sent his wife being with childe into Wales where at Carnaruan shee was deliuered of a sonne therevpon called Edward of Carnarvan and afterward asked the Welch men seing they thought much to be gouerned by straungers if they would be quietly ruled by one of their owne nation who answering him yea then quoth he I will appoint you one of your owne country men that cannot speake one word of English and against whose life you can take no iust exception and so named vnto them his sonne borne in Carnarvan not long before from which time it hath continued that the kings eldest sonne who was before called Lord Prince Stawnf praerog cap. 22. fol. 75. hath beene called prince of Wales Stowes Annals pag. 303. See anno 27. H. 8. cap. 26. anno 28. eiusdem cap. 3. Principality of Chester anno 21. Rich. 2. cap. 9. See Cownty palatine and Cromptons diuers iurisdictions fol 137. Prior perpetuall or datife and removeable anno 9. R. 2. cap. 4. and anno 1. Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Iohns of Ierusalem anno 26. H. 8. cap. 2. Priors aliens Priores alieni were certaine religious men borne in Fraunce and gouerners of religious houses erected for out-landish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in Fraunce and therfore suppressed Whose liuings afterwards by Henry the 6. were giuen to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1. H. 5. cap. 7. but especially to the erecting of those two most famous Colledges called the Kings Colledges of Cambridge and Eton. Prioritie prioritas signifieth in our common lawe an antiquitie of tenure in comparison of another not so auncient As to hold by Prioritie is to hold of a Lord more aunciently then of another old nat br fol. 94. So to hold in posterioritie is vsed by Stawnf praerog cap. 2. fo 11. And Crompton in his Iurisdiction fol. 117. vseth this word in the same signification The Lord of the prioritie shal haue the custodie of the bodie c. fol. 120. If the tenent hold by prioritie of one and by posterioritie of another c. To which effect see also Fitz. nat br fol. 142. F.
Cathedrall and collegiate churches as also the Clergie make choice of their Proctors which done and certified to the Bishop he returneth all answerably to his charge at the day These proctors of the Clergie howsoeuer the case of late dayes is altered had place and suffrage in the lower house of Parlament as well as the knights citizens Barons of the Cinque ports and Burgesses For so it plainely appeareth by the Statute anno 21. R. 2. cap. 2. cap. 12. And sithence they were remooued the Church hath daily growne weaker and weaker I pray God that in short time she famish not but that her liberties be better maintained Procurator is vsed for him that gathereth the fruites of a benefice for another man anno 3. R. 2. stat 1. cap. 2. And procuracy is vsed for the specialtie whereby he is authorized Ibid. They are at this day in the West parts called Proctors Profer profrum vel proferum is the time appointed for the accompts of Shyreeues and other officers in the Exchequer which is twice in the yeare anno 51. H. 3. statut quint. And it may be gathered also out of the Register fol. 139. in the writ De Atturnato Vicecomitis pro profro faciendo I reade also of profers anno 32. H. 8. cap. 21. in these words Trinitie terme shall beginne the Monday next after Trinity Sunday whensoeuer it shall happen to fall for the keeping of the essoins profers returnes and other ceremonies heretofore vsed and kept In which place profer seemeth to signifie the offer or indeauour to proceede in action by any man whom it concerneth so to doe See Briton cap. 27. fol. 50. b. 55. a. fol. 80. b. and Eleta lib. 1. cap. 38. § Vtlagati seqq Profer the halfe merke See Halfe merke Profession professio is in the common lawe vsed particularly fot the entring into any religious Order of Friars c. New booke of Entries verbo Profession Profits apprender See Prender Prohibition prohibitio is a writ framed for the forbidding of any court either spirituall or secular to proceed in any cause there depending vpon suggestion that the cognition thereof belongeth not to the said court Fitz. nat br fol. 39. G. but is most vsually taken especially in these dayes for that writ which lyeth for one that is impleeded in the Court Christian for a cause belonging to the temporall iurisdiction or the cognisance of the Kings court whereby as well the partie and his Councell as the Iudge himselfe and the Register are forbidden to proceed any farder in that cause for that it appertaineth to the disinheriting of the Crowne of such right as belongeth vnto it In how many cases this lyeth see Broke hoc titulo and Fitz. na br fol. 39. seqq This writ and the praemunire might in these daies well be spared For they were helpes to the kings inheritance and Crowne when the two swords were in two diuers hands Whereas now both the Iurisdictions being setled in the King there is small reason of either except it be to weatie the subiect by many quircks and delayes from obtaining his right of this prohibition you may reade Bracton also lib. 5. tract 5. cap. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. who saith that it lyeth not after sentence giuen in any cause howsoeuer the case is altered and againe the statute made anno 50. Ed. 3. which ordaineth that aboue one prohibition should not lye in one cause See the diuersitie of prohibitions in the table of the original Regist See the new booke of Entries verbo Prohibition and Fitz. nat br fol. 39. Prohibitio de vastodirecta parti is a writ Iudiciall directed to the tenent and prohibiting him from making waste vpon the land in controuersie during the suite Register Iudiciall fol. 21. It is sometime made to the Shyreeue the example whereof you haue there next following Pro Indiuiso is a possession and occupation of lands or tenements belonging vnto two or more persons whereof none knoweth his seuerall portion as Coparceners before partition Bracton lib. 5. tracta 2. cap. pri nu 7. Prolocutour of the conuocation house prolocutor domus conuocationis is an officer chosen by persons ecclesiasticall publiquely assembled by the kings writ at euery parlament And as there be two houses of conuocation so be there two prolocutours one of the higher house the other of the lower house who presently vpon the first assembly is by the motion of the Bishops chosen by the lower house and presented to the Bishops for their prolocutour that is the man by whom they meane to deliuer their resolutions to the higher house and to haue their owne house especially ordered and gouerned His office is to cause the clerk to call the names of such as are of that house when he seeth cause to cause all things propounded to be read by him to gather the suffrages and such like Promoters promotores be those which in popular and penall actions doe deferre the names or complaine of offenders hauing part of the profit for their reward These were called among the Romaines Quadruplatores or Delatores They belong especially to the Exchequer and the kings bench Smith de Repub Anglo li. 2. cap. 14. Pro partibus liberandis is a writ for the partition of lands betweene coheires Register originall fol. 316. Prophecies prophetia be in our common law taken for wiserdly foretellings of maters to come in certaine hidden and enigmaticall speeches Whereby it falleth out many times that great troubles are stirred in our common wealth and great attempts made by those to whom the speach framed either by the description of his cognisance armes or some other quality promiseth good successe anno 3. Ed. 6. cap. 15. anno 7. eiusdem cap. 11. anno 5. Eliza. ca. 15. But these for distinctions fake are called false or phantasticall prophecies Property proprietas signifieth the highest right that a man hath or can haue to any thing which is no way depending vpon any other mâ—ns courtesie And this none in our kingdome can be said to haue in any lands or tenements but onely the King in the right of his Crowne Because all the lands through the realme are in the nature of fee and doe hould either mediately or immediately of the Crowne See Fee This word neuerthelesse is in our common law vsed for that right in lands and tenements that common persons haue because it importeth as much as vtile dominium though not directum Proprietate probanda is a writ See the originall Regist fol. 83. a. 85. b. It lyeth for him that will proue a propertie before the Shyreeue Brookes Propertie 1. For where a propertie is alledged a replegiare lyeth not Idem ibidem Proprietarie proprietarius is he that hath a propertie in any thing but it is most notoriously vsed for him that hath the fruites of a benefice to himselfe and his heires or successours as in time past Abbots and Priors had
benefice conferreth it vpon his Clerke whilest two others be contending in law for the right of presenting Exposition of the terms of law old nat br fol. 30. and Fitzh nat br fol. 48. Register originall fol. 32. Quare intrusit matrimonio non satisfacto is a writ that lyeth for the Lord against his tenent being his ward that after couenable mariage offered him marieth another and entreth neuer the lesse vpon his land without agreement first made with his Lord and Gardian Terms of the law Quare non permittit is a writ that lyeth for one that hath right to present for a turne against the proprietary Fleta lib. 5. cap. 16. Quarentine quarentina is a benefit allowed by the lawe of England to the widow of a landed man deceased whereby shee may challenge to continue in his capitall messuage or cheife mansion house by the space of 40. daies after his decease Of this see Bracton lib. 2. cap. 40. And if the heire or any other attempt to eiect her shee may haue the writ De Quarentina habenda Fitzh nat br fol. 161. see anno 9. H. 3. cap. 7. anno 20. cap. pri and Britton cap. 103. M. Skene de verborum significatione verbo Quarentina viduarum deriueth this word from the French Quaresme Who also haue this custome called lo quaresme des vefues granted to widows after the decease of their husbands as he proueth out of Papon in his Arrests libro 15. titulo des dots cap. 7. lib. 10. tit Substitutiones cap. 30. Of this read Fleta also lib. 5. cap. 23. Quarentena habenda is a writ that lyeth for a widow to inioy her Quarentine Register originall fol. 175. Quare non admisit is a writ that lyeth against the Bishop refusing to admit his Clerk that hath recouered in a plee of Aduowsen The furder vse whereof see in Fitzh nat br fol. 47. Register originall fol. 32. See the new booke of Entries verbo quare non admisit Quare obstruxit is a writ that lyeth for him who hauing a seruitude to passe through his neighbours ground cannot inioy his right for that the owner hath so strengthened it Fleta li. 4. cap. 26. § Item si minus Quarter Sessions is a court held by the Iustices of peace in euery Countie once euery quarter The iurisdiction whereof how farre it extendeth is to be learned out of M. Lamberds Eirenarcha Sir Thomas Smith de Republ. Anglor lib. 2. ca. 19. But to these you must adde the late statutes of the Realme for their power daily increaseth Originally it seemeth to haue bene erected onely for maters touching the peace But in these daies it extendeth much farder That these Sessions shold be held quarterly was first of all ordeined so farre as I can learne by the statute anno 25. Ed. 3. stat pri cap. 8. of these read Lamberds Eirenarcha the fourth booke throughout where he setteth them out both learnedly and at large Quashe quassare commeth of the French quasser i. quassare conquassare it signifieth in our common law to ouerthrowe Bracton lib. 5. tracta 2. cap. 3. nu 4. Quekbord anno 17. Ed. 4. ca. 2. Que est mesme signifieth verbatim Which is the selfe same thing It is vsed in our common law as a word of art in an action of trespas or of like nature for a direct iustification of the very act complained of by the plaintffe as a wrong for example in an action of the case the plaintiffe saith that the Lord threatned his Tenents at will in such sort as he draue them to giue vp their tenures The Lord for his defence pleadeth that he said vnto them that if they would not depart he would siew them as the law would This being the same thretning that he vsed or to speake artificially que est le mesme the defence is good Of this see Kitchin in the chapter Que est le mesme fol. 236. where you may haue many like examples Que estate word for word signifieth Quem statum It signifieth in our common law a plee whereby a man intitling another to lands c saith that the same estate that he had himselfe hath from him for example in a Quare impedit the Plaintife alleadgeth that such foure persons were seised of lands whereunto the Advowsen in question was appendant in fee and did present to the Church and afterward the Church was voide Que estat del c. that is which estate of the foure persons he faith also that he hath nowe during the vacation by vertue whereof he presently c. Brooke titulo Que estate fol. 175. 176. But it is harder to knowe when this Que estate is to be pleaded then to vnderstand what it is as by him may appeare See the new booke of Entries verbo Que estate Queene Regina is either shee that houldeth the Crowne of this Realme by right of blood or els shee that is maried to the King In the former signification shee is in all construction the same that the King is and hath the same power in all respects In the other signification shee is inferiour and a person exempt from the King For shee may siew and be siewed in her owne name Yet that shee hath is the Kings and looke what shee looseth so much departeth from the King Stawnf praerog cap. 2. fol. 10. in fine See Kitchin fol. 1. b. See Cooke lib. 4. Copy-hould cases fo 23. b. Augusta was the like among Romaines how be it not euisdem iuris in all things Queenes siluer See Kings siluer Quem reditum reddat is a writ Iudiciall that lyeth for him to whom a rent seck or rent charge is graunted by fine leuied in the Kings Court against the Tenent of the land that refuseth to atturne vnto him thereby to cause him to atturne See old nat br fol. 156. and West parte 2. Simbol titulo Fines sect 125. See the new booke of Entries Verbo Quem reditum reddit Querela friscae fortiae is a writ See Fresh force Querela coram Rege consilio discutienda terminanda is a writ whereby one is called to iustifie a complaint of a trespasse made to the king and himselfe before the King his counsell Register originall fol. 124. b. Questus est nobis c. is the sorme of a writ of Nusance which by the statute anno 13. Ed. pri cap. 24. lieth against him to whome the house or other thing that breedeth the Nusance is alienated wheras before that statute this actiō lay onely against him that first leuied the thing to the hurt of his neighbour See the Statute Quia improvide seemeth to be a supersedeas graunted in the behalfe of a clerke of the Chawncerie siewed against the priuiledge of that court in the common plees persiewed to the exigēd See Dyer f. 33. n. 18. Quid iuris clamat is a writ Iudiciall issuing out of the Record of the Fine which remaineth with
sale conduct them back againe And therfore in those forests that haue no pouralleeses there be no Rawngers but Foristers serue the turne This Raunger is made and appointed by the King his leters patents vnder the great seale and for his beter incouragement in his dutie he hath a yearely fee of 20. pound or 30. pound paid out of the Exchequer and certaine fee Deere both redde and falow His office consisteth cheifely in these three points ad perambulandum quotidie per terras deafforestatas ad videndum audiendum inquirendum tam de malefactis quà m de malefactoribus in Balliua sua ad refugandum feras Forestae tam veneris quà m chaseae de terris deafforestatis in terras afforestatas and ad praesentandū omnes transgressiones Forestae in terris deafforestatis factas ad proximas curias illius Forestae tentas Rawnsom See Ransom Ray seemeth to be a word attributed to cloth neuer coloured or died v. anno 11. H. 4. cap. 6. Realtie See Royaltie Reasonable ayde Rationabile auxilium is a duty that the Lord of the fee claimeth holding by Knights seruice or in soccage to marie his daughter or to make his sonne Knight Westm 1. cap. 39. See Ayde See Brooke titulo Reasonable aide Reattachement Reattachiamentum is a second attachement of him that was formerly attached and dismissed the court without day as by the not cōming of the Iustices or some such like casualtie Brooke tit Reattachment where he maketh a Reattachment generall and a Reattachment speciall Reattachment general seemeth to be where a man is reattached for his appearance vpon all writs of Assise lying against him Brooke eodem nu 14. Then speciall must be for one or more certaine Register Iudiciall fol. 35. See the newe booke of Entrise verbo Reattachment Rebellion Rebellio is a French word signifiing the taking vp of armes against the King or present estate This French commeth from the Latine Rebellio which signifieth a second resistance of such as being formerly ouercome in battaile by the Romanes yeelded themselues to their subiection The French men and we vse it generally for the traiterous taking vp of armes against the estate be it by naturall subiects or by others formerly subdued Reade more of this lib. 3. feudorum cap. 61. and Hotoman vpon the same chapter See the writ of Rebellion Rebell is sometime attributed to him that wilfully breaketh a lawe anno 25. Ed. 3. cap. 6. anno 31. eiusdem stat 3. c. 2. sometime to a villein disobeying his Lord a. 1. R. 2. c. 6. Rebellious Assembly is a gathering together of 12. persons or more intending or going about practising or putting in vre vnlawfully of their owne authoritie to chaunge any lawes or statutes of this Realme or to destroy the inclosure of any park or ground inclosed or bankes of any fisheponds pale or conduict to the intent the same shall remaine voide or to the intent vnlawfully to haue common or way in any of the said grounds or to destroy the Deere in any Park or any warrē of conies or deuehouses or fish in any pondes or any house barnes mils or bayes or to burne stacks of corne or to abate rents or prices of victuals an pri Mar. c. 12. an 1. Eliza. cap. 17. See West parte 2. symbol titulo Inditem 〈…〉 s. Sectio 65. And Cromptons Iustice of peace f. 41. b. Rebutter commeth of the French Bouter i. pellere impellere propellere intrudere and signifieth in our common lawe the same thing For example a man giueth land to him and the issue of his body to antoher in fee with warranty And the Donnee leaseth out this land to a third for yeares The heire of the Donour impleadeth the tenent alleadging that the land was intailed to him The Donee commeth in and by vertue of the warrantie made by the Donour repelleth the heire because though the land were intailed to him ye◠he is heire to the warranty likewise and this is called a Rebutter See Brooke titulo Barre nu 13. And againe if I graunt to my tenent to hould sine impetitione vasti and afterward I implede him for waste made he may debarre me of this action by shewing my graunt and this is likewise a Rebutter Idem eodem nu 25. See the newe booke of Entries verbo Rebutter Renant anno 32. H. 8. ca. 2. Recaption Recaptio signifieth a second distresse of one formerly distreined for the selfe same cause and also during the plee grounded vpon the former distresse It likewise signifieth a writ lying for the party thus destreined the forme and farder vse whereof you may see in Fitzh nat br fol. 71. and the Register orig fol. 86. and the Register Iudiciall fol. 69. and the new booke of Entries verbo Recaption Receyver Receptor or Receptator generally and indefinitely vsed is as with the Ciuilians so also with vs vsed commonly in the euill part for such as receiue stollen goods from theeues and conceale them l. 1. Π. de receptatoribus but annexed to other words as the receiuer of rents c. it signifieth many times an officer of great accoumpte belonging to the king or other great personage Cromptons Iurisdict fol. 18. There is also an officer called the Reiceiuer of Fynes who receiueth the mony of all such as compound with the King in the office of the finances for the buying of any lands or tenements houlden in Capite West parte 2. symbol titulo Fines sect 106. Receiuer of all offices accounptable anno 1. Ed. 4. ca. 1. Receiuer generall of the Duchy of Lancaster is an officer belonging to the Duchy court that gathereth in all the reuenewes and fines of the lands of the said Duchy and of all forfeitures and assesments or what else is thence to be receiued Receiuer generall of the court of Wards and liueries is an officer belonging to that court that is to receiue all rents revenewes and fines of the lands belonging to his maiesties wards as also the fines for licences to the Kings widowes to mary of ouster le main sued out and for idiots and lunatikes land and finally all other profits whatsoeuer in mony arising to his maiestie out of or by reason of the court of wards and lyveries Receiuer generall of the Muster rolles anno 35. El. ca. 4. Receiuer generall of the Duchie of Lancaster of the wards and liveries anno 39. Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stirre out of his house or cloyster Litleton fol. 92. Recognisance Recognitio commeth of the French Recognoisance i. agnitio recognitio and in our common lawe is thus defined A Recognisance is a bond of record testifing the recognizour to owe vnto the recognizee a certaine summe of money and is knowledged in some court of record or before some Iudge or other officer of such court hauing authoritie to take the same as the Masters of the Chancerie the Iudges of
to vs reliefe he shall haue inheritance by the old Reliefe that is to say the heire or heires of an Earle for one whole Earldome one hundred pound the heire or heires of a Baron for one whole Baronie one hundred merkes the heire or heires of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall giue lesse according to the old custome of the fees Reade also Glanvile lib. 9. cap. 4. fol. 68. who saith that in his dayes the Reliefe of a Baronie was not certaine The heire in francke soccage when he commeth to his full age after the death of his auncester shall double the rent that he was wont to pay to the Lord and that shall be in place of reliefe old nat br fol. 94. Somewhat more hereof you may reade in anno 28. Ed. prim statut prim and Kitchin fol. 145. ca. Reliefe and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutioest quaedam extrinseca praestatio à consuetudine introducta quae non inest feudo quodque soluitur proconsirmatione seu renouatione investiturae possessionis See Heriot This Leo the Emperour Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the auncienter ciuile lawe it is termed introitus l. penult § Alumno Πde legatis Skene de verb. signif saith that Reliefe is a French word from the Latine relevare which is to releeue or take vp that which is falen For it is giuen by the tenent or vassall being of perfect age after the expiring of the wardeship to his Lord of whome he holds his land by Knights seruice that is by ward and reliefe and by payment thereof he relieues and as it were raiseth vp againe his lands after they were fallen downe into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our common law a power or hope to inioy lands tenements or rents after the estate of another expired For example a man may let land to one for terme of his life and the Remainder to another for terme of his life Litleton cap. Atturnment fol 113. And this Remainder may be either for a certaine terme or in fee simple or fee taile as might be proued by many places in the law writers But in steed of the rest take Brooke titulo Done Remainder fol 245. Glanuile lib. 7. ca. pri in fine hath these words Not andum quod nec Episcopus nec Abbas quiaeorum Baroniae sunt de eleemozina Domini Regis antecessorum eius non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Demini Regis Where it appeareth that Dare ad remanentiam is to giue away for euer To the same effect doth he vse it cap. 9. eiusdem libri in these words speaking of the Lords of mancrs during the minority of their wards Nihil tamen de haereditate de iure alienare possunt ad remanentiam In the like sort doth Bracton vse it lib. 2. cap. 23. in fine and also lib. 4. tracta 2. cap. 4. nu 4. See the new booke of Entries verbo Remainder Remembrancers of the Exchequer Rememoratores be three officers or clerks one called the Kings Remembrancer anno 35. El. cap. 5. The other the Lord Treasurers Remembrancer vpon whose charge it seemeth to lye that they put all Iustices of that court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and delt in for the Princes behoofe The third is called the Remembrancer of the first fruites Of these you may read something anno 5. Rich. 2. stat pri cap. 14. 15. to the effect aboue specified These anno 37. Ed. 3. cap. 4. be called clerks of the Remembrance It seemeth that the name of this officer is borowed from the Ciuilians who haue their Memoriales qui sunt notarii Cancellariae in regno subiects officio Questoris Lucas de penna C. lib. 10. tit 12. nu 7. The kings Remembrancer entreth in his office all recognicances taken before the Barons for any the Kings debts for apparences or for obseruing of orders He taketh al bonds for any of the kings debts or for apparance or for obseruing of orders and maketh proces vpon them for the breach of them He writeth proces against the collectors of customes subsidies and fiueteenthes for their accompts All informations vpon penall statutes are entred in his office And all maters vp on English bils in the Exchequer chamber are remaining in his office He maketh the bils of compositions vpon penall lawes taketh the stalments of debts maketh a record of a certificate deliuered vnto him by the clerk of the Starre-chamber of the fines there set and sendeth them to the pipe He hath deliuered vnto his office all maner of indentures fines and other euidences whatsoeuer that concerne the assuring of any lands to the Crowne He yearely in crastino animarum readeth in open court the statute for the elections of Shyreeues and giueth those that chuse them their oath he readeth in open court the oath of all the officers of the court when they are admitted The treasurers remembrancer maketh proces against all Shyreeues escheators receiuers and bayliffs for their accoumpts He maketh proces of fieri facias and extent for any debts due to the King either in the pipe or with the auditors He maketh proces for all such reuenew as is due to the King by reason of his tenures He maketh a record whereby it appeareth whether Shyreeues and other accountants pay their profers dew at Easter and Michelmas He maketh another record whereby it appeareth whether Shyreeues and other accountants keepe their daies of prefixion All extreats of fines issues and amerciaments set in any courts of Westminster or at the assises or sessions are certified into his office and are by him deliuered to the clerk of extreats to write proces vpon them He hath also brought into his office all the accoumpts of customers controllers and other accoumptants to make thereof an entry of record The Remembrancer of the first fruites taketh all compositions for first fruites and tenthes and maketh proces against such as pay not the same Remittere commeth of the French remettre i. restituere reponere and signifieth in our common law a restitution of one that hath two titles to lands or tenements and is seised of them by his later title vnto his title that is more auncient in case where the later is defectiue Fitz. nat br fol. 149. F. Dyer fol. 68. nu 22. This in what case it may be graunted to any man see in Brooke titulo Remitter and the terms of law The Doctor and Student of this mater hath these words if land discend to him that hath right to that land before heshalbe remitted to his beter title if he will capite nono fol. 19. b.
See the new booke of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our common lawe the selfe same thing For example this word is vsed in leuying of a fine For a fine is either single by which nothing is graunted or rendred backe againe by the Cognizee to the Cognizoumor double which conteineth a graunt or render backe againe of some rent common or other thing out of the land it selfe to the Cognizor c. West parte 2. symbol titulo Fines sect 21. 30. F. Also there be certaine things in a maner that lie in prender that is which may be taken by the Lord or his officer when they chaunce without any offer made by the tenent as the ward of the body of the heire and of the land escheats c. and certaine that lie in Render that is must be deliuered or answered by the Tenent as rents reliefes heriots and other seruices Idem eodem sect 126. C. Also some service confisteth in seisaÌ„ce some in Render Perkins Reseruations 696. Rent Reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with vs a summe of mony or other consideration issuing yearly out of land or tenements Plouden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of rents obserued by our common Lawyers that is Rent seruice Rent charge and Rent seck Rent seruice is where a man houldeth his land of his Lord by fealty and certaine rent or by fealty seruice and certaine rent Litleton lib. 2. ca. 12. fol. 44. or that which a man making a lease to another for terme of yeares reserueth yearely to be paid him for the same Termes of lawe verbo Rents who giueth this reason thereof because it is in his libertie whether he will distraine or bring an action of debt A Rent charge is that which a man making ouer an estate of his land or tenements to another by deede indented either in in fee or fee tayle or lease for terme of life reserueth to himselfe by the said indenture a summe of money yearely to be paide vnto him with clause of distresse or to him and his heires See Litleton vbi supra A Rent seck otherwise a drie rent is that which a man making ouer an estate of his land or tenement by deede indented reserueth yeerely to be paid him without clause of distresse mentioned in the Indenture Litleton vbi supra and termes of the lawe verbo Rents see the newe expositour of lawe Termes See Plowden casu Browning fol. 132. b. See the differences betweene a rent and an annuitie Doctor and Student cap. 3. Oâ—dialo primo Reparatione facienda is a writ which lieth in diuers cases whereof one is where three be tenents in common or ioynt tenents or pro Indiviso of a mille or house which is fallen into decay and the one being willing to repaire it the other two will not In this case the party willing shall haue this writ against the other two Fitzh nat br f. 127. where read at large the form many vses of this writ as also in the Regi orig fol. 153. b. Repeale commeth of the French Rappel i. Revocatio and signifieth in our common lawe euen the same as the Repeale of a statute Rastall titulo Repeale Brooke vseth Repellance in this signification titulo Repellance Repleader Replacitare is to plead againe that which was once pleaded before Rastall titulo Repleader See the newe booke of Entries verbo Repleder Replegiare See Replevie See Second deliuerance Replevie Pleuina is the bringing of the writ called Replegiarifacias by him that hath his catel or other goods distreined by another for any cause and putting in suerty to the Shyreue that upon the deliuery of the thing distreined he will persiew the action against him that distreined Termes of lawe See Replegiare It is vsed also for the bayling of a man pl. cor fol. 72. 73. 74. West pri cap. 11. cap. 15. anno 3. Ed. 1. Replegiare de averus is a writ brought by one whose catell be distreined or put in pound vpon any cause by another vpon surety giuen to the Shyreeue to persiew the action in lawe anno 7. H. 8. cap. 4. Fitzh nat br fol. 68. See the Register originall of diuers sorts of this writ called Replegiare in the table verbo eodem See also the Register Iudiciall fol. 58. 70. see also the newe boke of Entries verbo Replevin See Dyer fol. 173. nu 14. Replevish Replegiaro is to let one to mainprise vpon suretie anno 3. Ed. 1. cap. 11. Replication replicatio is an exception of the second degree made by the plantife vpon the first answer of the Defendant West parte 〈◊〉 symbol titulo Chauncerie sect 55. Westm 2. anno 13. Ed. pri cap. 36. This is borowed from the Ciuilians De replicationibus lib. 4. Institutio titulo 14. Report Reportus is in our common lawe a relation or repetition of a case debated or argued which is sometime made to the court vpon reference from the court to the Reporter somtime to the world voluntarily as Ploydens reports such like Reposition of the Forest was an act whereby certaine forest grounds being made purlieu vpon view were by a second view laide to the Forest againe Manwood parte pri pag. 178. Reprisels Reprisalia are all one in the common and Ciuill law Represalia est potestas pignorandi contra quemlibet de terya debitoris data creditori pro iniuriis damnis acceptis Vocabularius vtriusque iuris This among the auncient Romans was called Clarigatio of the verb Clarigo i. res clarè repeto It is called in the statute anno 27. Ed. 3. stat 2. cap. 17. lawe of Marque of the German word March i. terminus limes And the reason may be because one destitute of Iustice in another territory redresseth himselfe by the goods belonging to men of that territorie taken within his owne bounds Requests Supplicum libelli Curia Requisitionum is a Court of of the same nature with the Chauncerie redressing by equitie the wrongs that poore men doe suffer at their hand whose might they are not able to withstand either in lawe or otherwise It tooke beginning as some men thinke by commission from King Henry the 8. before which time the Masters of Requests had no warrant of ordinary Iurisdiction but travailed betweene the Prince and petioners by direction from the mouth of the King Guins preface to his readings But see Court of Requests Resceyt Receptio seemeth to be an admission of a third person to pleade his right in a cause formerly commenced betweene other two See the newe booke of Entries verbo Resceit v. Aide prier The Ciuilians call this admissionem tertii pro suo interesse Of this you haue one example in the Termes of lawe viz. if Tenent for terme of life or tenent for terme of yeares bring an action he
signifieth one vsed to call or cite a man to any court These by the common lawe ought to be boni that is by Fleta his Iudgement liberi homines ideo boni quia terras tenentes quod sint coram talibus Iusticiariis ad ce â—tos diem locum secundum mandatum Iusticiariorum vicecomiti directum parati inde facere recognitionemilib 4. cap. 5. § Etcum Summons Summonitio see Sommons Common Summons Marlb cap. 18. anno 52. Henric. 3. is l. Summons in terra petita Kitch fol. 286. is that summons which is made vpon the land which the party at whose suite the summons is sent forth seeketh to haue Summons ad Warrantizandum Dyer fol. 69. nn 35. Sumage Sumagium seemeth to be tolle for cariage on horseback Crompton Iurisd fol. 191. Forwhere the Charter of the Forest cap. 14. hath these words for a horse that beareth loades euery halfe yeare a halfe penny the booke called Pupilla ocult vseth these wordes pro vno equo portante summagium per dimidium annum obolum It is otherwise called a Seame And a Seame in the Westerne parts is a horse loade Superoneratione pasturae is a writ Iudiciall that lyeth against him who is impleaded in the County for the overburdening of a common with his catell in case where he is formerly impleaded for it in the countie and the cause is remooued into the Kings court at Westm Supersedeas is a writ which lieth in diuers and sundry cafes as appeareth by the table of the Register originall and the Iudiciall also and by Fitzh nat br fol. 236. and many other places noted in the Index of his booke verbo Supersedeas But it signifieth in them all a command or request to stay or forbeare the doing of that which in apparence of law were to be done were it not for the cause wherevpon the writ is graunted For example a man regularly is to haue surety of peace against him of whome he will sweare that he is afraide and the Iustice required herevnto cannot denie him Yet if the party be formerly bound to the peace either in Chauncerie or else where this writ lyeth to stay the Iustice from doing that which otherwise he might not denie Superstatutum Ed. 3. vers servants and labourers is a writ that lyeth against him who keepeth my seruant departed out of my seruice against lawe Fitzh nat fo 167. Super statuto de York quo nul sera viteller c. is a writ lying against him that occupieth vitteling either in grosse or by retaile in a Citie or Borough towne during the time he is Maior c. Fitzh natur bre fol. 172. Super statuto anno pri Ed. 3. cap. 12 13. is a writ that lyeth against the Kings Tenent holding in cheife which alienateth the kings land witout the Kings license Fitzh nat br fol. 175. Super statuto facto pour seneshall Marshall de Roy c. is a writ lying against the Steward or Marshall for holding plee in his court of freehould ot for trespasse or contracts not made within the Kings houshold Fitzherbert nat breu fol. 241. Super statuto de Articulis Cleri cap. 6 is a writ against the Shyteeue or other officer that distreineth in the Kings high way or in the glebe land aunciently giuen to Rectories Fitzh nat br fol. 173. Super praerogatiuae Regis cap. 3. is a writ lying against the kings widow for marying without his licence Fitzherbert nat br fol 174. Supplicauit is a writ issuing out the Chauncerie for taking the surety of peace against a man It is directed to the Iustices of peace of the county and the Shyreeue and is grounded vpon the statute anno pri Ed. 3. cap. 16. which ordeineth that certaine persons in chauncerie shall be assigned to take care of the peace See Fitzh nat br fol. 80. This writ was of old called Breve de minis as M. Lamberd in his Emenarcha noteth out of the Register originall fol. 88. Sur cui in vita is a writ that lyeth fot the heire of that woman whose husband hauing alienated her land in fee shee bringeth not the writ Cui in vita for the recouery of her owne land for in this case her heire may take this writ against the tenent after her decease Fitzh nat br fol. 193. B. Surgeon commeth of the French Chirurgien i. Chirurgus vulnerarius signifiing him that dealeth in the mechanicall parte of phisicke and the outward cures performed with the hand The French word is compounded of two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not alowed to minister inward medicine See the statut 32. H. 8. ca. 4. and M. Powltons new abridgement titule Surgeons Surcharger of the forest is he that doeth common with more beasts in the forest then he hath right to common withall Manwood parte 2. of his forest lawes cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the common law a superfluity or addition more then needeth which sometime is a cause that a writ abateth Brooke titulo Nugation Superfluity fol. 100. Plowden casu Dine contra Maningham fol. 63. b. It is sometime also applied to mater of accoumpt and signifieth a greater disbursement then the charge of the accoumptant amounteth vnto Surreioynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surreioynder is a second defence of the plaintifes actioÌ„ opposite to the Defendants Reioynder And therefore as he saith Hotoman call eth it Triplicationem quaeest secunda actoris defensio contra Rei duplicationem opposita Not Hotoman onely calleth this triplicationem but the Emperour himselfe De Replicationibus libro 4. Institut titulo 14. Surrender sur sum redditio is an Instrument testifiing with apt words that the particular tenent of lands or tenements for life or yeares doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reuetsion thereof shall also haue the particular estate of the same in possession and that he yeeldeth and giueth vp the same vnto him For euery surrender ought forthwith to giue a possession of the things surrendred West parte pri lib. 2. sectio 503. where you may see diuers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deede and a surrender in law A surrender in deede is that which is really and sensibly performed Surrender in law is in intendment of law by way of consequent and not acutall Perkins Surrender 606. seqq as if a man haue a lease of a serm during the terme he accept of a new lease this act is in law a surrender of the former Coke vol. 6. fo 11. b. Sursise supersisae anno 32. H. 8. ca. 48. seemeth to be an especiall name vsed in the Castle of Douer for such penalties and
words Telonis autem dicuntur public anorum stationes in quibus vectigalia recipiunt sed apud istius generis scriptores Telonium dicitur vectigal quod pro pontium aut riparum munitione penditur plerumque á principibus solius exactionis causa imperatur Team aliás Theam is an ould Saxon word signifiing a Royalty granted by the Kings charter to a Lord of a maner Bracton li. 3. tracta 2. ca. 8. of this Saint Edwards lawes nu 25. say thus Quod si quisquam aliquid interciet id est penes alium defendat super aliquem intercitatus non poterit warantum suum habere erit forisfactura sua Iusticia similiter de calumniatore si defecerit M. Skene de verborum significatione verbo Theme saith that it is a power to haue seruants and slaues which are called natiui bondi villani and all Baronies insoffed with Theme haue the same power For vnto them all their bondmen their children goods and cattels properly appertaine so that they may dispose of them at their pleasure And in some ould authentike bookes it is writen Theme est potestas habends natinos it a quòd generationes villanorum vestrorum cum eorum catallis vbicunque inueniantur ad vos pertineant Theme commeth from Than i. servus and therefore some time signifieth the bondmen and slaues according to an ould statute and law De curia de Theme Quod si quis teneat curiam de Theme illa querela in illa curia mouetur ad quam Theme vocatur non debet illa curia elongari sed ibidem determinari omnes Theme ibi compareant Which is vnderstoode of the question of liberty when it is in doubt whether any person be a bondman or free man Which kinde of proces should not be delayed but summarily discided And the new expositour of law terms speaketh to the like effect verbo Them I read it also in an ould paper writen by an exchequer man thus translated Theam i. propago villanorum Teller is an officer in the Eschequer of which sort their be foure in number And their office is to receiue all monies due to the King and to giue to the clerk of the Pel a bill to charge him therewith They also pay to all persons any money paiable vnto them by the King by warrant from the auditour of the receipt They also make weekely and yearely bookes both of their receipts payments which they deliuer to the L. Treasurer Templers Templarii See Knights of the Temple These whil lest they florished here in England which seemeth to be all that time betweene Henry the seconds daies vntill they were suppressed had in euery nation a particular gouernour whom Brac. calleth Magistrū militiae Tēpli l. 1. c. 10. Of these read M. Cam. in his Br. p. 320. See Hospitalers Temporalties of Bishops Temporalia Episcoporum be such reuenewes lands and tenements as Bishops haue had laid to their Sees by the Kings and other great personages of this land from time to time as they are Barons and Lords of the Parlament See Spiritualties of Bishops Tend seemeth to signifie as much as to indeuour or offer or shew forth to tend the estate of the party of the Demaundant old n. br f. 123. b. to tend to trauers Stawnf prarog fol. 96. to tend an auertment Britton cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being vsed adiectiuely signifieth in english speech as much as it doth in French But in our common law it is vsed as a verb and betokeneth as much as carefully to offer or circumspectly to indeuour the performance of any thing belonging vnto vs as to tender rent is to offer it at the time and place where and when it ought to be paid To tender his law of non Summons Kitch fo 197. is to offer himselfe ready to make his law whereby to prooue that he was not summoned See law See make Tenementis legatis is a writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and catels to whome they list for the hearing of any controuersie touching this mater and for the rectifying of the wrong Regist orig fol. 244. b. Tenant aliâs tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our common lawe him that possesseth lands or tenements by any kind of right be it in fee for life or for yeares This word is vsed with great diuersitie of Epithits in the lawe sometime signifying or importing the efficient cause of possession as tenent in Dower which is shee that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a statute forfeited vnto him Tenent in franck mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made vnto him vpon mariage betweene him and his wife Tenent by the courtesie Idem fol. 159 i. he that holdeth for his life by reason of a child begotten by him of his wife being an inheritrix and borne aliue Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in mortgage idem fol. 38. is he that holdeth by vertue of a mortgage or vpon condition that if the lessour pay so much money at such a day that he may enter and if not that the leassee shall haue a fee simple fee tayle or free hould Sometime these Epithites import the maner of admittance as tenent by the verge in auncient demesn Idem fol. 81. is he that is admitted by the rod in a court of auncient demesne Sometime the euidence that he hath to shew for his estate as Tenent by copy of court rolle which is one admitted Tenent of any lands c. within a maner that time out of the memorie of man by the vse and custome of the said maner haue bene demisable and demised to such as will take the same in see fee-tayle for life yeares or at will according to the custome of the said maner West parte prim sym lib. 2. se 646. whom reade more at large Againe Tenent by charter is he that holdeth by feofment in writing or other deede Kitchin fol. 57. Sometime these Epithites signifie that dutie which the tenent is to performe by reason of his tenure As Tenent by Knights seruice Tenent in socage Tenent in burgage Tenent in frank fee Tenent in villenage Sometime they import the estate of the tenent or his continuance in the land as Tenent in fee simple Kitchin fol. 150. Tenent in fee taile Idem fol. 153. Tenent for life and tenent for yeares Idem fol. 163. Tenent at the will of the Lord according to the custome of the maner Idem fol. 132. 165. Tenent at will by the common law
lib. 2. cap. 41. § Item inquiratur 12. and Cromptons Iurisd fol. 194. in these words without warrant no subiect may haue within the Forest a vacarie But in the statute anno 37. H. 8. cap. 16. I finde vacharie to be as it were a speciall proper name of a certaine quantitie and compasse of ground within the forest of Ashedowne Valewe valentia valor The word is in it selfe plaine enough But I cannot omitte one place in M. West parte 2. symbol titulo Inditements sect 70. V. W. touching the difference betweene value and price These be his words And the value of those things in which offences are committed is vsually comprised in Inditements which seemeth necessary in thest to make a difference from perit larceny and in trespas to aggrauate the faulte and increase the fine But no price of rhings ferae naturae may be expressed as of deere of hares c. if they be not in Parks and warrens which is a liberty anno 8. Ed. 4. fol. 5. nor of charters of land And where the number of the things taken are to be expressed in the Inditement as of yong Doucs in a Doue house yong haukes in a wood there must be saide pretii or ad valentiam but of diuers deade things ad valentiam and not pretii of coine not current it shal be pretii but of coâ—ne current it shall neither be saide pretâ— nor ad valentiam for the price and value thereof is certaine But of counterfeit coine shall bee said ad valentiam and in couterfeiting of coine shall not be said decem libras in denariis Dominae Reginae nor in pecunia Dominae Reginae but ad instar pecuniae Dominae Reginae Valour of mariage Valore maritagii is a writ that lyeth for the Lord hauing profered covenable mariage to the Infant without disparidgement against the Infant comming to his yeares if he refuse to take the Lords offer And it is to recouer the value of the mariage Regist orig fol. 164. old nat br fol. 90. Variance commeth of the French varier i. alter are it signifieth in the common lawe an alteration or change of condition after a thing done For example the communality of a towne make a composition with an Abbot Afterward this towne by a graunt from the king obteineth Bayliffes This is a variance and in this case if the AbbotcoÌ„mence any suite for breach of the composition he must varie from the words of the communalty set downe in the Composition and begin against the Bayliffes and the Communalties Brooke tit Variance fol. 292. It is also vsed for an alteration of some thing formerly laide in a plee which is easilier knowne what it is then when it may be vsed as it appeareth by Brooke through the whole title aforesaide See variance in the newe booke of Entries Vassall vassallus signifieth him that holdeth land in see of his Lord Hot. verbo Feudal we call him more vsually a tenent in fee whereof some owe fidelitie and seruice and are called vassalli iurati some that owe neither and are called vassalli iniurati But of this later sort I thinke that in England we haue not any Of these thus writeth Hotoman in his disputations vpon the Feuds cap. 3. Propriè is vassa dicitur qui ab Imperatore regale feudum accepit vassallus autem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diminutivo nomine qui ab illo feudale beneficium adeptus est quasi qui in vassi fide clientela est c. M. Skene de verbor signif verb. Ligentia saith that vassallus is diuided into homologum non homologum Homologus is he that sweareth seruice with exception of a higher Lord and non homologus is he that sweareth with out exception all one with Ligeus And the same author verb. Vassallus saith that it is vassallus quasibassallus id est inferior soctus From the French bas i. humilis dimissus and the Dutch word gesel i. socius his reason is because the vassall is inferior to his master and must serue and reuerence him and yet he is in maner his companion because each of them is obliged one to the other He saith farder out of Cuiacius lib. prim de Feud that leades leodes fideles homines nostri feudatarii ministeriales beneficiarii beneficiati vassalli signifie almost all one thing And a litle after he saith thus In the lawes of the Feuds vassallus is called fidelis quia fidelitatem iurat Amongst vassals the first place of dignitie is giuen to them that are Duces Marchionâ—s Comites and are called Capâ—tanti Regni The second is granted to Barons and others of like estate and are called Valvasores Maiores The third to them who are called Gentlemen or Nobles holding of Barons which also may haue vnder them vassals that be Gentlemen And such vassals holding in chiefe of Barons are called Valv asoâ—ts minores And they which hold of Gentlemen are called vassalli valvassini seu minimi valvasores But in this Realm he speaketh of Scotland they that hold of Barons are called Milites and they that hold of them are called subvassores Thus faâ—e M. Skene Vasto is a writ that lyeth for the heire against the tenent for terme of life or of yeares for making waste or for him in the Reuersion or Remainder Fitzh 〈◊〉 br fol. 55. Regist orig fol. 72. 76. and Regist Iudic. fol. 17. 21. 23. 69. v. anno 6. Ed. pricap 5. Vavasour vavasor aliâs valvasor is one that in dignitie is next vnto Baron Camden Britan. pag. 109. Bracton lib. prim cap. 8 saith thus of this kind of men Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur Vavasores viri magnae dignitatis Vavasor enim nihil meliùs dici poterit quà m vas sortitum ad valetudinem Iacobutius de Franchis in praeludio Feudorum tit prim num 4. c. calleth them valvasores and giueth this reason of it Quia assident valva i. portae Domini in festis in quibus consueueruat homines curtizare eis reuerentiam exhibere propter Beneficium eis collatum sicut libertus patrono M. Camden in his Britan. pag. 108. hath these words of them Primus etiam Normannorum temporibus Thani proximi à Comitibus in dignitate censebantur Et valvasores maiores si illis qui de feudis scribunt credimus iidem fuerunt Barones Venditioni exponas is a writ Iudiciall directed to the Vndershyreeue commaunding him to sell goods that he hath formerly by commaundement taken into his hands for the satisfying of a iudgement giuen in the kings Court Register Iudicial fol. 33. b. Venire facias is a writ Iudicall and goeth out of the Record lying where two parties plead and come to issue sc vpon the saying of the country For then the party plaintiffe or Defendant shall haue this writ directed to the Shyreeue that he cause to come twelue lawfull men
columna 1. whereupon because the foreyner neede not be tryed in that Court the record and cause is remooued to the common plees c. See of this Fitz. nat br fol. 6. E. Vser de action is the persiewing or bringing of an action which in what place and countie it ought to be See Brooke titulo Lieu Countie fol. 64. Vse vsus is in the originall signification plaine enough but it hath a proper application in our common lawe and that is the profit or benefit of lands or tenements And out of M. Wests first parte of his simbol lib. pri sect 48. 49. 50. 51. and 52. I gather shortly thus much for this purpose Euery deede in writing hath to be considered the substance and the adiuncts Touching the substance a deede doth consist of two principall parts namely the premisses and the consequents The premisses is the former parte thereof and is commonly saide to be all that which preceedeth the Habendum or limitation of the estate which be the persons contracting and the things contracted The consequent is that which foloweth the premisses that is the Habendum In which are two limitations the one of the estate or propertie that the party passiue shall receiue by the deede the other of the vse which is to expresse in the said Habendum to or for what vse and benefite he shall haue the same estate And of the limitation of those vses you may read many presidents set downe by the same author in his second booke of his saide first part sectio 308. and so forth to 327. These vses were inuented vpon the statute called West 3. or Quia emptores terrarum before the which statute no vses were knowne Perkins Devises 528. And because mens wits had in time devised many deceits by the setling of the possession in one man and the vse in another there was a statute made anno 27. H. 8. ca. 1. wherby it was inacted that the vse and possesssion of lands and possessions should alway stand vnited New expositour of lawe termes verbo Vse v. Coke lib. 1. Chudleise case fol. 121. seqq Vsher Ostiarius commeth of the French Huissier i. Accensus apparitor Ianitor It signifieth with vs first an officer in the Eschequer of which sort there be foure ordinarie vshers that attend the cheife officers and Barons of the court at Westminster and Iuries Shyreeues and all other accoumptants at the pleasure of the court Therbe also Vshers in the Kings house as of the priuy chāber c. Vtas Octavae is the eight day following any terme or feast as the vtas of Sainct Michaell the vtas of Sainct Hilary the vtas of Sainct Martine of Sainct Iohn Baptist of the Trinitie c. as you may reade anno 51. H. 3. stat concerning generall daies in the Benche And any day betweene the feast and the eighth day is saide to be within the vtas The vse of this is in the returne of writs as appeareth by the same statute Vtfangthef is an auncient Royaltie graunted to a Lord of a maner by the King which giueth him the punishment of a theefe dwelling out of his liberty and hauing committed theft without the same if he be taken within his fee. Bracton lib. 2. cap. 24. who in his third booke tract 2 ca. 35. seemeth rather to interpret the word then to expresse the effect and saith thus Vtfangthef dicitur extraneus latro veniens aliunde de terra aliena qui captus fuit in terra insius qui tales habet libertates It seemeth to be compounded of these three words Vt fang thef which in our moderne English be oute take or taken Theefe Of this Fleta hath these words vtfangenthef dicitur latro extraneus veniens a liunde de terra aliena qui captus fuerie in terra ipsius qui tales habet libertates Sed non sequitur quod possit ille hominem suum proprium extra libertatem suam captum reducere vsque in libertatem ibi eum iudicare reducere tamen poterit indicatum iudicium in proprio patibulo exequiratione libertatis commodum tamen non video Debet enim quilibet iuri subiacere vbi deliquit proprios tamen latrones alienos iudicare possunt dum tamen infra libertatem fuerint capti c. Vtlaghe significat bannitum extra legem Fleta li. 1. cap. 47. See Vtlawrie Vtlagato capiendo quando vtlagatur in vno comitatu postea fugit in alium is a writ the nature whereof is sufficiently expressed in the words set downe for the name thereof See the Register originall fo 133. Vtlawrie vtlagaria aliâs vtlagatio is a punishment for such as being called into lawe and lawfully sought doe comtēptuously refuse to appeare And as Bracton saith li. 3. tract 2. ca. 11. He that is siewed must be sought and called at 5. counties a moneth being betweene euery countie to answer to the lawe And if he come not within that time pro exlege tenebitur cum principi non obediat nec legi ex tunc vtlagabitur that is as the author of the termes of lawe saith he shal be pronounced by the coroner to be out of the Kings protection and depriued of the benefit of the lawe The effect of this is diuers as the same Author saith for if he be outlawed in an action personall he meaneth at the suite of another in a ciuile cause he shall forfeit all his goods and cattells to the King if vpon felonie then he shall forfeit all his lands and tenements that he hath in fee simple or for terme of his life and his goods and cattles Bracton vbi supra nu 5. saith that such as be out-lawed vpon felonie ex tunc gerunt caput lupinum ita quod sine iudiciali inquisitiene ritè pereant secum suum iudicium portent meritò sine lege pereunt qui secundum legem viuere recusarunt Et haec ita si cum capiendi fuerint fugiant vel se defendant si autem vivi capti fuerint vel se reddiderint vita illorum mors erit in manu Domini Regis See Horns mirrour of Iustices lib. 3. cap. des fautes punishables Bracton saith in the place aboue specified with whome also Fleta agreeth lib. 1. cap. 27. that a Minor or a woman cannot be outlawed But take his owne words Minor verò qui infra aetatem 12. annorum fuerit vtlagarinon potest nec extra legem poni quia ante talem aetatem non est sub lege aliqua nec in Decenna non magis quà m foemina quae vtlagari non potest quia ipsa non est sub lege i. Inlaugh Anglicè sc in frāco plegio sive decenna sicut masculus 12. annorum vlteriùs Et ideo non potest vtlagari Waiviari tamen bene potest pro derelicta haberi cum pro felonia aliqua fugam fecerit siue ceperit Est enim waiuium quod nullus aduocat nec
assignatos suos eorum haeredes omnes alios secundum quod supradictum est si fortè tenementum datum petatur ab antiquo in Dominico Per hoc autem quòd dicit acquiet abimus obligat se haeredes suos ad acquietandum si quis plus petierit seruitis vel aliud seruitium quam in charta donationis continetur per hoc autem quòd dicit Defendemus obligat se haeredes suos ad Defendendum si quis velit seruitutem ponere rei datae contra formam suae donationis c. But the new expounder of law terms saith that this warranty beginneth two waies one by deede of law as if one and his auncesters haue held land of another and his auncesters time out of minde byhomage which is called Homage auncestrell for in this case the homage cōtinually performed by the tenent is sufficient to bind the Lord to warrant his estate The other is by deede of the party which by deede or fine tyeth himselfe to warrant the land or tenement to the tenent And Sir Ed Cooke in the fourth booke of his reports mentioneth the same distinction Nokes case fo 81. a. calling the one a warranty in law the other an expresse warranty Ciuilians would call these species tacitam expressam Warranty as the said author of the terms of law saith is in two maners warranty lineall and warranty collaterall But Litleton saith vbi supra it is threefold warranty lineall warranty collaterall and warranty that beginneth by disseisin Warranty by disseisin what it is is partly declared in Sir Ed. Cookes reports li. 3. Fermors case fol. 78. a. Whether of them deuideth more aptly let the learned iudge For my part I thinke that lineall and collaterall be no essentiall disserences of warranty as it is originally considered in the first warranter For he bindeth himselfe and his heires in generall And such be bound be they lineall or collaterall vnto him Therefore this diuision riseth rather from the euent of the originall warranty videlicet because it so falleth out that the tenent to whom the warranty was made or his heires when he or they be called into question for the land warranted formerly by the first feoffour is driuen by the meanes of the first warranters death to cal or vouch him to waranty that is his heire and now presently liuing be he descending or collaterall as it falleth out For example A. infeoffeth B. in twenty acres land with clause of warranty against all men So long as A. himselfe liueth he is liable to this couenant and none els after his discease his heire is subiect vnto it be he his sonne brother vncle or what els And whether of these or neither of these it will be none knoweth vntill he be dead Wherefore I conclude that this distinction of lineall or collaterall hath no vse originally in this contract For as the author of the terms of law saith the burden of this warranty after the death of the first warranter falleth vpon him vpon whom the land should haue descended if the warranty had not bene made And that is the next of blood to the warranter be he in the defcending or collaterall line And therefore I resolue that this distinction groweth from an euent after the death of him that couenanteth to warrant But to make this plaine I finde warranty to be vsed equiuocally signifiing in one sort the contract or couenant of warranty first made as appeareth by Bracton in the place formerly noted and in another sort the very effect and performance of this contract either by the warranter or his heires when he or they be by the tenent thereunto vouched or called As also I shew out of Bracton lib. 5. tract 4. ca. pri nu 2. in these words Imprimis videndum est quid sit warrantizatio Et sciendum quod warrantizare nihil aliud est quà m defendere acquietare tenentem qui warrantum vocabit in seisina sua c. With whom agreeth Fleta saying that warrantiz are nihil aliud est quam possidentem defendere li. 5. ca. 15. § 1. lib. 6. ca. 23. quod lege per totum And the former diuision of lineall and collaterall warranty rather belongeth to warranty in this second signification then the former And that this way it is imperfect or at the least obscure I thinke it not hard to declare First to shew this I note out of Bracton who may be called to warrantie And he lib. 5. tractat 4. cap. pri num 5. saith thus Videndum est quis vocari possit ad warrantum sciendum quod tam masculus quam foemina tam minor quà m maior dum tamen si minor vocetur remane at placitum de warantia in suspenso vsque ad aetatem nisi causa fuerit ita fauorabilis quòd aetas expectari non debeat sicut ex causa Dotis Item non solum vocandus est ad warantum ille qui dedit vel venddit verùm etiam vocandi sunt eorum haeredes descendentes in infinitum propter verba in Chartis contenta Ego haeredes mei warantizabimus tali haeredibus suis c. Et in quo casu tenentur haeredes warantizare sive sint propinqui sive remoti remotiores vel remotissimi Et quod de haeredibus dicitur idem dici poterit de assignatis de illis qui sunt loco illorum haeredū sicut sunt capitales Domini qui tenentibus suis quasi succedunt vel propter aliquem defectum vel propter aliquod delictum sicut de eschaetis Dominorum By which words we perceiue that the burden of this warrantie is not tyed to heires only be they in the descending or collaterall line but that vnder this word Haeredes are comprised all such as the first warranters lands afterward come vnto either by discent or otherwise ex causa lucratiua So that if a man haue 20 children yet if he will and may giue his land to a straūger leauing his childrē no land that straunger in this case is his assigne is conteined vnder this word heire So if he commit felonie after such warrantie covenanted and forfeit his lands to his Lord by escheate the Lord is quasi haeres in this case and lyable to the warrantie formerly passed And in these two later cases warranty in the secōd signification seemeth to be neither lineall nor collaterall at the least as Litleton and the other author haue defined or by examples expressed them But yet let vs define these two species as they be wherefore lineall warranty is that which he is called vnto by the tenent vpon whome the land warranted had descended if the warranty had not beene couenanted For example A selleth to B. 20. acres land with clause of warranty and afterward dieth leauing issue C. soone after B. is impleaded for this land by D. and voucheth C. This is called a lineall warranty because but for it the land had descended
from A. to C. Warranty collaterall is that wherevnto he is called by the tenent vpon the couenant of him from whome the land could not descend to the party called For example B. the sonne pourchaseth tenements in fee whereof A. his father disseiseth him and selleth them to C. with a clause of warranty A being deade C. is impleaded for the tenements and calleth B. to warranty This warranty wherevnto B. is caled is collaterall by cause the tenements if the warrnty had not beene couenanted by A. could not haue descended from him to his father A. for they were his owne by Pourchase Many other exaÌ„ples there be of this in Litleton And this very case he maketh his example of warranty by disseisin as also of warranty collaterall which plainly argueth that warranty by disseisin and warranty collaterall are not distinct members of warranty but may be confounded though one warranty may cary both names in diuers respects For there is some warranty collaterall that beginneth not by disseisin For example A. tenent in taile alienateth to B. in fee and dieth leauing issue C. Afterward D. brother to A. and vncle to C. releaseth to B. with warranty and dying leaueth C. his heire being next of blood vnto him This warranty is collaterall because it descendeth vpon C. from his vncle D. and yet it beginneth not by desseisin of his said vncle Warranty hath a double effect one to debarre him vpoÌ„ whome it discendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the tenent if by him he be vouched thereunto or els to giue him as much other land by exchange But as the former of these effects taketh place with all heires except those to whome the land warranted was intailed and that reape no equiualent benefit by the first warranter anno 6. Ed. pri ca. 3. soe the latter preiudiceth none that receiueth not sufficient land from the first warranter to make it good Bracton lib. 5. tractat 4. ca. 8. nu pri cap. 13. nu 2. In the custumaric of Norm ca. 5. you haue vouchement degarant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the wartanter into the court to make good his sale or gift Warantiadiei is a writ lying in case where a man hauing a day assigned personally to appeare in court to any action wherein he is siewed is in the meane time by commaundement imployed in the Kings seruice so that he cannot come at the day assigned This writ is directed to the Iustices to this end that they neither take nor record him in defaulte for that day Register originall fol. 18. Of this you may read more in Fitzh nat br fol. 17. and see Glanuile lib. pri ca. 8. Warantia chartae is a writ that lieth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or writ of Entrie wherein he cannot vouche or call to warranty for in this case his remedy is to take out this writ against the seoffour or his heire Register orig fol. 157. Fitzh nat br fol. 134 Of this you may likewise reade Fleta lib. 6. ca. 35. and West parte 2. simb titulo Fines sect 156. Warrantia custodia is a writ Iudiciall that lyeth for him that is challenged to be ward vnto another in respect of land said to be houlden in Knights seruice which when it was bought by the auncesters of the ward was warranted to be free from such thraldome And it lieth against the warranter and his heires Register Iudiciall fol. 36. Warrant of Atturney See Leter of Atturney and Waranty Wardwite significat quietantiam misericordia in casu quo non invenerit quis hominem ad wardam faciendam in castra vel alibi Flet a lib. 1. cap. 47. Warren Warrenna aliâs varrenna commeth of the French Garrenne 1. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum diâ—ntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attica cap. 20. A warren as we vse it is a prescription or graunte from the king to a man of hauing fesants partridges connies and hares within certaine of his lands Cromptons Iurisdict fol. 148. where he saith that none can haue warren but onely the King no more then Forest or chase Because it is a speciall priuiledge belonging to the King alone And a little after he hath words to this effect The king may graunt warren to me in mine owne lands for fesants and partridges onely And by this graunt no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the 〈◊〉 of the 〈◊〉 as to eate corne and pille the barke of apple trees M. Manwood in his first part of Forest lawes saith thus of it A warren is a fraunchise or priuiledged place of pleasure onely for those beasts and foules that are beasts and foules of warren tantùm campestres non syluestres viz. For such beasts and foules as are altogether belonging to the feilds and not vnto the woods and for none other beasts or foules There are but two beasts of warren that is to say Hares and Connies and there are also but two foules of warren viz. Fesants and partridges And none other wild beasts or birds haue any firme peace priuiledge or protection within the warren If any person be found to be an offender in any such free warren he is to be punished for the same by the course of the common law and by the statute auno 21. Ed. 3. called the statute de male factoribus in parcis chaceis c. For the most parte there are not officers in a warren but the master of the game or the keeper A free warren is some time in closed and also the same some time doth lie open for there is no necessity of inclosing the same as there is of a park for if a park be suffered to lie open it ought to be seised into the kings 〈…〉 Manwood Warscot is the contribution that was wont to be made towards armour in the Saxons time In Canutus his charter of the Forest set out by M. Manwood in the first part of his Forest lawes num 9. you haue these wordes Sint omnes tam primarii quà m mediocres minuti immunes liberi quietiab omnibus prouincialibus summonitionibus popularibus placitis quae Hundred laghe Angli dicunt ab omnibus armorum oncribus quod Warscot Angli dicunt forinsecis querelis VVarwit aliâs VVardwit is to be quite of giuing money for keeping of watches New exposition of lawe termes VVaste vastum commeth of the French gaster i. populari It signifieth diuersly in our common lawe first a spoile made either in houses woods gardens orchards c. by the tenent for terme of life or for terme of anothers life
Yere and day annus dies is a time thought in construction of our common lawe fit in many cases to determine a right in one and to worke an vsucapion or prescription in another As in a case of an estray if the owner proclamations being made chalenge it not within that time it is forfeit So is the yeare and day giuen in case of appeale in case of descent after entry or claime of no claime vpon a fine or writ of right at the common lawe so of a villein remaining in auncient demeane of the death of a man sore bruised or wounded of protections essoines in respect of the Kings service of a wreck and divers other cases Coke vol. 6. fol. 107. b. And that touching the death of a man seemeth an imitation of the civile lawe Nam si mortifere fuerit vulneratus postea post lon gum intervallum mortuus sit inde annum numerabimus secundum â—ulianum l. ait lex Î . ad legeÌ„ Aquil. Yeare day and waste annus dies vastum is a part of the Kings prerogatiue whereby he challengeth the profits of their lands and tenements for a yere and a day that are attainted of petit treason or felonie whosoeuer be Lord of the maner whereunto the lands or tenements do belong and not onely so but in the end wasteth the tenement destroyeth the houses rooteth vp the woods gardens pastures and ploweth vp medowes except the Lord of the fee agree with him for the redemption of such waste afterward restoring it to the Lord of the fee. Whereof you may reade at large in Stawnf praerog cap. 16. fol. 44. seqq Yoman seemeth to be one word made by contraction of two Danish words yong men which I gather out of Canutus Charter of the Forest set out by M. Manwood parte prim fol. prim num 2. in these words Sunt sub quolibet horum quatuor ex mediocribus hominibus quos Angli Legespend nuncupant Dani verò yong men vocant locati qui curam onus tum viridis tum veneris suscipiant These M. Camden in his Britan. pag. 105. placeth next in order to Gentlemen calling them Ingenuos whose opinion the statute affirmeth anno 16. R. 2. cap. 4. whereunto adde the statute anno 20. eiusdem Regis cap. 2. Sir Thomas Smith in his Repub. Anglor lib. prim cap. 23. calleth him a Yoman whom our lawes call legalem hominem which as he saith is in English a Free man borne that may dispend of his owne free land in yerely reuenew to the summe of forty shillings sterling Of these he writeth a good large discourse touching their estate and vse in this common wealth The former etymologie of the name he liketh not making question whether it come of the Dutch yonker yea or not which in the Low countries signifieth a meane Gentleman or a gay fellow But he that hath added the marginall notes to that booke seemeth to draw it from the Saxon Geman which signifieth a maried man M. Versteg an in his restitution of decayed intelligence cap. 10. writeth that Gemen among the auncient Teutonicks and Gemein among the moderne signifieth as much as Common and that the first leter G. is in this word as in many others turned into Y. and so written Yemen and that therfore Yemen or Yeomen signifieth so much as Commoner Yoman signifieth an Officer in the Kings house which is in the middle place betweene the Serge an t and the Groome as Yoman of the Chaundrie and Yoman of the Scullerie anno 33. H. 8. cap. 12. Yoman of the Crowne anno 3. Ed. 4. cap. 5. anno 22. eius cap. 1. anno 4. H. 7. cap. 7. This word Yongmen is vsed for Yomen in the statute anno 33. H. 8. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS