longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only understood where a man hath inheritance of Lands and Tenements by descent of heritage but also every fee simple or fee tail that a man hath by his purchase may be said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath assured no dower to his wife and she thereby is driven to sue for her thirds against the heir or his Guardian Old nat br fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be in the Seigneury of any Lord are in demand by a writ of right For if the Lord hold no Court or otherwise at the prayer of the Demandant or Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes he shall have this writ and if the Lord aver and prove that the Land is holden of him he shall recover the land for ever Old nat br fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri in these words Et sciendum quod rectoribus ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut personae Where it is plain that rector and persona be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
the Court of that which is done by vertue of his Office See the Statutes of dayes in bank anno 51 H. 3. et anno 32 H. 8. cap. 21. And in this signification Hilary Term is said to have four returns viz. Octabis Hilarii Quindena Hilarit crastine Purificationis Octabis Purificaticnis and Easter Term to have 5. returns viz. Quindena Pascha Tres paschae Mense paschae Quinque paschae et crastino Ascensionis And Trinity Term 4. returns i. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaâ—lmus Term 8. returns sc Octabis Michaelis Quindena Michaelis Tres Michaelis Mense Michaelis Crastine animarum Crastino Martini Octabis Martini Quindena Martini The other application of this word is in case of Replevy For if a man distraine cattel for rent c. And afterward justifie or avow his act that it be found lawfull the cattel before delivered unto him that was distrained upon security given to follow the action shall now be returned to him that distrained them Brook titulo Return d'avers et hommes fol. 218. you shall find this word often used in Fitzherb nat br as appeareth in the word Return in his table but in all those places it hath the one or the other of these two significations Returno habendo is a writ which lyeth for him that hath avowed a distresse made of cattel and proved his distresse to bee lawfully taken for the return of the cattel distrained unto him which before were replevied by the party distrained upon surety given to persue the action Terms of law verbo Replevin Returnum averiorum is a writ Iudicial granted to one impleaded for taking the cattel of another and unjust deteining of them centra vadium et plegies and appearing upon summons is dismissed without day by reason that the Plaintiff maketh default and it lyeth for the return of the cattel unto the Defendant whereby he was summoned or which were taken for the security of his appearance upon the summons Register Judicial fol. 4. a. Returnum irreplegiabile is a writ judicial sent out of the common plees to the Shyreeve for the final restitution or return of cattel to the owner unjustly taken by another as dammage seisant and so found by the jury before Iustices of Assise in the County For which see the Regist Iudicial fol. 27. a. b. Reve altà s Greve Prafectus is made of Geresa the Saxon word for a Governour Lamb. explica of Saxon words verbo Prafectus and that by rejecting the first syllable which hee saith among the Saxons is usuall It signifieth in our common Law the Bayliff of a Fraunchis or Mannor and especially in the West parts Of this you may see Kitchen fol. 43. See Greve See Shyreeve See also of this word M. Verstigan in his restitution of decayed intelligence cap. 10. speaking much to the same effect Revels seemeth to be derived from the French word Reveiller i. excitari vel expergâ—fieri It signifieth with us sports of daunsing masking comedies tragedies and such like used in the Kings house the houses of court or of other great personages The reason whereof is because they are most used by night when otherwise men commonly sleep be at rest In the Kings house there is an officer called the Master of these Reves who hath the ordering and dispositions of these pastimes in the Court. Revenewe is a French word signifying as much as Reditio Reversio Reditus It signifieth properly the yearly rent that groweth to every man form his lands and possessions Reversion Reversio signifieth in the common Law a possibility reserved to a mans self and his heirs to have again lands or tenements made over conditionally unto others upon the defect or fayling of such condition The difference between a Remainder and a Reversion is that a Remainder is general and may be to any man but to him that graunteth or conveyeth the land c. for term of life only or otherwise a Reversion is to himself from whom the conveiance of the land c. proceeded and commonly perpetual as to his heirs also Littleton fol. 12. in fine See Cook lib. 2. Sir Hugh Cholmleis case fol. 51. a. And yet a reversion is sometime confounded with a remainder Cook li. 2. Tookers case fol. 67. b. Plowden casu Hille fol 170. q. What this word Reversion in a deed doth carrie See Littleton lib. 2. cap. 12. Revocation Revocatio is the calling back of a thing granted Of these you have divers in the Register original as Revocationem brevis de audiendo et terminando fol. 124. Revocationem praesentationis fol. 304 et 305. Revocationem protectionis fol. 23. Revocationem specialium Iusticiariorum quia c. fol. 205. Reviving is a word metaphorically applied to rents and actions and signifieth a renewing of them after they be extinguished no lesse than if a man or other living creature should be dead and restored to life See divers examples in Brook titulo Revivings of rents action c. fol. 223. Rewardum See Regard Reweye anno 43 Blizab cap. 10. RI Rie is a Saxon word signifying as much as Regnum in Latine Camd. Britan. Pag. 346. Reins passe per le fait is a form of an exception taken in same cases to an action See Brook titulo Estaunger al fait or Record Riens dans le gard was a chalenge to a Iury or enquest within London for that four sufficient men of livelyhood to the yearly value of fortie shillings above all charges within the same City and dwelling and having within the same ward were not impanelled therein But it is abrogated by the Statute An. 7 H. 7. cap. 4. Rier county Retrocomitatus seemeth to come of the French Arriere i. posterior and in the Statute Anno 2. Edwar. 3. cap. 5. is opposite to the open county And by comparison of that Statute with Westm 2. cap. 38. it appeareth to be some publike place which the Shyreeve appointeth for the receipt of the Kings money after the end of his County Fleta saith that it is diet crastinus post comitatum li. 2. cap. 67. R. Quia Iusticiurii Right Rectum See Recto Ridings be the names of the parts or divisions of York shire being three in number viz. West riding East riding and North riding Cambd. Britan pag. 530. This word is mentioned in the Statute anno 22 H. 8. cap. 5 23 H 8. cap. 18. and M. West parte 2. symbol titulo Inditements saith that in Inditements within that County it is requisite that the town and the Riding be expresed sect 70. Q. Right in the Court Anno 6 R. 2. stat 1. cap. 12. See Rectus in Curia Ringhead anno 43 Elizab. cap. 10. Riot Riottum cometh of the French Riotter i. rixari It signifieth in our common Law the forcible doing of an unlawful act by three or more persons assembled together for that purpose Westm. parte 2. symbol titulo Inditements sect 65. P. The
fol 173. Super praerogativa Regis cap. 3. is a writ lying against the Kings widow for marying without his license Fitzherbert nat brev fol. 174. Supplicavit is a writ issuing out of the Chancery for taking the surety of peace against a man It is directed to the Iustices of peace of the County and the Sheriff and is grounded upon the Statue anno pri Edw. 3. cap. 16. which ordaineth that certain persons in Chancery shall be assigned to take care of the peace See Fitzh nat bre fol. 80. This writ was of old called Breve de minis as Master Lamberd in his Eirenarcha noteth out of the Regist orig fol. 88. Sur cui in vita is a writ that lyeth for the heir of that woman whose fiusband having alienated her Land in fee she bringeth not the writ Cui in vita for the recovery of her own Land for in this case her heir may take this writ against the Tenent after her decease Fitzherbert natura brev folio 193. B. Surgeon commeth of the French Chirurgeon i. Chirurgus vulnerarius signifying him that dealeth in the mechanical part of Physick and the outward cures performed with the hand The French word is compounded of two Greek words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not allowed to minister inward medicine See Statute 32 Hen. 8. cap. 4. and Master Powltons new Abridgement titulo Surgeons Surcharger of the Forest is he that doth common with more Beasts in the Forest than he hath right to common withall Manwood parte 2. of his Forest Laws 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 than needeth which sometime is a cause that a Writ abateth Brook titulo Nugation and Supersluity fol. 100 Plowdens casu Dives contra Maningham fol. 63. b. It is sometime also applyed to matter of account and signifieth a greater disbursement than the charge of the Accomptant amounteth unto Surrcjoynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surrejoynder is a second defence of the Plaintiff action opposite to the Defendants Rejoynder And therefore as he saith Hotoman calleth it Triplicationem quae est secunda actoris defensio contra Rei duplicationem opposita Not Hotoman only calleth this triplicationem but the Emperor himsel De Replicationibus libro 4. Institut titulo 14. Surrender sursum redditio is an Instrument testifying with apt words that the particular Tenent of Lands or Tenements for life or years doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reversion thereof shall also have the particular estate of the same in possession and that he yeeldeth and giveth up the same unto him For every surrender ought forhwith to give a possession of the things surrendred West parte 1. lib. 2. Sect. 503. where you may see divers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deed and a suâ—render in Law A surrender in deed is that which is really and sensibly performed Surrender in Law is in intendment of Law by way of consequent and not actual Perkins Surrender fol. 606. seq as if a man have a lease of a farm and during the term he accept of a new lease this act is in Law a surrender of the former Coke vol. 6. fol. 11. b. Sursise supersisae anno 32 H. 8. cap. 48. seemeth to be an especial name used in the Castle of Daver for such penalties and forfeitures as are laid upon those that pay not their duties or rent for Castleward at their dayes an 32 H. 8. cap. 48. Bracton hath it in a general signification lib. 5. tract 3. cap. 1. nu 8. and Fleta lib. 6. c. 3. in prin Surveiour supervisor is compounded of two French words sur i. super and veior i. cernere intueri despicere prospicere videre It signifieth in our Common law one that hath the overseeing or care of some great personages lands or works As the Surveiour general of the Kings mannors Cromptons Jurisd fol. 106. And in this signification it is taken anno 33 H. 8. cap. 39. where there is a Court of Surveyours crected And the Surveyour of the Wards and Liveries West parte 2. symbologr titulo Chancerie Sect. 136. which Officer is erected anno 33 H. 8. cap. 22. who is the second Officer by his place in the Court of Wards and Liveries assigned and appointed by the King His Office seemeth especially to consist in the true examination of the Lands belonging to the Kings wards that the King be not deceived At the entrance into his Office he taketh an Oath ministred unto him by the Master of that Court which see anno 33 H. 8. ca. 39. Surveior of the Kings Exchange anno 9 H. 5. stat 2. cap. 4. was an Officer whose name seemeth in these daies to be changed into some other For I cannot learn that there is any such now Survivour is compounded of two French words sur i. super and viure i. aetatem agere vivere whence also commeth the compound surviure i. superesse It signifieth in our Common law the longer liver of two joynt Tenents See Brook titulo Joynt-tenents fol. 33. or of any two joyned in the right of any thing Suspension suspensio is used for a temporal stop of a mans right and differeth from extinguishment in this that a right of estate suspended reviveth again but extinguished it dyeth for ever Boook titulo Extinguishment and Suspension fol. 314. Suspension is also used in our Common law sometimes as it is used in the Canon law pro minori Excommunicatione As anno 24 H. 8. ca. 12. See Excommunication Suspirall seemeth to be a Spring of water passing under the ground toward a Conduit or Cestern anno 35 H. 8. cap. 10. and to be derived from the Latin suspirare or the French souspirer i. ducere suspiria And indeed the word it self is French for suspiral in that Tongue signifieth spiramentum cavernae the mouth of a Cave or Den or the tunnel of a Chimney Swainmot aliâs Swainmote Swainmotum signifieth a Court touching matters of the Forest kept by the Charter of the Forest thrice in the year anno 3 Hen. octav cap. 18. it is called also a Swainmote what things be inquirable in the same you may read in Cromptons Iurisdict fol. 180. who saith that this Court of Swainmote is as incident to a Forest as the Court of a Pie-powder to a Fair with whom agreeeth M. Manwood parte pri of his Forest-laws pag. 144. The word seemeth to be compounded of Swain and mot or Gemot For Swain as M. Manwood saith ubisupra pag. 111. in the Saxons tongue signifieth a Bookland man which at this day is taken for a Charterer or Freeholder and Gemot as Mr. Lamberd
que lieu is interponere judicium suum Of this Verb commeth the Participle assis as estre assis i. sedere And this Participle in the grand Customary of Normandy c. 68. is used as we would say appointed limited or determined viz. au jour qui est assis à faire la battaille se doibuent les champions offrir à la justice That is At the day which is appointed for the combat the Champions ought to offer themselves to the Iustice So that by all these places compared together it is evident whence the original of this word assise floweth How diversly it is used in our Common law it followeth that we declare First Littleton in the Chapter Rents saith that it is aequivocum where he setteth down three several significations of it one as it is taken for a Writ another as it is used for a Iury the third as for an Ordinance And him he that listeth may read more at large My Collections have served me thus first assise is taken for a Writ directed to a Sheriff for the recovery of possession of things immoveable where of your self or your Ancestors have been disseised And this is as well of things corporal as incorporeal rights being of four sorts as here they follow in their order Assise of novel disseisin assisanovae disseisinae lyeth where a Tenent in fee-simple fee-tail or for term of life is lately disseised of his Lands or Tenements or else of a Rent-service Rent-seck or Rent-charge of common of Pasture of an office of toll tronage passage pownage or for a Nusance levied and divers other such like For confirmation whereof you may read Glanvile li. 10. c. 2. Bracton li. 4. tract 1. per totum Britton c. 70. seq Reg orig fol. 197. Fitz. Nat. br fo 177 178 179. New book of Entries fo 74. col 3. West 2. c 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 Towns corporate being a kind of Assise for recovery of possession in such places within forty daies after the force as the ordinary Assise is in the County Fitzh Nat. br fol. 7. c. This the Civilians call Judicium possessorium recuperandi Assise of mort d'auncester assisa mortis antecessoris lyeth where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a Stranger abateth and it is good as well against the Abatour as any other in possession How likewise this is extended see Bracton lib. 4. trast 3. per totum Britton ca. 70. cum multis sequent Fitzh Nat. br fo 114. Regist. orig fo 223. This the Civilians call Judicium possessorium adipiscendâ— Assise of darrein presentment assisa ultimae praesentationis lyeth where I or mine Ancestor have presented a Clark to a Church and after the Church being void by the death of the said Clark or otherwise a Stranger presenteth his Clark to the same Church in disturbance of me And how otherwise this Writ is used see Bracton l. 4. tract 2. Reg. orig fo 30. Fitzh Nat. br fo 195. Assise de utrum assisa utrum lyeth for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tenement doubtfull whether it be lay-fee or free-alms And of this see Bracton li. 4. sract 5. ca. 1. seq Britton ca. 95. The reason why these Writs be called assises may be divers First because they settle the possession and so an outward right in him that obtaineth by them Secondly they were originally sped and executed at a certain time and place formerly appointed For by the Norman law the time and place must be known forty days before the Iustices sate of them and by our Law there must be likewise fifteen daies of preparation except they be tryed in those standing Courts of the King in Westminster as appeareth by F. N. B. fo 177. d e. Lastly they may be called Assises because they are tryed most commonly by especial Courts set and appointed for the purpose as may be well proved not only out of the Customary of Normandy but our books also which shew that in antient times Iustices were appointed by special Commission to dispatch controversies of possession one or more in this or that only County as occasion fell out or disseisins were offered and that as well in Term time as out of Term whereas of later daies we see that all these Commissions of Assises of Eyr of Oyer and Terminer of Gaol-delivery and of Nisi prius are dispatched all at one time by two several Circuits in the year out of term and by such as have the greatest sway of Iustice being all of them either the Kings ordinary Iustices of his Benches Sergeants at the Law or such like Assise in the second signification according to Littleton is used for a Jury For to use his own example it is set down in the beginning of the Record of an Assise of novel disseisin assisa venit recognatura which is as much as to say as Juratores venâ—unt recognituri The reason why the Iury is called an Assise he giveth to be this because by writ of Assise the Sheriff is commanded quod faciat duodecim liberos legales homines de viceneto c. Videre Tenementum illud nomina corum imbreviari quòd summoneat eos per bonas summonitiones quòd sint coram Justiciariis c. parati inde facere recognitionem c. This is as if he should have spoken shorter Metonymia effecti For they are called the Assises because they are summoned by vertue of the Writ so termed And yet the Iury summoned upon a Writ of right is likewise called the Assise as himself there confesseth Which writ of right is not an Assise but this may be said to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or abusively so termed Assise in this signication is divided in magnam parvam Glanvile li. 2. c. 6 7 c. and Britton c. 12. where it appeareth wherein the great Assise differeth from the petit Assise whom I wish to be read by those who would be further instructed in this point For this place thus much in short The former four kinds of Assises used in actions only possessory be called petit assises in respect of the grand Assise For the Law of fees is grounded upon two rights one of possession the other of property and as the grand Assise serveth for the right of property so the petit assise serveth for the right of possession Horns mirror of Justices l. 2. c. de novel disseisin Assise in the third signification according to Littleton is an Ordinance or Statute as the Statute of bread and ale made anno 51 H. 3. is termed the assise of bread and ale assisa panis cervisiae Register orig fol. 279. b. The Assise of Clarendon
writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoins Clerk of the Outlawries Whose distinct functions look in their places See Common Bench. Common day in plee of land anno 13 R. 2. stat 1. cap. 17. signifieth an ordinary day in the Court as Octavis Michaelis quindena Pascae c. as you may see in the statute made an 51 H. 3. concerning general dayes in the Bench. Common house of Parliament is used for the nether house because the Commons of the Realm that is the Knights of the Shires and Burgesses possesse that house Crompton jurisd 9. Commotes seemeth to be compounded of the Preposition con and mot i. dictio verbum and signifieth in Wales a part of a Shire as an Hundred anno 28 H. 8. cap. 3. It is written Commoiâ—hes anno 4 H. 4. cap. 17. and is used for a gathering made upon the people as it seemeth of this or that Hundred by Welsh Minstrels Common law communis lex hath three divers significations which see in the Author of new terms of law verb. Common law Communi custodia is a writ that lyeth for that Lord whose Tenant holding by Knights service dyeth and leaveth his eldest Son under age against a stranger that entreth the land and obtaineth the ward of the body It may seem to take the name from the Common custome or right in this case which is that the Lord have the wardship of this Tenant until his full age or because it is common for the recovery both of Land and Tenant as appeareth by the form thereof Old nat br fol. 89. See also the Register orig fol. 161. a. Communi placito non tenendo in scaccario is a a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Pleâ— between two common persons in that Court ther of them belonging toward the said Court Register orig fol. 187. b. Companion of the Garter is one of the Knights of that most noble and honourable order anno 24 H. 8. cap. 13. See Garter Compromis compromissum is a mutual promise of two or more parties at difference to referre the ending of their Controversies to the arbitriment and equity of one or more arbitratours West defineth it thus parte 2. symbol titulo Compromise sect pri A compromise or submission arbitrium compromissum submissio is the faculty or power of pronouncing sentence between persons at controversie given to arbitratours by the parties mutual private consent without publike authority Computo is a writ so called of the effect because it compelleth a Bailiff Chamberlain or Receiver to yeeld his account Old nat br fol. 58. It is founded upon the statute of West 2. c. 2. an 13 E. 1. which for your hetterunderstanding you may read And it lyeth also for executours of executours anno 15 Ed. 3. statut de provis victual cap. 5. Thirdly against the gardian in Socage for waste made in the minority of the heir Marbl cap. 17. And see farther in what other cases it lyeth Register orig fol. 135. Old nat br ubi supra Fitzh nat br fol. 116. Concealers be such as find out concealed lands that is such lands as are privily kept from the King by common persons having nothing to shew for them anno 39 Eliz. cap. 22. They be so called à concelando as mons à movendo per antiphrasin Concord concordia is in the Common law by a peculiar signification defined to be the very agreement between parties that intend the levying of a Fine of lands one to the other who and in what manner the land shall passe For in the form thereof many things are to be considered West parte 2. Symbol titulo fines and concords sect 30. whom read at large Concord is also an agreement made upon any trespasse committed between two or more and is divided into a Concord executory and a Concord executed See Plowden casu Renigâ—r Fogassa fol. 5. 6. where it appeareth by some opinion that the one bindeth not as being imperpect the other absolute and tyeth the partieâ— and yet by some other opinion in the same case it is affirmed that agreements executory be perfect and do no lesse bind than agreements executed fol. 8. b. Concubinage concubinatus is an exception against her that sueth for her Dower whereby it is alleged that she was not a wife lawfully married to the partie in whose lands she seeketh to be endowed but his Concubine Britton cap. 107. Bract. l. 4. tract 6. cap. 8. Condition conditio is a rate manner or law annexed to mens acts staying or suspending the same and making them uncertain whether they shall take effect or no West part 1. symb li. 2. Sect. 156. In a Lease there may be two sorts of conditions condition collateral or condition annexed to the rent Sir Edward Coke lib. 3. Pennants case fol. 64. Collateral condition is that which is annexed to any collateral act as that the Leassee shall not go to Rome ib. fol. 65. Condition is also divided into condition in deed or fact and condition in Law which otherwise may be termed condition expressed and condition implyed Perkins Conditions 722. These and other like divisions of conditions you may read in the Author of the new Termes of Law verbo condition And in Litleton lib. 3. cap. 5. Conders may seem to proceed from the French Conduire 1. deducere gubernare they be such is stand upon high places near the Sea-coast at the time of Herring-fishing to make signes with Boughes c. in their hand unto the Fishers which way the shole of Herrings passeth For that may better appear to such as stand upon some high cliff on the shore by a kind of blew colour that the said Fish causeth in the water than to those that be in the Ships These be otherwise calleth Huers by likelihood of the French huyer i. exclamare and balkers as appeareth by the statute anno 1 Jacob. cap. 23. Cone key Bracton lib. 2. cap. 37. nu 3. Look Cover and Key Confirmation confirmatio is a strengthening of an estate formerly had and yet voidable though not presently void For example a Bishop granteth his Chancelership by Patent for the term of the Patentee his life this is no void grant but voidable by the Bishops death except it be strengthened by the confirmation of the Dean and Chapter See more of this in West parte prim symb lib. 2. sect 500. and Fitzh nat br fol. 169. B. 226 H. 271 D. 163. G. and Littleton lib. 3. cap. 9. Confiscate confiscatus may be said to come either from the Latine confiscare or the French confisquer i. in publicum addicere All these words are drawn from fiscus which originally signifieth a Hamper Pannier Basket or Freil but Metonymically the Emperours Treasure because it was antiently kept in such Hampers c. And though our King keep not his Treasure in such things yet as the Romans said that such goods
Jurisd fol. 105. Controller of Calis anno 21 Rich. 2. cap. 18. Controller of the Mint anno 2 H. 6. cap. 12. Controller of the Hamper Contrarotulator Hamperii which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time and dayes appointed for sealing His office is to take all things sealed from the Clerk of the Hanaper inclosed in bags of Lether as is mentioned in the laid Clerks office and opening the bags to note the just number and especial effect of all things so received and to enter the same into a special book with all the duties appertaining to his Majestie and other officers for the same and so chargeth the Clerk of the Hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice every year to the Sheriffs to levie the ferms and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the Pell is also an officer of the Exchequer of which sort there be two vtz the two Chamberlains Clerks that do or should keep a controlment of the Pell of receipts and goings out And in one word this officer was originally one that took notes of any other officers accounts or receipts to the intent to discover him if he dealt amisse and was ordained for the Princes better security howsoever the name sithence may be in somethings otherwise applyed To the proof whereof you may take these few words out of Fleta lib. 1. cap. 18. in prim Qui cùm fuerint ad hoc vocati Electi speaking of the Coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentent contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illudtangentibus c. Which contrarollum is nothing else but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or original This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France For there the King hath his Receivers of Tailes in every Province Controllers qui ad majorem fidem susceptoribus accedunt describuâ—tque in tabulis quae colliguntur Gregorii syntag lib. 3. cap. 6. num 6. Conventione is a Writ that lyeth for the breach of any covenant in writing Register orig fol. 185. Old nat br fol. 101. Fitzh calleth a Writ of Covenant nat br fol. 145. who divideth covenants into personal and real making a sufficient discourse of them both as also how this Wtit lyeth for both Convict convictus is he that is found guilty of an offence by the verdict of the Jurie Stawnf pl. cor fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith that conviction is either when a man is out-lawed oâ— appeareth and confesseth or else is found guilty by the Inquest Crompt Just of Peace fol. 9. a. Conviction and attainder are often confound ed lib. 4. fol. 46. a. b. See Attaint Coparceners participes be otherwise called Parceners and in Common Law are such as have equal portion in the Inheritance of their Ancestour and as Litleton in the beginning of his third Book saith Parceners be either bâ— Law or by custome Parceners by Law are the issue Female which no heir Male being come in equality to the Lands of their Ancestours Bract. lib. 2. cap. 30. Parceners by custom are those that by Custome of the Countrey challenge equal part in such Lands as in Kent by the Custome called Gavel Kind This is called Adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the Civilians it is termed familiae erciscundae judicium quod inter cohaeredes ideo redditur ut haereditas dividatur quod alterum alteri dare facere oportâ—bit praestetur Hotoman Of these two you may see Litleton at large in the first and second Chapters of his third Book and Britton cap. 27. intituled De heritage divisable The Crown of England is not subject to Coparcinory anno 25 H. 8. cap. 22. Copie copia cometh from the French copia i. le double de quelque escripture latinè descriptio graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an original writing as the copie of a Charter the copie of a Court-roll Copia libelli deliberanda is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical Reg. orig fol. 51. Copie-hold tenura per copiam rotuli curiae is a tenure for the which the Tenent hath nothing to shew but the copie of the Rolls made by the Steward of his Lords Court For the Steward as he inrolleth and maketh remembrances of all other things done in the Lords Court so he doth also of such Tenents as be admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the transcript of this is called the Court-roll the copie whereof the Tenent taketh from him and keepeth as his only Evidence Coke lib. 4. fol. 25. b. This Tenure is called a Base-tenure because it holdeth at the will of the Lord. Kitchin fol. 80. cap. Copy-holds Fitzh nat br fol. 12. B. C. who there saith that it was wont to be called Tenure in villenage and that this Copie-hold is but a new name Yet it is not simply at the will of the Lord but according to the custome of the Manor So that if a Cople-holder break not the custome of the Manor and thereby forfeit his Tenure he seemeth not so much to stand at the Lords courtesie for his right that he may be displaced hand over head at his pleasure These customes of Manor be infinite varying in one point or other almost in every several Manor First some Copy-hold is fineable and some certain that which is fineable the Lord rateth at what fine or income he pleaseth when the Tenent is admitted unto it that which is certain is a kind of inheritance and called in many places Custumarie because the Tenent dying and the hold being void the next of the blood paying the custumarie fine as two shillings for an Acre or such like may not be denyed his admission Secondly some Copy-holders have by custome the wood growing upon their own land which by Law they could not have Kitchin ubi supra Thirdly Copy-holders some be such as hold by the verge in ancient Demesn and although they hold by Copy yet are they in account a kind of Free-holder For if such a one commit Felonie the King hath annum diem vastum as in case of Freehold Some other hold by common Tenure called meer Copy-hold and they committing Felony their land escheateth to the Lord of the Manor forthwith Kitchin fol. 81. chap. Tenents per verge in ancient Demesn What ancient Demesn is see in the right place See Tenent by Copie
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of the Sea So that when you are out of the Main Sea within the Haven look how many landing places you have so many Creeks may be said to belong to that Haven See Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that a Woman divorced from her Husband hath to recover lands or tenements from him to whom her husband did alienate them during the marriage because during the marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
the Heir of him that holdeth Land of the Crown either by Knights service or in soccage and dyeth be he under or at full age directed to the Escheatour of the County for inquiry to be made by him of what estate the deceased party was seised who is next heir unto him and of what value the Land is The form thereof and other circumstances you may learn in Fitz. nat br fol. 251. Dyer was a learned Lawyer and Lord Chief Justice of the Common Plees in the dayes of Queen Elizabeth who writ a Book of great account called his Commentaries or Reports Dies datus is a respight given to the Tenant or Defendant before the Court Brook tisulo Continuance Dicker of Leather is a quantity consisting of ten hides The name may seem to come from the Greek Decas which is also a Latine word signifying ten in number Diguity Ecclesiastical dignitas Ecclesiaâ—tica is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be administratio cum jurisdictione potestate te aliquae conjuncta Glos in cap. 1. de consuct in sexte whereof you may read divers examples in Duarynus de sacris Eccles minist benefic lib. 2. cap. 6. Dioces diocesis is a Greek word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth with us the circuit of every Bishops Jurisdiction For this Realm hath two sorts of divisions one into Shires or Counties in respect of temporal policy another into Diocesses in respect of Jurisdiction Ecclesiasticall Diet a rationabilis is in Bracton used for a reasonable dayes journey lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significations not needful here to be set down v. vocab utriusque juris Dimibaque See Haque Disalt signifieth as much as to disable Litleton in his Chapter of Discontinuance Disceite See Deceit and deceptione See the new book Entrie verbo Disceit Discent Discensus in the French Descents signifieth in the Common law an order or means whereby Lands or Tenements are derived unto any man from his Ancestors as to makehis discent from his Ancestors Old nat br f. 101. is to shew how and by what degrees the Land in question came to him from his Ancestors as first from his great Grandfather to his Grandfather from his Grandfather to his Father and so to him Or in such other like sort This discent is either lineal or collateral Lineal Discent is conveyed downward in a right line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral discent is springing out of the side of the whole blood as Grandfathers brother Fathers brother c. See the new Tearms of Law Disclamer Disclamium is a Plee containing an expresse denial or refusal as if the Tenant sue a Replevin upon a Distresse taken by the Lord and the Lord avow the taking of the distresse saying that he holdeth of him as of his Lord and that he distremed for rent not payd or service not performed then the Tenant denying himself to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant leeleth his Land Terms of Law Of this see Skene de verb. fignif verbo Disclamation Also if a man denie himself to be of the blood or kindred of another in his Plee he is said to disclaim his blood Fitzh nat br fol. 197. G. See Brook titulo Diselamer If a man arraigned of Felony do disclaim goods being cleered he leeseth them Stawnf pl. cor fol. 186. See the new book of Entries verbo Disclamer Discontinuance Discontinuatio cometh of the French Discontinuer i. cessare intermittere and signifieth in the Common law nothing else but an interruption of breaking off as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not than to define the thing The effect of Discontinuance of possession is this that a man may not enter upon his own Land or Tenement alienated whatsoever his right be unto it of his own self or by his own authority but must bring his Writ and seek to recover possession by Law Examples you may have store in his Tearms of Law verbo Discontinuance And in Litleton codem capite with whom agreeth another in these words But Discontinuance of Possession is indeed an impediment to a man for entring into his own Land or Tenements caused by the fact of one that alienated them contrary to right and gave Livery and Seisin of them whereby the true owner is left only to his action See the new Tearms of Law and the Institutes of the Common law cap. 43. and see S. Ed. Cokes Reports lib. 3. the Case of Fines fol. 85. b. The effect of Discontinuance of Plee is that the instance is fallen and may not be taken up again but by a new Writ to begin the Sute a fresh For to be discontinued to be put without day is all one and nothing else but finally to be dismissed the Court of that instance West parte 2. Symbol tit Fines sect 115. So Crompton in his divers Jurisdictions fol. 131. useth it in these words If a Justice seat be discontinued by the not coming of the Justices the King may renew the same by his Writ c. In this signification Fitzherb in his nat br useth the word divers times as discontinuance of Corody fol. 193. A. To discontinue the right of his wise fol. 191. L. 193. L. Discontinuance of an assise fol. 182. D. 187. B. Disgrading Degradatis is the punishment of a Clerk that being delivered to his Ordinaty cannot purge himself of the offence whereof he was convicted by the Juryâ— and is nothing but the privation of him from those orders of Clerkship that he had as Priesthood Deaconship c. Slâ—â—f 〈…〉 138. There is likewise â—isgrading of a Knight Stowes Annals pag. 855. And it is not to be omitted that by the Canon Law there be two forte of disgrading one summary by word onely and another solemn by devesting the party degraded of those Ornaments and Rites which be the ensighes of his Order or Degree Dismes Decimes is made of the French Decimes and signifieth Tithe or the tenth part of all the fruits either of the earth or beasts or our labour due unto God and so consequently to him that is of the Lords lot and had his share viz. our Pastour It signifieth also the Tenths also of all spititual livings yearly given to the Prince called a perpetuar Dismo anno 2. 3. Edwar. 6. cap. 35. which in ancient times were paid to the Pope until Pope Urbane gave them to Richard the second to aid him against Charles the French King and those other that upheld Clement the seventh against him Polidor Vâ—igil Angl. hist
the bestowing or assuring of a Dower See Dower But it is sometime used Metaphorically for the setting forth or severing of a sufficient portion for a Vicar toward his perpetual maintenance when the Benefice is appropriateâ— See Appropriation And the Statute An. 15. R. 2. c. 5. Endowment de la plus belle parte is where a man dying seised of some lands holding in Knights service and other some in socage the Widow is sped of her Dower rather in the lands holding in soccage than Knights service Of this read Litleton more at large lib. 1. cap. 5. Enfranchisement cometh of the French Franchise i. libertas and is in a manner a French word of it self it signifieth in our Common law the incorporating of a man in any society or body politick For example he that by Charter is made Denizen of England is said to be infranchised and so is he that is made a Citizen of London or other City or Burgesse of any Town Corporate because he is made partaker of those liberties that appertain to the Corporation whereinto he is infranchised So a villain is infranchised when he is made free by his Lord and made capable of the benefits belonging to the free-men Englecerie Engleceria is an old abstract word signifying nothing else but to he an English-man For example if a man be privily slain or murdered he was in old time accounted Francigena which word comprehendeth every alien until Englecerie was proved that is until it were made manifest that he was an English-man A man may marvel what meaning there might be in this but Bracton cleareth the doubt who in his third book tract 2. cap. 15. num 3. telleth us that when Canutus the Danish King having setled his estate here in peace did at the request of our Barons disburden the land of his army wherein he accounted his greatest safety and conditioned with them that his Countrey-men which remained here should continue in peace and the more to secure that that for every Francigena under which word as is above said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be levied to his Treasurie 66 marks out of the village where the murther was committed or out of the Hundred if the Village were not able to pay it and further that every man murthered should be accounted Francigena except Englecery were proved which how it was to be proved look the seventh Number in the same Chapter And see also Horns mirrour of Justices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Engleceris for the abuses and troubles that afterward were perceived to grow by it was clean taken away by a Statute made Anno 14. Edward 3. capite quarto Enheritance See Inheritance Enquest Inquifitio 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 Romans nor French men ever had use of that I can learn And that is the Enquest of Jurors or by Jurie which is the most usual trial of all causes both Civil and Criminal in our realm For in causes Civil after proof is made on either side so much as each party thinketh good for himself if the doubt be in the fact it is referred to the discretion of twelve indifferent men empaneled by the Sheriff for the purpose and as they bring in their Verdict so judgement passeth For the Judge faith the Jurie findeth the fact thus then is the Law thus and so we judge For the Enquest in causes criminal see Jurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An Enquest is either of office or at the mise of the party Stawn pl. cor lib. cap. 12. Entendment cometh of the French entendiment i. intellectus ingenium It signifieth in our Common law so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayl feudum talliatum cometh of the French entaille i. inscisus and in our Common law is a substantive abstract signifying Fee-tail or Fee-intailed Litleton in the second Chapter of his Book draweth Fee-tail from the verb Talliare which whence it cometh or whether it will I know not whereas in truth it must come from the French taille i. sectura or tailler i. scindere secare And the reason is manifest because Fee-tail in the Law is nothing but Fee abridged scanted or currelled as you would say or limited and tyed to cettain conditions Taille in France is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorum lib. 3. cap. Talea See Fee See Tail 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 praejudicialis in the Civil Law that is the discussing of a point incidently falling out before the principal cause can take end For example two several persons being found Heirs to Land by two several offices in one Countie the King is brought in doubt to whether livery ought to be made and therefore before Livery be made to either they must enterplead that is formerly trie between themselves who is the right Heir Stawnf praeroga cap. 12. See more examples in Broke titulo Enterpleder Entire tenancie is contrary to several Tenencie signifying a sole possession in one man whereas the other signifieth joynt or common in more See Broke several Tenencie See the new book of Entries verbo Entier tenancie Entry Ingressus cometh of the French entree i. introitus ingressus aditus and properly signifieth in our Common law the taking possession of Lands or Tenements See Plowden Assise of fresh force in London fol. 93. b. It is also used for a Writ of possession for the which see Ingressu And read West also parte 2. Symbol titulo Recoveries Sect. 2. 3. Who there sheweth for what things it lyeth and for what things it lyeth not Of this Britton in his 114. Chapter writeth to his effect The Writs of entry savour much of the right of poverty As for example some be to recover customes and services in the which are contained these two words solet debet as the Writs Quo jure Rationalibus divisis rationabili est overio with such like And in this place of entrie there be three degrees The first is where a man demandeth Land or Tenements of his own seisin after the Term is expired The second is where one demandeth Lands or Tenements let by another after the Term expired The third where one demandeth Lands or Tenements of that Tenent that had entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is withour degrees and in case of a
permitteth it is by Law guilty of the fault committed by him that escapeth be it Felony Treason or Trespass Negligent escape is when one arrested and afterwards escapeth against his will that arrested him and is not pursued by fresh sute and taken again before the party pursuing hath lost the sight of him Idem cap. 27. But there read more of this matter for there be doubts worth the consideration And of the course of punishment by the Civil Law in this point read in Practica criminali Claudii de Battandier reg 143. read also Cromptons Justice fol. 35. b. fol. 36. 37. and read the new Terms of Law There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forrest is delivered of that punishment which by order of the forrest lyeth upon those whose beasts be found within the land forbidden Cromptons Jurisdict fol. 196. Eschequer Scaccarium cometh of the French Eschequier i. abacus tabula lusoria and signifieth the place or Court of all receipts belonging to the Crown and is so termed as I take it by reason that in ancient times the accomptants in that Office used such Tables as Arithmetitians use for their calculations for that is one signification of Abacus amonst others Polydor. Virgil. lib. 9. hist Anglc. saith that the true word in Latine is Statarium and by abuse called Scaccarium In mine opinion it may well seem to be taken from the German word Schatz signifying as much as Thesaurus or Fiscus And from this fountain no doubt springeth the Italian word Zecchâ—â— signifying a mint and Zecherit aliâs Zechieri the Officers thereunto belonging Descis Geâ—uen 134. M. Cam. in his Britan. pag. 113. saith that this Court or office took the name à tabula ad quam assidebant proving it out of Gervasius Tilburiensis whose words you may read in him This Court is taken from the Normans as appeareth by the Grand Custumarie cap. 56. where you may find the Eschequier thus described The Eschequier is called an assembly of High Justiciers to whom it appertaineth to amend that which the Bailiffes and other meaner Justiciers have evil done and unadvisedly judged and to do right to all men without delay as from the Princes mouth Skene de verbo Significatione verbo Scaccarium hath out of Paulus Aemilius these words Saccarium dicitur quasi S. at arium quòd homines ibâ— in jure sistantur vel quòd sit stataria perennis curia cum caeterae curiae essent indictivae nec loco nec tempore state where he saith also of himself that in Scotland the Eschequer was stable but the other Session was deambulatorie before James the fist qui instituit Statariam curiam cum antea esset indictiva he addeth farther Others think that Scaccarium is so called à similitudine ludi Scaccorum that is the play of the Chests because many persons meet in the Chequer pleading their causes one against the other as if they were fighting in arraied battel Others think that it cometh from an old Saxon word Scata as writeth S. Thomas Smith which signifieth Treasure taxation or Imposts whereof account is made in the Chequer This Court consisteth as it were of two parts whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers anciently called Scaccarium computorum as Ockam testifieth in his lucubrations the other is called the receipt of the Exchequer which is properly imployed in the receiving and payment of money Crompton in his Jurisdictions fol. 105. defineth it to be a Court of Record wherein all causes touching the revenues of the Crown are handled The officers belonging to both these you may find named in M. Camddens Britannia cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled in Westminster was in divers Counties of Wales anno 27 H. 8. cap. 5. but especially cap. 26. Escheate Eschaeta cometh of the French escheoir i. cadere accidere excidere and signifieth in our Common law any lands or other profits that fall to a Lord within his Manor by way of forfeiture or the death of his Tenent dying without Heir general or especial or leaving his Heir within age or unmarried Magna Charta c. 31. Fitzh nat br f. 143. T c. Escheat is also used sometime for the place circuit within the which the King or other Lord hath escheats of his Tenents Bracton lib. 3. tract 2. cap. 2. pupilla oculi parte 2. cap. 22. Escheat thirdly is used for a VVrit which lieth where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord dyeth seised without Heir general or especial For in this case the Lord bringeth this VVrit against him that possesseth these Lands after the death of his Tenentâ— and shall there by recover the same in lieu of his services Fitzh nat br fol. 144. These that we call Escheats are in the Kingdom of Naples called Excadentia or bona excadentiala as Baro locat excadentias eo modo quo locatae fuerunt ab antiquo it a quod in nullo debita servitia minuantur non remittit Gallinam debitam Jacobutius de Franchis in praeludiis ad feudorum usum tit 1. num 29. num 23. v. Maramae singularia verbo Excademia And in the same signification as we say the Fee is escheated the Feudists use feudum aperitur lib. 1. feudal titulo 18. § 2. titul 15. titul 26. § 4. Escheatour Escaetor cometh of Escheat and signifieth an officer that observeth the Escheats of the King in the County whereof he is Eseheatour and certifieth them into the Exchequer This officer is appointed by the L. Treasurer and by Letters Patents from him and contineth in his office but one year neither can any be Escheatour above once in three years anno 1 H. 8. cap. 8. anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace See anno 29 Ed. 1. The form of the Escheatours oath see in the Register original fol. 301. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a Record Officium escaetriae is the Escheatourship Regist orig fol. 259. b. Escuage Scutagium cometh of the French escu i. clypeus a buckler or shield In our Common law it signifieth a kind of Knights service called service of the Shield whereby the Tenent holding is bound to follow his Lord into the Scotish or Welsh wars at his own charge for the which see Chivalrie But note that Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights service being subject to homage fealty ward and marriage so called because it is uncertain how often a man shall be called to follow his Lord into those wars and again what his charge will be in
Sheriff for the apprehension of him who standeth obstinately excommunicated for forty dayes for such a one not seeking absolution hath or may have his contempt certified or signified into the Chancery whence issueth this Writ for the laying of him up without Bayl or Mainprise until he conform himself Fitzh nat br fol. 62. anno 5 Eliz. cap. 23. and the Regist orig fol. 65 67 70. Excommunicato deliberando is a Writ to the under Sheriff for the delivery of an excommunicate person out of prison upon certificate from the Ordinarie of his conformity to the Jurisdiction Ecclesiastical See Fitzherb nat br fol. 63. a. and the Register fol. 65 67. Excommunicato recipiendo is a Writ whereby persons excommunicate being for their obstinacy committed to prison and unlawfully delivered thence before they have given caution to obey the authority of the Church are commanded to be sought for and layd up again Regist orig fol. 67 a. Executione facienda is a VVrit commanding Execution of a judgement the divers uses whereof see in the Table of the Register judicial verbo Executione facienda Executione facienda in Withernamium is a VVrit that lyeth for the taking of his cattel that formerly hath conveyed out of the County the cattel of another so that the Bailiff having authority from the Sheriff to Replevy the cattel so conveyed away could not execute his charge Reg. orig fol. 82. b. Execution executio in the Common Law signifieth the last performance of an Act as of a fine or of a judgement And the Execution of a fine is the obtaining of actual possession of the things contained in the same by vertue therof which is either by entry into the Lands or by VVrit whereof see West at large part 2. Symbol titulo Fines Sect. 136 137 138. Executing of Judgements and Statutes and such like see in Fitzh nat br in Indice 2 Verbo Execution S. Edw. Coke vol. 6 casu Blumfield fol. 87 a. maketh two sorts of Executions one final another with a Quousque tending to an end An Execution final is that which maketh money of the Defendants goods or extendeth his Lan is and delivereth them to the Plaintiff For this the party accepteth in satisfaction and this is the end of the sute and all that the Kings writ commandeth to be done The other sort with a Quousque is tending to an end and not final as in the case of capias ad satisfaciendum c. this is not final but the body of the party is to be taken to the intent and purpose to satisfie the Demandant and his imprisonment is not absolute but until the Defendant do satisfie Idem ibid. Executour executor is he that is appointed by any man in this last VVill and Testament to have the disposing of all his substance according to the conâ—ent of the said VVill. This Executor is either particular or universal Particular as if this or that thing onely be committed to his charge Universal if all And this is in the place of him whom the Civilians call Haeredem and the Law accounteth one person with the party whose Executor he is as having all advantage of action against all men that he had so likewise being subject to every mans Action as farre a himself was This Executor had his beginning in the Civil Law by the constitutions of the Emperours who first permitted those that thought good by their wills to bestow any thing upon good and godly uses to appoint whom they pleased to see the same performed and if they appoinâ—ed none then they ordained that the Bishop of the place should have authority of course to effect it lib. 28. c. de Episcopis Clericis And from this in mine opinion time and experience hath wrought out the use of these universal Executors as also brought the Administration of their goods that dye without Will unto the Bishop Exemplificatione is a Writ granted for the exemplification of an Original See the Register original fo 290. Ex gravi querela is a VVrit that lieth for him unto whom any Lands or Tenements in Fee within a City Town or Borough being devisable are devised by VVill and the Heir of the Devisour entreth into them and detaineth them from him Register original fol. 244. Old Natura brevium fol. 87. See Fitzherb nat br fol. 198 L. Exigendarie of the Common bank Exigendarius de banco communi is otherwise called Exigenter anno 10 Hen. 6. cap. 4. and is an officer belonging to that Court. For the which see Exigenter Exigent Exigenda is a VVrit that lieth where the Defendant in an Action personal cannot be found nor any thing within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call five County dayes one after an other charging him to appear under the pain of Outlawrie Terms of the Law This VVrit lieth also in an indictment of Felony where the party indicted cannot be found Smith de republ Angl. lib. 2. cap. 19. It seemeth to be called an Exigent because it exacteth the party that is requireth his appearance or forth-coming to answer the Law for if he come not at the last dayes proclamation he is said to be quinquies exactus and then is out-lawed Cromptons Jurisd fol. 188. And this M. Manwood also setteth down for the Law of the Forest part 1. of his Forest laws pag. 71. See the new book of Entries verbo Exigent Exigenter Exigendarius anno 18 Hen. 6. cap. 9 is an officer of the Court of Common plees of whom there be four in number They make all Exigents and proclamations in all Actions where Processe of outlawry doth lie and VVrits of Supersede â—s as well as the Pronotaries upon such Exigents as were made in their offices Ex mero motu are words formally used in any Charter of the Prince whereby he signifieth that he doth that which is contained in the Charter of his own will and motion without petition or suggestion made by any other And the effect of these words are to bar all exceptions that might be taken unto the instrument wherein they be contained by alleging that the Prince in passing that Charter was abused by any salse suggestion Kitchin fol. 152. Exoneratione sectae is a VVrit that lieth for the Kings VVard to be disburthened of all sute c. to the County Hundred Leet or Court Baron during the time of his wardship Fitz. nat br fol. 158. Ex parte latis is a VVrit that lyeth for a Bayliff or Receiver that having Auditots assigned to hear his account cannot obtain of them reasonable allowance but is cast into prison by them Regist fol. 137. Fitzh nat brev fol. 129. The manner in this case is to take this VVrit out of the Chancerie directed to the Sheriff to take four Mainpervours to bring his body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time New
his right hand upon a book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall owe my fealty to you for the Land that I hold of you at the Terms assigned So help me God and all his Saints When a Villain shall do fealty unto his Lord he shall hold his right hand over the book and shall say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall owe you fealty for the Land that I hold of you in Vilienage and shall be justified by you in body and goods So help me God and all his Saints See the Regist. orig fol. 302. a. Fee Feodum aliàs Feudum cometh of the French fief i. praedium beneficiarum vel res cliextelaris and is used in our Common law for all those lands which we hold by perpetual right as Hotoman well noteth verb. Feodum de verbis feudalibus Our ancient Lawyers either not observing whence the word grew or at least not sufficiently expressing their knowledge what it signified among them from whom they took it Feudum whence the word Fief or Fee cometh signifieth in the German language beneficium cujus nomine opera quaedam gratiae testificandae causa debentur Hot. disput cap. 1. And by this name go all Lands and Tenements that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject do divide all Lands and Tenements wherein a man hath a perpetual estate to him and his Heirs c. into Allodium Feudum Allodium is defined to be every mans own land c. which he possesseth meerly in his own right without acknowledgement of any service or payment of any rent unto any other and this is a property in the highest degree and of some it is called Allaudium ab à privativa particula laudum vel laudatio ut sit praedium cujus nullus author est nifi deus Est enim laudare vel Novio teste nominare Quod Budaeus docuit ad Modestinum 1. Herennius 63. π. de haere institut Prataeus verbo Allaudium Hotoman in verb. feud Feudum is that which we hold by the benefit of another and in the name whereof we owe service or pay rent or both to a superior Lord. And all our land here in England the Crown-land which is in the Kings own hands in the right of his Crown excepted is in the nature of Feudum or Fee for though many a man hath land by descent from the Ancestors and many another hath dearly bought land for his money yet is the land of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed from him So that if we will reckon with our Host as the proverb is there is no man here that hath directum dominium i. the very property or demain in any Land but the Prince in the right of his Crown Cambd. Britan. pag. 93. for though he that hath Fee hath jus perpetuum utile domixium yet he oweth a duty for it and therefore is it not simply his own Which thing I take those words that we use for the expressing of our deepest rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that land or tenement in my demain as of Fee Seisitus inde in dominico meo ut de feudo and that is as much as if he said it is my demain or proper land after a sort because it is to me and mine Heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the statut an 37 H. 8. c. 16. useth these words of lands invested in the Crown but it proceedeth from the ignorance of the nature of this word Fee for see cannot be without fealty sworn to a superiour as you may read partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman both in his Commentaries and Disputations And no man may grant that our King or Crown oweth fealty to any superior but God onely Yet it may be said that land c. with us is termed fee in two respects one as it belongeth to us and our Heirs for ever and so may the Crown-lands be called Fee the other as it holdeth of another which is and must be far from our Crown Britton c. 32. defineth fee to this effect Fee is a right consisting in the person of the true Heir or of some other that by just title hath purchased it Fletz saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis sive sit tenementum sive reditus qui non proveniunt ex camera alio modo dicitur feudum sicut ejus qui feoff at quod quis tenet ab alio sicut dicitur talis tenet de tali tot seuda per servitium militare lib. 5. cap. 5. § Feudum autem And all that write de feudis do hold that Feudataerius hath not an entire property in his fee Nay it is held by right learned men that these Fees were at the first invention or creation of them either all or some of them temporary and not perpetual and hereditary Jacobutius de Franchis in praeludio feud cap. 2. num 133. The divisions of fee in divers respects are many and those though little known to us in England yet better worthy to be known than we commonly think But for our present purpose it is sufficient to divide Fee into two sorts Fee-absolute otherwise called Fee-simple and Fee-conditional other-wise termed Fee-tail Fee simple Feudum simplex is that whereof we are seiled in these general words To us and our Heirs for ever Fee-tail Feudum taliatum is that whereof we are seised to us and our Heirs with limitation that is the Heirs of our body c. And Fee-tail is either general or special General is where land is given to a man and the Heirs of his body The reason whereof is given by Litleton cap. 2. lib. 1. because a man seised of land by such a gift if he marry one or more wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the land Fee-tail special is that where a man and his wife be seised of lands to them and the Heirs of their two bodies The reason is likewise given by Litleton in the same place because in this case the Wife dying without issue and he marrying another by whom he hath issue this issue cannot inherit the land being specially given to
quinquaginta hidis geldabat And these rates were taken out of Dooms-day in the Eschequer so that this seemed in old time to be a yearly tribute in certaintie whereas now though the rate be certain yet it is not levied but by Parliament See Task See Quinsieme Filazer filazarius cometh of the French Filace i. filum filacium It is an officer in the Common plees whereof there be fourteen in number They make oâ—t all original processe as well real as personal and mixt and in actions meerly personal where the Defendants be returned or summoned there goeth out the distresse infinite until appearance If he be returned Nihil then Processe of Capias infinite if the Plaintiff will or after the third Capias the Plaintiff may go to the Exigenter of the Shire where his Original is grounded and have an Exigent or proclamation made And also the Filazer maketh forth all Writs of view in causes where the view is prayed he is also allowed to enter the imparlance or the general issue in common actions where appearance is made with him and also judgement by confession in any of them before issue be joyned and to make out Writs of Execution thereupon But although they entred the issue yet the Protonotary must enter the judgment if it be after Verdict They also make Writs of Supersedeas in case where the Defendant appeareth in their offices after the Capias awarded Filctale see Sothale File Filacium is a thread or wyer whereon Writs or other Exhibits in Courts are fastned for the more fafe keeping of them Finders anno 18 Edw. 3. stat 1. cap. unico anno 14 Rich. 2. cap. 10. seem to be all one with those which in these dayes we call Searchers Fine finis cometh of the French fin i. finis and hath divers applications in our Common law sometimes being used for a formal or ceremonious conveyance of Lands or Tenements or as West saith titulo Fines sect 25. of any thing inheritable being in esse tempore finis to the end to cut off all controversies West parte 2. symbol sect 1. defineth a Fine in this signification covenants made before Justices and entred of Record And out of Glanvile thus lib. 8. cap. 1. Finis est amicabilis compositio finalis concordia ex consensu licemia Domini Regis vel ejus Justiciariorum And lib. 9. cap. 3. Talis concordia finalis dicitur eo quod finem imponit negetio adeo ut neutra pars litigantium ab eo de â—â—tero poterit recedere And out of Bracton lib. 5. tract 5. cap. 28. num 7. thus Finis ideo dicitur finalis concordia quia imponit finem litibus est exceptio per emptoria The Author of the new Terms of law defineth it to be a final agreement had between persons concerning any Land or rent or other thing whereof any sute or Writ is between them hanging in any Court. See the new Book of Entries verbo Fines This fine is of so high a nature that Bracton lib. 3. cap. 7. num 3. hath these words of it Item immediatè pertinet ad Regem querela finis factae in curia Domini Regis non observata Et est ratio quia nemo potest finem interpretari nisi ipse Rex in cujus curia fines fiunt See also anno 27 Ed. prim stat prim cap. 1. The Civilians would call this solemn contract transactionem judicialem de re immobili because it hath all the properties of a transaction if it be considered in his original use v. Wesemb parat titulo de transact For it appeareth by the Writers of the Common law above named that it is nothing but a composition or concord acknowledged recorded before a competent Judge touching some hereditament or thing immoveable that earst was in controversie between those that be parties to the same concord and that for the better credit of the transaction being by imputation made in the presence of the King because it is levied in his Court and therefore doth it bind Women covert being parties and others whom ordinarily the Law disableth to transact onely for this reason that all presumption of deceipt or evil meaning is excluded where the King is privy to the Act. But discourse of wit and reason hath in time wrought other uses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off Intails and with more certainty to passe the Interest or the Title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much that the passing of a Fine in most cases now is it but mera fictio juris alluding to the use for the which it was invented and supposing a doubt or controversie where in truth none is and so not onely to work a present prescription against the parties to the concord or fine and their Heirs but within five years against all others not ex-expresly excepted if it be levied upon good consideration and without covine as Women covert persons under 21 years or prisoners or such as be out of the Realm at the time when it was acknowledged Touching this matter see the statutes anno 1 Rich. 3. cap. 7. anno 4 H. 7. cap. 24. anno 32 H. 8. cap. 36. anno 31 Eliz. cap. 2. This fine hath in it five essential parts the original writ taken out against the Conizour the Kings License giving the parties liberty to accord for the which he hath a fine called the Kings Silver being accounted a part of the Crowns revenue Thirdly the concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this manner Sc. Inter R. querentem et S. et Euxorem ejus deforciantes c. Fiftly the foot of the fine which beginneth thus Haec est sinalis concordia facta in Curia domini Regis apud West à die Paschae in quindecim dies anno etc. So as the foot of the fine includeth all containing the day year and place and before what Justice the concord was made Coke vol. 6. casu Teye fol. 38 et 39. This fine is either simgle or double A single fine is that by which nothing is granted or rendred back again by the Cognizees to the Cognizours or any of them A double fine containeth a grant render back again either of some rent comon or other thing out of the land or of the land it self to all or some of the Cognizours for some estate limiting thereby many times Remainders to strangers which be not named in the Writ of covenant West ubi supra Sect. 21. Again a fine is of the effect divided into a fine executed and a fine executory A fine executed is such a fine as of his own force giveth a present possession at
Huckstow idem pag. 456. of Hay Manwood parte 1. pa. 144. of Cantsâ—lly eadem pag. of Ashdowne in the County of Sussex an 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the County of Northampton an 33. H. 8. cap. 38. Of Fronselwood in the County of Somerset Coke li. 2. Cromwels case fo 71. b. I hear also of the forest of Exmore in Devonshire There may be more which he that listeth may look for Forester forestarius is a sworn officer of the forest appointed by the Kings letters patents to walk the forest both early and late-watching both the vert and the venison attaching and presenting all trespassers against them within their own bayliwick or walk whose oath you may see in Crompton fo 201. And though these letters parents bee ordinatily granted but quam diu bene se gesserint yet some have this grant to them and their heirs and thereby are called Foresters or fosters in fee Idem fol. 157. 159. and Manwood parte 1. pag. 220. whom in Latine Crompton calleth Foresta rium feudi fo 175. Fore-judger forisjudicatio signifieth in the Common law a Judgement whereby a man is deprived or put by the thing in question It seemeth to be compounded of fo rs i. praeter and juger i. â—udicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So doth Kitchin use it fol. 29. and Old nat brev fol. 44 and 81. and the Stat. An. 5. E. 3. c. 9. an 21 R. 2. c. 12. Forjudicatus with Authors of other nations signifieth as much as Banished or as Deportatus in the antient Roman law as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis l. 3 feud Rub. 31. p. 625. Foregoers be Purveyors going before the King or Queen being in progresse to provide for them anno 36. Ed. 3. c. 5. Forfeiture forisfactura commeth of the French word Forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall Law than the transgression it self as forfeiture of Eschears anno 25 E. 3. ca. 2. statut de Proditionibus Goods confiscate and goods forfeited differ Staw pl. Co. f. 186. where those seem to be forfeited that have a known owner having committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendor as not his own nor claimed by any other I think rather that forfeitute is more general and confiscation particular to such as forfeit onely to the Princes Exchequer Read the whole chapter li. 3. ca 24. Full forfeiture plena forisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte 1. p. 341. The Canon Lawyers use also this word For forisfactura sunt pecuniariae pocnae delinquentium Glos in c. Presbyteri extrade poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who holding by Knights service and being under age and unmarried refuses her whom the Lord offereth him without his disparagement and marrieth another Fitz. nat br fo 141. H. I. K. L. Register original fol. 163. b. Forseng quietantiam prioris prisae designat in hoc enim delinquunt Furgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. ca. 47. Forgery see here next following Forger of false deeds Forger of false deeds cometh of the French Forger i. accudere fabricare conflare to beat on an anvile to fashion to bring into shape and signifieth in our Common law either him that frandulently maketh and publisheth false writings to the prejudice of any mans right or else the writ that lieth against him that committeth this offence Fitz. nat br fo 96. b c calleth it a writ of Deceit See Terms of Law verbo Forger and Wests Symb. parte 2. Indictments Sectio 66. See the new book of Entries verbo Forger de faits This is a branch of that which the Civilians call Cremen falsi Nam falsarius est qui decipiendi causa scâ—ipta publica falsificat Speculator de crimine falsi Falsicrimen propriè dicitur quod utilitatis privatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requir untur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est pu ibilis Hostiensis et Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any ands or tenements by vertue of any entail growing from the Statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is caled forma donations or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recovery of lands c. given to the one and the heirs of his body or to a man and his wife and the heirs of their two bodies or to a man and his wife being Cosin to the Donour in franck mariage and afterward alienated by the Donee For after his decease his heire shall have this writ against the renent or alienee Fitz. nat br fol. 211. He maketh three sorts or this formdon in the descender The first is in the manner now expressed The second is for the heir of a Coparcener that alienateth and dyeth fo 214. the third is called by him In simul tenuit fol. 216. which lieth for a Coparcener or heir in Gavelkind before partition against him to whom the other Goparcener or heir hath alienated and is dead Formdon in the Reverter lyeth for the Donour or his heirs where land entailed to certain and there issue with condition for want of such issue to revert to the Donour and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Fitz. nat br fol. 219. Formedon in the remainder lyeth where a man giveth lands in tail the remainder to another in tayl and afterward the former tenent in tail dyeth without issue of his body and a stranger abateth then he in the remainder shall have this writ Fitz. nat br f. 217. See the Register original fol. 238 242 243. Of this see the new book of Entries verb. Formdon Forsechoke seems to signifie originally as much as forsaken in our modern language or derelictum with the Romans It is especially used in one of our Statutes for land or tenements seised by the Lord for want of services due from the tenent and so quietly held and possessed beyond the year and day As if wee should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by law to recover them doth in due presumption of Law
may appoint one to order his moveables and chattels until the age of fourteen years at which time he may chuse his Gardian accordingly as by the Civil Law he may his Curator For we hold all one rule with the Civilians in this case and that is Invito curator non datur And for his Lands if he hold any by Copy or Court-rol commonly the Lord of the Fee appointeth him a Guardian until he come to the age of fourteen years and that is one next of kind to the Minor of that side that can hope for least profit by his death If he hold by charter in socage then the next of kind on that side by which the land cometh not is the Guardian and hereupon called guardian in socage And that which is said here of socage seemeth to be true likewise in petit sergeantie anno vicesimo octavo Ed. vardi primi statuto primo And the reason of this Fortescue giveth in his book intituled A commendation of the politique laws of England cap. 44. viz. because there might be suspition if the next kinsman on that side by which the land descendeth should have the custody and education of the Child that for desire of his land he might be entised to work him some mischief Lastly if a man die seised of lands holding by Knights service leaving his heir in minority that is under 21 years the Lord of the Fee hath by Law the custody both of the heir anâ— his land until he come to age See the statute anno 28 Ed. prim statut prim And the reason of this Fortescue likewise giveth for that he to whom by his Tenure he oweth Knights service when he can perform it is likeliest to train him up in martial and ingenious discipline until he be of ability But Polidore Virgil in his Chronicle lib. 16. saith that this was Novum vectigalis genus excogitatum to help Henry the third being oppressed much with poverty by reason he received the Kingdome much wasted by the Wars of his Ancestors and therefore needing extraordinary help to uphold his estate yet the 33 Chapter of the Grand Custumary maketh mention of this to have been used by the Normans and I think this the truer opinion Here it is to be observed whether land in Knights service hold in capite or of another Lord or some of the King and some of another If of the King whether of the King alone or not all is one For the King in this case is Guardian to the heirs both person and land by his prerogative Stawnford praerogat cap. 1. If he hold of a common Lord it is either of one alone or more if of one onely then is he Guardian of both person and Lands if of more then the Lord of whom he holdeth by the elder Tenure is Guardian of the person and every one of the rest hath the custody of the land holden of himself If the priority of the Tenure cannot be discerned then is he Guardian of the person that first happeth him Terms of the law Stawnf ubi supra whom you may read more at large which Author fol. 19. maketh mention of Gardeyn in feit and Gardeyn in droit that is in deed and in law I take the first to be him that hath purchased or otherwise obtained the ward of the Lord of whom the Land holdeth The second him that hath the right by his inheritance and seignorie Old nat br fol. 94. Then is there Gardeyn per cause de gard which is he that hath the wardship of a Minor because he is Guardian of his Lord being likewise in minority Stawnford ubi supra fol. 15. Of this you may read Skene de verb. signif verbo Varda by whom you may learn great affinity and yet some difference between the Law of Scotland and ours in this point Guardia is a word used among the Feudists for the Latine Custodia and Guardianus seu guardio dicitur ille cui custodia commissa est lib. Feudo 1. titulo 2. titulo 11. Gardeyn of the Spiritualities Custos spiritualium vel spiritualitatis is he to whom the spiritual jurisdiction of any Diocesse is committed during the vacancie of the See an 25 H. 8. c. 21. And I take that the Guardeyn of the Spiritualties may be either Guardein in law or Jure Magistratus as the Arch-bishop is of any Dioces within his Province or Guardian by delegation as he whom the Arch-bishop or Vicar general doth for the time depute Gardeyn of the peace Custos pacis See Conservatour of the peace Gardeyn of the Cinque ports Gardianus quinque portuum is a Magistrate that hath the jurisdiction of those Havens in the East part of England which are commonly called the Cinque ports that is the five Havens who there hath all that jurisdiction that the Admiral of England hath in places not exempt The reason why one Magistrate should be assigned to these few Havens seemeth to be because they in respect of their situation anciently required a more vigilant care than other Havens being in greater danger of invasion by our enemies by reason that the Sea is narrower there than in any other place M. Cambden in his Britannia pag. 238. saith That the Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East parts whom they rearmed Comitem littoris Saxonici per Britanniam having another that did bear the same title on the opposite part of the Sea whose office was to strengthen the Sea Coasts with Munition against the outrages and robberies of the Barbarians And farther signifieth his opinion that this Warden of the Cinque ports was first erected amongst us in imitation of that Roman policie See Cinque ports Gare anno 31 Ed. 3. cap. 8. is a coarse wool full of staring hairs as such as groweth about the pesil or shanks of the Sheep Garnishment cometh of the French Garnir i. instruere It signifieth in our Common law a warning given to one for his appearance and that for the better furnishing of the cause and Court. For example one is sued for the detinue of certain Evidences or Charters and saith that the Evidences were delivered unto him not onely by the Plaintiff but by another also and therefore prayeth that that other may be warned to plead with the Plaintiff whether the said conditions be performed yea or no. And in this petition he is said to pray Garnishment New book of Entries fol. 211. colum 3. Terms of the Law Cromptons Jurisd fol. 211. which may be interpreted either warning of that other or else furnishing of the Court with parties sufficient throughly to determine the cause because untill he appear and joyn the Defendant as Fitzherb saith is as it were out of the Court nat br fol. 106. G. and the Court is not provided of all parties to the action I am the bolder thus to interpret it because I find Britton in the same
Saxons pecunia vel tributum See Gyld Genets aliâs Jenets See Furre Gentleman generosus seemeth to be made of two words the one French gentil i. hònestus vel honesto loco natus the other Saxon Mon as if you would say a man well born The Italian followeth the very word calling those gentil homini whom we call Gentlemen The Spaniard keepeth the meaning calling him Hidalgo or Hijo d'algo that is the son of some man or of a man of reckoning The French men call him also gentil homme so that Gentlemen be those whom their blood and race doth make noble and known 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek in Latine Nobiles Smith de Repub. Anglor lib. 1. cap. 20. under this name are all comprised that are above Yeomen so that Noblemen be truly called Gentlemen But by the course and custome of England Nobility is either major or minor the greater contains all titles and degrees from Knights upward the lesser all from Barons downward Smith ubi supra cap. 21. The reason of the name as I take it groweth from this that they observe gentilitatem suam that is the race and propagation of their bloud by giving of arms which the common sort neither doth nor may do For by the Coat that a Gentleman giveth he is known to be or not to be descended from those of his name that lived many hundred years since Howbeit that this is neglected where substance faileth to maintain the countenance For many of great birth fall to poverty whose posterity living and labouring in want have small encouragement to look after the titles of their Ancestors and so in time slip into the number of the ignoble sort yet if they by their vertue or fortune can again advance themselves to sufficient ability the Herald out of his observations can restore them to the Coat of their Progenitors and now and then help them to one that their Ancestors never ware Gentiles homines see in Tiraquel de Nobilitate cap. 2. pag. 53. Tully in his Topickes thus saith of this matter Gentiles sunt qui inter se codem sunt nomine ab ingenuis oriundi quorum majorum nemo servitutem servivit qui capite non sunt diminuti And in the first book of his Tusc questions he calleth Tullum Hostilium one of the Kings of Rome gentilem suum General Issue vid. Issue Gestu fama is a Writ Lamb. Eirenarcha lib. 4. cap. 14. pag. 531. GI Gigge milles were for the fulling of Woollen Cloth and forbidden Anno 5 Edward 6. cap. 22. Gild alias Geld gildare cometh from the Saxon word Gildan i. solvere Lamb. in his explication of Saxon words saith verbo Contubernalis It is used as a verb and as a substantive also and as it is a substantive it is latined Gilda and signifieth a Tribute or sometime an amercement or thirdly a Fraternity or Company combined together with orders and laws made among themselves by the Princes license M. Camden citeth many antiquities by which it appeareth to signifie a tribute or tax as pag. 135. 139. 159. 168. 178. M. Crompton in his Jurisdictions fol. 191. sheweth it to be an amercement as foot geld and fol. 197. he interpreteth it to be a prestation within the Forest in these words To be quit of all manner of Gelds is to be discharged of all manner of prestations to be made for gathering of sheves of Corn of Lamb and of Wool to the use of Foresters Again M. Camden pag. 349. dividing Suffolk into three parts calleth the first Gildable because tribute is thence gathered the second libertatem S. Edmundi the third libertatem S. Etheldredae And the Statutes anno 27 Ed. 3. Stat. 2. cap. 13. anno 11 H. 7. cap. 9. use Gildable in the same sense and so doth the Statute anno 27 H. 8. cap. 26. From this M. Lamberd ubi supra is likewise perswaded that the common word Gild or Gildhall doth proceed being a Fraternity or Communalty of men gathered into one combination supporting their common charge by a mutual contribution And in the Register original fol. 219. b. I read Gildam mercatoriam that is the Gild Merchant which I have heard to be a certain liberty or privilege belonging to Merchants whereby they are enabled to hold certain plees of Land within their own Precincts This word Gildes or Guildes is so used anno 37 Ed. 3. cap. 51. anno 15 R. 2. cap. 5. And Gildbalda Teutonicorum is used for the fraternity of Easterling Merchants in London called the Stilyard anno 22 Hen. 8. cap. octavo Ginger Zinziber is a spice well known being the root of a plant that groweth in hot Countries as Spain Barbary c. The true form whereof you have expressed in Gerards Herbal lib. 1. cap. 38. This is a spice whose root is to be garbled anno 1 Jacob. cap. 19. Gynny peper piper de Ginnea is otherwise called Indian peper of the place whence it cometh The nature and farther description whereof you have in Gerards Herbal lib. 2. cap. 66. This you have mentioned among druggs and spices to be garbled in the Statute 1 Jacob. cap. 19. Gisarms anno 13 Ed. 1. stat 3. cap. 6. is a kind of weapon Fleta writeth it Sisarms lib. 1. cap. 24. § item quod quilibet GL Glawnce Ore Plowden casu Mines fol. 320. b. Glanvil was a learned Lawyer that was chief Justice in Henry the seconds dayes and writ a Book of the Common laws of England which is the ancientest of any extant touching that subject Stawnf praerog cap. prim fol. 5. He was then called in Latine Ranulphus de Glanvilla He dyed in Richard the first his dayes at the City of Acres in the Coast of Jury being with him in his voyage to the Holy Land Plowden casu Stowel folio 368. b. GO Go is used sometime in a special signification in our Common law as to go to God is to be dismissed the Court. Brook titulo Fayler de records num 1. Go forward seemeth also to be a sign given by a Judge to the Seargeant or Counsellor pleading the cause of his Clyent that his cause is not good For when he standeth upon a point of Law and heareth those words of the Judges mouth he taketh understanding that he loseth 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 behavior See Good abearing Good abearing Bonus gestus is by an especial signification an exact carriage or behaviour of a subject toward the King and his liege people whereunto men upon their evil 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 than to the peace because where the peace is not broken without an affray or batterie or such like this surety de bono gestu may be forefeited by the
Cassand de Consustud Burgund pag. 420 421. This word is used in the Statutes of our realm as the Kings liege people anno 14 Hen. 8. ca. 2. Of the oath of legeancy Jacobutius de Franchis in praeludio Feudorum ca. 2. num 138 hath these words Praestatur hoc ligeum homagium in manibus regis vel Imperatoris genibus flexis positis manibus junct is in manibus Domini dicendo Ego juro homagium tibi Domin ut ae modo sim homo ligeus vester contra omnem hominem qui potest vivere verba sunt pulchra Andr. de Isern in cap. 1. in verbo Omnem Colum. prima de novo forma fidelita hoc ligenm homagium videmus praestari domino Regi tantum quiacùm per id efficiatur homo solius illius cui juratur ut dixit Hostiensis in ca. ex diligenti de Symon alunon potest praestari i. quia illius solius esse similiter non potest non n. esse potest duorum in solidum l. si ut certo § si duobus vehiculum Ï€. commodati secundùm And. in dicto ca. 1. § omnem et Bald. hic in 7 divis Alvar. in 13. divisione Non ligeum verò dicitur quando quis jurat fidelitatom Domino excepta aliqua persona viz Domino superiori vel antiquiore Hactenus Jacobutius where you may read more touching this point As also in Hotomans Disputations De Feudis pag. 816 fol. 829. c. Ligeance Ligeantia see Liege It somtime signitieth the dominions or territoritie of the liege Lord as anno 25 Ed. 3. stat 2. Children born out of the liegeance of the King Lierwâ—test mulcta adulteriorum Fleta li. 1. ca. 47. It is used for a liberty whereby a Lord challengeth the penaltie of one that lieth unlawfully with his bondwoman see Lotherwit Limitation of assise limitatio assisae is a certain time set down by Statute wherein a man must allege himself or his auncestourto have been seised of lands sued for by a writ of Assise See the Statute of Merton cap. 8. an 20 Hen. 3. and Westm. 1. ca. 38. and anno 32. H. 8. ca. 2. an 1. M. 1. pag. ca. 5. See also Theloals Digest of writs li. 10. ca. 2. So it is used in Old Nat. Br. fol. 77. in these words The writ de consuetudinibus et servitiis lyeth where I or mine auncestours after the limication of Assise were not seised of the Customes c. But before the Limitation of Assise we were seised c. Lindwood was a Doctor of both Civil and Canon Laws and Dean of the Arches he was Embassadour for Henry the fifth into Portugal anno 1422. as appeareth by the preface to his Commentary upon the Provincials Litleton was a Lawyer of great account living in the dayes of King Edward the fourth as appeareth by Stawnf praerogat ca. 21. fo 72. He wrote a book of great account called Litletons Tenure which Hotoman in his Commentary de verbis Feudalibus verb. Foedum thus commmendeth Stephanus Pasquerius excellentivir ingenio inter Parisienses causidicos dicendi facultate praestans libellum mihi Anglicanum Litletonum dedit quo Feudorum Anglicorum jura exponuntur ita inconditè absurte et inconcinnè scriptum ut facilè appareat verum esse quod Polydor. Virgilius in Anglica Historia scribit stulsitiam in eo libro cum malisia et caluminiandi studio certare Literae ad faciendum attornatum pro secta facienda See in the Register original fol. 172. Literae de annua pensione eodem 266 307. Litera patens ad faciendum generalem atturnatum quia infirmus eodem fo 21. Litera per quam Dominus remittit curiam suam Regi cod fol. 4. Literae de requestu eodem fol. 129. Literaet Canonici ad exercendam jurisdictionem loco suo fo 305. Literae patentes ad conferendum Beneficia domino in remotis agente fol. 305. Literae adinnotescendum recuperationem Regis de ecclesia omnibus quorum interest fol. 305. Literae patentes Regis quod Abbas ad totam vitam suam possit facere Attornatos generales fol. 21. Literae procuratoriae fol. 205 306. Literae Regiae deprecatoriae pro annua pensione fol. 307. All these you may see in their places and understand the meaning of them as occasion shall require Livery Liberatur is drawn from the French livre i. insigne gestamen Centuriale discrimen nota Centurialis turmalis Or else from livrer id est tradere and accordingly hath three significations in one it is used for a suit of Cloath or other stuff that a Gentleman giveth in Coats Cloaks Hats or Gowns with Cognisance or without to his Servants or followers Anno 1 Rich. 2. cap. 7. et anno 20. ejusdem cap. 1 et 2. and anno 7 Hen. 4. cap. 14. and anno 8 Edw. 4. cap. 2. et anno 7 ejusdem cap. 14. and anno 13 ejusdem cap. 3. and anno 8 H. 6. ca. 4. and anno 8 Ed. 4. cap. 3. and anno 3 H. 7. cap. 1. 12. and anno 11 e usdena cap. 3. and anno 19 ejusdem cap. 14. In the other signification it betokeneth a delivery of possession unto those Tenents which hold of the King in Capite or in Knights service for the King by his prerogative hath primier seysini or the first possession of all lands and tenements so holden of him anno 52 Henry 3. cap. 16. and an 17 Ed. 2. cap. 3. that is when any such Tenant dyeth the King forthwith entreth and holdeth it untill the Heir do his homage and so pray this land to be delivered unto him Which act in the King is called Livery and Livery in this signification is either general or special Stawnf praerogat fol. 12. et cap. 3. Livery general seemeth to be that which is made in general words and therefore may easily be missued Livery special is that which containeth in it a pardon of oversights committed by the Tenent in suing out his Livery by which pardon the missuing is dispenced with Stawnf pag. 67. ca. Travers 20. See the Institutes and grounds of the Common law Chapter the thirtieth of general and special Liveries Liverie in the third signification is the writ which lyeth for the Heir to obtain the possession or seisin of his Land at the Kings hands Which see in Fitz. nat brev fol. 155. Livery of seisin deliberatio seisinae is a delivery of possession of Land or Tenement or other things corporeal for of things incorporeal no Livery of seisin may be unto one that hath right or a probality of right unto them For as Bracton saith Traditio debet esse vestita et non nuda sc quod traditione praeced at vera causae vel idputativa qua transeat Dominicum Lib. 2. cap. 18. nu 3. West parte 1. symbol li. 2. sect 169. calleth this a Ceremouy in the Common law used in the Conveyance of Lands or Tenements c. where you may
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve to whom it is directed to make a record of the proceedings by himself and others and then to send up the cause See the Register verbo Recordare in the table of the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is because it is a beaten and common path to that end for which it is ordained viz. to cut off the estates above specified See the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
distinction groweth from an event after the death of him that covenanteth to warrant But to make this plain I find warranty to be used equivocally signifying one sort the contract or covenant of warranty first made as appeareth by Bracton in the place formerly noted and in another sort the very effect and performance of this contract either by the Warrenter or his heirs when he or they be by the tenent thereunto vouched or called As also I shew out of Bracton lib. 5. tract 4. cap. pri nu 2. in these words Inprimis videndum est quid sit warrantizatio Et sciendum quòd warrantizare nihil aliud est quà m defendere acquietare tenentem qui warrantum vocabit in seisina sua c. VVith whom agreeth Fleta saying that Warrantizare nihil aliud est quam possidentem defendere lib. 5. ca. 15. § 1. lib. 6. cap. 23. quod lege per totum And the former division of lineal and collateral warranty rather belonging to warranty in the second signification than the former And that this way it is imperfect or at the least obscure I think it not hard to declare First to shew this I note out of Bracton who may be called to warranty And he lib. 5 tract 4. cap. pri num 5. saith thus Videndum est quis vocari possit ad warrantum sciendum quod tam maseulus quam foemina tam minor quà m major dism tamen si minor vocetur remane at platitum de warrantia in suspenso usque ad aetutem uisicausa fuerit ita favorabilis quòd aetas expectari non debeat sicut ex causa Dotis Item non solum vocandus est ad warrantum ille qui dedit vel vendidit verum etiam vocandi sunt eorum haeredes-descendentes in infinitum propter verba in Chartis contenta Ego haeredes mei warrantizabimus tali haeredibus suis c. Et in quo casu tenentur haeredes warrantizare sive sini propinqui sive remoti remotiores vel remotissimi Et quod de haeredibus dititur idem dici poterit de assignatis et de illis qui sunt locoallorum haeredum sicut sunt capitales Domini qui tenentibus suis quasi succedunt vel propter aliquem defectum vel propter aliqund delictum sicut de eschaetis Dominorum By which words we perceive that the burthen of this warranty is not tyed to heirs only be they in the descending or collateral line but that under this word Haeredes are comprised all such as the first warranters Lands afterwards come unto either by descent or otherwise ex causa lueraâ—iva So that if a man have twenty children yet if he will and may give his land to a Stranger leaving his children no land that Stranger in this case is his assign and is contained under this word Heir So if he commit felony after such warranty covenanted and forfeited his lands to his Lord by escheat the Lord is quesihares in this case and lyable to the warranty sormerly passed And in these two later cases warranty in the second signification seemeth to be neither lineal nor collateral and at the least as Littleton and the other Author have defined or by example expressed them But let us define these two species as they be wherefore lineal warranty is that which he is called unto by the Tenent upon whom the land warranted had descended if the warrantee had not been covenanted For example A. selleth to B. twenty acres land with clause of warranty and afterward dyeth leaving issue C. soon after B. is impleaded for this Land by D. and voucheth C. This is called a lineal warranty because but for it the land had descended from A. to C. Warranty collateral is that whereunto he is called by the Tenent upon the covenant of him from whom the Land could not descend to the party called For example B. the Son purchaseth Tenements in fee whereof A. his Father disseiseth him and selleth them to C. with a clause of warranty A. being dead C. is impleaded for the Tenements and calleth B. to warranty This warranty whereunto B. is called ia collateral because the Tenements if the warranty had not been covenanted by A. could not have descended from him to his Father A. for they were his own by purchase Many other examples there be of this in Littleton And this very case he maketh his example of warranty by disseisin as also of warranty collateral which plainly argueth that warranty by disseisin and warranty collateral are not distinct members of warrantee but may be confounded though one warranty may carry both names in divers respects For there is some warranty collateral that beginneth not by disseisin For example A. Tenent in tayl alienated to B. in fee and dyeth leaving issue C. afterward D. Brother to A. and Uncle to C. releaseth to B. with warranty and dying leaveth B. his heir being next of blood unto him This warraaty is collateral because it descendeth upon C. from his Vncle D. and yet it beginneth not by disseisin of his said Uncle Warranty hath a double effect one to debar him upon whom it descendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the Tenent if by him he be vouched thereunto or else to give him as much other land by exchange But as the former of these effects taketh place with all heirs except those to whom the Land warranted was entailed and that reap no equivalent benefit by the first warranter anno 6 Ed. prim cap. 3. so the later prejudiceth none that receiveth not sufficient Land from the first warranter to make it good Bracton lib. 5. tractat 4. cap. 8. num prim cap. 13. num 2. In the Customary of Normandy cap. 5. you have vouchment de garant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the warranter into the Court to make good his sale or gift Warrantia diei is a writ lying in case where a man having a day assigned personally to appear in Court to any action wherin he is sued is in the mean time by commandment imployed in the Kings service so that he cannot come at the day assigned This writ is directed to the Justices to this end that they neither take nor record him in default for that day Register original fol. 18. Of this you may read more in Fitzherb nat brev fol. 17. and fee Glanvile lib. prius cap. 8. Warrantia chartae is a writ that lyeth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to warranty for in this case his remedy is to take out this writ against the seoffor of his heir Regist. origin fol. 157. Fitzh nat brev fol. 134. Of this yon may likewise read Fleta lib. 6. cap. 35. and West parte 2. symb
do it And therefore whereas the Rhetoricians comprise all the substance of their discourses under three Questions An sit quid sit quale sit this Answer falleth under the first of the three all other Answers are under one of the other two And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the sute of the King or other wherein the Defendant denyeth the crime objected unto him See the New Book of Entries titulo Non culpabilis and Stawnf pl. cor lib. 2. cap. 62. Non est factum is an Answer to a Declaration wherby a man denyeth that to be his Deed whereupon he is impleaded Broke hoc titulo Non implacitando aliquem de libero tenemento sine brevi is a Writ to inhibit Bailiffs c. from distreining any man without the Kings Writ touching his Freehold Register fol. 171. b. Non intromittendo quando breve praecipe in capite subdolè impetratur is a Writ directed to Iustices of the Bench or in Eyr willing them not to give one hearing that hath under the colour of intitling the King to Land c. as holding of him in Capite deceitfully obtained the Writ called Praecipe in capite but to put him to this Writ of Right if he think good to use it Register original fol. 4. b. Non Mercandizando victualia in a Writ directed to the Justices of Assise commanding them to inquire whether the Officers of such a Town do sell Victuals in gross or by retayl during their Office contrary to the Statute and to punish them if they find it true Regist fol. 184. Non molestando is a Writ that lyeth for him which is molested contrary to the Kings Protection granted him Register fol. 24. Non omittas is a Writ lying where the Sheriff delivereth a former Writ to a Bayliff of a Franchise within the which the party on whom it is to be served dwelleth and the Bayliff neglecteth to serve it for in this Case the Sheriff returning that he delivered it to the Bayliff this shall be directed to the Sheriff charging him himself to execute the Kings commandement Old nat brev fol. 44. of this the Regist. orig hath three sorts fol. 82. b. 151. and the Register judic one folio 5 56. Non penendo in Assisis Juratis is a Writ founded upon the Stat. Westm 2. ca. 38. and the stat Articuli super Chartas cap. 9. which is granted upon divers causes to men for the freeing them from Assises and Juries See Fitz. nat brev fol. 165. See the Regist fol. 179 100 181 183. Non precedendo ad Assisam Rege inconsulto is a writ to stop the Tryal of a Cause appertaining unto one that is in the Kings service â— c. untill the Kings pleasure be farther known Register fol. 220. a. Non residentia pro clericis regis is a Writ directed to the Ordinary sharging him not to molest a Clerk imployed in the Kings service by reason of his non residence Regist orig folio 58. b. Non sute is a renunciation of the sute by the Plaintiff or demandant when the matter is so far proceeded in as the Jury is ready at the Bar to deliver their verdict anno 2 H. 4. cap. 7. See the New Book of Entries verbo Non-sute The Civilians term it Litis renunciationein Non solvendo pecuniam ad quam Clericus muâ—ctatur pro non residentia is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the King for Non-residence Reg. orig fol. 59. Non-tenure is an exception to a count by saying that he holdeth not the Land specified in the count or at the least some part of it anno 25 Edw. 3. statut 4. cap. 16 West parte 2. Symbol titulo Fines Sect. 138. maketh mention of Non tenure general and Non tenure special See the New Book of Entries Verbo Non tenure where it is said that especial Non tenure is an exception alleging that he was not Tenent the day whereon the writ was purchased Non tenure general is then by Likelyhood where one denyeth himself ever to have been Tenent to the Land in question Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae is on exception taken to any Act declared by the Plaintiff or Demandant to be done by another whereupon he groundeth his Plaint or Demand And the Contents of this Exception be that the party that did that Act being himself or any other was not well in his wits or mad when he did it See the New Book of Entries titulo nonsane memorie and Dum non fuit compos mentis See also supra Non compos mentis Non term non terminus is the time of Vacation between Term and Term. It was wont to be called the times or days 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 Justicium or Feriae among the Romans or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotiis jure dicendo vacabat Earum autem aliae solennes erant alia repentinae Brisson de verb. signif lib. 6. vide Wesenbec paratit De Feriis num 6. Note of â— Fine nota finis is a brief of a fine made by the Chirographer before it be ingrossed The form whereof see in West parte 2. Symbol titulo Fines Section 117. Novel assignment nova assignatio is an assignment of time or place or such like otherwise than as it was before assigned In Brook you may find these words in effect titulo Deputy num 12. See novel assignment of Trespass in a new place after Bar pleaded Brock tit Trespass 122. and novel assignment in a Writ de ejectione custodiae titulo Ejectione custodiae num 7. See Assignment NU Nuae mater See Mater Nunne Nonna is the French word nonnain or nonne something altered which signifieth a holy or confecrated Virgin or a woman that hath by vow bound her self to a single and chaste life in some place and Company of other women seperated from the world and addicted to an especial service of God by Prayer Fasting and such like holy exercises If we would know whence this word came into France Saint Hierome maketh it an Aegyptian word as Hospinian recordeth of him in this Book De origine progressu monachatus fol. 2. Nuper obiit is a Writ that lyeth for a Co-heir being deforced by her Co-heir of Lands or Tenements whereof the Grandfather Father Uncle or Brother to them both or any other their Common Ancesters died seised of an Estate in Fee-simple See the form of the Writ Origin Regist fol. 226 c. Fitzh nat brev fol. 197. If the Ancestor died sessed in Fee tail then the Co-heir deforced shall have a Formedon Idem
ibid. Nusance nocumentum commeth of the French nuire i. nocere It signifieth in our Common law not only a thing done whereby another man is annoyed in his free Lands or Tenements but especially the Assise or Writ lying for the same Fitzh nat brev fol. 183. And this Writ de Nocumento or of Nusance is either simply De nocumento or de parvo nocumento and then it is Vicountiel Old nat brev fol. 108 109. Fitz. natur brev ubi supra fol. 184. Britton calleth it Nosance whom also read cap. 61 62. M. Manwood parte 2. of his Forest laws cap. 17. maketh three sorts of Nusance in the Forest The first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale which read with the rest of that whole Chapter See the Register orig fol. 197 199. Nutmegs nux myristica vel nux muscata is a spice well known to all It groweth of a Tree like a Peach-tree and is inclosed in two Husks whereof the inner Husk is that spice which we call Mace Of this who will may read more in Gerards Herbal lib. 3. cap. 145. It is mentioned among spices that are to be garbled anno 1 Jacob. cap. 19. O OB OBedientiae was a Rent as appeareth by Roger Hoveden parte poster suorum annalium fol. 430. in these words Ut ergo eis sc regularibus adimatur opportunitas evagandi prohibemus ne reditus quos obedientias vocant ad firmam teneant c. Obedidientia in the Common law is used for an Office or the administration of an Office ca. cùm admonasterium 6. extra de statu monacho cano regula And thereupon the word obedientiales is used in the provincial constitutions for those which have the execution of any Office under their Superiors cap. prim de statu regula For thus saith Lyndwood in his gloss upon that word Hâ—i sunt qui sub obedientia suorum Praelatorum sunt habent certa officia administranda inte riùs vel exteriùs It may be that some of these Offices called obedientiae consisted in the collection of rents or pensions and that therefore those Rents were by a Metonymie called obedientia quia colligebantur ab obedientialibus Oblitions oblationes are thus defined in the Canon law Oblationes dicuntur quaecunque à piis fidelibúsque Christianis offeruntur Deo Ecclesiae sive res soli sive mobiles sint Nec refert an legentur testamento an aliter donentur cap. clerici 13. quaest 2. Read more of these in Duarenus de sacr eccl minister ac benefi cap. tertio Oblagation obligatio and Bill be all one saving 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 obligatory but we commonly call that an Obligation which hath a Condition annexed The former Author in the same place saith thus farther An Obligation is a Deed whereby the Obligor doth acknowledge himself to owe unto the Obligee a certain sum of money or other thing In which besides the parties names are to be considered the thing due and the time place and manner of payment or delivery Obligations be either by matter in Deed or of Record An Obligation by matter in Deed is every Obligation not acknowledged and made in some Court of Record Hithetto Master West OC Occupavit is a Writ that lyeth for him which is ejected out of his Land or Tenement in time of war as a Writ of Novel disseisin lieth for one ejected in time of peace Ingham § Brief de novel disseisin Octo tales See Tales See Brook tit Octo tales OD Odio atia anno 3 Ed. 1. cap. 11. is a Writ sent to the Under-Sheriff to inquire whether a man being committed to Prison upon suspition of murther be committed upon malice or evill will or upon just suspition Register orig fol. 133. b. See Bracton lib. 3. parte 2. cap. 20. OF Office Officinm doth signifie not only that function by vertu whereof a man hath some imployment in the affairs of another as of the King or other Common person but also an Inquisition made to the Kings use of any thing by vertue of his Office who inquireth And therefore we oftentimes read of an Office found which is nothing but such a thing found by Inquisition made ex officio In this signification it is used anno 33 H. 8. cap. 20. and in Stawnfords praerog fol. 60 61. where to traverse an Office is to traverse the Inquisition taken of Office And in Kitchin fol. 177. to return an Office is to return that which is found by vertue of the office See also the new Book of Entries verbo office pur le Roy. And this is by a Metonymy of the effect And there be two sorts of Offices in this signification issuing out of the Exchequer by Commission viz. an Office to intitle the King in the thing inquired of and an Office of instruction which read in Sir Edward Cokes Reports vol. 6. Pages Case fol. 52. a b. Office in fee is that which a man hath to himself and his heirs anno 13 Edward 1. cap. 25. Kitchin folio 152. See Clerk Official Officialis is a word very diversly used For by sundry Civilians of other Countries that write in these daies it appeareth to be applyed in many places to such as have the sway of temporall Justice Aegidius Bossius in pract crim tit De officialibus corruptis c. But by the ancienter Civil law it signifieth him that is the Minister or Apparit or of a Magistrate or Judge lib. 1. § si quis ultro Ï€. de quaestio Co. de filiis officialium c. lib. 12. In the Canon law it is especially taken for him to whom any Bishop doth generally commit the charge of his spiritual Jurisdiction And in this sunse one in every Dioces is officialis principalis whom the Statutes and Laws of this Kingdom call Chanceller anno 32 H. 8. cap. 15. The rest if there be more are by the Canon law called officiales foranei glos in Clem. 2. de Rescriptis but with us termed Commissaries Commissarii as in the Statute of H. 8. or sometimes Commissiarii foranei The difference of these two powers you may read in Lyndwood titulo de sequestra posses ca. 1. verbo Officialis But this word official in our Statutes and Common law signifieth him whom the Archdeacon substituteth in the executing of his Jurisdiction as appear eth by the Statute above mentioned and many other places Officiariis non faciendis vel amovendis is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath untill enquiry be made of his manners according to an Inquisition formerly ordained Register original fol. 126. b. ON Oner ando pro rata