Portion See Gerard du Heylan Spel. Glossar in voce Appennagium Appertinances pertinentia Are things both Corporal belonging to another thing as to the more principal as Hamlets to a cheif Mannor Common of Pasture Turbary Piscary and such like and Incorporeal as Liberties and Services of Tenants Brit. cap. 39. Where it may be observed That he accounts Common of Pasture Turbary and Piscary to be things Corporal See Common Apportionment apportionamentum Is a dividing of a Rent into parts according as the Land whence the whole Rent issues is divided among two or more As if a Man have a Rent-service issuing out of Land and he purchaseth part of the Land the Rent shall be apportioned according to the value of the Land So if a Man let Lands for years reserving Rent and after a stranger recovers part of the Land the Rent shall be apportioned But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land by service to pay to his Lord yearly at such a Feast a Horse or Rose there if the Lord purchase part of the Land this service is totally extinct because such things cannot be divided without hurt to the whole Yet in some Cases a Rent-charge shall be apportioned as if a Man hath a Rent-charge issuing out of Land and his Father purchaseth part of the Land charged in Fee and dies and this parcel descends to his Son who hath the Rent-charge there this Charge shall be apportioned according to the value of the Land because such portion of the Land purchased by the Father comes not to the Son by his own Act but by descent and course of Law Common Appendant is of common right and severable and though the Commoner in such case purchase parcel of the Land wherein the Common is Appendant yet the Common shall be apportioned But in this case Common Appurtenant and not Appendant by such Purchase is extinct Coke lib. 8. fol. 79. Apposer See Forein Apposer Apprendre Fr. As Fee or Profit Apprendre Anno 2 3 Edw. 6. cap. 8. Fee or Profit to be taken or received Apprentice Fr. apprenti and that from apprendre to learn whence their apprentisage and our apprentiship Is one that is bound by Covenant to serve a Tradesman or Artificer a certain time for the most part seven years upon condition That the Master shall during that time instruct him in his Art or Mystery Sir Tho. Smith in his Rep. Angl. lib. 3. cap. 8. says They are a kinde of Bondmen differing onely in that they are servants by Covenant and for a time Anciently Barrasters were called Apprentices of the Law As appears by Mr. Seldens Notes upon Fortescu p. 3. So the Learned Plowden stiled himself Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley and Sir Edward Coke in his 2 Part. Instit fol. 564. says Apprenticii Legis in pleading are called Homines consiliarii in Lege periti And in another place Apprentices and other Counsellors of Law Appropriation appropriatio from the Fr. approprier i. aptare accomodare Signifies the severing of a Benefice Ecclesiastical which originally and in nature is Juris Divini in Patrimonio nullius to the proper and perpetual use of some Religious House Bishoprick College c. So called because Parsons not being ordinarily accounted Domini but usufructarii having no right of Fee-simple are by reason of their perpetuity accounted owners of the Fee-simple and therefore called Proprietarii Before the time of Richard the Second it was lawful as it seems to appropriate the whole Fruits of a Benefice to an Abbey or Priory they finding one to serve the Cure But that King ordained That in every Licence of Appropriation made in Chancery it should expresly be contained That the Diocesan of the place should provide a convenient sum of money to be yearly paid out of the Fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed Anno 15 Rich. 2. cap. 6. To make an Appropriation after Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full if it be void the Diocesan and the Patron upon the Kings Licence may conclude it Plowden in Grendons Case fol. 496. To dissolve an Appropriation it is enough to present a Clerk to the Bishop and he to institute and induct him For that once done the Benefice returns to the former nature Fitz. Nat. Br. 35. and Coke lib. 7. fol. 13. Approvement Anno 43 Eliz. cap. 11. Is the same with improvement but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor leaving sufficient nevertheless for the Commoners Approver approbator Is one that confessing Felony committed by himself appeals or accuses others to be guilty of the same and is so called because he must prove that which he hath alleaged in his Appeal This Proof is by Battle or by the Countrey at his election that appealed The Form of this Accusation you may in part gather by Cromptons Justice of Peace fol. 250. 251. That it is done before the Coroner either assigned to the Felon by the Court to take and record what he saith or else calâ—ed by the Felon himself and required for the good of the Commonwealth to do so The Approvers Oath when he begins the Combat you may see in the last Page of Crompton as also the Proclamation by the Herauld Of the Antiquity of this Law read at large Bracton lib. 3. Tract 2. cap. 21. 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq And 3 Part. Instit fol. 129. See Prover Approvers of the King Approbatores Regis Are those that have the letting of the Kings Demeans in small Mannors to his best advantage Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers Approve approhare To augment or as it were to examine to the utmost For example To approve Land is to make the best benefit of it by increasing the Rent c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises are called their Approvers and by what follows you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales authorized by the Prince thereof Richard de Lyngein Emprover desuth Commission nostre tre dout Seigneur le Prince deins le Counte de Hereford le Marches adjoygnant a toutz y ceux qui cests Letters verront ou orront salutz Sachez moy aver grant a une Janin de Brompton loyal leige home nostre Seigneur le Roy a ses servants de vendre acheter bests berbez deins le Counte de Hereford le Marche adjoygnant sans empechement ou arrest de nulluy come loyal leige hommes a son propre use encrese sans refreshmente des Rebels de Gales
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple fee-Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd 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 springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process 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 to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict 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 Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
or put by the thing in question Bracton lib. 4. Tract 3. ca. 5. has these words Et non permittas quod A capitalis Dominus Feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So does Kitchin use it fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat. 5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudicatus with Authors of other Nations signifies as much as banished or as Deportatus in the ancient Roman-Law as appears by Vincentius de franchis Descis 102. Forjudged the Court Is when an Officer of any Court is banished or expeld the same for some offence or for not appearing to an Action by Bill filed against him and in the later he is not to be admitted to Officiate till he shall appear to the Bill Anno 2 Hen. 4. ca. 8. He shall lose his Office and be forjudged the Court c. Forjudicare interdum est male judicare Spel. Forfang Forefeng A Sax. fore ante fangen prendere est captio obsoniorum quae in foris aut nundinis ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria Antecaptio Et sint quieti de Wardwite de utlewe Forvenge Withfange c. Carta Hen. 1. Hosp Sancti Barth Lond. An. 1133. Forfeiture Forisfactura comes of the French Forfact i. Scelus but signifies with us rather the effect of transgressing a Penal Law then the transgression it self as forfeiture of Escheats Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus Goods confiscated and goods forfcited differ Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner who has committed some offence whereby he loseth his Goods Confiscate are those that are disavowed by an Offender as not his own nor claimed by any other But Forfeiture is rather more general and Confiscation particular to such as forfeit onely to the Princes Exchequer Full forfeiture plena forisfactura otherwise called plenawita Is a forfeiture of life and member and all else that a man hath Manwood Part. 1. pa. 341. Forfeiture of Marriage Foris factura Maritagii Is a Writ which lay against him who holding by Knights-service and being under age and unmarried refused her whom the Lord offer'd him without his disparagement and married another Fitz. Nat. Br. fol. 141. Reg. of Writs fol. 163. b. Forfeng forefeng Forbenge Quietantiam prioris prisae designat In hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt Fleta lib. 1. ca. 47. See Forfang Forger of false Deeds from the French Forger i. To beat on an Anvil or bring into shape Signifies either him that fraudulently makes and publishes false Writings to the prejudice of any mans right or else the Writ that lies against him who commits this offence Fitz. Nat. Br. fol. 96. b. sayes That a Writ of Deceit lies against him who commits this offence and the penalty of it is declared in the Stat. 5 Eliz. ca. 14. Forlandum Et de duobus Forlandis xvi denarios sc de Forlando Johannis Wauker quod jacet ante terram Ecclesiae viii denarios Mon. Angl. 2 Part. fo 332. Formdon Breve de forma donationis Is a Writ that lies for him who has right to any Lands or Tenements by vertue of any Intail growing from the Stat. of Westm 2. ca. 1. There are three kinds of it viz. Forma Donationis or Formdon in the Descender Formdon in the Reverter and Formdon in the Remainder Formdon in the Descender lies for the recovery of Lands c. given to one and the heirs of his body or to a Man and his Wife and the heirs of their two bodies or to a Man and his Wife being Cosin to the Donor in Frank-Marriage and afterwards alienated by the Donee For after his decease his heir shall have this Writ against the Tenant or Alienee Fitz. Nat. Br. fo 211 217. and 214. makes three sorts of this Formdon in the Descender The first is in the manner now express'd The second for the heir of a Co-parcener that aliens and dies The third he calls Insimul tenuit which lies for a Co-parcner or heir in Gavelkind before partition against him to whom the other Co-parcner or heir has alienated and is dead Formdon in the Reverter lies for the Donor or his heirs where Land is entailed to certain persons and their Issue with condition for want of such issue to revert to the Donor and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Formdon in the Remainder lies where a Man gives Lands in Tayle the Remainder to another in Tayle and afterwards the former Tenant in Tayl dies without issue of his body and a stranger abates then he in Remainder shall have this Writ Reg. of Writs fol. 238. 242. Of this see also the New Book of Entries verbo Formdon and Coke on Litt. fol. 326. b. Fornagium Fr. Fournage Et Dominus Rex proinde amittit per an de exitibus Fornagii sui x. libras Pl. coram Rege ejus Concil in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Tenants bound to Bake in his common Oven as is usual in the North of England or for a permission to use their own also Chimney-Money or Harth-silver See Furnage Fornication Fornicatio Anno 1 Hen. 7. ca. 4. Whoredom the Act of Incontinency in single persons for if either party be Married it is Adultery The first offence herein was punish'd with three Moneths Imprisonment the second was made Felony by a Rump-Act Scobels Collection Anno 1650 ca. 10. SUffex Praeceptum est Vic. quod venire faciat Juratores qui in Assisa Nov. Disseisinae dubium fecerunt Sacramentum tangen quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae non dixerint esse haeredem Et in eo quod dixerint quod Matilda quae fuit mater Agnetae fuit uxor dicti Simonis non dixerunt utrum Patria habebat eam ut uxorem ejus Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Matildam ut uxorem suam dicunt quod nunquam dictam Matildam matrem dictae Agnetae desponsavit Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda per quod compellebatur unum de tribus facere uxorem vel ipsam affidare vel vitam suam amittere vel ipsam Matildam retro osculare ita quod ipse Simon ibidem dedit fidem suam praedictae Matildae matri praedictae Agnetae quod ipsam desponsare debuit sed ipsam nunquam alio modo desponsavit c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit seisin de 1 Messuag c. in
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee fee-Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
Conventus Nullum Swainmotum de caetero teneatur in Regno nostro nisi ter in Anno viz. In Principio quindecim dierum ante Festum Sancti Michael c. Circa Festum S. Martini initio quindecim dierum ante Festum Sancti Johannis Baptistae c. Charta de Foresta tam Regis Johan quam Hen. 3. cap. 9. See 4 Inst fol. 289. Swarff-money The Swarff-money is one penny half-penny it must be paid before the rising of the Sun the party must go thrice about the Cross and say the Swarff-money and then take witness and lay it in the hole and when ye have so done look well that your witness do not deceive you for if it be not paid ye give a great forfeiture xxx s. and a White Bull. This Exposition was found in an old MS. containing the Rents due to the Catesbies in Lodbroke and other places in Warwickshire But conceived to be mistaken for or to signifie the same with Warth-money See Ward-penny Swepage Coke on Littl. fol. 4. b. Is the crop of Hay got in a Meadow called also the Swepe in some parts of England Swoling or Suling of Land Sulinga Solinga vel Swolinga terrae Sax. Sulung from sul vel sulh i. Aratrum as to this day in our Western Parts a Plough is called a Sul and a Plough-staff a Sul-paddle Is the same with Carucata terrae that is as much as one Plough can Till in a year a Hide of Land others say it is Quantitas incerta Dedit ctiam idem inclitus Rex Willielmus Conquestor cidem Ecclesiae de Bello in Cantia Regale Manerium quod vocatur Wy cum omnibus appendiciis suis septem Swolingarum id est Hidarum ex sua Dominica Corona cum omnibus libertatibus regalibus consuetudinibus c. Rentale MS. de Wy tempore Ven. Patr. Tho. Ludlowe Abbatis fol. 1. Terram trium aratrorum quam Cantiani Anglice dicunt Thrée Swolings Carta pervetusta Eccles Cantuar. de qua vide Somneâ—rum in Antiquitat loci pag. 211. Syb and Som Sax. Pax securitas Eallum Cristenum Mannum syb som gemene id est Omnibus Christianis Pax securitas communis esto LL. Eccles Canuti Regis cap. 17. Sylva Caedua Lat. Wood under Twenty years growth Coppice-wood See the Stat. 45 Edw. 3. cap. 3. It is otherwise called Subbois 2 Inst fol. 642. Synod Synodus A Meeting or Assembly of Ecclesiastical Persons for the Cause of Religion of which there are four kindes 1. A General Occumenical or Universal Synod or Council where Bishops c. of all Nations meet 2. National Synod where those of one onely Nation meet 3. A Provincial Synod where Ecclesiastical Persons of one onely Province meet 4. Diocesan Synod where those of but one Diocess meet See Convocation Which is the same thing with a Synod this being a Greek that a Latin word Synodal Synodale Is a Cense or Tribute in Money paid to the Bishop or Arch-deacon by the Inferior Clergy at Easter Visitation and it is called Synodale or Synodaticum Quia in Synodo frequentius dabatur The Impropriation of Derehurt in Com. Gloc. pays yearly vii s. ix d. Pro Synodalibus Procurationibus Pat. 20 July 34 Hen. 8. Et quod sint quieti a Synodalibus ab omni Episcopali consuetudine excepto denario Beati Petri. Mon. Angl. 2 Par. fol. 276. b. See Historical Discourse of Procurations and Synodals pag. 66. 98. These are called otherwise Synodies in the Statute of 34 Hen. 8. cap. 16. Yet in the Statute of 25 Hen. 8. cap. 19. Synodals Provincial seem to signifie the Canons or Constitutions of a Provincial Synod And sometimes Synodale is used for the Synod it self T. T. Every Person convict of any other Felony save Murder and admitted to the benefit of his Clergy shall be marked with a T. upon the Brawn of the Left Thumb Anno 4 Hen. 7. cap. 13. Tabellion Tabellio A Notary Publick or Serivener allowed by Authority to Engross and Register private Contracts and Obligations His Office in some Countreys did formerly differ from that of Notary but now they are grown or made one Quoniam Tabellionum usus in Regno Angliae non habetur propter quod magis ad Sigilla authentica credi est necesse ut eorum copia facilius habeatur statuimus ut Sigillum habeant non solum Archiepiscopi Episcopi sed eorum Officiales Matth. Paris fol. 454. de Anno 1236. Tabling of Fines Is the making a Table for every County where His Majesties Writ runs containing the Contents of every Fine passed in any one Term as the name of the County Towns and places wherein the Lands or Tenements lie the name of the Demandant and Deforceant and of every Mannor named in the Fine This is properly to be done by the Chirographer of Fines of the Common Pleas who every day of the next Term after the ingrossing any such Fine does fix every of the said Tables in some open place of the said Court during its sitting And the said Chirographer is to deliver to the Sheriff of every County his Under-Sheriff or Deputy fair written in Parchment a perfect content of the Table so made for that Shire in the Term next before the Assizes or else between the Term and the Assizes to be set up every day of the next Assizes in some open place of the Court where the Justices sit to continue there so long as they shall sit c. If either the Chirographer or Sheriff fail herein he forfeits 5 l. And the Chirographers Fee for every such Tabling is 4 d. Anno 23 Eliz. cap. 3. Tail Fr. Taille i. Sectura Signisies two things grounded upon one reason Plowden Casu Willion fol. 251. First it is used for the Fee which is opposite to Fee-simple by reason it is so minced as it were or pared that it is not in the owners free power to dispose but is by the first giver cut or divided from all others and tied to the issue of the Donee Coke lib. 4. in Proamio And this limitation or Tail is either General or Special Tail General Is that whereby Lands or Tenements are limited to a Man and to the Heirs of his Body begotten and it is General because how many Women soever the Tenant holding by this title shall take to his Wives one after another his issue by them all have a possibility to inherit one after another Tail Special Is that whereby Lands or Tenements are limited to a Man and his Wife and the Heirs of their two bodies begotten because if the Man bury his Wife before issue and take another the issue by his second Wife cannot inherit the Land Also if Land be given to A. and his Wife B. and to their Son C. for ever this is Tail Special See Fee and Littl. lib. 1. cap. 2. and New Book of Entries â—erbo Tail Tail in the other signification is that we vulgarly call a Talley For Une
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple fee-Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
figillo meo munitâ confirmavi Hi is testibus Ade Salvag Walt. de novo Menul c. Sine dat Penes Tho. Bridgwater Gen. Assault assultus Is a violent kinde of injury offered to a Mans person of a higher nature then Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib 1. cap. 3. As to rebuke a Collector with foul words so that he departed for fear without doing his Office was taken for an Assault To strike at a Man though he were neither hurt nor hit with the blow was adjudged the like 22 Lib. Ass Plea 60. For Assault does not always necessarily imply a hitting or blow because in Trespass for Assault and Battery a Man may be found guilty of the Assault and excused of the Battery 25 Edw. 3. cap. 24. The Feudists define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de Feud pag. 10. num 38. Assach or Assath An. 1 H. 5. cap. 6. Was a strange kinde of Purgation used of old in Wales by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales and is now abrogated Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clark of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assaier of the King Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in prasentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen. 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate Anno 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is called Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign â—false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assizes And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Depty is he that does it in the right of another Assise of mort d'auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. F. Nat. Br. fol. 114. Register of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have presented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used see Bracton lib. 4. tract 2. Register of Writs fol. 30. F. Nat Br. fol. 195. Assise de utrum assisa utrum Lies for a Parson against a Lay-man of a Lay-man against a Parson for Land or Tenement doubtful Whether it be Lay-fee or Free-alms And of this sâ—c Bracton lib. 4. tract 5. cap 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation
Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in praesentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regiis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate An. 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors Debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br. fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assises And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Deputy is he that does it in the right of another Assise is derived from the French Assis i. assessum locatum definitum and is diversly used Littleton Cha. Rents says it is Aequivocum and sets down three significations of it One as it is taken for a Writ another as it is used for a Jury the third for an Ordinance i. Assise is a Writ dirâ—cted to the Sheriff for Recovery of Possession of things immoveable whereof your self or Ancestors have been disseised and this is as well of things corporal as incorporeal Rights being of four sorts viz. Assise of Novel Disseisin Assisa novae Disseisinae Lies where a Tenant in Fee-simple Fee-tail or for Life is lately disseised of his Lands or Tenements Rent-service Rent-seck or Rent-charge Common of Pasture c. and divers other such like of which you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. Britton cap. 70. Reg. of Writs fol. 197. Fitz. Nat. Br. fol. 177. Westm 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added the Bill of Fresh force which is directed to the Officers or Magistrates of Cities or Towns-corporate being a kinde of Assise for Recovery of Possession in such places within forty days after the force as the ordinary Assise is in the County Fitz. Nat. Br. fol. 7. Assise of Mort d'Auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have prsented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used See Bracton lib. 4. tract 2. Register of Writs fol. 30. Fitz. Nat. Br. fol. 195. Assise de utrum Assisa utrum Lies for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tencment doubtful Whether it be Lay-fee or Free-alms And of this see Bracton lib. 4. tract 5. cap. 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation except they be tried in the standing Courts at Westminster as appears by Fitz. Nat. Br. fol. 177. d e. Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also
ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy Attainder attincta and attinctura Is when a Man hath committed Treason or Felony and after Conviction Judgment hath passed upon him The Children of a person Attainted of Treason cannot be Heirs to him or any other Ancestor And if he were noble and gentle before he and his posterity are made base and ignoble This corruption of Blood cannot be salved but by Act of Parliament See Attainted and Felony Attendant attendens Signifies one that ows a duty or service to another or depends on him For example there is Lord Mesn and Tenant the Tenant holds of the Mesn by a penny the Mesn holds over by two pence The Mesn releases to the Tenant all the right he hath in the Land and the Tenant dies his Wife shall be endowed of the Land and she shall be Attendant to the Heir of the third part of the penny and not of the third part of the two pence For she shall be endowed of the best Possession of her Husband And where the Wife is endowed by the Guardian she shall be Attendant to the Guardian and to the Heir at his full age Kitchin fol. 209. With whom agrees Perkins in Dower 424. Attermining Also such as will purchase attermining of their Debts shall be sent into the Exchequer Ordinatio de libertatibus perquirendis Anno 27 Edw. 1. It comes from the Fr. Attermoye i. That hath a term or time granted for the payment of a debt So in this Statute it seems to signifie the Purchasing or gaining a longer time for payment of a debt Atterminent quaerentes usque in proximum Parliamentum Westm 2. cap. 24. Atturney atturnatus Is he that is appointed by another Man to do any thing in his stead as much as Procurator or Syndicus in the Civil Law West defines them thus Atturneys are such persons as by the Consent Commandment or Request of others see to and take upon them the charge of their business part 1. Symbol lib. 2. sect 559. In ancient time those of Authority in Courts had it in their power whether to suffer men to appear or sue by another then themselves as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attornato faciendo where it is shewed That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them but it is since provided by Statutes that it should be lawful so to do without any such circuit as appears by 20 Hen. 3. cap. 10. 6 Edw. 1. c. 8. 27 ejusdem Stat. 2. 12 Edw. 2. cap. 1. 15 ejusdem cap. unico 7 Rich. 2. cap. 14. 7 Hen. 4. cap. 13. 3 Hen. 5. cap. 2. 15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register wherein the King by his Writ commands the Judges to admit of Atturneys whereby there grew at last so many unskilful Atturneys and so many mischiefs by them that for restraining them it was enacted 4 Hen. 4. cap. 18. that the Justices should examine them and displace the unskilful And again 33 Hen. 6. cap. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a Man at this day may have an Atturney and in what not see Fitz. ubi supra Atturney is either general or special Atturney General is he who by general Authority is appointed to manage all our Affairs or Suits As the Atturney General of the King which is as much as Procurator Caesaris was in the Roman Empire Atturney General of the Duke Cromp. Juris fol. 105. Atturney Special or Particular is he that is employed in one or more causes particularly specified of whom you may read more at large in Glanvile lib. 11. cap. 1. and Britton cap. 126. There are also in respect of the divers Courts Atturneys at large and Atturneys special belonging to this or that Court onely The name is borrowed of the Normans as appears by the Customary cap. 65. Our old Latin word for it seems to be Responsalis Bracton lib. 4. cap. 31. Atturney of the Court of the Dutchy of Lancaster Atturnatus Curiae Ducatus Lancastriae Is the second Officer in that Court and seems for his skill in Law to be there placed as Assessor to the Chancellor of that Court being for the most part some Honorable Person and chosen rather for some especial trust reposed in him to deal between the King and his Tenants than for any great Learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment from the Fr. Tourner i. vertere Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life and he in Reversion grants his right to another it is necessary the Tenant for Life agree thereto which is called Attornment without which nothing passeth by the grant But if the Grant be by Fine in Court of Record he shall be compelled to Attourn Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these I agree me to the Grant made to you or more commonly Sir I attourn to you by force of the same Grant or I become your Tenant or deliver to the Grantee a penny by way of Attournment Littl. lib. 3. cap. Attournment where you may finde divers other Cases whereto Attournment appertains and that it is the transposing those duties which the Tenant owed his former Lord to another as his Lord. Attournment is either by word or by act voluntary or compulsory by the Writ Per quae servitia Old Nat. Br. fol. 155. or sometimes by Distress Fitz. Nat. Br. fol. 147. It may be made to the Lord himself or to his Steward in Court Kitchin fol. 70. There is Attournment in Deed and Attournment in Law Coke vol. 6. fol. 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law it is of equal force Coke on Littl. fol. 309. Atturnato faciendo vel recipiendo Is a Writ which a Man owing sute to a County Hundred or other Court and desiring to make an Atturney to appear for him there whom he doubts the Sheriff or Steward will not otherwise admit purchaseth to command him to receive such a Man for his Atturney and admit his appearance by him The form and other Circumstances whereof See in Fitz. Nat. Br. fol. 156. Avage or Avisage Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex upon St. Leonards day 6 Novemb. pays to the Lord viz. for every Pig under a year old ob for every yearling Pig 1 d and for every Hog above a year old 2 d for the priviledge of Pawnage in the Lords Woods Tob. Edmonds Gen. Senescal ibidem Audience Court Curia Audientiae Cantuariensis Is a Court belonging to the
lx fol. Et inde producit sectam c. praedictus Johannes venit c. Et non dedicit Conventionem praedictam Et quia videtur Curiae quod tale placitum non jacet inter Christianos Ideo partes praedicti adjournantur usque in infernum ad audiendum judicium suum utraque paâ—s in misericordia c. Conventione Is a Writ that lies for the breach of any Covenant in writing Reg. of Writs fol. 185. Old Nat. Br. fol. 101. Fitz. Nat. Br. fol. 145. calls it a Writ of Covenant who divides Covenants into personal and real making a discourse of both as also how this Writ lies for both Conventuals Are those Religious Men who are united together in a Convent or Religious House See Frier Observant Conventual Church See Parish Convict Convictus Is he that is found guilty of an Oâ—fence by Verdict of a Jury Stamf. Pl. Cor. fol. 186. yet Crompton out of Judge Dyers Commentaries 275 saith That Conviction is either when a Man is outlawed or appears and confesseth or else is found guilty by the Inquest Cromp. Jusâ— of Peace fol. 9. Conviction and Attainder are often confounded See Attaint and Attainted A Convict Recusant Is one that hath been legally presented indicted and convicâ— for refusing to come to Church to hear the Common-Prayer according to the Statutes 1 Eliz. 2. 23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants though any others that refuse to come to Church for the purpose aforesaid may as properly be called Recusants See Juâ—y Convocation Convocatio Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament And as there are Two Houses of Parliament so are there Two Houses of Convocation the one called the Higher Convocation House where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation House where all the rest of the Clergy sit Anno. 25 Hen. 8. cap. 19. See Proloâ—utor Conusance See Cognisance Conusant Fr. Cognoissant Knowing understanding apprehending If the son be Conusant and agrees to the Fe 〈…〉 ment c. Coke on Littl. fol. 159. b. Conusor See Cognizor Coopertura A Thicket or Covert of Wood. Carta de Foresta cap. 12. Caâ—â—â—ceners Farticipâ—s Otherwise called Parceners are such as have equal portion in the inheritance of their Ancestor Littleton lib. 3. says Paroenors are either by Law or by Custom Parcenors by Law are the issue Female which in default of Heir-male come in equality to the Lands of their A 〈…〉 Bractoâ— lib. 2. cap. 30. Parceâ—â—rs by Custâ—â— are those who by custom of the Country challenge equal part in such Lands as in Kent by â—â—volkind Of these you may read more at large in Littl. lib. 3. cap. 1. 2. and Brittan cap. 27. The Crown of England is not subject to Coparcinery Anno 25 Hen. 8. cap. 22. Cope Is a Custom or Tribute due to the King or Lord of the Soil out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby of which thus Mr. Manlove in his Treatise of those Liberties and Customs Printed 1653. Egress and Regress to the Kings High-way The Miners have and Lot and Cope they pay The Thirteenth Dish of Oar within their Mine To the Lord for Lot they pay at Measuring time Six pence a Load for Cope the Lord demands And that is paid to the Berghmasters hands c. Copia libelli deliberanda Is a Writ that lies in Case where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefiastical Reg. of Writs fol. 51. Copihold Tenura per Copiam Rotuli Curiae Is a Tenure for which the Tenant hath nothing to shew but the Copy of the Rolls made by the Steward of his Lords Court For as the Steward enrols and makes Remembrances of all other things done in the Lords Court so he does also of such Tenants as are admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant keeps as his onely evidence Coke lib. 4. fol. 25. b. This is called a Base Tenure because it holds at the Will of the Lord. Kitchin fol. 80. cap. Copiholds Fitzh Nat. Br. fol. 12. says It was wont to be called Tenure in Villenage and that Copihold is but a new name and yet it is not simply at the Will of the Lord but according to the Custom of the Mannor So that if a Copiholder break not the Custom of the Mannor and thereby forfeit his Tenure he seems not so much to stand at the Lords curtesie for his right that he may be displaced at his pleasure These Customs are infinite varying in one point or other almost in every several Mannor Copiholders do upon their Admittances pay a Fine to the Lord of the Mannor of whom the Lands are holden which Fines are in some Mannors certain in others incertain Those which are incertain the Lord rates at what Fine he pleaseth but if it exceeds two years value the Courts of Chancery Kings Bench Common Pleas or Exchequer have in their several Jurisdictions power to reduce the Fine unto two years value Copiholds are a kinde of Inheritance and called in many places Customary because the Tenant dying and the hold being void the next of the Blood paying the Customary Fine as Two shillings for an Acre or such like may not be denied his admission Secondly some Copiholders have by Custom the Wood growing upon their own Land which by Law they could not have Thirdly Others hold by the Verge in ancient Demesns and though they hold by Copy yet are they in account a kinde of Freeholder for if such a one commit Felony the King hath Annum diem vastum as in case of Freehold some others hold by Common Tenure called Meer Copihold whose Land upon Felony committed Escheats to the Lord of the Mannor Kitchin fol. 81. Cha. Tenants per Verge in ancient Demesn This is the Land which in the Saxons time was called Folkland West Par. 1. Symbol lib. 2. sect 646. says A Copiholder is he who is admitted Tenant of any Lands or Tenements within a Mannor which time out of minde by the use and custom thereof have been Demisable to such as will take the same by Copy of Court-Roll according to the custom of the said Mannor c. Where you may read more on this subject see Freebench Coram non judice In a Cause whereof they the Judges have not any Jurisdiction and then it is Coram non judice 2 Part. Croke fol. 351. Powels Case Coraage Coraagium Is a kinde of Imposition extraordinary growing upon some unusual occasion and it seems to be of certain Measures of Corn. For Corus tritici is a Measure of Corn. Bracton lib. 2. cap. 116. num 6. Who in the same Chapter num 8. hath these words Sunt etiam quaedam communes praestationes quae
Poll which names arise from the form or fashion of them the one being cut in and out in the top or side which we call Indented the other being plain A Deed Indented is a Deed consisting of two parts or more for there are Tripartite and Quadripartite Deeds in which it is expressed That the parties thereto have to every part thereof interchangably set their several Seals The cause of their Indenting is that it may appear they belong to one business or contract A Deed Poll or polled anciently called Charta de una parte is a plain Deed without Indenting as if we should say The Indenting is polled or cut off and is used when the Vendor for example onely Seals and there is no need of the Vendees sealing a Counterpart by reason the nature of the Contract is such as it requires no Covenant from the Vendee unless in such case the Vendor will out of caution or curiosity have a Counterpart to see upon any occasion what Covenants himself hath given See Coke on Littl. fol. 35. b. Déemsters or Demsters from the Saxon dema i. a Judge or Umpire All Controversies in the Isle of Man are decided without Process Writings or any Charges by certain Judges whom they chuse from among themselves and call Déemsters Camd. Brit. tit British Islands Deer-Hays Are Engins or great Nets made of Cords to catch Deer Anno 19 Hen. 7. cap. 11. De essendo quietum de Tolonio Is a Writ that lies for those who are by priviledge freed from the payment of Toll which read at large in Fitz. Nat. Br. fol. 226. De expensis militum Is a Writ commanding the Sheriff to levy four shillings per diem for the expences of a Knight of the Shire And a like Writ De expensis Civium Burgensium to levy two shillings per diem for every Citizen and Burgess of Parliament 4 Inst fol. 46. De facto Anno 12 Car. 2. cap. 30. Which is actually done done indeed Default Fr. Defaut Is an Offence in omitting that which we ought to do Of this Bracton hath a whole Tract lib. 5. tract 3. By whom it appears that Default is most notoriously taken for non-appearance in Court at a day assigned Of this you may also read Fleta lib. 6. cap. 14. and Coke on Littl. fol. 259. b. Defeizance of the Fr. Desfaire i. to undo or defeat Signifies a Condition relating to a Deed as to a Recognizance or Statute which being performed by the Recognizor the Deed is disabled and made void as if it never had been done The difference between a Proviso or Condition in Deed and a Defeizance is That those are inserted in the Deed or Grant this is usually in a Deed by it self Of which you may read West at large Par. 1. Symb. lib. 2. sect 156. Defend Fr. Defendre Signifies in our ancient Laws and Statutes to prohibit or forbid As Usuarios defendit quoque Rex Edwardus ne remanerent in Regno LL. Ed. Conf. cap. 37. 5 Rich. 2. cap. 7. Of which thus Chaucer Where can you say in any manner age That ever God defended Marriage And in 7 Edw. 1. we have a Statute entituled Statutum de defensione portandi arma c. It is defended by Law to Distrain in the Highway Coke on Littl. fol. 161. To this day in divers parts of England we say God defend instead of God forbid And the Fench Moneth is more truly called the Defence Moneth i. the Forbidden Moneth See Fench Moneth Defendant Defendens Is he that is sued in an Action Personal as Tenant is he who is sued in an Action Real See Impediens Defendemus Is a word used in Feofments and Donations and hath this force that it binds the Donor and his Heirs to defend the Donce if any Man go about to lay any servitude on the thing given other then is contained in the Donation Bracton lib. 2. cap. 16. num 10. See Warranty Defender of the Faith Defensor fidei Is a peculiar title given to the Kings of England by the Pope as Catholicus to the King of Spain Christianissimus to the King of France and Advocatus Ecclesiae to the Emperor Which title was given by Pope Leo the Tenth to King Henry the Eighth for writing against Martin Luther in behalf of the Church of Rome and the Bull for it bears date Quinto Idus Octobr. 1521. which may be seen at length in the Lord Herberts History of Henry the Eighth fol. 105. Deforcement Deforciamentum Matth. Paris fol. 422. Quicunque deforciaverit eis dotem de ipso deforciamento convicti fuerit id est Per vim abstulerit A withholding Lands or Tenements by force from the right owner See Deforceor and Coke on Littl. fol. 331. b. Deforciant Anno 23 Eliz. cap. 3. The same with Deforceor Deforceor Deforciator of the Fr. Forceur i. expugnator Is one that overcomes and casts out by force and differs from Disseisor First in this because a Man may disseise another without force which is called Simple Disseisin Britton cap. 53. Next because a Man may deforce another that never was in possession For example if more have right to Lands as Common Heirs and one entring keeps out the rest the Law says He deforceth them though he do not disseise them Old Nat. Br. fol. 118. And Littleton cap. Discontinuance fol. 117. says He who is inseoffed by the Tenant in Tail and put in Possession by keeping out the Heir of him in Reversion being dead doth deforce him though he did not disseise him because he entered when the Tenant in Tail was living and the Heir had no present right A Deforceor differs from an Intruder because a Man is made an Iutruder by a wrongful entry onely into Land or Tenement void of a Possessor And a Deforceor is he that holds out the right Heir as abovesaid Bracton lib. 4. cap. 1. Degrading See Disgrading Delegates Anno 25 Hen. 8. cap. 19. Are Commissioners so called because delegated or appointed by the Kings Commission under the Great Seal to sit upon an Appeal to the King in the Court of Chancery in three Cases First When a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly When any Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When a Sentence is given in the Admiral Court in Sutes Civil and Marine by order of the Civil Law 4 Part. Inst fol. 339. Anno 8 Eliz. cap. 5 Deliverance See Replegiare Delf from the Sax. delfan to dig or delve Is a Quarry or Mine where Stone or Coal is dug Anno 31 Eliz. cap. 7. And in a Charter of Edward the Fourth there is mention of a Mine or Delf of Copper Camd. Demain or Demesn Dominicum Gallis Domanium Italis Demanium Accipitur multipliciter says Bracton Est autem Dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands Anglicè i. Dominicum ad mensam Item dicitur Dominicum
Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
with an Adulterer whereby without voluntary submission or reconcilement to her Husband she shall lose her Dower by the Stat. of Westm 2. ca. 34. according to this old Dystich Sponte virum mulier fugiens Adultera facta Dote sua careat nisi sponso sponte retracta A Woman thus leaving her Husband is said to Elope and her Husband in this case shall not be compell'd to allow her any Alimony See Alimony I am perswaded the word is taken from the Saxon geleowan i. To depart from one place to dwell in another the Saxon w being easily mistaken for a p. Emblements from the French Emblâ—vence de bled i. Corn sprung or put up above ground Signifies strictly the Profits of Land which has been Sowed but the word is sometimes used more largely for any Profits that arise and grow naturally from the Ground as Grass Fruit Hemp Flax c. If Tenant for Life sow the Land and die his Executor shall have the Emblements and not he in reversion But if Tenant for years sow the Land and before severance the term expires there the Lessor or he in reversion shall have the Emblements and not the Lessee Vide Coke lib. 11. fol. 51. Embraceor Anno 19 Hen. 7. ca. 13. Is he that when a Matter is in Trial between Party and Party comes to the Bar with one of the Parties having receiv'd some Reward so to do and speaks in the Case or privately labors the Jury or stands there to survey or over-look them whereby to awe or put them in fear The Penalty whereof is 20 l. and Imprisonment at the Justices discretion by the said Statute Embracery Is the Act or Offence of Embraceors To instrnct the Jury or promise reward for or before appearance is Embracery Noys Rep. fol. 102. Embre or Embring-dayes Anno 2 3 Edw. 6. ca. 19. Are those which the ancient Fathers called Quatuor tempora and are of great Antiquity in the Church being observâ—d on Wednesday Friday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood day in September and St. Lucy's day in December and are so called from the Saxon ymb-ren i. cursus vel circulus because constantly observ'd at set seasons in the course or Circuit of the Year They are mention'd by Britton ca. 53. and others In 3 Part. Inst fol. 200. it is said These Embring dayes are the week next before Quadragesima which is a great mistake Emendals Emenda Is an old word still used in the Accounts of the Inner-Temple where so much in Emendals at the fcot of an Account signifies so much in the Bank or Stock of the House for Reparation of Losses or other emergent occasions Quod in restaurationem damni tribuitur says Spelman Empanel Ponere in Assisis Juratis Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule or Roll of Paper by the Sheriff whom he has Summon'd to appear for the performance of such Publick Service as Juries are employ'd in See Panel Emparlance From the French Parler to speak Signifies a Desire or Petition in Court of a Day to pause what is best to do the Civilians call it Petitionem induciarum Kitchin fol. 200. says If he imparl or pray continuance c. where praying continuance is spoken interpretatively and fol. 201. mentions imparlance general and special The first seems to be that which is made onely in one word and in general terms Emparlance special where the Party requires a Day to deliberate adding also these words Saluis omnibus advantagiis tam ad jurisdictionem Curiae quam ad breve narrationem or such like Britton useth it for the conference of a Jury upon the Cause committed to them ca. 53. See Imparlance Encheson French Signifies occasion cause or reason wherefore any thing is done 50 Ed. 3. ca. 3. See Skene in hoc verbum Encroachment or Accroachment Fr. Accrochement i. A grasping or hooking Signifies an unlawful encroaching or gathering in upon another man As if two mens Grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings Rent-service and the Lord exacts three So Hugh and Hugh Spencer encroached unto them Royal Power and Authority Anno 1 Edw. 3. in Proaem Enditement Indictamentum from the French Enditer i. Deferre nomen alicujus Is a Bill or Declaration drawn in form of Law for the benefit of the Common-wealth and exhibited by way of Accusation against one for some offence either Criminal or Penal and preferred unto Jurors and by their Verdict found and Presented to be true before a Judge or Officer that has power to punish or certifie the Offence An Inditement is alwayes at the Sute of the King and differs from an Accusation in this That the Preferrer of the Bill is no way tied to the Proof of it upon any Penalty except there appear conspiracy See Stamf. pl. Cor. lib. 2. ca. 23. usque 34. Enditements of Treason and of all other things ought to be most curiously and certainly penned Coke 7. Rep. Calvins Case The day year and place must be put in See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst fol. 134. Endowment Dotatio Signifies the bestowing or assuring of a Dower See Dower But it is sometimes used Metaphorically for the setting forth or severing a sufficient portion for a Vicar towards his perpetual maintenance when the Benefice is appropriated See Appropriation and the Stat. 15 Rich. 2. ca. 6. Endowment de la plus belle part Is where a man dying seized of some Lands holden in Knights-service and other some in Soccage the Widow is sped of her Dower in the Lands holden in Soccage as being the fairer or better part Of which see Lattleton at large lib. 1. cap. 5. Enfranchise French Enfranchir To make Free to Incorporate a man into any Society or Body Politic to make one a Free Denizen Enfranchisement French Signifies the Incorporating a Man into any Society or Body Politick For example he that by Charter is made Denizen of England is said to be Enfranchised and so is he that is made a Citizen of London or other City or Burgess of any Town Corporate becaufe he is made partaker of those Liberties that appertain to the Corporation whereinto he is Enfranchised So a Villain was Enfranchised when he was made Free by his Lord. Englecerie Englecherie or Engleschyre Engleceria Is an old abstract word signifying the being an Englishman For example if a Man were privily slain or murdered he was in old time accounted Francigena which comprehended every alien especially Danes until Englecerie was proved that is until it were made manifest that he was an Englishman Bracton lib. 3. tract 2. cap. 15. num 3. This Englecery for the abuses and troubles that afterward were perceived to grow by it was absolutely taken away by Stat. 14 Edw. 3. cap. 4. Enheritance See Inheritance Enitia pars See Esnecy Enquest Fr. Lat. Inquisitio Is especially taken
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
the end of the Sute and all that the Kings Writ commands to be done The other Writ with a Quousque is tending to an end but not final as in the Case of Capias ad Satisfaciendum c. which is not final but the Body of the party is to be taken to the intent to satisfie the Demandant and his imprisonment is not absolute but until he satisfie Idem ibid. Executor Executor Is he that is appointed by any Mans last Will and Testament to have the Execution thereof and the disposing of all the Testators substance according to the tenor of the Will See the Duty of Executors a Book so entituled Executor de son tort Or of his own wrong is he that takes upon him the Office of an Execator by intrusion not being so constituted by the Testator or deceased nor for want of such Constitution constituted by the Ordinary to administer How far he shall be liable to Creditors see 43 Eliz. cap. 8. Dyer 166. and the Duty of Executors cap. 14. Exemplification of Letters Patent An. 13 Eliz. cap. 6. Is a copy or example of Letters Patent made from the Inrollment thereof and sealed with the Great Seal of England which Exemplifications are as effectual to be shewed or pleaded as the Letters Patent themselves Nothing but matter of Record ought to be exemplified 3 Inst fol. 173. See Pages Case 5 Rep. Exemplificatione Is a Writ granted for the Exemplification of an Original See Reg. of Writs fol. 290. Ex gravi Querela Is a Writ that lies for him to whom any Lands or Tenements in Fee within a City Town or Borough wherein Lands are devisable are devised by Will and the Heir of the Devisor enters and detains them from him Reg. of Writs fol. 244. Old Nat. Br. fol. 87. See Fitz. Nat. Br. fol 198. L. Exhibit Exhibitum When any Deed Acquittance or other writing is in a sute in Chancery exhibited to be proved by Witnesses and the Examiner certifies on the back of it that the Deed was shewed to such a one at the time of his Examination this is there called an Exhibit The word is mentioned Anno 14 Car. 2. cap. 14. Exigendaries of the Common Bench Exigendarii de Banco Communi Are otherwise 10 Hen. 6. cap. 4. called Exigenters which Vide. Exigent Exigenda Is a Writ that lies where the Defendant in an Action Personal cannot be found nor any thing of his within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlary This Writ also lies in an Indictment of Felony where the party indicted cannot be found Smith de Repub. Angl. lib. 2. cap. 19. It is called an Exigent because it exacteth the party that is requires his appearance or forth-coming to answer the Law for if he come not at the last days Proclamation he is said to be Quinquies Exactus and then is Outlawed Cromp. Jurisd fol. 188. See the New Book of Entries verbo Exigent Exigenters Exigendarii Are four Officers of the Court of Common Pleas who make aâ—l Exigents and Proclamations in all Actions wherein Process of Outlary lies and Writs of Supersedeas as well as the Pronotaries upon such Exigents as were made in their Offices 18 Hen. 6. cap. 9. But the making the Writs of Supersedeas is since taken from them by an Officer in the Court of Common Pleas erected by King James by his Letters Patent in the later end of His Reign Ex mero motu Lat. Are formal words used in the Kings Charters and Letters Patent signifying that he does what is contained therein Of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to Bar all Exceptions that might be taken to the Instrument wherein they are contained by alleaging that the Prince in passing such a Charter was abused by salse suggestion Kitchin fol. 352. Ex Officio By vertue of a Branch of the Stat. 1 Eliz. cap. 1. the Queen by Her Letters Patent might authorise any person or persons c. To administer an Oath Ex Officio whereby the supposed Delinquent was compelled to confess accuse or purge himself of any criminal matter and thereby be made liable to censure or punishment c. The Branch of which Statute relating to the said Oath is repealed 17 Car. 1. cap. 11. Exoneratione Sectae Was a Writ that lay for the Kings Ward to be disburdened of all sute c. to the County Hundred Leet or Court Baron during the time of his Wardship Fitz. Nat. Br. fol. 158. Ex Parte Lat. Partly or of one part In the Court of Chancery it hath this signification A Joynt-Commission is that wherein both Plaintiff and Defendant joyn A Commission Ex parte is that which is taken out and executed by one Party onely Ex parte talis Is a Writ that lies for a Bailiff or Receiver who having Auditors assigned to hear his account cannot obtain of them reasonable allowance but is cast into Prison by them Fitz. Nat. Br. fol. 129. The manner in this Case is to take this Writ out of the Chancery directed to the Sheriff to take four Mainpernors to bring his Body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time Expectant Used with this word Fee differs from Fee-simple For example Lands are given to a Man and his Wife in Frank-Marriage To hold to them and their Heirs In this case they have Fee-simple Bat if it be given to them and the heires of their body c. they have Taile and Fee-expectant Kitchin fol. 153. Explees See Esplees Expeditate Expeditare vel expaaltare In the Forest Laws signifies to cut out the Balâ— of great Dogs fore-feet for preservation of the Kings Game Every one that keeps any great Dogs not expeditated forfeits three shillings to the King The Ball of the foot of Mastists is not to be cut off but the three Claws of the fore-foot to the skin 4 Part. Inst fol. 308. Nullus Dominicos canes Abbatis Monachorum expaaltari cogat Charta Hen. 3. Abbati de Rading sint quieti de espeditamentis canum Ex magno Rot. Pipae de Anno 9 Ed. 2. Expenditors Anno 37 Hen. 8. ca. 11. Seems to signifie those that pay disburse or expend the Tax in the said Statute mentioned Anno 7 Jac. ca. 20. Paymasters Expensis militum levandis Is a Writ directed to the Sheriff for levying allowance for the Knights of the Parliament Reg. of Writs fol. 191. b. Explorator A Scout In memoriam Henrici Croft Equitis aurati Exploratoris in Hibernia generaliâ— qui obiit Anno 1609. Scoutmaster-general Also a Huntsman or Chaser Idem Abbas habens Exploratores suos statim ponere fecit retia c. In Itin. Pickering 8 Ed. 3. Rot. 4. Extend Extendere To value
his right hand over the Book and say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall ow you Fealty for the Land that I hold of you in Villange and shall be justified by you in Body and Goods So help me God and all his Saints See Reg. of Writs fol. 302. a. Fidelitas est fidei ubsequii servitii ligamen quo generaliter subditus Regi particulariter vassallus domino astringitur Spel. Fée Feodum alias Feudum Is applied to all those Lands and Tenements which we hold by perpetual right and by an acknowledgment of any superiority to a higher Lord. Those that write of this subject divide all Lands and Tenements wherein a Man hath a perpetual estate to him and his heirs into Allodium and Feudum Allodium is defined to be every Man 's own Land c. which he possesseth meerly in his own right without acknowledgment of any service or payment of any Rent to any other and this is a property in the highest degree Feudum is that which we hold by the benefit of another and in the name whereof we ow Service or pay Rent or both to a Superior Lord. And all our Land here in England the Crown Land which is in the Kings own hands in right of His Crown excepted is in the nature of Feudum or Fee For though many have Land by descent from their Ancestors and others have dearly bought Land for their Money yet is it of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had Novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed So that there is no Man that hath Directum Dominium i. The very Property or Demain in any Land but the Prince in right of His Crown Camd. Britan. pag. 93. For though he that hath Fee hath Jus perpetuum utile Dominium yet he ows a duty for it and therefore it is not simply his own which thing I take those words we use for the expressing our deepest Rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that Land or Tenement in my Demain as of Fee and that is as much as if he had said it is my Demain or Proper Land after a sort because it is to me and my heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the Stat. 37 Hen. 8. cap. 16. useth the word Fee of Lands invested in the Crown but it proceeds from an ignorance of the nature of the word for Fee cannot be without Fealty sworn to a Superior as you may read partly in the word Fealty but more at large in those that write De Feudis and namely Hotoman both in his Commentaries and Disputations since no Man may grant that our King or Crown oweth Fealty to any Superior but God onely And all that write De Feudis hold that Feudatarius hath not an entire property in his Fee Fee is divided into Fee absolute otherwise called Fee-simple and Fee-conditional otherwise termed Fee-tail Fee-simple Feudum simplex is that whereof we are seised To us and our heirs for ever Fee-tail Feudum taliatum is that whereof we are seised with limitation to us and the heirs of our Body c. Which Fee-tayle is both general and special General is where Land is given to a Man and the heires of his body the reason whereof is shewed by Littleton lib. 1. ca. 2. because a Man seised of Land by such a gift if he Marry one or more Wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the Land Fee-tayl special is that where a Man and his Wife are seised of Lands to them and the heirs of their two bodies because in this case the Wife dying without issue and he Marrying another by whom he hath issue this issue cannot inherit the Land being especially given to such heirs c. This Fee-tayl has Original from the Stat. of Westm 2. ca. 1. Yet see Bracton lib. 2. ca. 5. num 3. Item quaedam absoluta larga quaedam stricta coarcta sicut certis haeredibus To whom add Plowden casu Willion fol. 235. For before that Statute all Land given to a Man and his heirs either general or special was accounted in the nature of Fee and therefore held to be so firmly in him to whom it was given that any limitation notwithstanding he might alienate it at his pleasure Coke on Litt. fol. 19. for redress of which inconvenience the said Statute was made whereby it is ordain'd that if a Man give Lands in Fee limiting the heirs to whom it shall descend with a reversion to himself or his heires for default c. that the form and true meaning of his gift shall be observed He that hath Fee then holdeth of another by some duty or other which is called Service This word Fee is sometimes used for the compass or circuit of a Lordship or Mannor Bracton lib. 2. ca. 5. in eadem villa de eodem Feodo Thirdly It is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee Old Nat. Br. fol. 41. Rent granted in Fee eodem fol. 8. Sheriff in Fee Anno 28 Ed. 1. Stat. 13. ca. 8. Lastly Fee signifies a reward or ordinary duty given a man for the execution of his Office or the performance of his industry in his Art or Science As the Lawyer or Physitian is said to have his Fee when he hath the consideration of his pains taken the one with his Client the other with his Patient Fee expectant Is by the Feudists termed Feudum expectativum See Expectant Fee Farm or Fee Ferm Feudi firma vel feofirma Is when the Lord upon creation of the Tenancy reserves to himself and his heirs either the rent for which it was before letten to Farm or at least a fourth part of that rent 2 Part Inst fo 44. and that without homage fealty or other services other then are especially comprized in the Feoffment but by Fitzh it seems the third part of the value may be appointed for the Rent or the finding of a Chaplain to Sing Divine-Service c. Nat. Br. fol. 210. C. And the Nature of it is this That if the Rent be behind and unpaid for the space of two years then the Feoffor or his heirs have Action to recover the Lands as their Demesnes Britton ca. 66. num 4. But observe out of Wests Symbol part 1. lib. 2. Sect. 463. that the Feoffment may contain services and sute of Court as well as rent And the Author of the New Terms of Law saith
it is arbitrary Fresh fine Is that which was levied within a year past Westm 2. ca. 45. Anno 13 Edw. 1. Fresh force Frisca fortia Is a force done within fourty dayes Fitz. Nat. Br. fol. 7. For if a man be Disseis'd of any Lands or Tenements within any City or Borough or deforced from them after the death of his Ancestor to whom he is heir or after the death of his Tenant for Life or in Tayl he may within fourty dayes after his title accrued have his remedy by an Assise or Bill of Fresh force See Old Nat. Br. fol. 4. a. Fresh sute Recens insecutio Is such a present and active following an Offender as never ceases from the time of the Offence committed or discover'd until he be apprehended And the benefit of the pursute of a Felon is That the party pursuing shall have his Goods restored him whereas otherwise they are the Kings of this see Stamf. Pl. Cor. lib. 3. ca. 10 and 12. where you shall find what sute is to be accounted fresh and what not The same Author lib. 1. ca. 27. saith that fresh sute may continue for seven years See Cokes Reports lib. 3. Rigeways Case Fresh sute is either within the view or without For Manwood sayes That upon fresh sute within the view trespassers in the Forest may be attached by the Officers pursuing them though without the limits of the Forest pa. 2. ca. 19. num 4. Friar or Frier Lat. Frater Fr. Frere i. A Brother an Order of Religious persons of which these are reckoned the principal Branches Anno 4 H. 4. ca. 17. viz. Minors Grey-Friers or Franciscans Augustins Dominicans or Black-Friers and White-Friers or Carmelites from which the rest descend See Zecchius de Repub. Eccles p. 380 and Linwood tit de relig Domibus c. 1. verbo Sancti Augustini Friburgh alias Frithborg from the Sax. frith i. Pax. and borge i. Fidejussor Is the same with Francpledge the one being in use in the Saxons time the other since the Conquest wherefore for the understanding this read Frankpledge and the Laws of King Edward set out by Lambert fol. 232. in these words Praeterea est quaedam summa maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freoborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum c. Bracton mentions Fridburgum lib. 3. Tract 2. ca. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes Armigeros c. Dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos armigeros alios sibi servientes quod si cui forisfecerint ipsi Domini sui habeant eos ad rectum si non habuerint solvant pro eis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastis Where we learn the reason why Great Men were not combined in any ordinary Dozein because they were a sufficient assurance for themselves and for their menial servants no less then the ten were one for another in ordinary Dozeins See Skone verbo Freiborgh Fleta writes it Frithborgh and useth it for the principal man or at least for one of the Dozein lib. 1. ca. 47. See Hoveden parte poster Annal. in Hen. 2. fol. 345. But Spelman makes a difference between Friborg and Frithborg saying The first signifies libera securitas or fidejussio the other pacis securitas Fridstoll et Frithflow from the Sax. frith pax stol sedes cathedra stow locus A Seat Chair or place of Peace In the Charter of Immunities granted to the Church of St. Peter in York confirmed Anno 5 Hen. 7. Fridstol is expounded Cathedra quictudinis pacis Of these there were many others in England but the most famous at Beverley which had this Inscription Haec sedes lapidea Freedstoll dicitur i. Pacis Cathedra ad quam reus fugiendo perveniens omnimodam habet securitatem Camd. Frier observant Frater observans Is a branch of the Franciscans which are Minores tam observantes quam conventuales Capuchini These we find spoken of An. 25 Hen. 8. ca. 12. who are called Observants because they are not combined together in any Cloister Covent or Corporation as the Conventuals are but onely by themselves to observe the Rules of their Order and more strictly then the Conventuals do and upon a singularity of zeal separate themselves from them living in certain places of their own chusing of whom you may read Hospinian de Orig. progress Monachatus ca. 38. fol. 878. Friperer Fr. Fripier i. Interpolator One that furbushes and scowers up old Apparel to sell again It is used for a bastardly kind of Broaker Anno 1 Jac. ca. 21. Frithbrech Sax. Pacis violatio LL. Ethelredi ca. 6. See Frythe Frithburgh See Friburgh Frithmote Per Frithmote Jo. Stanley Ar. clamat capere annuatim de villa de Olton quae est infra Feodum Manerium de Aldford infra Forestam de la Mara x. sol quos Comites Cestriae ante confectionem Cartae praedictae solebant capere Pl. in Itin. apud Cestriam 14 Hen. 7. Frithsocne et Frithsoke frith i. Pax. socne Libertas Tuendae pacis jurisdictio or according to Fleta Libertas habendi franci plegii or immunitatis locus Froborg or Freoburgh from the Sax. freo i. Free and borge i. Fidejussor See Friburgh and Franc-pledge Frodmortel rectius Freomortel from the Sax. freo Free and Morþ doed Murder An Immunity or Freedom granted for Murder or Man-slaughter Carta Adelstani Regis Sancto Wilfrido de Rippon concessa Wyt all that es and es gan Yat ik King Adelstan As given al 's frelith as I may And to ye Capitel of Seint Wilfrai Of my free Devotion Yair pees at Rippon On ilke side the Kyrke a mile For all ilk deeds and ylke agyle And within yair Kyrke yate At ye stan yat Grithstole hate Within ye Kyrke dore and ya quare Pair have pees for les and mare Ilkan of yis stedes sal have pees Of Frodmortel and il deedes Yat yair don is Tol Tem With Iron and with Water deme And yat ye Land of Seint Wilfrai Of alkyn geld fre sal be ay At nai nan at langes me to In yair Herpsac sal haue at do And for ik will at yai be saue I will at yai alkyn fréedome haue And in all thinges be al 's frée As hert may thinke or eygh may sée At te power of a Kinge Masts make free any thynge And my seale haue I sat yerto For I will at no Man it undo Frumgyld Sax. Prima capitis aestimationis pensio vel solutio The first payment made to the
is used in the same signification in other Nations Honor Courts Are Courts held within the Honors aforesaid mentioned 33 Hen. 8. cap. 37. And 37 Ejusdem cap. 18. Honorary Services Anno 12 Car. 2. cap. 29. Are such as are incident to the Tenure of Grand Serjeanty and annexed commonly to some Honor or Grand Seigniory Hontfongenethef Cum omnibus aliis libertatibus tantummodo Hontfongenethef mihi retento Carta Wil. Comitis Marescalsi In Mon. Angl. 1 Par. fol. 724. This should have been written Hondfangenethef and signifies a Theif taken with Hondha-bend i. Having the thing stoln in his hand Hornebeam-Pollengers Are Trees so called that have usually been lopped and are above twenty years growth and therefore not tythable Plowden Casu Soby fol. 470. Horngeld from the Sax. Hofn cornu gel◠soltitio Signifies a Tax within the Forest to be paid for horned Beasts Cromp. Juris fol. 197. And to be free of it is a priviledge granted by the King to such as he thinks good Quietum esse de omni collectione in Foresta de bestiis cornutis asses 4 Inst fol. 306. Et sint quieti de omnibus geldis Danegeldis Vodgeldis Senegeldis Horngeldis c. Diploma Hen. 3. Canonicis Monialibus de Semplingham See Subsidy Hors de son Fée Fr. i. out of his Fee Is an Exception to avoid an Action brought for Rent issuing out of certain Land by him that pretends to be the Lord or for some Customs and Services For if the Defendant can prove the Land to be without the compass of his Fee the Action falls See District and Broke hoctitulo Hospitalers Hospitalarii Were a certain order of Religious Knights so called because they built an Hospital at Jerusalem wherein Pilgrims were received To these Pope Clement the Fifth transferred the Templers which Order by a Council held at Vienne he suppressed for their many and great misdemeanors These Hospitalers were otherwise called Knights of S. John of Jerusalem and are now those we call the Knights of S. John of Malta Cassan Gloria mundi part 9. Consid 5. This Constitution was also obeyed in Edward the Second's time here in England and confirmed by Parliament Walsinghams Hist Edw. 2. These are mentioned 13 Edw. 1. cap. 43. and 9 Hen. 3. cap. 37. They had many priviledges granted them by the Popes as immunity from payment of Tythes c. Their Lands and Goods were put into the Kings dispose by Stat. 32 Hen. 8. cap. 24. See Mon. Angl. 2 part fol. 489. Hotchpot Fr. Hochepot A confused mingle-mangle of divers things jumbled or put together so also of Lands of several Tenures As a Man seised of thirty Acres of Land in Fee hath issue two daughters and gives with one of them ten Acres in Franc-marriage and dies seised of the other twenty Now if she that is thus married will have any part of the twenty Acres she must put her Lands given in Franc-marriage in Hotchpot that is she must refuse to take the sole profits of the ten Acres but suffer them to be mingled with the other twenty Acres to the end an equal division may be made of the whole thirty between her and her sister and thus for her ten Acres she shall have fifteen otherwise her sister will have the twenty Acres of which the Father died seised Littleton fol. 55. Coke on Littl. lib. 3. cap. 12. Britton fol. 119. Housabold and Hoybold Et similiter concessionem quam idem Willielmus de Lancastre fecit eisdem Abbati Canonicis de Cokersand eorum tenentibus villae de Gairstang tam qui essent quam qui fuerunt de Housabold and Hoybold cum omnibus aliis libertatibus eidem Villae pertin Mon. Angl. 2 par fol. 633. a. Quaere House-bote Compounded of House and Bote i. Compensatio Signifies Estovers or an allowance of Timber out of the Lords Wood for the repair or upholding a House or Tenement Housebote says Coke on Littl. fol. 41. b. is twofold viz. Estoverium aedificandi ardendi House-robbing or House-breaking Sax. Hous-bryc Is the robbing a Man in some part of his House or his Booth or Stall in any Fair or Market and the owner or his Wife Children or Servants being within the same This was Felony by 23 Hen. 8. cap. 1. and 3 Edw. 6. cap. 9. but now it is Felony though none be within the House by 39 Eliz. cap. 15. See Burglary and West part 2. Symb. tit Indictments sect 67. Hudegeld Significat quietantiam transgression is illatae in servum transgredientem Supposed to be mistaken by Fleta or mis-printed for Hinegeld Hue and Cry Hutesium and Clamor from the Fr. Huer and Crier both signifying to shout and cry out aloud Signifies a pursuit of one who hath committed Felony by the High-way for if the party robbed or any in the company of one murdered or robbed come to the Constable of the next Town and will him to raise Hue and Cry or to pursue the Offendor describing the party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for aid in seeking the Felon and if he be not found there then to give the next Constable warning and he the next until the Offendor be apprehended or at least thus pursued to the Sea-side Of this read Bracton lib. 3. tract 2. cap. 5. Smith de Repub. Anglor lib. 2. cap. 20. And the Statutes 13 Edw. 1. of Winchester ca. 3. 28 Ed. 3. cap. 11. and 27 Eliz. cap. 13. The Normans had such a pursute with a Cry after Offenders as this is which they called Haro of which you may read the Grand Customary ca. 54. Hue is used alone Anno 4 Ed. 1. Stat. 2. In ancient Records this is called Hutesium Clamor See Cokes 2 Part Instit fol. 172. Mandatum est Gulielmo de Haverhul Thesaurario Regis quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non Levaverunt Hutesium Clamorem pro morte Magistri Guidonis de Aretio aliorum interfectorum secundum legem consuetudinem regni Rot. Claus 30 H. 3. m. 5. Huers See Conders Huissiers See Usher Hulm See Holm Hundred Hundredum Centuria Is a part of a Shire so called either because at first there were an hundred Towns and Villages in each Hundred or because they did find the King 100 able Men for his Warrs These were first ordain'd by King Alfred the 29th King of the West Saxons Aluredus Rex sayes Lambert verbo Centuria ubi cum Guthruno daco foedus inierat prudentissimum illud olim a Jethrone Moisi datum secutus consilium Angliam primus in Satrapias Centurias decurias partitus est Satrapiam Shyre a Scyrian quod partiri significat nominavit Centuriam Hundred Decuriam Toothing sive Tienmantale i. Decemvirale Collegium appellavit atque iisdem nominibus vel hodie vocantur c. This dividing Counties into
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or fee-Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
it is that the party that did that Act was mad or not well in his wits when he did it or when he made his last Will and Testament See New Book of Entries tit Non sane memorie See Non compos mentis Nones Nonae In March May July and October are the six days next following the first day or the Calends In other Moneths they are the four days next after the first but the last of these days is properly called Nones and the other reckoned backward according to the number distant from the Nones as the third fourth or fifth Nones They are called Nones because they begin the ninth day before the Ides Dates of Deeds by Nones Ides or Calends is sufficient 2 Inst fol. 675. Non-term Non terminus Is the time of Vacation between Term and Term. It was anciently called The times or days of the Kings Peace Lamb. Archa fol. 126. And what these were in the time of King Edward the Confessor see there See Peace of God and the Church This time was called Justicâ—um or Feriae among the Romans or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotiis jure dicendo vacabat Brisson de verb. signif lib. 6. Nook of Land Noka terrae Universis pateat quod ego Johanna quae fui uxor Walteri le Blount tradidi Henrico Adams unum Mes unam nokam terrae cum pertin in villa de Momele c. Dat. apud Sodyngton 5 Edw. 3. Norroy Quasi North-Roy The Northern King The third of the Three Kings at Arms whose Office lies on the Northside of Trent as Clarentius on the South and is mentioned in the Stat. 14 Car. 2. cap. 33. See Herald Notary Notarius Anno 27 Edw. 3. cap. 1. Is a Scribe or Scrivener that takes Notes or makes a short draught of Contracts Obligations or other Instruments Claus 13 Edw. 2. m. 6. Schedula consuta eidem memb de Notariis Imperialibus non admittendis Note of a Fine Nota Finis Is a Brief of a Fine made by the Chirographer before it be engrossed The form whereof see in West par 2. Symbol tit Fines sect 117. Not guilty See Non est culpabilis Novale Ex Cartulario Abbathiae de Furnesse in Com. Lanc. in Officio Ducat Lanc. fol. 41. b. Item nota quod Novale est ager nunc primum praecisus ut extra verborum significationibus innovatae ubi Glossa dicitur Novale terra de Novo ad culturam redacta cujus non extat memoria quod fuisset ibidem Et quod Novale semel fuit semper erit Novale quoad decimarum retentionem vel solutionem Land newly ploughed or converted into Tillage Excepta decima Novalium cujusdam terrae quam de novo excoluerunt Pat. 6 Edw. 3. pa. 1. m. 19. Novel Assignment Nova Assignatio Is in an Action of Trespass an Assignment of Time Place or such like in a Declaration more particularly then it was in the Writ Broke tit Deputy num 12. And Trespass 122. See Assignment Noyles Anno 21 Jac. cap. 18 No person shall put any Flocks Noyles Thrums Hair or other deceivable thing into any broad Woollen Cloth c. Nude Contract Nudum Pactum Is a bare Contract or Promise of a thing without any consideration given therefore Ex quo non oritur Actio Nude Matter See Matter Nummata terrae Is the same with Denariata terrae by some taken to be an Aâ—re Sciatis me Wil. Longespe dedisse concessisse Ecclesiae Sanctae Mariae de Walsingham Canonicis ibidem deo servientibus in perpetuam Eleâ—mosinam 40 Nummatas terrae in Walsingham c. See Fardingdele Nuncupative Will See Will. Nunn Nonna Signifies a holy or consecrated Virgin or a Woman that hath by vow bound her self to a single or chaste life in some place or company of other Women separad from the World and devoted to a special Service of God by Prayer Fasting and such like holy Exercises Cowel Nuper obiit Is a Writ that lies for a Coheir being deforced by her Coparcener of Lands or Tenements whereof their Grandfather Father Uncle or Brother or any other their common Ancestor died seised of an estate in Fee-simple See the form of the Writ in Reg. of Writs fol. 226. and Fitz. Nat. Br. fol. 197. If the Ancestor died seised in Fee-tail then the Coheir deforced shall have a Formdon Ibidem Nusance from the Fr. nuire i. nocere Signifies not onely a thing done to the annoyance of another in his free Lands or Tenements but the Assize or Writ lying for the same Fitz. Nat. Br. fol. 183. And this Writ De Nocumento or of Nusance is either simply De Nocumento or De parvo Nocumento and then it is Vicountiel Old Nat. Br. fol. 108. Britton cap. 61. 62. calls it Nosance Manwood pa. 2. cap. 17. makes three sorts of Nusance in the Forest the first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale of which read there See Cokes fifth Report Williams Case Writs of Nusances see the Stat. 6 Rich. 2. cap. 3. Now much turned into Trespasses and Actions upon the Case O. O. Ni. The course of the Exchequer is That as soon as a Sheriff enters into his account for Issues Amerciaments and Mean Profits to mark upon his Head O. Ni. which signifies Oneratur nisi habeat sufficientem exonerationem and presently he becomes the Kings debtor and a Debet set upon his Head whereupon the parties peravaile are become debtors to the Sheriff and discharged against the King 4 Inst fol. 116. Oale-gavel See Gavelsester Oategavel See Gavel Oath Juramentum Is a calling Almighty God to witness that the Testimony is true therefore it is aptly termed Sacramentum a Holy Band a Sacred Tye or Godly Vow And it is called a Corporal Oath because the party when he swears toucheth with his right hand the Holy Evangelists or Book of the New Testament Coke 3 Part. Inst cap. 74. See the several Oaths of many of the Officers of this Kingdom in the Book of Oaths lately Printed In a Deed of William de Elmham Knight in French Dat. 19 April 49 Edw. 3. is this old fashioned Oath Promettant per la foye de mon Corps de Chivalerie que si Dieu moy voille mesnez en savete c. ieo delivera les avantditz sommez c. M S. Penes Will. Dugdale Ar. Obedientia Was a Rent as appears by Hotedens Annals parte poster fo 430. Ut ergo eis scil Regularibus adimatur opportunitas evagandi prohibemus ne reditus quos obedientias vocant ad firmam tencant In the Canon Law it is used for an Office or the administration of it Whereupon the word Obedientiales in the Provincial Constitutions is used for those who have the execution of any Office under their Superiors ca. 1. de statu Regular It may be some of these Offices called Obedientiae consisted in the
Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law
fringed Purfle Purgation Purgatio Is the clearing ones self of a crime whereof he is probably and publickly suspected and thereof accused before a Judge Of this there was great use in England touching matter of Felony imputed to Clerks in former times as appears by Stamf. Pl. Cor. lib. 2. cap. 48. and Westm 1. cap. 2. See Clergy It is still observed in matters pertaining to the Ecclesiastical Court as suspition or common fame of incontinency or such like Purgation is either Canonical or Vulgar Canonical is that which is prescribed by the Canon Law the form whereof is usual in the Spiritual Court the person suspected taking his Oath That he is clear of the Fact objected and bringing so many of his honest Neighbors not above Twelve as the Court shall assign him to swear upon their Consciences and Credulity that he swears truly The Vulgar and ancient manner was by fire or water or by combat used by Insidels and Christians also till by the Canon Law it was abolished But Combat though now disused may be still practised by the Laws of the Realm in Cases doubtful and where there is a want of evidence or other proof if the Defendant chuse rather the combat then other tryal See Ordel and Combat Purificatio Beatae Mariae Uirginis Anno 32 Hen. 8. cap. 21. See Candlemass Purlue or Purlieu from the Fr. Pur i. Purus lieu locus Is all that Ground near any Forest which being made Forest by Henry the Second Richard the First or King John were by Perambulation granted by Henry the Third severed again from the same and became Purlue i. Pure and free from the Laws and Ordinances of the Forest Manwood Par. 2. For. Laws cap. 20. See the Stat. 33 Edw. 1. stat 5. And the Perambulation whereby the Purlieu is Deafforested is called Pourallee i. Perambulatio 4 Inst fol. 303. Purlieu-Man Is he that hath Ground with 〈◊〉 the Purlieu and being able to dispend forty shillings per annum of Freehold is licensed to â—unt in his own Purlieu Manwood part 1. pa. 151. 157. but what observations he must use in his hunting see more in him pa. 180 and Par. 2 ca. 20. Num. 5. 8. 9. Purpresture From the Fr. Pourprist and Pourprest 1. Integre arreptum est proprie terrae alienae clandestina sustractio ejusdemque vicinae ascriptio See Pourpresture Purprisum Fr. Pourpris A Close or Enclosure also the whole compass or extent of a Mannor or Place Donavi eis meum Purprisum de Kirkeham domos meas molendinum prata c. Carta Walteri Espec Priorat de Kirkeham in Mon. Angl. 2 Par. fo 106. n. 40. Purrel Anno 35 Eliz. ca. 10. A List ordained to be made at the end of Kersies to prevent deceit in diminishing their length Pursy Anno 43 Eliz. ca. 10. A Terme among Clothiers See Rewey Pursuivant See Poursuivant Purveyance See Pourveyance Purvieu Fr. Pourveu A Patent Gift Grant and Pourveu que so that on condition that Sir Edward Coke often uses it in his Works for the Body or that part of an Act of Parliament which begins with Be it Enacted The Stat. of 3 Hen. 7. stands upon a Preamble and a Purview 12 Rep. fo 20. Putage Putagium Fornicatio ex parte faeminae quasi puttam agere a Gall. Putte i. Meretrix Quod autem generaliter solet dici Putagium haereditatem non adimit illud intelligendum est de putagio Matris quia filius haeres legitimus est quem nuptiae demonstrant Glanv l. 7. ca. 12. Putura q. Potura A Custom claimed by Keepers in Forests and sometimes by Bailiffs of Hundreds to take Mans meat Horse meat and Dogs meat of the Tenants and Inhabitants gratis within the perambulation of the Forest Hundred c. This Custom within the liberty of Knaresburg was long since turned into the payment of 4 d. pro Putura MS. de temp Ed. 3. Pl. Coron in Com. Ebor. de Anno 21 Ed. 3. Putura in Chasia de Bovoland 4 Inst 307. Per Puturam servient Johannes Stanley Ar. clamat habere de quolibet tenente aliquam terram vocatam Ould Oxgang Lands possidente qualibet sexta septimana victum prout Paterfamilias residens super hujusmodi terram habuerit Pl. in Itin. apud Cestriam 14 Hen. 7. And the Land subject to this Custom is called terra puturata Pla. apud Cestr 31 Ed. 3. Placita apud Preston 17 Edw. 3. coram Willielmo de Shareshull Rogero de Hungerford Henrico de Hungerford Henrico de Hanbury Simone de Pakeman Rogero de Hillary JOhannes de Radecliffe Seneschallus libertatis de Penwortham attachiatus fuit ad respondendum Abbati de Evesham de placito c. Johannes clamat unam Puturam in Prioratu de Penwortham qui est quaedam Cella Abbatiae de Evesham pro se Ministris equis garcionibus suis per unum diem duas noctes de tribus septimanis in tres septimanas viz. de victualibus ut in esculentis poculentis ad custus Prioratus praedicti indebite Pyker alias Pycar A kind of Ship mentioned Anno 31 Edw. 3. Stat. 2. ca. 2. Pyrate See Pirate Q. QUadragesima Sunday Is the first Sunday in Lent and so called because it is about the fortieth day before Easter See Quinquagesima Quadrantata terrae See Fardingdeal Quadrugata terrae A Teem Land Quae quatuor equis agitur Willielmus Prior de Tuttebur omnes Monachi ejusdem loci concesserunt Ormo de Acouere heredibus suis unam Quadrugatam terrae quae attinet ad Man de Malefeld solam quietam sicut tenuit in diebus Henr. de Ferr. c. pro octo sol redd per ann ad Festum S. Martini c. Sine dat M. S. Will. Dugdale Ar. Quae plura Was a Writ that lay where an Inquisition had been made by an Escheator of such Lands or Tenements as any man died seized of and all was supposed not to be found by the Office this was therefore to enquire what more Lands or Tenements the party dyed seised of The form see in Reg. of Writs fo 293. and in Fitz. Nat. Br. fo 255. This Writ is now made useless by taking away the Court of Wards and Offices post mortem Anno 12 Car. 2. ca. 24. Quaerens non invenit plegium Is a return made by the Sheriff upon a Writ directed to him with this Condition inserted Si A. fecerit B. securum de clamore suo prosequendo c. Fitz. Nat. Br. fo 38. Quae servitia Is a Writ See Per quae servitia Quam diu se bene gesserit Is a Clause often used in Letters Pattent of the Grant of Offices as in those to the Barons of the Exchequer which must be intended in matters concerning their Office and is no more then the Law would have imply'd if the Office had been granted for life 4 Inst fo 117. Quale jus Is a Writ Judicial that lies where a man of Religion
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. o◠Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
Exactions mentioned in the said Statute to be claimed by the Pope heretofore in England and seems to signifie a Bul or Breve for re-inabling a Spiritual Person to exercise his Function who was formerly disabled or a restoring to former ability Rejoynder Rejunctio Signifies an Answer or Exception to a Replication For first the Defendant puts in an Answer to the Plaintiffs Bill which is sometimes called an Exception The Plaintiffs Answer to that is called a Replication and the Defendants to that Duplication in the Civil Law and Rejoynder with us especially in Chancery West par 2. Symbol tit Chancery sect 56. Rekpenis Constitut Rob. Dunelm Episc Anno 1276. cap. 3. Porro huic Sanctioni adjicimus quod si plures liberi proprium habentes in parontum pariter familia vivant ad denarios qui nuncupantur Rekpenis minime arceantur cum sic communiter intrinscois aluntur a parentibus sic in extrinsecis ab eisdem laetentur pariter se defendi Relation Re latio Is where in consideration of Law two times or other things are considered as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if A. deliver a writing to B. to be delivered to C. as the Deed of A. when C. hath paid a sum of Money Now when the Money is paid and the writing delivered this shall be taken as the Deed of A. at the time when it was first delivered So Bills of Parliament to which the King Assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament Coke lib. 3. Butlers Case says it is Fictio juris Release Relaxatio Is an Instrument whereby Estates Rights Titles Entries Actions and other things are sometimes extinguished sometimes transferred sometimes abridged and sometimes enlarged West par 1. Symb. lib. 2. sect 509. And there is a Release in fact and a Release in Law In fact is that which the very words expresly declare in Law is that which acquits by way of consequent or intendment of Law an example whereof you have in Perkins Grants 71. How these are available and how not see Littleton at large Lib. 3. cap. 8. And of divers sorts of Releases see New Book of Entries verbo Release Releif Relevamen Relevium Signifies a certain sum of Money which the Tenant holding by Knight-service Grand Sergeanty or other Tenure for which Homage or Regalservice was due and after the death of his Ancestor paid to his Lord at his entrance Mag. Charta cap. 2. and 28 Edw. 1. stat 1. Bracton lib. 2. cap. 36. says it is called a Releif Quia haereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevium See the Stat. 12 Car. 2. cap. 24. A Releife is likewise paid in Soccage Tonure or Petit Serjeanty where a Rent or any thing is paid by rendring as much as the Rent or payment reserved Relegation Relegatio A banishing or sending away As Abjuration is a sorswearing the Realm for ever Relegation is taken for a banishment for a time onely Coke on Littl. fol. 133. Religiosi Religious men such as enter'd into some Monastery or Convent In ancient Deeds of sale of Land we often find the Vendee restrain'd from giving or alienating it Viris Religiosis vel Judaeis to the end the Land might not fall into Mortmiain See Judaism Rex Vicecom Praecipimus tibi quod clamari facias sine dilatione per comitatum tuum quod nulli sicut diligunt corpora catalla sua malum faciant vel dicant viris Religiosis vel Clericis contra pacem nostram Et si quem inde attingere possimus ad proximum quercum cum suspendi faciemus T. meipso apud Marlebergh xi Apr. Claus 9 Joh. m. 3. Remainder Remanentia Signifies an Estate limited in Lands Tenements or Rents to be enjoyed after the Estate of another expired For example a man may grant Land to one for term of his life the remainder to another for term of his life Litt. ca. Atturnment fo 113. And this Remainder may be either for a certain term or in Fee-simple or fee-Fee-tail as appears by Brock tit Done Remainder fo 245. Glanvile lib. 7. ca. 1. in fine has these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de Elemosina Dom. Regis antecessorum éjus non possunt de Dominicis suis aliquam partem dare ad remanentiam sine assensu confirmatione Domini Regis In like sort Bracton uses it lib. 2. ca. 23. lib. 4. Tract 2. ca. 4. nu 4. See New Book of Entries verbo Remainder In eo igitur differunt Remanentia Reversio haec post statutum terminum ad donatorem vel haeredes suos uti in fontem remeat illa vero ad tertium quempiam seu extraneum progreditur Spelm. Remembrancers of the Exchequer Rememoratores Scaccarii are three Officers one called the Kings Remembrancer Anno 35 Eliz. ca. 5. The second the Lord Treasurers Remembrancer upon whose charge it lies to put the Lord Treasurer and the rest of the Justices of that Court in remembrance of such things as are to be called on and dealt in for the Kings behoof The third is called the Remembrancer of the first-fruits Anno 5 Rich. 2. Stat. 1. ca. 14 15. These Anno 37 Edw. 3. ca. 4. are called Clerks of the Remembrance The Kings Remembrancer enters in his Office all Recognizances taken before the Barons for any the Kings Debts for appearances or observing of Orders he takes all Bonds for the Kings Debts for appearance or observing Orders and makes Proces upon them for the breach of them He Writes Proces against the Collectors of Customs Subsidies and Fifteenths for their accounts All Informations upon Penal Statutes are entred in his Office and all matters upon English Bills in the Exchequer Chamber remain in his Office He makes the Bills of Compositions upon penal Laws and takes the stalment of Debts He has deliver'd into his Office all manner of Indentures Fines and other Evidences that concern the assuring or passing any Lands to or from the Crown He yearly in Crastino animarum reads in open Court the Statute for election of Sheriffs and gives them their Oath he reads in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers Remembrancer makes Process against all Sheriffs Escheators Receivers and Bailiffs for their accounts He makes Process of Fieri Facias and Extent for any Debts due to the King either in the Pipe or with the Auditors makes Proces for all such Revenue as is due to the King by reason of his Tenures He makes Record whereby it appears whether Sheriffs and other Accountants pay their Profers due at Easter and
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' fee-Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord Mâ—sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in fee-Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after Easter-day and ends the Munday next after Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur câ—rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery