Law Actions real ACtions real are such Actions whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee simple fee-Fee-tail or for Term of life Every Action real is either possessory that is of his own possession or seisin or ancestrel scil of the seisin or possession of his ancestor Co. lib. 6. fol. 3. Acts. ACts of Parliament are positive Laws which consist of two parts that is to say of the words of the Act and of the sense and they both joyned together make the Law Additions ADdition is that which is given to a man besides his proper name and Surname that is to shew of what Estate Degree or Mystery he is and of what Town Hamlet or County Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are these which we call names of Dignity as Knight Earl Marquess Duke Additions of Mystery are Scrivener Painter Mason Carpenter and all other of like nature for Mystery is the craft or occupation whereby a man gets his living Additions of Town as Sale Dale and so of the rest And where a man hath a houshold in two places he shall be said to dwell in both of them so that his Addition in one of them doth sufice By the Statute An. 1 H. 5. c. 5. it was or dained that in Suits or Actions where process of Vtlagary lies such Additions should be to the name of the Defendant to shew his estate mystery and place where he dwells and that such writs shall abate if they have not such Additions if the Defendant take exception thereto but they shall not abate by the Office of the Court. Also Duke Marquess Earl or Knight are none of those Additions but names of Dignity which should have been given before the Statute And this was ordained by the said Statute to the iutent that one man might not be grieved nor troubled by the Vtlary of another But that by reason of the certain Addition every man might be certainly known and bear his own burthen Adjournment ADjournment is when any Court is dissolved and determined for the present and afsigned to be kept again at another place or time and methinks is compounded of two words ad or al and jour Admeasurement of Dower ADmeasurement of Dower is a writ that lies where a woman is endowed by an Infant or by a Gardian of more than she ought to have the Heir in such case shall have this writ whereby the woman shall be admeasured and the Heir restored to the overplus But if one abate that is one who hath no right enter after the death of the husband and indow the wife of him that is dead of more than she ought to have the Heir shall not have this Writ but Assise â— Mort dancestor against the Woman and if she plead that she was indowed of the Land as of the Free-hold of her husband the Heir shall shew how she was indowed by the Abator and that she had more than she ought to have and shall pray that he may be restored to the surplusage and if it be found he shall be restored Admeasurement of Pasture ADmeasurement of Pasture is a Writ that lies where many Tenants have Common appendant in another ground and one overcharges the Common with many Beasts then the other Commoners may have this Writ against him And also it may be brought by one Commoner only but then it ought to be brought against all the other Commoners against him that surcharged for that all the Commoners shall be admeasured And this Writ lies not against him nor for him that hath Common appurtenant or Common in gross but those who have Common appendant or Common because of vicinage See the diversity of all these Commons afterwards in the title of Common Also this Writ lies not for the Lord nor against the Lord but the Lord may distrain the beasts of the Tenant that are surplusage But if the Lord overcharge the Common the Commoner hath no remedy by the Common Law but an Assise of his Common Administrator ADministrator is he to whom the Ordinary commits the Administration of the goods of a dead man for default of an Executor and an Action shall lie against him and for him as for an Executor and he shall be charged to the value of the Goods of the dead man and no further unless it be by his own false Plea or by wasting the goods of the dead If the Administrator die his Executors are not Administrators but it behoves the Ordinary to commit a new Administration And if a stranger that is not Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator in any Action brought against him by any Creditor But if the Ordinary make a Letter ad colligendum bona defuncti he that hath such a Letter is not Administrator but the Action lieth against the Ordinary as well as if he take the goods in his own hand or by the hand of any of his Servants by any other Commandment There is also another sort of Administrator where one makes his will and makes an infant under the age of 17 his Executor The Bishop commits Administration to some friend during the nonage of the Executor which Administrator if he sue does not declare that the deceased died intestate Which Administration ceases when the Infant is 17 years old Admiral ADmiral is a high Officer that has the Government of the Kings Navy and the hearing and determining of all Causes as well civil as criminal belonging to the Sea and to that purpose hath his Court called the Admiralty He may cause his Citation to be served upon the Land and take the paries body or goods in execution upon the Land Also he hath cognizance of the death or maihem of a man committed in any great Ship fleeting in great Rivers in the Realm beneath the Bridges of the same next the Sea Also to arrest Ships in the great Streams for the Voiages of the King and Realm and hath Iurisdiction in the said Streams during the same Voiages Ad quod damnum AD quod Damnum is a Writ which ought to be sued before the King grant certain Liberties as a Fair Market or such like which may be prejudicial to others And thereby it shall be required if it should be a prejudice to grant them and to whom it shall be prejudicial and what prejudice shall come thereby There is also another Writ of Ad quod damnum if any one will turn a Common high-way and lay out another way as veneficial Both which though found to be prejudicial may be traversed in another Action although the King hath made his grant pursuant to the Verdicts of the Iury. Advent ADvent is a time which contains about a month next before the Feast of the Nativity of our Saviour Christ In which our
dishonour of the King and his Crown and discredit of the Law that any person by birth and oath obliged to the obedience of the King and his Laws should presume of his own authority by Force and strong hand to resist them both by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein therefore divers Statutes have been made for the restraint and reformation of these Abuses as among others the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements but in case where Entry is given by the Law and then not with strong hand or with a multitude of people but onely in a peaceable manner See more of this in Po â— lt de pace Reg. f. 34. 35 c. Degrading DEgrading See Disgrading Delegates ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial in which sentence was given Demaines DEmaines or Demesnes generally speaking are all the parts of any Mannor which are not in the hands of Freeholders though they be held by Copy-holders Lessees for years or for life as well as Tenants at will And the reason why Copyhold is accounted Demesnes is because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands yet in common speech that is ordinarily called Demesnes which is neither free nor copy And this word Demesne is sometimes used in a more special signification and is opposite to frank-Frank-fee as those Lands which were in the possession of Edward the Confessor are called Ancient demesne and all others are called franck-Franck-fee Kitch fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn the other Tenants in frank-Frank-fee And no common person hath any Demesnes in the simple acceptation of the word because there is no Land but depends mediately or immediately of the Crown that is of some Honor or other belonging to the Crown and not granted in fee to any inferiour person and therefore when a man in pleading will signifie his Land to be his own he saith That he is or was seised thereof in his Demesne as of Fee Littleton f. 3. whereby it appears that though his Land be to him and his Heirs for ever yet it is not true Demesne but depending upon a superiour Lord and holding by Service or Rent in lieu of Service or by Service and Rent together Demaines according to the common speech are only understood the Lords chief Mannor-place which he and his Ancestors have time out of mind kept in their own hands with all buildings and houses meadows pastures woods arable lands and such like therewith occupied Demand DEmand is a word of art and if one release to another all Demands this is as Littleton fol. 117. a. saith the best Release to him to whom the Release is made that he can have and shall most enure to his advantage for by it not onely all Demands but also all causes of Demands are released And there are two manner of Demands that is in Deed and in Law In Deed as in every Praecipe there is expresse Demand and therefore in real Actions he is called Demandant in personal Plaintiff In Law as every Entry in Land Distresse for Rent Taking or seisure of Goods and such like acts in the Countrey which may be done without any words or demands in Law As a Release of Suits is more large then a Release of Quarrels or of Actions so a Release of Demands is more large and beneficial than either of them for by it is released all that which by the others is released and more By Release of all Demands all Freeholds and Inheritances executory are released By Release of all Demands to the Dissetsor the right of the Entry in the land and all that is contained therein is released By Release of all Demands all Executions are released and he that releases all Demands excludes himself from all Actions Entries and Seisures Littleton fol. 170. holds That if Tenant in tail enfeoffs his Vncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed releases to the Vncle all manner of Demands by such Release the Warranty which is a Covenant real and executory is extinct and the reason is because that by Release of Demands all the means and remedies and their causes which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest it self unto the thing Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded neither in Deed nor in Law but lie only to relieve the Plaintiff by way of Discharge and not by way of Demand as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry and so of such like See 18 Edw. 3. 59. Coke lib. 8. fol. 153 154. Demandant DEmandant is he that sues or complains in an Action real for Title of land and he is called Plaintiff in an Assise and in an Action personal for Debt Trespass Deceit Detinue and such like Demurrage IS called the time when a Shi â— lies idle in a Port or Harbour or on the Sea in a Calm Demurrer DEmurrer is when any Action is brought and the Defendant pleads a Plea to which the Plaintiff says that he will not answer for that it is not a sufficient Plea in the Law and the Defendant avers the contrary that it is a sufficient Plea and thereupon both parties submit the Cause to the Iudgement of the Court which is called a Demurrer for that they go not forward in pleading but rest upon Iudgement in that point and is called in Latine Records Moratur in Lege For in every Action the difference consists either in Deed or in Law If in Fact it is tried by the Iury if in Law then the matter is either plain or difficult and rare if it be plain then Iudgment is presently given but when it is hard and doubtfull then is stay made and time taken either to consider farther thereupon by the Iudges to agree if they can or otherwise for all the Iustices to meet together in the Exchequer-Chamber and upon hearing of that which the Serjeants shall say unto both parts to advise and determine what is Law and that which is there concluded on by them shall stand firm without further remedy There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue Plo. Com. 2. 3 Rast Entr. 607. Half bloud HAlf bloud is when a man marries a wife and hath issue by her a son or daughter and the wife dies and then he takes another woman and hath by her also a son or daughter Now these two sons are after a sort Brothers or as they are termed Half-brothers or Brothers of the half
be it by Knights Service or Soccage and not of any Honor Castle or Mannor and for this it is also called a Tenure which holds meerly of the King For as the Crown is a Corporation a Seignory in gross so the King who possesses the Crown is in the eye of the Law perpetually King never in his Minority and dies no more than Populus doth whose authority he bears See Fitz N. BreÌ„ fol. 5. Yet note That a man may hold of the King and yet not in Capite that is not immediately of the Crown in gross but by means of some Honor Castle or Manor belonging to the Crown whereof he holds his Land Of this Kitchin saith well That a man may hold of the King by Knight's service and yet not in Capite because it may be he holds of some honour by Knights service that is in the Kings hands by descent from his Ancestors and not immediately of the King as of his Crown fol. 129. With which agrees Fitzh Nat. BreÌ„ fol. 5. k. whose words are to this effect It plainly appears that Lands which are held of the King as of an Honor Castle or Manor are not held in Capite of the King because a Writ of right iu this case shall be directed to the Bailiff of the Honor Castle or Manor c. But when the lands are held of the King as of his Crown then they are not held of an Honor Castle or Manor but meerly of the King as King as of his Crown as of a Seignory of it self in gross and the chief of all other Seigniories And this Tenure in Capite is otherwise called Tenure holding of the person of the King Dyer fol. 44. Brook titulo Tenures num 65 99. And yet Ki â— chen fol. 208. saith That a man may hold of the person of the King and yet not in Capite His Case is this If the King purchase a Manor that J. S. holds the Tenant shall hold as he did before and he shall not render Livery nor primer Seisin nor hold in Capite And if the King grants his Manor to W. N. in fee excepting the services of J. S. then J. S. holds as of the person of the King and yet holds not in Capite but as he held before By which it seems that Tenure holding of the person of the King and Tenure in Capite are two divers Tenures To take away which difference it may be said That this place of Kitchen is to be taken as if he had said Not in Capite by Knights service but by Socage following the usual speech because most commonly where we speak of Tenure in Capite we intend Tenure by Knight's service See the Stat. 12 Car. 2. c. 24. by which all Tenures are now turned into free and common Socage Cark CArk seems to be a quantity of Wooll whereof 30 make a Sarplar 27 H. 6. cap. 2. See Sarplar Carno CArno is an Immunity as appears in Cromp. Jurisd f. 191. where it is said That the Prior of Malton made claim for him and his men to be quit of all Amerciaments within the Forest and also to be quit of Escapes and of all manner of Gelds and of Foot-gelds Buckstall Trites Carno and Summage c. Carrack or Carrick CArrack alias Carrick is a Ship of burthen and is so called of the Italian word Carico or Carco which signifies a Burthen This word is mentioned in the Statute 1 Jac. c. 33. Carue of Land CArue or Carucate of land is a certain quantity of land by which the Subjects have been heretofore taxed whereupon the Tribute so levied is called Caruage Bract. l. 2. c. 16. num 8. Lit. Sect. 119. saith that Soca is the same with Caruca sc a Soke or Plow Stow in his Annals p. 251. hath these words The same time H. the King took Caruage that is to say two Marks of Silver for every Knight's Fee to the marriage of his sister Isabel to the Empereur By which it seems there was raised of every plow-Plow-land so much and so consequently of every Knight's free two Marks of Silver Rastal in his Exposition of words saith that Caruage is to be quit if the King shall tax all the Land by Plows that is a Priviledge by which a man is freed from Caruage Skene saith that it contains as great a portion of land as may be eyred or tilled in a year and a day with one Plow which also is called a Hild or Hide of land Castellain CAstellain is a Keeper or Captain sometimes called a Constable of a Castle Bracton l. 5. c. 2. cap. 16. In the same manner it is used anÌ„ 3 E. 1. c. 7. In the book of Feudis you shall find Guastaldus to be of like signification but more large because it is also extended to those that have the custody of the King's Mansion-houses called Courts notwithstanding they are not places of defence or force Manwood part 1. of the Laws of the Forest p. 113. saith That there is an Officer of the Forest called Castellanus Castle-guard CAstle-guard is an Imposition laid upon such of the Kings subjects as dwell within a certain compass of any Castle to the maintenance of such as watch and ward it Mag. Chart. cap. 2. an 32 H. 8. ca. 48. It is sometimes used for the Circuit it self which is inhabited by such as arc subject to this Service See Chivalry Casu consimili CAsu consimili is Writ of Entry granted where the Tenant by courtesie or Tenant for term of life or for the life of another aliens in Fee or in tail or for the life of another And it hath this name because the Clerks of the Chaucery have framed it by their common consent like the Writ called in casu ê“viso according to the authority given them by the Stat. of West 2. cap. 24. which wills That as often as it shall happen in Chancery that in one case a Writ is found and in the like case a remedy is wanting the Clerks of the Chancery should agree to make a Writ c. And this Writ is granted to him in reversion against the party to whom the said Tenant so aliened to his prejudice and in the life of the Tenant See more of this F. N. B. fol. 206. Casu proviso CAsu proviso is given by the Stat of Gloucester cap. 7. This Writ lies where Tenant in Dower aliens in Fee or for life or in tail the Land which she holds in Dower there he that hath the Reversion Fee or in Tail or for term of life shall presently have this Writ against the Alienee or him that is Tenant of the Free-hold of the Land and that during the life of the Tenant in Dower F. N. B. 205. n. Catals CAtals or Chatels comprehend all Goods movable and immovable except such as are in nature of Free-hold or parcel of it as may be collected out of Stamf. Praer cap. 16. and anno 1 Eliz. cap. 2. Yet Kitch fol. 32. saith that
Winchester 13 Edw. 1. which appoints for the conservation of the Peace and view of Armour two Constables in every Hundred and Liberty and these are at this day called High Constables because the increase of people and offences hath again under these made others in every Town called Pe ◠ie Constables who are of the like nature but of inferiour authority to the other Besides these there are Officers of particular places called by this name as Constable of the Tower Stan. 152. 1 H. 4. 13. Constable of the Exchequer 15 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. pag. 239. F. N. B. otherwise called Castellain Manw. part 1. cap. 13. of his Forest Law makes mention of a Constable of the Forest Customes and Services See Prescription CUstomes and Services is a Writ and lies where I or my ancestors after the limitation of Assise for which see the Title of Limitation in the Collection of Statutes were not seised of the Customes or Services of the Tenant before then I shall have this Writ to recover those Services Also the Tenant may have this Writ against his Lord but after the Tenant hath declared the Lord shall defend the words of the Declaration and replying shall say that he distrained not for the Customes whereof the Declaration is and then he shall declare all the Declaration of the Customes and Services and then the Tenant who was Plaintiff shall become Defendant and shall defend by Battel or great Assise Consultation COnsultation is a Writ whereby a Cause being formerly removed by Prohibition out of the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Iudges of the Kings Court comparing the Libell with the Suggestion of the party find the Suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a Consultation Of this you may read the Regist Orig. fol. 44. untill fol. 58. Old Nat. Brev. fol. 32. Fitzh Nat. Brev. fol. 50. Contenement COntenement seems to be the Freehold-land that lies to the Tenement or Dwelling-house that is in his own occupation for in Magna Charta cap. 14. there are these words A Free-man shall not be amerced for a small fault but according to the quantity of the fault and for a great fault according to the manner thereof saving unto him his Conteuement or Free-hold And a Merchant shall also be amerced saving to him his Merchandizes and a Villain saving to him his Wainage Continual Claime COntinual claim is where a man hath right to e ◠ter into certain lands whereof another is seised in Fee or fee-Fee-tail and dares not enter for fear of death or beating but approaches as nigh as he dares and makes Claim thereto within the year and day before the death of him that hath the Lands if that he who hath the Land die seised and his Heir is in by discent yet he that makes such Claim may enter upon the Heir notwithstanding such discent because he hath made such Continual claim But such Claim must always be made within the year and the day before the death of the Tenant for if such Tenant do not die seised within a year and a day after such Claim made and yet he that hath right dares not enter then it behoves him that hath such right to make another Claim within the year and day after the first Claim and after such second Claim to make the third Claim within the year and day if he will be sure to save his Entry But if the Disseisor die seised within the year and day after the Disseisin and no Claim made then the entrie of the Disseisee is taken away for the year and day shall not be taken from the time of the title of the Entry to him grown but only from the time of the last Claim by him made as is aforesaid See more hereof in Littl. li. 3. c. 7. and see the Stat. 32 H. 8. cap. 33. Continuance COntinuance in the Common Law is of the same signification with Prorogatio in the Civil as Continuance until the next Assise Fitzh Nat. Brev. 154. f and 244. d. in both which places it is said That if a Record in the Treasury be alledged by the one party and denyed by the other a Certiorari shall be sued to the Treasurer and the Chamherlain of the Exchequer and if they do not certifie in the Chancery that such Record is there or that it is like to be in the Tower the King shall send to the Iustices repeating the said Certificate and commanding them to continue the Assise In this signification it is also used by Kitchen 202. and 119. also Anno 11 H. 6. cap. 4. Contract COntract is a Bargain or Covenant between two parties where one thing is given for another which is called Quid pro quo as if I sell my Horse for money or if I covenant to make you a Lease of my Mannor of Dale in consideration of twenty pound that you shall give me these are good Contracts because there is one thing for another But if a man make promise to me that I shall have xx s. and that he will be debtor to me thereof and after I ask the xx s. and he will not deliver it yet I shall never have any Action to recover this xx s. because this Promise was no Contract but a bare Promise and Ex nudo Pacto non oritur Actio But if any thing were given for the twenty shillings though it were but to the value of a peny then it had been a good Contract Contra forma Collationis COntra formam Collationis is a Writ that lies where a man hath given Lands in perpetual Almes to any of the late Houses of Religion as to an Abbot and Convent or other Soveraign or to the Warden or Master of any Hospital and his Covent to find certain poor men and to do other Divine Service if they alien the Lands then the Donor or his heirs shall have the said Writ to recover the Land But this Writ shall be alway brought against the Abbot or his successor and not against the Alienee although he be Tenant but in all other Actions where a man demands Free-hold the Writ shall be brought against the Tenant of the Land See the Stat. West 2. cap. 41. Contra formam Feoffamenti COntra formā Feoffamenti is a Writ that lies where a man before the Statute of Quia emptores terrarum made 18 Edw. 1. infeoffed another by Deed to do certain Service if the Feoffor or his heirs distrain him to do other Service then is comprised in the Deed then the Tenant shall have this Writ commanding him not to distrain him to do other Service then is comprised in the Deed. But this Writ lies not for the Plaintiff who
both are Records yet the Iudgment in the Kings Court upon judicial and ordinary proceeding is more notorious and conspicuous and of a more high and eminent degree then a Statute or Recognisance taken in private and by consent of parties and is therefore preferred in judgment of the Law before Recognisance or Statute and if the Executors do not satisfie this first then if they have no goods of the dead in their hands they shall pay it of their own So the Ordinary having goods of one that dies intestate in his hands by Sequestration and an Action of Debt upon an Obligation to the value of the said goods is brought against him as Ordinary he shall not dispose or administer any parcell of the said Goods to the other Creditors at his pleasure but is bound to satisfie the Debt first for which an Action is brought against him Dyer fol. 232. placit 5. If a Sheriff retorne ex officio without inquest that the Executor hath wasted goods the Execution goes de bonis propriis of the Executor and if the retorn be false then the Executor may have an Action upon the Case against the Sheriff for his false retorn because the Executor hath no day to plead But if the Sheriff retorn a devastavit upon an Inquiry by a Iury the Executor may appear and traverse quod non devastavit and try it 1 Cro. Mounson and Bourn Proctor versus Chamberlain Devenerunt DEvenerunt is a Writ directed to the Escheator when any of the Kings Tenants holding in Capite dies and when his son and heir within age and in the Kings custody dies then shall this Writ go forth commanding the Escheator that he by the oath of good and lawful men enquire what Lands or Tenements by the death of the Tenant come to the King c. See Dyer f. 360. pla 4. But see the Stat. 12. Car. 2. cap. 24. Devest DEvest is a word contrary to Invest for as Invest signifies to deliver the possession of a thing so Devest signifies the taking it away Devise DEvise is where a man in his Testament gives or bequeaths his Goods or Lands to another after his decease And where such Devise is made of Goods if the Executors will nor deliver them to the Devisee he hath no remedy by the Common Law but it behoves him to have a Citation against the Executors of the Testator to appear before the Ordinary to shew why he performs not the Will of the Testator for the Devisee may not take the Legacy and serve himself but it must be delivered to him by the Executors See the Stat. 32 H. 8. ca. 1. 34 H. 8. ca. 5. 29 Car. 2. ca. 3. By which last Statute the Law of Testameuts is altered But by the Common Law if a man be sole seised of Lands in fee and devises them by Testament this Devise was void unless the Lands were in City or Borough where Lands are devisable by Custome But if any man were infeoffed to the use of another and his heirs and he to whose use he was so seised did make Devise of his Lands this Devise was good though it were not in a Town where Lands are devisable Also if any man devise Lands in City Town or Borough devisable and the Devisor dies if his Heir or any other abate in the Lands then the Devisee shall have a Writ of Ex gravi querela But this Writ shall never be pleaded before the Kings Iustice but always before the Maior or Bailiffs in the same Town And here to the end to shew how much the Laws of this Realm and the discreet Iudges of the same who are the Interpreters of it do favour Wills and Testaments and Devises in yielding to them such a reasonable construction as they think might best agree with the minds of the dead considering that Wills and Testaments are for the most part and by common intendment made when the Testatour is very sick weak and past all hope of recovery for it is a received opinion in the Countrey amongst most that if a man should chance to be so wise as to make his Will in his good health when he is strong of good memory and hath time and leisure to ask counsell if any doubt were of the Learned that then he should not live long after and therefore they deferre it to such time when it were more convenient to apply themselves to the dispositions of their Souls than of their Lands or Goods except it were that by the fresh memory and recital of them at that time it might be a cause to put them in mind of some of their goods or lands falsly gotten and so move them to restitution c. And at that time the penning of such Wills is commonly committed to the Minister of the Parish or to some other more ignorant who knows not what words are necessary to make an Estate in Fee-simple fee-Fee-tail for term of life or such like besides many other mischiefs I will therefore here set down some of those Cases that are most common in ignorant mens mouths and carry by the wise interpretations of the Judges a larger and more favourable sense in Wills than in Deeds First therefore if one devise to J. S. by his Will all his Lands and Tenements here not only all those Lands that he hath in possession do pass but all those that he hath in Reversion by virtue of those words Tenements And if Lands be devised to a man to have to him for ever or to have to him and his Assigns in these two cases the Devisee shall have a Fee-simple But if it be given by Feoffment in such manner he hath but an Estate for term of life And if a man devise his Land to another to give sell or do therewith at his pleasure or will this is Fee-simple A Devise made to one and to his Heirs males doth make an estate-Estate-tail But if such words be put in a Deed of Feoffment it shall be taken for Fee-simple because it doth not appear of what body the Heirs males shall be begotten If Lands be given by Deed to J. S. and to the Heirs males of his body c. who hath issue a daughter who hath issue a son and dies there the Land shall return to the Donor and the son of the Daughter shall nor have it because he cannot convey himself by Heirs males for his mother is a let thereto But otherwise it is of such a Devise for there the son of the daughter shall have it rather then the Will shall be void If one devise to an Infant in his mothers belly it is a good Devise but otherwise by Feoffment Grant or Gift for in those cases there ought to be one of ability to take presently or otherwise it is void See 14. El. Dy. 304. A Devise made in Fee-simple without expresse words of Heirs is good in Fee-simple But if a Devise be made to J. N. he
punishes her Officers as Serjeants Pleaders Philizers Exigenters Attornies and others so she renounces and condemns all acts of greatest importance if they be intermixt with Disceit and falshood As if a Fine be levied by Disceit and five years past by the Statute of 4 H. 7. c. 24. all persons and their rights shall be barred thereby yet for that it was by Disceit th â— Fine shall be avoided as is a â—â— dged in Cok. lib. 3. fol. 77. 〈◊〉 the same manner if one â—â— cover Land by Disceit the â—â—â— overy for this shall be fru â—â—â— ated and made void 3 Ed. 3. 2 â— So if a woman that hath good cause to be endowed will by Disceit have the Tenant to be disseised and after recovers her Dower by a Writ of Dower against the Disseisor yet she shall be adjudged in possession against the Disseis â— e but as a Disseisoresse in respect of the Disceit Cok. lib. 5. fol. 35. There is another manner of Writ of Disceit where Land which is auncient demesn is impleaded by the Kings Writ at Westm Then the Lord of the Mannor may have this Writ and reverse all the former proceedings and Iudgment as it appears Rast Ent. 100 221. 2 R. 3. 1 11 H. 4. 36. Discent DIscent or Descent is in two sorts either lineal or collateral Lineal Discent is when a Discent is conveyed in the same Liue of the whole bloud as grandfather father son sons son and so downward Collateral Discent is out in another branch drawn from above of the whole bloud as grandfathers brother fathers brother and so downward Note that if one die seised in fee or in tail of Land in which another hath right to enter and that discends to his Heir such Discent shall take away the Entry of him who hath right to enter for that the Heir hath it by Discent from his father and so by act of the Law and he that hath right cannot put him out by entring upon him but is put to sue his Writ to demand the Land according to the nature of his Title See hereof in Littl. lib. 3. cap. 6. and Stat. 32. H. 8. cap. 33. Disclaimer DIsclaimer is where the Lord distrains his Tenant and he sues a Replevin and the Lord avows the taking by reason he holds of him if the Tenant say that he disclaims to hold of him this is called a Disclaimer and if the Lord thereupon bring in a Writ of Right sur Disclaimer and it be found against the Tenant he shall lose his Land Also if one brings a Praecipe against two others for the Land and the Tenant disclaims and saith that he is not thereof Tenant nor claims any thing therein then the other shall have the whole Land but if the Praecipe be brought against one alone and he disclaims as aforesaid the Writ shall abate yet the Demandant may enter in the Land and hold it in his rightfull estate though his Entry was not lawful And after the Tenant in an Action brought against him disclaims he shall not have a Writ of Error against his own Disclaimer because by it he hath barred himself of his right to the Land for the words of the Disclaimer are He hath nothing neither claims he to have in the Land neither at the day of the bringing of the Original Writ aforesaid c. had or claimed but any thing in the same Land to have he disavows and disclaims and against this he shall not have Restitution by a Writ of Error See Cok. lib. 8. fol. 62. So if a Lord in case where he may disclaims his Seigniory in Court of Record his Seigniory by this is extinct and the Tenant shall hold of the Lord next above him that so disclaimed Lit. sect 146. If Lands be given to the husband and wife in tail or in fee and the husband dies the wife cannot devest the Freehold cut of her by any verbal Waver or Disclaimer in the Countrey as if before any Entry made by her she saith that she altogether waves and disclaims the said Estate and will never take nor accept thereof yet the Free-hold remains in her and she may enter when she pleases So a Charter of Feoffment was made to four and Seisin was delivered to three in the name of all and after the Seisin was delivered the fourth coming sees the Deed and saith by word that he will have nothing of the Land nor agree to the Deed but disclaims and it was adjudged that this Disclaimer by word in the Countrey shall not devest the Freehold out of him Cok. lib. 3. fol. 26. Discontinuance DIscontinuance is when a man alienates to another Lands or Tenements and dies and another hath right to the same Lands and may not enter into them because of this Alienation as if an Abbot alien the Lands of his House to another in fee fee-fee-tail or sor life or if a man alien the Lands that he hath in right of his wife or if Tenant in tail makes of the Lands given to him and the Heirs of his body any Feoffment Gift in tail or Lease for life not warranted by the Statute 32 Hen. 8. by Fine or Livery of seisin then such Alienations are called Discontinuances for such Estates passe away by Livery and seisin In these cases the Successors of the Abbot or the woman after the death of her husband or the issue in tail after the death of the Tenant in tail and they that have any Remainder or Reversion after the end of the Estate-tail may not enter but every of them is put to his Action And as there is Discontinuance of Possession as is said before so also is there Discontinuance of Process or Plea and this is when the instant is lost and may not be regained but by a new Writ to begin the Suit afresh 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 time West part 2. tit Fines sect 115. So Crompton in his Jurisdictions fol. 131. uses it in these words If a Justice-seat be discontinued by the not coming of the Justices the King may renew it by his Writ And if the Iustices of any Court do not meet at the day and place appointed then the Cause shall be discontinued unto another day as in Cok. lib. 1 fol. 38. So if a man hath an Action in the Court of the Marshalsea and the King removes forth of the Vierge the Pleas shall be discontinued Cok. lib. 10. fol. 73. See more hereof in Litt. lib. 3. cap. 11. and 32 H. 8. cap. 28. which takes away Discontinuances by the husband seised in right of his wife Disgrading DIsgrading or Degrading is when a man having taken upon him a Dignity temporal or spiritual is afterwards thereof deprived be he Knight Clerk or other Whereof if a Clerk be delivered to his Ordinary and cannot clear himself of the Offence whereof he is convicted by the
the Province against any inferiour Ordinary for Delaying Iustice in any Cause Ecclesiastical as to give sentence or to institute a Clerk presented or such like the effect of which is That the Archbishop taking knowledge of such Delay directs his Letters under his authentical Seal to all and singular Clerks of his Province thereby commanding and giving authority to them and every of them to admonish the said Ordinary within nine days to do the Iustice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to alledge the cause of his Delay and lastly to intimate to the said Ordinary that if he performs not the thing injoyned nor appears at the day assigned he himself without other Delay will proceed to perform the Iustice required And it seems to be called a Double Quarel because it is most commonly made against the Iudge and him at whose request Iustice is delayed Dower DOwer by the Law of the Realm is a Portion which a Widow hath of the Lands of her husband which by the Common Law is the third part but by her husbands assignment by his fathers assent at the Church-door she may have so much of his fathers Land as is so assigned and so of the husbands assignment of part of his own Land And Dower by the Custome of some places is to have half the husbands Land Dower is also a Writ that lies where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or fee-Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the husband was sole seised any time during the Coverture by a Writ of Dower unde nihil habet though he died not seised and though he made Alienation thereof in his life But if a man before the Statute of Vses 27 H. 8. had Lands in which another man or other men were seised to his use always during the Coverture and he to whose use they were seised died before the said Statute his wife should not be endowed And if before the said Statute two men were seised of Lands to the use of one of them and he to whose use c. died before the said Statute his wife should not be endowed Also if a woman bring a Writ of Dower she should recover Dammages for the profit run after the death of her husband if he died seised thereof but if any Alienation or Estate were made during the Coverture so that the husband died not seised then though she should recover the Land yet no Dammages Also there is another Writ of Dower called a Writ of Right of Dower which lies where a woman hath recovered part of her Dower in one Town and the other part she is to recover But in divers cases a woman shall not have Dower as if the husband commit Treason for which he is attainted then his wife shall have no Dower And if she elope from her husband with another man in Adultery and be not reconciled to him of her own will without coercion of the Church she shall not be endowed See Lit. l. 1. cap. 4. And note where in the Civil Law Dower is that which the husband hath with his wife in Marriage to maintain the married estate by the Laws of this Realm the word Dower signifies such Portion as the wife after her husbands death shall have to live on Dozeine DOzeine See Deciners Drie Exchange DRie Exchange Anno 3 H. 7. cap. 5. Seems to be a subtile term invented to disguise Vsury in which something is pretended to pass on both sides whereas in truth nothing passes on the one side Drift of the Forest DRift of the Forrest is nothing else but an exact view or Examination taken once twice or oftner in a year as occasion shall require what Beasts there are in the Forrest to the end that the Common in the Forrest be not over-charged that the Beasts of Foreiners that have no Common there be not permitted and that Beasts not commonable may be put out See for this the Statute of 32 H. 8. cap. 35. and Manwoods Forrest Laws cap. 15. Right RIght is where one hath a thing that was taken from another wrongfully as by Disseisin Discontinuance or such like the Challenge or Claim of him that ought to have it is called Right If a woman release all her Right to him in Reversion her Dower is extinct for when the Right which is the foundation and principal is released by Consequence the Action which is but the means to recover is also released By Release of all Title to the Land all his Right is extinct So when a man hath Title either by Condition or by Alienation in Mortmain the Release of all his Right shall extinguish this Title Cok. lib. 8. fol. 151 153. Right of Entry RIght of Entrie is when one seised of Land in fee is thereof disseised now the Disseisee hath Right to enter into the Land and may so do when he will or else may have a Writ of Right against the Disseisor Duces tecum DUces tecum is a Writ out of the Chancery commanding a man to appear there and to bring with him some piece of Evidence or other thing that the Court would have a sight of Dum fuit infra Aetatem DUM fuit infra aetatem is a Writ that lies where an Infant aliens his Land in Fee-simple or for term of life when he comes to his full age he shall have this Writ or he may enter if he will but he must be of full age the day of his Writ brought Also if an Infant alien his Land and die his issue at his full age shall have this Writ or he may enter but the issue shall not have this Writ within his age Dum non fuit compos mentis DUM non fuit compos mentis is a Writ that lies when a man that is out of his wit viz. Mad or Lunatick aliens his Land in Fee-simple and dies then his Heir after his decease shall have this Writ but he himself shall not have it for that a man shall not be received to disable himself Also this Writ may be made in the Per Cui and Post Duplicat DUplicat is a Second Letters Patents granted by the Lord Chancellour in case where he hath granted the same before and therefore they are held void by Crompton in his Jur. of Courts fol. 215. Duresse DUresse is where one is kept in Prison or restrained from his Liberty contrary to the order of Law or threatned to be killed maimed or greatly beaten and if such person so in Prison or in fear of such Threatnings make any Specialty or Obligation by reason of such Imprisonment such a Deed is void in Law and in an Action brought upon such a Specialty he may say it was made by Duresse
of Imprisonment But if a man be arrested upon an Action at the Suit of another though the cause of Action be not good nor true if he make an Obligation to a Stranger being in prison by such Arrest yet it shall not be said by Duresse But if he make an Obligation to him at whose Suit he was arrested to be discharged of such Imprisenment then it shall be said Duresse Duchy IS a Court in the Duchy Chamber of Lancaster at West before the Chancellor del Duchy de Lanc̄ for matters concerning the lands and Franchises of the Duchy and their proceedings are by English bill as in Chancery Co. 4. Inst 204. E. Earlderman EAlderman among the Saxons was as much as Earl among the Danes Camb. Brit. 107. And at this day we call them Aldermen who are Associates to the chief Officer in the Common Council of the Town 34 H. 8. c. 13. And in some places the chief Officer himself is called Alderman Earle EArle See Countee Easement EAsement is a Priviledge that one Neighbour hath of another by Writing or Prescription without profit as a Way or a Sink through his Land or such like Kitch f. 105. Egiptians EGiptians commonly called Gipsies are counterfeit Rogues Welsh or English that disguise themselves in speech and apparel and wander up and down the Country pretending to have skill in telling Fortunes and to deceive the common people but live chiefly by filching and stealing and therefore the Statutes of 1 2 Mar. c. 4. 5 Eliz. c. 20. were made to punish such as Felons if they departed not the Realm or continued so a mouth Ejectione firmae EJectione Firmae Look for that in the Title Quare ejecit infra terminum Ejectment de Gard. Ejectment de Gard. See that in the Title Gards Eigne EIgne is a French word and signifies the Eldest or First-born See Enitia pars Einecia EInecia signifies Eldership Stat. of Ireland Anno 14 H. 3. See Enitia pars Eire Justices EIre Justices or Itinerant as we call them were Iustices that used to ride from place to place throughout the Realm to administer Iustice And these Iustices had authority in ancient times to grant Land that was seised for the King for Alienation without licence for then Iustices in Eire might have granted such Land in fee rendring Rent as Iustices of the Forrest who in effect as to this purpose are Iustices in Eire at this day may of Lands iuclosed within a Forrest without the Kings licence Coke l. 2. fol. 80. Election ELection is when a man is left to his own Free will to take or do one thing or another which he pleases As if A covenants to pay B a pound of Pepper or Saffron before Whitsontide it is at the Election of A at all times before Whitsontide which of them he will pay but if he pays it not before the said Feast then afterward it is at the Election of B of have his Action for which he pleases Dyer f. 18. pl. 104. So if a man gives to another his Horse or Cow the Donee may take the one or the other at his Election But if it be that he will give in the future tense then the Donee cannot take the one nor other for then the Election is in the Donor 21 H. 7. 19. Also if a Iustice of Peace direct his Warrant to a Constable to bring the party apprehended before him or another Iustice it is in the Election of the Constable to go to what Iustice he pleases Coke lib. 5. fol. 59. And so in many other cases Elegit TO hold by Elegit is where a man hath recovered Debt or Dammage by a Writ against another by confession or in other manner he shall have within the year against him a Writ judicial called Elegit to have execution of the half of all his Lands and Chattels except Oxen and Beasts of the plow till the Debt and Dammages be wholly levied and paid him and during this term he is Tenant by Elegit If he be put out within the term he shall have Assise of Novel Disseisin and after a Redisselsin if need be and this is given by the Statute of Wes ◠m. 2. c. 18. And by the equity of the said Statute he that hath this Estate if he be put out shall have Assise and Redisseisin if need be And also if he make his Executors and die and his Executors enter and after are put out they shall have such Action as he himself And if he be put out and after make his Executors and die his Executors may enter and if they be stopped of their Entry they shall have a Writ of Trespasse upon their Case If he do Waste in all the Land or parcel the other shall have against him immediately a Writ judicial out of the first Record called Venire facias ad computandum by which it shall be enquired if he have levied all the money or parcel and if he have not levied the money then it shall be enquired to how much the Waste amounts and if the Waste amount but to parcel then as much of the money as the Waste amounts unto shall be abridged of the aforesaid money which was to be levied But if he have done more Waste then the aforesaid summ of money which was to be levied amounts to the other shall be discharged forthwith of all the said money and shall recover the Land And for the superfluity of the Waste made above the said summ he shall recover his dammages single The same Law is of his Executors and of him that hath his Estate Or if the Debtor be satisfied by digging Coals Load Tyn or oeher casual profits See the Stat. 32 H. 8. c. 5. If all the Lands extended be evicted from the Debtor by a better title he may take a new Execution Co. 4. Rep. 66. If he alien in fee for term of life or in tail all or parcel of the Land which he holds by Elegit if the Alienation be made within the term or after he who hath right shall have against him an Assise of Novel Disseisin And they both must be put in the Assise the Alienor and the Alience and though the Alienor d ◠e presently yet he who hath right shall have Assise against the Alienee alone as if the Alienee had been a plain Tenant for term of years And that is by the equity of the Statute of Westm 2. cap. 25. for that he hath but a Chattel in effect And the same Law is of his Executors and of him who hath his Estate as is aforesaid In Elegit if the Sherif return that the party hath nothing the day of the Recognizance made but that he purchased Lands after the time then the Plaintiff shall have a new Writ to have Execution thereof The same Law is of a Statute-Merchant After a Fieri facias a man may have the Elegit but not contrariwise for that the Elegit is of a higher nature then the
to say the truth And of Estoppels there are divers One for example is when J. S. is bound in Obligation by the name of T. S. or any other name and is sued afterward according to the name in the Obligation now he shall not be received to say that he is misnamed but shall be driven to answer according to the name put in the Obligation that is T. S for peradventure the Obligee did not know his name but by the report of the Obligor himself and inasmuch as he is the same man that was bound he shall be estopped and forbidden in Law to say contrary to his own deed for otherwise he might take advantage of his own wrong which the Law will not suffer a man to do If the daughter who is Heir to her father will sue Livery with her Sister who is a Bastard she shall not afterward be received to say that her Sister is a Bastard insomuch as if her Bastard-sister take half the Land there is no remedy by the Law Also if a man seised of Lands in Fee-simple will take a Lease for years of the same Land of a stranger by Deed indented this is an Estoppel during the term of years and the Lessee is thereby barred to say the truth which is That he that Leased the Land had nothing in it at the time of the Lease made and that the Fee-simple was in the Lessee But this he shall not be received to say till after the years are determined because it appears that he hath an Estate of years and it was his folly to take a Lease of his own Lands and therefore shal thus be punished for his folly Estovers Estovers are Nourishment or Maintenance And Bract. l. 3. tract 2. c. 18. num 1. uses it for such Sustenance as a man taken for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Statute of 6 E 1. c. 3. uses it for an allowance in Meat or Cloth It is also used for certain Allowances of wood to be taken out of another Mans wood Westm 2. c. 15. Anno 13. 1. West part 2. tit Fines sect 26. saith That the name Estovers comprehends House-boot Hedge-boot and Plow-boot as if one hath in his Grant these general words Reasonable Estovers in the Woods c. he may thereby claim those three Estrangers EStrangers are sometimes taken for those that are not Parties or Privies to the levying of a Fine or making of a Deed sometimes those that are born beyond Sea Estray EStray is where any Beast or Cattel is in any Lordship and none knows its Owner then it shall be seised to the use of the King or of the Lord that hath such Estray by the Kings Grant or by Prescription and if the Owner make claim thereto within a year and a day he shall have it again otherwise after the year the property thereof shall be to the Lord provided he make Proclamation of it according to Law Estreat EStreat is a Figure or Resemblance and is commonly used for the Copy or true Note of an Original writing as Estreats of Amerciaments imposed in the Rolls of a Court to be levied by the Balliff or some other Officer of every man that hath offended See F. N. B. 75 76. And so it is used in Westm 2. c. 2. Estrepment EStrepment is a Writ that lies where one is impleaded by a Praecipe quod reddat for certain Land if the Demandant suppose that the Tenant will do Waste depending the Plea he shall have against him this Writ which is a Prohibition commanding him to do no waste depending the Plea And this Writ lies properly where a man demands Lands by Formedon or writ of Right or such writs where he shall not recover Dammages for in such writs where he shall recover Dammages he shall have his Dammages with regard to the waste done Etate probanda ETate probanda is a Writ of Office and it lies for the Heir of the Tenant that held of the King in chief to prove he is of full age directed to the Sheriff to enquire of his age and then he shall become Tenant to the King by the same Services that his Ancestors made to the King But it is said that every one that shall pass in this Enquest shall be of the age of xlii years at least But see the Stat. 12 Car. c. 2. for abolishing the Court of Wards and Liveries c. Evesdroppers EVesdroppers are such as stand under Walls or Windows by night or day to hear news and to carry them to others to make strife and debate amongst their Neighbors those are evil Members in the Common-wealth and therefore by the Stat. of Westm 1. c. 33. are to be punished And this Misdemeanor is presentable and punishable in the Court-Leet Kitch f. 11. Evidence EVidence is generally used for any Proof be it by the Testimony of men or by Writing Sir Tho. Smith l. 2. c. 17. uses it in both senses in these words Evidence is authentical Writings of Contracts according to the manner of England that is written sealed and delivered And l. 2. c. 23. speaking of the Prisoner that stands at the Bar to plead for his life and of those that charge him with Felony thus Then he tells what he can say after him also all those who were at the Apprehension of the Prisoner or who can give any Signs or Tokens which we call in our Language Evidence against the Malefactor Exaction EXaction is a wrong done by an Officer or by one pretending to have authority in demanding or taking any reward or Fee for that matter cause or thing which the Law allows not The difference between Exaction and Extortion is this Extortion is where an Officer demands and extorts a greater Sum or Reward then his just Fee And Exaction is where an Officer or other man demands and wrests a Fee or Reward where no Fee or Reward is due at all See Extortion Exception EXception is a Bar or Stay to an Action and is divided into Exception dilatory and peremptory Of these two see Bracton l. 5. tract 5. and Britton c. 91 92. Exchange EXchange is where a man is seised of certain Land and another is seised of other Land if they by a Deed indented or without Deed if the Lands be in one County exchange their Lands so that each of them shall have other Lands to him so exchanged in fee fee-fee-tail or for term of Life that is called an Exchange and is good without Livery and Seisin In Exchange the Estates to them limited must be egal for if one should have an Estate in fee in his Land and the other an Estate in the other Land but for term of Life or in tail such Exchange is void but if the Estates be egal though the Lands be not of egal value yet the exchange is good Also an exchange of Rent for Land is good And an exchange
time their Reservations were as well in Victuals as Money until at the last and that chiefly in the time of King Henry the First by agreement the reservation of Victuals was turned into ready Money and so hitherto hath continued amongst most men Fate or Fatt FAte or Fatt is a Measure mentioned in the Statutes of 1 H. 5. cap. 10. and 11 H. 6. cap. 8. to contain eight Bushels but the Citzens and Merchants of London as it appears by those Statutes and the Kings Purveyors would have that measure and a Bushel over for one Quarter and so they had nine Bushels for one Quarter of Corn. Faux Imprisonment FAux Imprisonment is a Writ that lies where a man is arrested and restrained from his Liberty by another against the order of the Law then he shall have against him this Writ whereby he shall recover Dammages See more thereof before tit Arrest Faux Judgment FAux Judgment See thereof before tit Error Fealty FEalty is a Service called in Latine Fidelitas and shall be done in this manner viz. The Tenant shall hold his right hand upon a Book and shall say to his Lord I shall be to you faithful and true and shall bear to you Faith for the Lands and Tenements which I claim to hold of you and truly shall do you the Customs and Services that I ought to do to you at the terms assigned So help me God and shall kiss the Book but he shall not kneel as in doing Homage And thereof see after in the Title Homage Also Fealty is incident to all manner of Tenures Fee FEE Feodum is in our Law an equivocal word of divers significations for it is most usually taken for an Estate of Inheritance in Lands and Tenements to one and his Heirs or to one and the Heirs of his Body But it is used also for the Compass Circuit or Extent of a Lordship or Mannor And from thence comes the ordinary Plea in Bar to an Avowry That the Land upon which he avows is out of his Fee And thirdly it is taken for a Reward or Wages given to one for the execu ◠〈◊〉 of his Office as the Fee of a Forrester or the Keeper of a Park or a Sheriffs Fee sor â— erving an Execution lim â—â— s by the Statute of 29 Eliz. cap 4. And it is also taken for that Consideration which is given a Sergeant at Law or a Councellor or a Physitian for their Counsel or Advice in their profession which as it is well observed by Sir Jo. Davies in his Preface to his Reports is not properly Merces but Honorarium Yet in our Law-language it is called his Fee Fee expectant FEE expectant Where Lands are given to a man and his wife in Frank-marriage to have and to hold to them and their heirs in this case they have Fee-simple but if they are given to them and the heirs of their body c. They have Tail and Fee-expectant Kitch fol. 153. Fee Farm FEE Farm is when a Tenant holds of his Lord in Fee-simple paying to him the value of half or of the third fourth or other part of the Land by the year And he that holds by Fee-Farm ought not to pay Relief or do any other thing that is not contained in the Feoffment but Fealty for that belongs to all kind of Tanures Fee-simple FEe-simple is when any person holds Lands or Rent or other thing inheritable to him and his Heirs for evermore and these words His Heirs make the Estate of Inheritance for if the Land be given to a man for ever yet he hath but an Estate for life Also if Tenant in Fee-simple die his first son shall be his Heir but if he have no Son then all his Daughters shall be his Heirs and every one shall have her part by partition but if he have no Son nor Daughter then his next Coufin collateral of the whole Blood shall be his Heir Fel de se FElo de se is he that commits Felony by murthering himself See Crompt Justice of Peace fol. 28. Felony FElony is a general term which comprehends divers hainous Offences for which the Offenders ought to suffer death and lose their Lands And it seems that they are called Felonies of the Latine word Fel which is in English Gall in French Fiel or of the ancient English word Fell or Fierce because they are intended to be done with a fell fierce or mischievous mind When a man without any colour of Law steals the Goods of another amounting to the value of Twelve pence or more that is Larceny but if he approaches the Person of another in the High-way and robs him of his Goods although it be but to the value of one peny it is Felony and that is called Robbery and therefore he shall be hanged Fence-moneth FEnce-moneth is a Forrest word and signifies the time of 31 days in the year that is to say 15 days before Midsummer and 15 days after in which time it is forbidden for any man to hunt in the Forrest or to go into it to disturb the wild Beasts The reason of which is because the Female Deer do then Fawn And therefore this Moneth is called the Fence-moneth or Defence-moneth for that the Deer are then to be defended from scare or fear See Manwood Forrest Laws cap. 13. fol. 90. b. Feodarie FEodarie was an Officer in the Court of Wards appointed by the Master of that Court by virtue of the Statute 32 H. 8. c. 46. to be present with the Escheator in every County at the finding of Offices and to give in evidence for the King as well for the Value as the Tenure And his Office was also to survey the Lands of the Ward after the Office found to return the true value thereof into the Court to assign Dower unto the Kings Widows to receive all the Rents of the Wards Lands within his Circuit and to answer them to the Receiver of the Court But see the Stat. 12 C â— r. 2. c. 24. for Abolishing the said Court Feoffment FEoffment is where a man gives Lands Houses or other Corporal things which are Heritable to another in Fee-simple and thereof delivers Seisin and Possession Also if one make a gift in tail or a lease for life Livery and Seisin must be given or else nothing shall pass by the Grant Feoffor and Feoffee FEoffor is he that infeoffs or makes a Feoffment to another of Lands or Tenements in Fee-simple And Feoffee is he who is infeoffed or to whom the Feoffment is so made Ferdfare FErdfare is to be quit from going to War Flet. lib. 1. c. 47. Ferdwit FErdwit is to be quit of Murther committed in the Army Flet. l. 1. c. 47. Ferry IS a liberty by prescription or the Kings Grant to have a Boat for passage upon a great Stream for Cariage of horses and men for reasonable toll Feude FEude or Deadly Feude is a German word and signifies implacable Hatred not to be
Forestall FOrestall is to be quit of Amerciaments and Cattels arrested within your Land and the Amerciaments thereof coming Founder FOunder is he that uses the Art of Melting or Dissolving Metals and making any thing thereof by casting in Molds He seems to have his name from the Latine word Fundere and is mentioned in the Statute of 17 R. 2. cap. 1. Fourcher FOurcher is a device used to delay the Plaintiff or Demandant in a Suit against two who thereto are not to answer till they both appear and the Appearance or Essoin of one will excuse the others Default at that day and they agree that the one shall be essoined or appear one day and for lack of the Appearance of the other have day over to appear and the other party shall have the same day and at that day the other will appear or be essoined and he that appeared or was essoined before will not then appear because he hoped to have another day by the Adjournment of the party who then appeared or was essoined This is called Fourcher and in some cases the mischief thereby is remedied by the Statute of Gloucest cap. 10. and Westm̄ 1. cap. 42. Franchise FRanchise is a French word and signifies in our Law an Immunity or Exemption from ordinary Iurisdiction as for a Corporation to hold Pleas within themselves to such a value and the like See of this in the Old Nat. Brev. fol. 4. a b. Franchise Royal. FRanchise Royal is where the King grants to one and his Heirs that they shall be quit of Toll or such like Free Almes FRee Almes is where in ancient times Lands were given to an Abbot and his Covent or to a Dean and his Chapter and to their Successors in pure and perpetual Almes without expressing any Service certain this is Frank-almoigne and such are bound before God to make Oraisons and Prayers for the Donor and his Heirs and therefore they do no Fealty and if such as have Lands in Frank-almoigne perform no Prayers nor Divine Service for the Souls of the Donors they shall not be compelled by the Donors to do it but the Donors may complain to the Ordinary praying him that such negligence be no more and the Ordinary of right ought to redress it But if an Abbot c. holds Lands of his Lord for certain Divine Service to be done as to sing every Friday a Mass or do some other thing if such Divine Service be not done the Lord may distrain and in such case the Abbot ought to do Fealty to the Lord and therefore it is not said Tenure in Frank-almoign but Tenure by Divine-Service for none can hold by Frank-almoign if any certain Service be expressed Frank Bank FRank Bank or Free Bench are Copihold-Lands which the Wife being married a Virgin hath after the decease of her husband for her Dower Kitch f. 102. Bract lib. 4. tract 6. cap. 13. num 2. hath these words There is a custom in those parts that the Wives their Husbands being dead should have Frank Bank of Lands of Sockmans and hold it in name of Dower Fitzh calls this a Custome by which in some Cities the Wife shall have all the Lands of her Husband for Dower N. B. fol. 150. See Plow fol. 411. Frank Chase FRank Chase is a Liberty by which all men having Land within this compass are prohibited to cut down the Wood or discover c. without the view of the Forrester although it be his own Crom. Jur. f. 187. Frank Fee TO hold in Frank Fee is to hold in Fee-simple Lands pleadable at the Common Law and not in ancient Demesne Frank Law FRank Law See Crom. Just of Peace f. 151. where you may find what this is by the contrary for he that for an Offence as Conspiracy loses his Frank Law is said to fall into these Mischiefs First that he shall never be Impanelled upon any Iury or Assize or otherwise used in saying any Truth Also if he have any thing to do in the Kings Court he shall not approach thither in person but must appoint his Attourney 3 His Lands Goods and Chattels are to be seised into the Kings hands and his Lands must be estrepped his Trees rooted up and his Body committed to prison Free Marriage FRee Marriage is when a man seised of Land in Fee-simple gives it to another man and his wife who is the daughter sister or otherwise of kin to the Donor in Free Marriage by virtue of which wards they have an Estate in special tail and shall hold the Land of the Donor quit of all manner of Services until the fourth degree be past accounting themselves in the first degree except Fealty which they shall do because it is incident to all Tenures saving Free alms And such Gift may be made as well after Marriage solemnized as before And a man may give Lands to his Soir in Free Marriage as well as to his Daughter by the opinion of Fitzh in his Writ of Champertie H. But it appears otherwise in Littleton and in Broke tit Frank-marriage pla 10. And so it was holden clear in Grays-Inne in Lent an 1576. 18 Eliz. by M. Rhodes then Reader there Frank-plege FRank-plege signifies a Pledge or Surety for Free-men according to the ancient Custom of England for preservation of the publick Peace See the Statute for View of Frank-pledge Anno 18 Ed. 2. and see View of Frank-pledge Free-hold FRee-hold is an Estate that a man hath in Lands or Tenements or Profit to be taken in Fee-simple Tail for term of his own or anothers life in Dower or by the Courtesse of England and under that there is no Free-hold for he that hath Estate for years or holds at will hath no Free-hōld but they are called Chatels And of Free-holds there are two sorts viz. Free-hold in Deed and Free-hold in Law Free-hold in Deed is when a man hath entred into Lands or Tenements and is seised thereof really and actually As if the Father seised of Lands or Teuements in Fee-simple dies and his son enters into the same as heir to his Father then he hath a Free-hold in Deed by his Entry Free-hold in Law is when Lands or Tenements are discended to a man and he may enter into them when he will but hath not yet made his Entry in Deed As in the case aforesaid if the Father being seised of Lands in Fee die seised and they discend to his Son but the Son hath not entred into them in Deed now befo rt his Entry he hath a Free-hold in Law French-man FRench-man was wont to be used for every Outlandish-man Bracton Lib. 3. Tract 2. cap. 15. See Engleshery Frendless man FRendless man was the old Saxon word for him we call an Outlaw nam forisfecit Amcos suos Bracton Lib. 3. Tract 2. cap. 12. Fresh Force FResh Force Frisca Forcia is a force committed in any City or Borough as by Disseisin Abatement Intrusion or Deforcement of any Lands or
only But the Gardian in Socage hath the profit only to the use of the Heir until he accomplish the age of 14 years and must yield therefore an account to the Heir See more hereof Littleton lib. 2. cap. 4 5. and Stamford upon the Statute of Prerogat cap. 1 2 6. Church-wardens CHurch-wardens are Officers chosen in every Parish to have the care and custody of the Church Goods and they may have an Action for the Goods of the Church and divers other things they may do for the benefit of the Church and by the Statute of 43 Eliz. cap. 2. they are to joyn with the Overseers for the making of Rates and other Provisions for the Poor of the Parish Gardian of the Spiritualties GArdian of the Spiritualties by the general Law is the Dean and Chapter of the Diocess unless there be a Custom that the Arch-bishop of the Province should be the Gardein sede vacante His office is to hold Courts prove Wills grant Administrations and supply the Bishops room Garnishment GArnishment If an Action of Detinue of Charters be brought against one and the Defendant saith that the Charters were delivered to him by the Plaintiff and by another upon certain Conditions and prays That the other may be warned to plead with the Plaintiff if the Conditions be performed or no and thereupon a Writ of Scire facias shall go forth against him this is called Garnishment and the other when he comes shall plead with the Plaintiff and that is called Enterpleader Garranty GArranty is when one is bound to another who hath Land to warrant the same to him which may be two ways that is by Deed of Law As if one and his Ancestors hath held Land of another and his Ancestors time out of mind by Homage which is called Homage Auncestrel Or by Deed of the party who grants by Deed or Fine to the Tenant of the Land to Warrant it to him upon which if the Tenant be impleaded by him who ought to warrant or his Heirs the Tenant shall bar the Demandant by pleading the Warranty against him which is called Rebutter or if he be impleaded by another in an Action wherein he may vouch he shall vouch him who warranted or his Heirs and if the Plaintiff recover the Tenant shall recover in value against the Voucher Garranty is of three sorts that is Garranty Lineal Garranty Collateral and Garranty that begins by Disseisin Warranty Lineal is where a man seised in fee or in tail makes a Feoffment to another and binds him and his heirs to Warranty and hath issue a son and dies and the warranty disceuds to his son For if no Deed with Warranty had been made then the right of the Lands should have discended to the son as heir to his father and he shall convey the Discent from the father to the son But if Tenant in tail discontinues the tail and hath issue and dies and the Vncle of the Issue releases to the Discontinuee with Warranty c. and dies without issue this is a Collateral Warranty to issue in tail for that the Warranty discends upon the Issue who may not convey himself to the tail by mean of his Vncle. And in every Case where a man demands Lands in fee-Fee-tail by Writ of Formedon if any Ancestor of the Issue in tail makes a Warranty and he that sues a Writ of Formedon by possibility of matter that may be done conveys to him Title by force of his Gift that made the Warranty c. that is then a Lineal Warranty whereby the Issue in tail shall not be barred except he have Assets to him discended in Fee-simple But if he may not by any possibility convey to him Title by force of his Gift that made the warranty then that is a Collateral Warranty and thereby the Issue in tail shall be barred without any Assets And the cause that such a Collateral Warranty is a Bar to the Issue in the tail is for that all Warranties before the Statute of Gloucester which discended to those who are Heirs to the warrantors were Bars to the same Heirs to demand any Lands except the warranties that began by Disseisin and for that the said Statute hath ordained That the warranty of the Father shall be no Bar to his Son for the Lands which come by the Heritage of the Mother nor the Warranty of the Mother shall be no Bar to the Son for the Lands which come by the Heritage of the Father and neither the Stat. 11 H. 7. cap. 20. nor any other Statute hath ordained any remedy against any other Collateral Warranty therefore such Warranty is yet in force and shall be a bar to the Issue in tail as it was before the Statute And it behoves that every Warranty whereby the Heir shall be barred discend by course of the Common Law to him who is Heir to the Warrantor else it shall be no Bar for if the Tenant in Tail of Lands in Borough English where the youngest son shall Inherit by the Custome discontinues the tail and hath Issue two sons and the Vncle releases to the Discontinuee with Warranty and dies and the younger Son brings a Formedon yet he shall not be barred by such Warranty causa qua supra And if any man make a Deed with Warranty whereby his Heir should be barred and after the Warrantor be attaint of Felony his Heir shall not be barred by such Warranty for that such Warranty cannot discend upon him the blood being corrupt Warranty beginning by Disfeisin is if the son purchase Lands and let them to his Father for years and the Father by the Deed infeoffs a stranger and binds him and his Heirs to Warranty and the Father dies whereby the warranty discends to the son yet this warranty shall not bar the son but the son may well enter notwithstanding because this Warranty began by Disseisin when the Father made the Feoffment which was a Disseisin to the son And as it is said of the Father so it may be said of every other Ancestor And the same Law is if the Ancestor be Tenant by Elegit or by Statute-Merchant and make a Feoffment with warranty such Warranties shall be no Bars because they begin by Disseisin Garranty of Charters GArranty of Charters is a Writ that lies where any Deed is made that comprehends a clause of Warranty that is to say Dedi or Concessi or this word Warrantizabo and if the Tenant be impleaded by a Stranger in Assise or such Action where he may not vouch to warranty then he shall hate this Writ against his Feoffor or his Heir and if the Land be recovered against him he shall recover as much Land in value against him that made the Warranty But this Writ ought to be sued depending the first Writ against him else he hath lost his advantage Also upon a Warranty in the Law as upon Homage auncestrel or upon Rent reserved upon a Lease for Life or a
See Yard-land Viscount VIscount is either the name of a degree or State of Honour under an Earl and above a Baron or else the name of a Magistrate and an Officer of great Authority whom we commonly call Sheriff or to speak more truly Shire reve and was at the first called Shire gereve that is the Keeper of the Shire or the Reeve or Ruler of the Shire for Gereve is derived of the Saxon word Gerefa i. a Ruler And hereof comes Portreve or Portgreve a name in old time given to the head Officer of a Town and signifies the Ruler of the Town for that Port coming of the Latine word Portus signifies a Port-town and Greve being derived as aforesaid signifies a Ruler so that Portgreve or as we now shorter speak a Portreve is the Ruler of the Town And thus was the Head Officer or Governor of the City of London long since before they had the name of Mijor or Bayliffs called as it doth appear in divers old Menuments but chiefly in the Saxon Charter of William the Conquerour which begins thus William the King greeteh William the Bishop and Godfrey the Portreve and also the Citizens that in London be c. So also they of Germany from whom we and our Language first came call one Governor Burgreeve another Margreeve and another Lansgreeve with such like c. Thus much is said only to shew the right Etymon and Antiquity of the word Sheriff to which Officer our Common Law hath always given so great Trust and Authority as to be a special Preserver of the Peace And therefore all Obligations that he takes to that end are Recognisances in Law He is a Iudge of Record when he holds the Leets or Turns which are Courts of Record Also he hath the Execution and Return of Writs and impannelling of Iuries and such like c. Uncore prist UNcore prist is a Plea for the Defendant in Debt upon an Obligation who being sued because he did not pay the Debt at the day pleads to save the Forfeiture that he rendred the money at the day and place and that no Body was there to receive it and says over That he is yet ready to pay it And where a man ought to plead over that he is yet ready and where not see in Perkins sect 783 784. Coke 9 book fol. 79. a b in Peyto's Case Volunt VOlunt is when the Tenant holds at the Will of the Lessor or Lord and that is in two manners One is when I make a Lease to a man of Lands to hold at my Will then I may put him out at my pleasure but if he sow the Ground and I put him out then he shall have his Corn with egress and regress till it be ripe to cut and carry it out of the ground Such Tenant at Will is not bound to sustain and repair the House as Tenant for years is But if he make wilful waste the Lessor shall have against him an Action of Trespass Also there is another Tenant at Will of the Lord by Copy of Court-Roll according to the Custome of the Mannor and such a Tenant may surrender the Land into the hands of the Lord according to the Custom to the use of another for Life in fee or in tail and then he shall take the Land of the Lord or his Steward by Copy and shall make Fine to the Lord. But if the Lord put out such a Tenant he hath no remedy but to sue by Petition And if such a Tenant will implead another of the Lands c. he ought to enter a Plaint in the Court and shall declare in the nature of what Writ he will as the case lies Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man and another ought to warrant the Land to the Tenant then the Tenant shall vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by which he may be summoned then there shall go forth a Writ called Sequatur sub suo periculo And when he comes he shall plead with the Demandant And if he come not or if he come and cannot bar the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad Valentiam against the Vouchee See more of Voucher before in the Title of Garranty Uses USes of Land had beginning after the Custom of Property began amongst men as where one being seised of Lands in Fee-simple made a Feoffment to another without any Consideration but only meaning that the other should be seised to his Use and that he himself would take the Profits of the Lands and that the feoffee should have the Possession and Franktenement thereof to the same use c. Now after this upon good Considerations and to avoid divers Mischiefs and Inconveniences was the Statute of An. 27 H. 8. c. 10. provided which unites the Use and possession together so that he who hath the Use of the Land hath the Possession thereof according to the Vse he hath therein by virtue of that Statute Usurpation USurpation is most commonly used when any one presents a Rector or Vicar to a Church without a good Title Stat. Westm 2. cap. 5. Co. 6. Rep. 51. 11 Rep. 33. Usury USury is a Gain of any thing above the Principal or that which was lent exacted only in Consideration of the Loan be it as well Corn Meat Apparel Wares or such like as Money And here much might be said and many Cases put concerning Vsury which of purpose I omit only I wish they who account themselves Religious and good Christians would not deceive themselves by colour of the Statute of Usury because the Statute saith that it shall not be lawful for any to take above xi pound in the C. l. for a year c. whereby they gather though falsly that they may therefore take six pounds for the Loan of an Hundred pounds with a good Conscience because the Statute doth after a sort dispense with it because it doth not punish such taking For God will have his Decrees to be kept inviolable who saith Lend looking for nothing thereby c. by which words is excluded either the taking of vi l. v. l. yea or one peny above the Principal But rather let such think that Statute was moved upon like cause that moved Moses to give a Bill of Divorce to the Israelites as namely to avoid a greater mischief and for the hardness of their hearts And the Statute of 21 Jac. cap. 17. hath expresly Ordained That no word in that Law shall be Construed and Expounded to allow the practice of Vsury in point of Religion or Conscience By the Statute of 13 Eliz. c. 8. the Loan of Money was at 10 l. per Cent. by
the Book of Entries fo 63 c. 205. d. 519. c. where this word Abatement is called in Latin Intrusio And I think it better to call it in Latin Interpositio ot Intratio per interpos â— ionem make a difference between this word and Intrusio after the death of the Tenant for life Abbot ABbot was the sovereign head or Chief of those Houses which when they stood were called Abbies and this Abbot with the Monks of the same House who were called the Covent made a Corporation Such a Sovereign of any such House shall not be charged by the Act of his Predecessor if it be not by common Seal nor for such things which come to the use of his House Also an Abbot shall not be charged for the debt of his Monk before his entry in Religion though the Creditor have an especialty thereof except it have come to the use of his House but the Executors of the Monk shall be charged therewith Look for this in the Abridgements the same Title under which you shall see that some of them were elective some presentative and how they were made Governours and their Authority And in this Title are also comprehended all other Corporations Spiritual as Prior and his Covent Friers and Canons Dean and Chapter Abettors ABettors are in divers Cases diversly taken One Kind of Abettors are they that maliciously without just cause or desert do procure others to sue false Appeals of Murther or Felony against men to the intent to trouble and grieve them and to bring them to infamy and slander Abettors in Murthers are those that command or procure counsel or comfort others to Murther And in some case Abettors shall be taken as Principals and in some case but as Accessories So in other Felonies And their presence at the deed doing and their absence makes a difference in the case There are Abettors also in Treason but they are as Principals for in Treason there are no Accessories See more in the Book called Pleas of the Crown made by the Reverend Judge Sir W. Stamford in the Titles of Accessories and Dammages in Appeal Abeyance ABeyance is when a Lease is made for term of life the Remainder to the right Heirs of J. S. who is living at the time of the Grant now by this Grant the Remainder passes from the Grantor presently yet it vests not presently nor takes hold in the Grantee that is the right Heir of J. S. but is said to be in Abeyance or as the Logicians term it in posle or in understanding and as we say in the Clouds that is in the Consideration of the Law That if J. S. die having a right Heir and living the Lessee for life then this is a good Remainder and now vests and comes to the right Heir in such sort as that he may grant forfeit or otherwise dispose the same and ceases to be any more in Abeyance for that there is one now of ability to take it because J. S. is dead and hath left a right Heir in life which could not be living J. S. for that during his life none could properly be said to be his Heir Also if a man be Patron of a Church and presents one to the same now the Fee of the Lands and Tenements pertaining to the Rectory is in the Parson But if the Parson die and the Church become void then is the Fee in Abeyance until there be a new Parson presented admitted and inducted for the Patron hath not the Fee but only the right to present and the Fee is in the Incumbent that is presented and after his death it is in no body but in Abeyance till there be a new Incumbent as is aforesaid See Litt. Lib. 3 cap. 11. fo 145. and Perkins fol. 12. Abishersing ABishersing and in some Copies Mishersing is to be quit of Amerciaments before whomsoever of Transgression proved Abjuration ABjuration is an Oath that a Man or Woman shall take when they have committed Felony and fly to the Church or Church-yard or to any other place priviledged for safeguard or their lives chusing rather perpetual Banishment out of the Realm than to stand to the Law and be tryed for the Felony In which Case before the Coroner he shall make such Confession which may make a sufficient Indictment of Felony Then the Coroner at the Common Law shall make him forswear the Realm and assign to him what Port he shall go and shall swear him that he go not out of the High way and that he abide not at the Port if he may have good passage above one flood and one ebb and if he cannot have Passage then he shall go every day during xl days in the Sea to the knees But if such a Felon as abjures goes out of the High way and flies to another place if he be taken he shall be brought before the Iudge and there shall have Iudgment to be hanged And if he who so prays the privilege will not abjure then he shall have the priviledge for xl days and every man may give him meat and drink And if any give him sustenance after xl days although it be his Wife such giving is Felony Also he that doth abjure shall be delivered from one Constable to another and from one Franchise to another till he come to his Port and if the Constable will not receive him he shall be grievously amerced See the Oath in the Treatise De abjuratione Latronum This Law was instituted by S. Edward the Confessor a King of this Realm before the Conquest and was grounded upon the Law of mercy and for the Love and Reverence he and others his Successors did bear unto the House of God or place of Prayer and Administration of his Word and Sacraments which we call the Church Note this Law is now changed by the Statutes 21 H 8. cap. 2. 22 H. 8. cap. 14. and 32 H. 8. cap. 12. by which it appears that he at this day shall not abjure the Realm but all his Liberty of this Realm and all his liberal and free habitations resorts and passages from all places of this Realm to one certain place in this Realm thereto limited by 32 H. 8. cap. 13. and 33 H. 8. c. 15. See more in Stamf. li. 2. c. 10. and see the Statutes 1 Jac. c. 25. and 21 Jac. c. 28. for the repeal of all Statutes concerning Abjured persons and the taking away of all Sanctuaries See the Statutes of 35 El. chap. 12. for the Abjuration of Recusants and Stat. 1 Jac. c. 25. Abridgement of a Plaint or Demand ABridgement of a Plaint or Demand is where one brings an Assise Writ of Dower Writ of ward or such like in which cases for that the Writ of Assise is de libero tenemento as in a Writ of Dower the Writ is Rationabilem dotem quae contingit de libero tenemento W. her husband and in a Writ of ward the Writ is Custo â— terrarum
by Service to pay to his Lord yearly at such a Feast an Horse an Hawk a Rose a Cherry or such like there if the Lord purchase parcel of the land this Service is gone absolutely because an Horse an Hawk a Rose a Cherry and such other cannot be divided or apportioned without damage to the whole In some cases Rent-charge shall be apportioned as if a man hath a Rent-charge issuing out of Land and his Father purchases parcel of the Lands 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 a common right and severable and although 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. Appropriations APpropriations were when those Houses of Religion and those religious persons as Abbots Priors and such like had the Advowson of any Parsonage to them and their Successors and obtained licence of the Pope Ordinary and King that they themselves and their Successors from thenceforth should be Parsons there and that it should be from thanceforth a Vicarage and the Vicar should serve the Cure And so at the beginning Appropriations were made only to those persons Spiritual that could administer the Sacraments and say divine Service as Abbots Priors Deans and such like After by little and little they were enlarged and made to others as namely to a Dean and Chapter which is a Body corporate consssting of many which Body together could not say divine Service and which was more to Nuns that were Prioresses of some Nunnery which was a wicked thing in regard that they could neither administer Sacraments nor preach nor say divine Service to the Parishioners And all this was upon pretence of Hospitality and maintenance thereof And to supply these defects a Vicar was devised who should be Deputy to the Priors or to the Dean and Chapter and also at the last to the said Abbots and others to say divine Service and should have for his labour but a little portion and they to whom the Appropriations were made should retain the greater revenues and they did nothing for it by means whereof Hospitality decayed in the place where it ought to have been chiefly maintained namely in the Parish where the Benefice was and where the profits grew and so it continues to this day if not worse since not only Friers and Nuns but Lay-men and seculer women are possessed of them to the great hinderance of Learning impoverishment of the Ministry and infamy of the Gospel and professors thereof The Vicar shall have a certain portion of the Benefice and the Abbot and the Covent shall be Parsons and shall have the other profits This is called Appropriation and then the Abbot and Covent shall be Parsons emparsonees but such Appropriation may not be made to begin in the life of the Parson without his assent And after the Church was appropriated then was it an incident inseparable to the House of Religion to which it was so appropriated And therefore where the Lands of the Templars in England were given by the general words of an Act of Parliament of 17 E. 2. to the Hospitallers it was adjudged That the Hospitaliers by the said Act should not have the Appropriation for it was inseparably annexed to the Corporation of the Templars which thing consisting in an inseparable privity by the general words of an Act of Parliament shall not be transferred to others Coke lib. 7. fol. 13. a. But if such Advowsons of the Parsonage be recovered by ancient Title then the Appropriation is adnulled And it is called Appropriation for that they hold the profits to their own proper use Approvement APprovement is where a man hath Common in the Lords waste ground and the Lord incloses part of the Waste for himself leaving nevertheless sufficient Common with egress and regress for the Commâ—ners This inclosing is called Approvement See Reg. Jud. fol. 8 9. Approver APprover or Appellor is he who hath committed some Felony which he confesses and now appeals or approves that is accuses others who were Coadjuters or Helpers with him in doing the same or other Felonies which thing he will approve And this proof is to be either by Battel or by the Countrey at his election that appealed This accusation is often done defore the Coroner who either is assigned to the Felon by the Court to take and record that which he saith or is called by the Felon himself and required for the good of the Prince and Common wealth to record that which he shall say The Oath of the Approver when he begins the combate as also the Proclamation by the Heraulds appear in Crompt pag. ult If a man of good fame be appealed by an Approver by which he is taken and kept in prison yet he may have a Writ to be directed to the Sheriff commanding him to suffer the party appealed to be bailed by good Sureties But if a man appealed by an Approver be kept in prison and afterwards the Approver dies there he may sue a Writ directed to the Sheriff to suffer him to be bailed upon good Surety if he be not a notorious Felon although he be not of good fame Fitz. N. B. 250. d. The Kings Approvers THE Kings Approvers are those that have the letting of the Kings Demeans in small Mannors for the Kings greater advantage And for such Approvers you may read in the Stat. 2 E. 3. c. 12. that they were men s â— nt into divers Countries to increase the Farms of Hundreds and Wapentakes And you may see in the Statute made in 1 E. 3. c. 8. that the Sheriffs call themselves the Kings Approvers Arbitrement ARbitrement is an award Determination or Iudgement which one or more makes at the request of two parties at the least for and upon some Debt Trespass or other Controversie had between them And this is called in Latin Arbitratus and Arbitrium and they tha â— make the Award or Arbitrement are called Arbitri in English Arbitrators To every Arbitrement five things are incident sc Matter of Controversie Submission Parties to the Submission Arbitrors and giving up of the Arbitrement Dyer 217. pl. 62. If the Arbitrement be made that the one party shall go quit of all Actions which the other hath against him and nothing is said of the Actions which he hath against the other this Arbitrement is void because it was made of the one part and not of the other 7 H. 6. ca. 40. When a Submission to an Arbitrement is general of all Actions c. and the Arbitrator makes an Award only of one
yet this may well stand with the generality of the words that there was but one Cause depending between them for A generality implies no certainty And if the Arbitrement should be for this avoided then many Arbitrements might be avoided for the one might conceal a Trespass done or other cause of Action given him and so avoid the Arbitrement Also no party to any Arbitrement shall be by it bound unless the Award be delivered unto him as it is in Co. lib. 5. f. 103. See Co. l. 8. fol. 98. Arches ARches or the Court of the Arches is the chief and most ancient Consistory belonging unto the Archbishop of Canterb. and it is called from the Arches of the Church where the Court is kept namely Bow-Church in London And of this Cour â— mention is made in Stat. 24 H. 8. cap. 12. touching Appeals Arms. ARms in the understanding of the Law is extended to any thing that a man in his anger or fury takes into his hand to cast at or strike another Cromp. Justice of Peace fol. 65. a. Array ARray is the taking or ordering a Iury or Enquest of men that are impannelled upon any cause 18 H. 6. cap. 14. from whence comes the Verb to array a pannel Old N. B. f. 157. that is to set forth one by another the men that are impannelled The Array shall be quashed ibid. By Statute every Array in Assise ought to be made four dayes before Brook tit Pannel num 10. To challenge the Array Kitch 92. Arrain ARrain is to put a thing in order or in his place As one is said to arrain an Assise of Novel Disseisin in the County in which it ought to be brought for trial before the Iustices of that Circuit Old N. B. fol. 109. And in such sense Litt. hath used the same word The Lessee attains an Assese of Novel Disseisin Also a prisoner is said to be arraigned when he is indicted and put to his trial Arrerages ARrerages are Duties behind unpaid after the days and times in which they were due and ought to have been paid whether they be Rents of a Manor or any other thing reserved Arrest ARrest is when one is taken and restrained for his liberty None shall be arrested for Debt Trespass Detinue or other cause of Action but by virtue of a precept or commandment out of some Court But for Treason Felony or breaking of the Peace every man hath authority to arrest without warrant or Precept And where one shall be arrested for Felony it behoves that some Felony be done and that he be suspected of the same Felony or otherwise he may have against him that did so arrest him a Writ of False imprisonment And when any man shall be arrested for Felony he shall be brought to the Goal there to abide till the next Sessions to be indicted or delivered by Proclamation Arretted ARretted is he that is convented before any Iudge and charged with a crime Sometimes it is used for imputed or laid unto As no folly can be arretted to him that is within age Lit. cap. Remit This word may come of the Latiu word Rectus for Bacton hath this Phrase Ad rectum habere malefactorem so that he may be charged and put to his trial And in another place he saith Rectarus de morte hominis Assach ASsach seems to be a Brittish word and to signifie a strange kind of Excuse or Purgation by the Oaths of 300. men Anno 1 H. 5. cap. 5. Assart ASsart is an offence committed in the Forest by pulling up by the Roots the Woods which are thickets or coverts of the Forest and by making them as plain as the arable Land This Assart of the Forest is the greatest offence or trespass that can be done in the Forest to Vert or Venison containing in it Waste or more For where Waste of the Forest is nothing but the felling and cutting down of the Covert wood which may in time grow again an Assart is a pulling up by the root by which they can never grow again Man part 2. c. 9. num 1. A writ of Ad quod damnum may be awarded where a man will sue licence to assart his Land within the Forest and make it several for Tillage so that it is no offence if it be done by licence Regist orig fol. 257. Assault ASsault from the French Assaillir signifies a violent kind of injury offered to a mans person of a more large extent than Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib. 1. cap. 3. Assayer ASsayer is an Officer of the Mint appointed by the Stat. of 2 H. 6. c. 12. to be present at the taking in of the Bullion as a party indifferent between the Master of the Mint and the Merchant to set the true value of the Bullion according to the Law Assets ASsets is in two sorts the one called Assets per discent the other Assets enter maines Assets â— discent is where a man is bound in an Obligation and dies secised of Lands in Fee-simple which descend to his Heir then his land shall be called Assets that is enough or sufficient to pay the same debt and by that means the Heir shall be charged as far as the Land so to him descended will stretch But if he have aliened before the Obligation be put in Suit he is discharged Also when a man seised of lands in tail or in the right of his wife aliens the same with warranty and hath in value as much Lands in Fee-simple which descends to his Heir who is also Heir in Tail or Heir to the woman now if the Heir after the decease of his Ancestor bring a Writ of Formedon or Sur cui in vita for the land so aliened then he shall be barred by reason of the Warranty and the land so descended which is as much in value as that which was sold and so thereby he hath received no prejudice Therefore this Land is called Assets per discent Assets enter maines is when a man indebted as before is said makes Executors and leaves them sufficient to pay or some commodity or profit is come unto them in right of their Testator this is called Assets in their hands Assignee ASsignee is he to whom a thing is appointed or assigned to be used paid or done and is always such a person who occupres or hath the thing so assigned in his own right and for himself And of Assignees there are two sorts namely Assignee in Deed and Assignee in Law Assignee in Deed is when a Lease is granted to a man and his Assignees or without that word Assignees and the Grantee gives grants or sells the same Lease to another he is his Assignee in Deed. Assignee in Law is every Executor named by the Testator in his Testament As if a Lease be made to a man and his Assignees as is aforesaid and he makes his Executors and dies without assignment of the
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple fee-Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
between his Neighbours See more of this Co. lib. 8. fol. 36 37. Barter BArter seems to come of the French word Barater which signifies to circumvent and this word is used with us for the Exchange of Wares for Wares and it is mentioned in the Statutes of 1 R. 3. cap. 9. 13 Eliz. cap. 7. Base fee. TO hold in Fee Base is to hold at the will of the Lord. And a Base Fee is also where any hath an Estate in Land so long as another shall have Heirs of his body of which Estate see Plow in Walsingham's Case fol. 557. a. Bastard BAstard is he that is born of any woman not married so that his Father is not known by order of Law and therefore is reputed the Child of the People When special Bastardy is alledged it shall be tried by the Country and not by the Bishop But generally Bastardy alledged shall be tried by Certificate of the Bishop And if a Woman be great with child by her husband who dies and she takes another husband and after the Child is born this child shall be esteemed the child of the first husband But if she were privily with child at the time of the death of her first husband then it shall be reputed the Child of the second Husband But enquire farther and see the opinion of Thorp 21 E. 3. 39. Also if a man take a Wife who is great with child by another who was not her husband and after the child is born within the Espousals then it shall be deemed the child of the Husband though it were born but one day after the Espousals solemnized Baston BAston is a French word and signifies a Staff but in our Satutes it is taken for one of the Warden of the Fleet 's men that attends the King's Courts with a painted Staff for the taking of such to ward as are committed by the Court and for the attending upon such prisoners as go at large by Licence And so it is used in the Statutes 1 R. 2. ca. 12. 5 Eliz. cap. 23. Battail BAttail is an ancient Trial in our Law which the Defendant in Appeal of Murther Robbery or Felony may chuse that is to sight with the Appellant for proof whether he be culpable of the Felony or not which Combat if it fall out so well on the part of the Defendant that he doth vanquish the Appellant he shall go quit and barr him of his Appeal for ever But if one be indicted of Felony and an Appeal is brought upon the same Indictment there the Defendant shall not wage Battail Battail also may be in a Writ of Right as in Paramour's Case Dyer 301. pla 41 42. where the Champions chosen and the Battail awarded and the Champions were by Sureties and Oath to perform the Battel at Totchil in Westminster but by default of appearance in the Demandant nothing was done therein Batterie BAtterie is an Act that tends to the breach of the peace of the Realm as when a man assaults and beats another this is against the Law and peace of the Realm which ordeins That no man shall be his own Iudge or Revenger of his own private wrong but shall leave this to the censure of the Law which is always ready to hear and redress the rightfull and just complaints of every man wherefore he that is so beaten may either indict the other party who upon it shall be fined to the King or have his Action of Trespass of assault and Battery against him for every Battery implies an assault and recover so much in costs and damages as the Iury will give him by their Verdict and the Defendant shall upon the Indictment be fined to the King and the Action of Trespass will lie as well before as after the Indiment But if the Plaintiff in such action makes the first assault then the Defendant shall go quit and the Plaintiff shall be amerced to the King for his false Suit And it is to be observed that the Record of the Conviction of the party by Indictment may serve for Evidence in the action of Trespass brought upon the same assault battery But notwithstanding that the party shall have a twofold punishment for such offence that is shall be punished to the King and to the party yet some there are who in respect of their natural and others who in respect of their civil power and authrority over others in a reasonable and moderate manner may chastise correct and beat them as the Parents their child the Master his Servant or Apprentice the Goaler or his Servant the unruly Prisoners the Officer him that is arrested and will not otherwise obey Also a man may justifie the beating another in defence of his own person or of the person of his Wife Father Mother or Master And a man may justifie the beating of another in defence of his goods and in maintenance of Iustice But it is to be noted That in these cases if a man be not urged and constrained by a necessary cause he cannot justifie the deed Beacons and Sea-marks ARE Fires maintained on the coasts of the Seas to prevent Shipwracks and Invasions Co. 4. Inst 148. ordered by the Kings Commissioners Bedell BEdell is derived from the French word Bedeau which significes a messenger or an Apparitor of a Court that cites men to the Court to appear and answer And Manw. c. 23. f. 221. a. says That a Bedell of a Forest is an Officer that goes through all the Forest like a Sheriffs special Bailiff Is also a Collector of Rents for the King Plo. Com. 199 200. Benefice BEnefice Beneficium is generally taken for any Ecclesiastical Living be it Dignity or other as An. 13 R. 2. Stat. 2. c. 2. where Benefices are divided into elective and of gift Besaile BEsaile is a Writ that lies for the Heir where his Great-grand-father was seised the day that he died or died seised of land in Fee-simple and a Stranger enters the day of the death of the Great-grand-father or abates after his death the Heir shall have his Writ against such a Disseisor or Abator of which see Fitzh N. B. 221. d. Bewpleader BEwpleader is a Writ upon the Statute of Marlebridge and lies where the Sheriff or other Bailiff in his Court will take a Fine of the party Plaintiff or Defendant to the end that he shall not plead fairly c. And the Writ shall be directed to the Sheriff himself or to the Bailiff or him that will demand this Fine it is as a Prohibition to him commanding him that he shall not demand such a Fine and may be sued by all the Hundred or by all the County as it seems where he will demand such manner of Fine of them Fitzh N. B. 270. a. Bigamie BIgamie was a Counterplea objected when the Prisoner demanded the Benefit of the Clergie to wit his Book as namely that he who demands the priviledge of the Clergie was married to such a
a Park in this that it is not inclosed and hath not only a larger compasse and more store of Game but of Keepers also and Overseers See Forest Chatels CHatels See Catals Chauntry CHauntry is a Church or Chappel indued with lands or other yearly revenues for the maintenance of one or more Priests to sing Mass daily for the Souls of the Donors and such others as they appoint And of these you may read in the Statutes made 37 H. 8. c. 4. 1 E. 6. cap. 14. Chevage CHevage is a summe of money paid by Villains to their Lords in acknowledgement of their Slavery which Bracton lib. 1. cap. 10. thus defines Chevagium dicitur recognitio in signum subjectionis dominil de capre suo It seems also to be used for a sum of money given by one man to another of power and might for his avowment maintenance and protection as to their head and Leader Lambert writes it Chivage or rather Chiefage Chievisance CHevisance comes from the French word Chevir that is to come to the end or Head of a business And because the perfecting of a Bargaine is the drawing of the matter to the head this word Chevisance is used for Bargaining in the Statutes of 37 H. 8. cap. 9. 13 Eliz cap. 7 8. Childwit CHildwit that is that you may take a Fine of your Bondwoman defiled and gotten with Child without your licence Chimin CHimin is the High-way where every man goes which is called Via Regia and yet the King hath no other thing there but the passage for him and his people for the Free-hold is in the Lord of the Soile and the Profits growing there as Trees and other things And it is divided into two sorts the King's way of which is spoken before and a private Way or private Passage and this is the Way by which one man or more have liberty to pass either by prescription or by writing through the land of another And this is divided into a way in gross and a Way appendant Kitch fol. 177. Chimin in gross is that Way which a man holds principally and solely in it self Chimin appendant is that which a man hath adjoyned to some other thing as appertaining thereunto for example if a man hires a Close or Pasture and hath a Covenant for ingress and egress to and from the said Close through the ground of some other through which otherwise he might not pass Or a Way in gross may he that which the Civilians call Personal as when one covenants for a Way through the ground of another man for himself and his heirs A way appendant on the other side may be that which they call Real as when a man purchases a Way through the ground of another man for such as do or shall dwe â— in this or that house or that are the owners of such a Manor for ever Chiminage CHiminage is a Toll paid for a mans passage through a Forest to the disquiet of the wild beasts of the Forest Chirographer CHirographer is he that in the Common-Bench-Office ingrosses Fines acknowledged in that Court into a perpetual Record after they are acknowledged and fully passed by those Officers by whom they are first examined and that writes and delivers the Indentures one for the Buyer and another for him that sells and makes another indented piece containing also the effect of the Fine which he delivers over to the Custos Brevium which is called the Foot of the Fine The Chirographer also or his Deputy proclaims all the Fines in the Court every Term according to the Statutes and then repairing to the Office of the Custos Brevium there endorses the Proclamations upon the backside of the Foot thereof and always keeps the Writ of Covenant as also the Note of the Fine Chivage CHivage See Chevage Chivalrie CHivalrie is a Tenure of land by Knights service for the better understanding whereof it is to be known that there is no land but is held mediately or immediately of the Crown by some Service or other and therefore all our Free-holds that are to us and our heirs are called Fees as proceeding from the bounty of the King for some small yearly Rent and the performance of such services as originally were imposed upon the Land at the githing thereof For as the King gave to his Nobles his immediate Tenants great possessions for ever to hold of him for such or such Rent and Service so they again in time parcelled out to such as pleased them their Lands so received of the Kings bounty for such Rents and Services as to them seemed good And the Services are all by Littleton divided into two sorts Chivalry and Socage the one material and military the other clownish and rustical Chivalry therefore is a Tenure whereby the Tenant is bound to perform some Noble or Military Office to his Lord and is of two kinds either Regal that is such as may be held onely of the King or such as may also be held of a common person as well as of the King That which may be held onely of the King is properly called S â— rvitium or Sergeantia and is also again divided into Grand and Petit Serjeanty Grand Serjeanty is that where a man holds lands of the King by service which he ought to do in his own person as to carry the Kings Banner or his Spear to lead his Army to be his Marshal to blow a Horn when he sees his enemies invade the Land or to find an armed man to fight within the four Seas or to do it himself or to carry the Kings Sword before him at his Coronation or at that day to be his Sewer Carver Butler or Chamverlain Petit Serjeanty is where a man holds land of the King to pay him yearly a Bow a Sword a Dagger a Knife a Spear a pair of Gloves of maile a pair of Spurs of Gold or to give such other small things concerning the War Chivalrie that may hold of a common person as well as of the King is called Escuage Service of the shield and this is either uncertain or certain Escurage uncertain is also of two kinds first where the Tenant by his Tenure is bound to follow his Lord going in person to the Kings wars against his enemies either himself or to send a sufficient man in his place there to be maintained at his costs so many dayes as were agreed upon between the Lord and his Tenant at the granting of the Fee And the dayes of such service seem to have been rated by the quantity of the land so held as if it extends to a whole Knight's Fee then the Tenant was bound so to attend his Lord 40 days and a Knight's fee was so much land as in those days was accounted a sufficient living for a Knight and this was 680 acres by the opinion of some or eight hundred as others think or fifteen pounds by the year Cambden's Brit. fol. 110. If
the land extends but to the moiety of a Knight's fee then the Tenant is bound to follow his Lord but 20 days if a fourth part then 10 days Fitzh Nat. Brev fol. 83. c. 84. c e. The other kind of Escuage uncertain is called Castleward where the Tenant by his land is bound either by himself or some other to defend a Castle as often as it shall come to his turn Escuage certain is where the Tenant is assessed to a certain summe of money to be paid instead of such uncertain service as that a man shall pay yearly for a Knights Fee 20 shillings for the half 10 shillings or any such rate And this Service because it is drawn to a certain Rent comes to be of a mixt nature not meerly Socage for it smells not of the Plow and yet Socage in effect being now neither personal service nor incertain Chivalry hath other conditions annexed thereunto as Homage Fealty Wardship Relief and Marriage Bract. l. 2. c. 35. and what they signifie see in their several places Chivalry is either general or special Dyer fol. 161. plac 47. General seems to be where it is only said in the Feoffment that the Tenant holds by Knights Service without any specification of Sergeanty Escuage c. Special is that which is declared particularly what kind of Knights service he holds by See the Statute 12 Car. 2. c. 24 Thing in Action THing in Action is when a man hath cause or may bring an Action for some duty due to him as an Action of Debt upon an Obligation Annuity or Rent Action of Covenant or Ward Trespasse of goods taken away Beating or such like and because they are things whereof a man is not possessed but for recovery of them is driven to his Action they are called Things in Action And those Things in Action that are certain the King may grant and the Grantee may have an Action for them in his own name only But a common person cannot grant his Thing in Action nor the King himself his Thing in Action which is uncertain as Trespass and such like But of late times it is used in London that Merchants and others there who have Bills without Seals for payment of Money assign them to others who bring actions in their own names Churchesset CHurchesset is a word whereof Flet. l. 1. c. 47. in the end thus writes It signifies a certain Measure of Wheat which in times past every man on St. Martins day gave to Holy Church as well in the time of the Britains as of the English Yet many great persons after the coming of the Romans gave that Contribution according to the ancient Law of Moses in the name of the First-fruits as in the Work of King Kanutus sent unto the Pope is contained in which they call the Contribution Chirchsed as one would say Church-seed Church-wardens CHurch-wardens are Officers yearly chosen by the consent of the Minister and the Parishioners according to the custom of every several place to see to the Church Church-yard and such things as belong to both and to observe the behaviour of the Parishioners for such crimes as appertain to the jurisdiction or censure of the Ecclesiastical Court These are a kind of Corporation and are enabled by Law to sue for any thing belonging to their Church or the Poor of the Parish See Lambert's Duty of Church-wardens Cinque Port. CInque Port are five Haven-towns that is Hastings Romney Hythe Dover and Sandwich to which have been granted long time since many Liverties which other Port-towns haue not and that first in the time of King Edward the Confessor which have been increased since and that chiefly in the days of the three Edwards the first the second and third as appears in Dooms-day book and other old Monuments too long to recite Circuity of Action CIrcuity of Action is when an Action is rightfully brought for a Duty but yet about the bush as it were for that it might as well have been otherwise answered and determined and the Suit saved and because the same Action was more then needful it is called Circuity of Action As if a man grant a Rent-charge of x. li out of his Mannor of Dale and after the Grantee disseises the Grantor of the same Manor and he brings an Assise and recovers the land and xxli damages which xx.li. being paid the Grantee of the Rent sues his Action for x. li of his Rent due during the time of the Disseisin which if no Disseisin had been he must have had This is called Circuity of Action because it might have been more shortly answered for whereas the Grantor shall receive xx.li. damages and pay x. li Rent he may haue received but the x. li only for the damages and the Grantee might have cut off and kept back the other x. li in his hands by way of deteiner for his Rent and so thereby might have saved his Action Circumstantibus CIrcumstantibus is a word of Art signifying the Supply and making up the number of Iurors if any impannelled do not appear or are challenged by either party by adding to them as many others of those that are present and standers by See 35 H. 8. c. 6. 5 El. c. 25. City CIty is such a Town corporate as hath a Bishop and a Cathedral Church whereof such words are found The same place is called Urbs Civitas and Oppidum It is called Civitas in regard it is governed in justice and order of Magistracy Oppidum for that there are therein great plenty of Inhabitants and Urbs because it is in due form begirt about with Walls But that place is commonly called Civitas which hath a Bishop Yet Crompton in his Jurisdictions reckons up all the Cities and leaves out Ely although it hath a Bishop and a Cathedral Church and puts in Westminster notwithstanding it now hath no Bishop And 35 El. 6. Westminster is called a City and Anno 27 ejusd c. 5 of Statutes not printed Westminster is alternative called a City or Borough It appears by the Stat. 35 H. 8. c. 10. that then there was a Bishop of Westm Cassanaeus writes that France hath within its Territories 104 Cities and gives this reason because there are so many Sees of Archbishops and Bishops Clack CLack as to clack force and bard wool 8 H 6. cap. 22. whereof the first viz. to Clack wool is to cut off the mark of the Sheep which makes it to weigh lesse and so to pay the less Custome to the King To Force wool is to clip the upper and most hairy part of it To Bard or beard wool is to cut the head and neck from the other part of the Fleece Claim CLaim is a Challenge by any man of the property or ownership of a thing which he hath not in possession but is withholden from him wrongfully and the party that so makes this Claim shall have thereby a great advantage for by it in some cases he may
the Law gives much credit and authority to Coroners Corporation Corporation is a permanent thing that may have succession And it is an Assembly and joyning together of many into one Fellowship Brotherhood and mind whereof one is Head and chief the rest are the Body and this Head and Body knit together make the Corporation And of Corporations some are Spiritual some Temporal and of Spiritual some are Corporations of dead persons in Law and some otherwise and some are by authority of the King only and some have been of a mixt authority And of those that are Temporal some are by the authority of the King also and some by the Common Law of the Realm Corporation Spiritual and of dead persons in the Law is where the Corporation consists of an Abbot and Covent which had beginning of the King and the Pope when he had to do here Corporation Spiritual and of able persons in Law is where the Corporation consists of a Dean and Chapter Master of a Colledge or Hospital and this Corporation had beginning of the King only Corporation Temporal by the King is where there is a Mayor and Commonalty Corporation Temporal by authority of the Common Law is the Assembly in Parliament which consists of the King the Head of the Corporation the Lords Spiritual and Temporal and the Commons of the Realm the Body of the Corporation Bodies politick BOdies politick are Bishops Abbots Priors Deans Parsons of Churches and such like which have succession in one person only If land be given to a Maior and Commonalty for their lives they have an Estate by intendment not determinable So it is if a Feoffment be made of land to a Dean and Chapter without speaking of Successors Release of a Mayor for any summ of money due to the Corporation in his own name is not good in Law In case of a sole Corporation or Body politick as Bishop Parson Vicar Master of Hospital c. no Chattel either in action or possession shall go in succession but the Executors or Administrators of the Bishop Parson c. shall have them for Succession in a Body politick is as Inheritance in case of a body private But otherwise is in case of a Corporation composed of many as a Dean and Chapter Mayor and Commonalty and such like for there they in judgement of the Law never die Yet the case of the Chamberlain of London differs from all these and his Successors may in his own name have Execution of a Recognisance acknowledged to his Predecessor for Orphanagemoney and the reason is because in this case the Corporation of the Chamberlain is by Custome and the same Custome that hath created him and made a Corporation in Succession as to the said special purpose concerning Orphanage hath enabled the Successor to take such Recognisances Obligations c. that are made to his Predecessor And this Custom is founded upon great reason for the Executors or Administrators of the Chamberlain ought not to intermeddle with such Recognisances Obligations c. which by the said Custom are taken in the corporate capacity of the Chamberlain and not in his private But a Bishop Parson c. or any sole Corporation that are Bodies politick by prescription cannot take a Recognisance or Obligation but only to their private and not in their politick capacity for they want Custome to take a Chattel in their politick or corporate capacity Corpus cum Causa or Habeas Corpus COrpus cum Causa is a Writ issuing out of the Chancery to remove both the body and the Record of the Cause of any man lying in Execution upon a Iudgement for Debt into the Kings Bench c. there to lie till he have satisfied the Iudgement Fitzh Nat. Brev. fol. 251. e. It lies also to remove any Action from inferiour Courts of Record into any of the 3 Courts in Westm Corruption of Blood COrruption of Blood is when any one is attainted of Felony or Treason then his Bloud is said to be corrupt by means whereof neither his children nor any of his bloud can be heirs to him or to any other Ancestor for which they ought to claim by him And if he were a Noble or Gentleman before he and all his children are made thereby ignoble and ungentle having regard to the Nobility or Gentry they claim by their father which cannot be restored by the Kings Grant without authority of Parliament But if the King will pardon the offendor it will cleanse the corruption of the Blood of those children which are born after the Pardon and they may inherit the land of their Ancestor purchased at the time of the Pardon or afterwards but so cannot they who were born before the Pardon Also he that is attainted of Treason or Felony shall not be heir to his father but this disability shall hinder others to be heir so that during his life the land shall rather escheat to the Lord of the Fee then discend to another But if he who is attainted dies without issue of his body during the life of his Ancestor then his younger Brother Sister or Cousin shall inherit for if the eldest Son be hanged or abjure the Realm for Felony during the life of the Father it is no impediment but that the youngest Son may inherit 27 Edw. 3. c. 77. And if he who is attaint of Treason or Felony in the life of his Ancestor purchase the Kings Pardon before the death of his Ancestor yet he shall not be Heir to the said Ancestor but the Land shall rather escheat to the Lord of the Fee by the Corruption of bloud 26 Ass pla 2. But if the eldest son be a Clerk convict in the life of his Father and after his Father dies in this case he shall inherit his Fathers Land because he was not attainted of Felony for by the Common Law he should inherit after he had made his Purgation And now by the Statute of 18 El. cap. 6. he shall be forthwith enlarged after burning in the hand and delivered out of prison and not committed to the Ordinary to make his Purgation but he is in the same case as if he had made his Purgation If a man that hath Land in right of his wife hath issue and his Bloud is corrupt by Attainder of Felony and the King pardons him in this case if the wife dies before him he shall not be Tenant by the courtesse for the corruption of the blood of that issue But it is otherwise if he hath issue after the Pardon for then he shall be Tenant although the issue which he had before the Pardon be not inheritable 13 H. 7. c. 17. If a man seised of Land hath issue two sons and the eldest is attainted in the life of his Father of Felony and therefore executed or otherwise dies during the life of his Father and after the Father dies seised the Land shall descend to the youngest son as Heir unto his Father if
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
have been taken for such as a man retains to speak for him in any Court as Advocates and Pledeurs to be another sort as Attorneys for one that is present himself but suffers another to speak for him Countours according to M. Horne are such Sergeants skilful in the Law which serve the common people to defend their Actions in Iudicature for their fee. Countee COuntee so called a comitando because they accompany the King was the most eminent and high dignity from the conquest untill the 11 year of King Ed. 3. when the Black Prince was created Duke of Cornwall and those who of ancient time were created Countees were of the Blood-Royal aud at this day the King in all his appellations stiles them by the name of Our most dear Cousin And for these causes the Law gives them high and great Priviledges and therefore their body shall not be arrested for Debt Trespasse c. because the Law intends that they assist the King with their counsel for the publick good and keep the Realm by their prowesse and valour Also for the same cause they shall not be put in Iuries although it be for the service of the Country And if issue be taken whether the Plaintiff or Defendant be a Countee or not this shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of favour against a Lord of the Parliament because he is intended to attend the publick And of ancient time the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County and now the Sheriff hath all the authority for administration and execution of Iustice which the Countee had Cok. lib. 9. fol. 49. and therefore he is called Viscount Countenance COuntenance seems to be used for Credit or Estimation Old Nat. Brev. 111. in these words The Attaint shall be granted to poor men that will take their oaths they have not any thing whereof to make their Fine saving their Countenance In the same manner it is used 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings Debtors with as much as they may levy with their oaths without abating the Debtors Countenance Countermand COuntermand is where a thing formerly executed is afterward by some act or ceremony made void by the party that hath first done it As if a man hath made his last Will whereby he devises his Land to J. S. and afterwards he infeoffs another of the same Land there this Feoffment is a Countermand to the Will and the Will as to the disposition of the Land is void If a woman seised of Land in fee makes a Will in writing and devises that if A. of B. survives her then she devises and bequeaths to him and his heirs her Land and afterward she entermarries with the said A. of B. there by taking him to husband and coverture at the time of her death the Will is Countermanded But if a Baroness widow retains two Chaplains according to the Statute and takes one of the Nobility to husband and afterwards the husband dies the Reteiner of those two Chaplains remains and they without new Reteiner may take two Benefices for their Reteiner was not determined nor countermanded by such Marriage If a woman makes a Lease at will and afterwards takes an husband this Marriage is no Countermand to the Lease without express matter done by the Husband after the Marriage to determine the Will Also if a Lease be made at will to a woman and she takes an Husband the Lease continues notwithstanding the Marriage and is no Countermand thereunto Counterplea COunterplea is when one brings an Action and the Tenant in his Answer and Plea vouches or calls any man to warrant his Title or prayes in aid of another who hath better Estate than he as of him that is in the Reversion or if one that is a stranger to the Action come and pray to be received to save his Estate if the Demandant reply thereto and shew cause that he ought not to vouch such a one or of such a one to have aid or that such a one ought not to be received this Plea is called a Counterplea to the Voucher Aid or Resceit as the case is But when the Voucher is allowed and the Vouchee comes in and demands what cause the Tenant hath and the Tenant shews his cause and the Vouchee pleads any thing to avoid the Warranty that is called a Counterplea in the Warranty Countie COuntie signifies as much as Shire both containing a compasse or portion of the Realm into which all its land is divided for the better government thereof and more easie administring of Iustice so that there is not any part of the Kingdom that lies not within some County and every County is governed by a yearly Officer whom we call Sheriff who among other duties belonging to his Office puts in execution all the Commandments and Iudgments of the Kings Courts that are to be executed within the compasse Fortesc ' cap. 24 Of these Counties there are four more remarkable than others called County Palatines as Lancaster Chester Durham and Ely an 5. El. c. 23. There was also the County Palatine of Hexam an 33 H. 8. cap. 10. but thereof quaere A County Palatine is of so high a nature that whereas all Pleas touching the life or maihem of a man called Pleas of the Crown are usually held and sped in the Kings name and cannot be passed in the name of any other the chief Governours of these by special Charter from the King heretofore did send out all Writs in their own name and did all things touching Iustice as absolutely as the Prince himself in other Counties onely acknowledging him to be their Superiour and Soveraigne But by the Statute of 27 H. 8. cap. 25. this power was much abridged which fee and Cromp. Jurisdict 137. Besides these two sorts of Counties there are also Counties corporate as appears by the Statute of 3 Ed. 4. 5. and these are certain Cities or ancient Boroughs of the Land upon whom the Princes of this Nation have bestowed such extraordinary Liberties as London York Chester Gloucester and many others County in another signification is used for the County Court which the Sheriff keeps every moneth within his charge either by himself or his Deputy See for this Dal â— on s Office of Sheriffs Of these Counties or Shires there are reckoned to be 37 in England besides the twelve in Wales Court COurt is diversly taken sometimes for the House where the King remains with his ordinary retinue and also the place where Iustice is judicially ministred of which you may find 32 several sorts in Cromp. Jurisd well described And of those the greater part are Courts of Record some are not and therefore accounted Base Courts in comparison of the others Besides these there are also Courts Christian so called because they handle matters chiefly
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple fee-Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
Court of Iustice Magistracy or Title of land for which the party shall be punished according to the nature and quality of his offence sometimes by Action upon the Case for Slander at the Common Law and other times in the Ecclesiastical Court. As if a man contrive any False news or horrible and false Lies of Prelates Dukes Earls c. then an Action De Scandalis Magnatum will lie against him by the Statute of 2 R. 2. cap. 5. and this being proved the party offending shall be grievously punished But for words of Defamation against a private man there the party grieved shall have his Action upon the Case for the Slander and shall recover in dammages according to the quality of the fault wherein the quality of the person who is so defamed is much to be considered But for Defamations determinable in the Spiritual Court they ought to have three incidents First it ought to concern matter meerly Spiritual and determinable in the Ecclesiastical Court as for calling him Heretick Schismatick Adulterer Fornicator c. Secondly that it concern matter meerly Spiritual only for if such Defamation concern any thing determinable at the Common Law the Ecclesiastical Iudge shall not have conusance thereof As if a Divine is to be presented to a Benefice and one to defeat him thereof saith to the Patron that he is an Heretick or a Bastard or that he is Excommunicated whereby the Patron refuses to present him and he loses his Preferment he shall have an Action upon the Case for these Defamations tending to such an end Also if a woman be bound that she shall live continent for if a Lease be made to her so long as she shall live chaste in these cases Incontinency shall be tryed by the Common Law Thirdly although such Defamation be meerly and only Spiritual yet he that is defamed cannot sue there for amends or Dammages but the Suit ought to be only for punishment of the fault for the Soul's health of him that so offends And as for the Slander of a Title to Land if A. saith that B. hath right in the Lands of C. whereby C. is damnified then he may have an Action upon the Case for the Defamation of his Title against A. And although B. hath a colourable Title yet A. shall be punished forasmuch as he hath taken upon him knowledge of the Law and medled in a matter which concerned him not But if a man saith that he himself hath right to the Land of another in this case no Action for Defamation lies although he knows his Title to be false Cok lib. 4. fol. 18. Defeisance DEfeisance is a Condition relating to a Deed as an Obligation Recognisance or Statute which being performed by the Obligor or Recognisor the Act is disabled and made void as if it had never been done And there is no Warrantie Recognisance Rent-charge Annuity Covenant Lease for years or such like but that they may by a Defeasance made with the mutual consent of all those who were parties to the creation thereof by Deed be adnulled discharged and defeated And the difference between a Proviso or Condition in Deed and a Defeasance is in this That the Proviso or Condition is annexed or inserted in the Deed or Grant whereas a Defeasance is usually a Deed by it self concluded and agreed on between the parties and having relation to another Deed. And therefore if the Condition of an Obligation be repugnant to the Deed the Condition is void and the Obligation good As if the Condition be that he shall not sue the Obligation this is void as well as it is of a Feoffment upon Condition that the Feoffee shall not take the Profits But a Defeasance is a Grant that is made after the Obligation to defeat the same Obligation and this is good though it be repugnant and so not like a Condition 21 H. 7. fol. 24. b. For the form and manner of Defeasances according to the diversity of the Case see West part 1. Symb. lib. 2. sect 230 231 c. Defence DEfence is that which the Defendant ought to make immediately after the Count or Declaration made that is that he defends all the Wrong Force and Dammage where and when he ought and then to proceed farther to his Plea or to imparl And note that by defending the Force and Wrong he doth excuse himself of the Wrong against him surmised and makes himself party to the Plea and by defending the Dammage he affirms the Plaintiff able to be answered unto And for the residue of the Defence he accepts the power of the Court to hear and determine their Pleas of this matter For if he will plead to the Iurisdiction he ought to omit in his Defence these words ou quant il devera and if he will shew any disability in the Plaintiff and demand Iudgment if the party shall be answered unto then he ought to omit the Defence of the Dammage Defendant DEfendant is he that is sued in Action personal who is called Tenant in an Action real Defendemus DEfendemus is an ordinary word in a Feoffment or Donation and hath this force that it binds the Donor and his Heirs to defend the Donee if any man go about to lay any Servitude upon the thing given other then is contained in the Donation Braction lib. 2. cap. 16. num 10. See also Warrantizantibus Defender of the Faith DEfender of the Faith is a peculiar Title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo. x. to K. Hen. 8. for writing against Martin Luther in behalf of the Church of Rome Stow's Annals p. 863. Deforceor DEforceor is he that overcomes and casts out with Force who differs from a Disseisor first in this that a man may disseise another without Force which act is called Simple Dissesin Britton cap. 33. Then because a man may deforce another that never was in possession as if many have right to Lands as common Heirs and one keeps them out the Law saith that he deforces them though he never disseised them Old Nat. Brev. fol. 118. If Tenant in tail makes a Feoffment in fee by which the Feoffee is in and afterward the Tenant in tail dies and his issue sues a Writ of Formedon against the Feoffee the Writ shall say and also the Count c. that the Feoffee wrongfully deforced him c. though he did not disseise him because he entred in the life of the Tenant in tail and the Heir had no present right Lit fol. 138. And a Deforceor differs from an Intrudor because a Deforceor keeps out the right Heir as aforesaid and a man is made an Intrudor by a wrongful Entry only in Lands or Tentments void of a Possessor Bract. lib. 4. cap. 1. And because Force and Forcible entry into Lands is so opposite to the Peace and Iustice of the Realm and a
Finite is that which is limited by Law how often it shall be made to bring the party to trial of the Action as once or twice Old Nat. Brev. f. 43. Distresse infinite is without limitation untill the party comes as against a Iury that refuses to appear upon Certificate of Assise the Process is a Venire facias Habeas corpora and distresse infinite Old nar Brev. f. 113. Then it is divided into the grand Distresse as Anno 52 H. 3. c. 7. which Fitzh calls in Latine Magnam Districtionem Nat. Brev. 126. a. and an ordinary distresse A grand Distresse is that which is made of all the goods and chattels which the party had within the County Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite idem fol. 80. with whom also the Statute of Marlbridge seems to agree Anno 52 H. 3. c. 7. 9 12. See the Old Nat. Brev. 71. b. Distringas DIstringas is a Writ directed to the Sheriff or any other Officer commanding him to distrain for a Debt to the King c. or for his appearing at a day See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men Of which see 1 Cro. Rep. 204. in t ' Reg. Inhabit ' de Epworth Dividend DIvidend is a word used in the Statute of Rutland Anno 10 E. 1. where it seems to signifie one part of an Indenture See Anno 28 ejusdem Stat. 3. c. 2. Divorce DIvorce See Devorce Docket DOcket is a Little piece of Payer or Parchment written that contains in it the effect of a Greater Writing See the Statute 2 3 P. M. c. 6. M. West part 2. tit Fines sect 106. calls it Dogget Dog-draw DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest There are four kinds of them observed by Manwood part 2. c. 18. num 9. of his Forest Laws that is Dog-draw Stable stand Back-bear and Bloudy-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound led in his hand Dogger DOgger is a kind of Ship Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven c. Doggermen Anno 2 H. 8. c. 4. Dole-fish DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance See the Statute Anno 35 H. 8. c. 7. Dominus litis IS the Advocate in the Civil Law who after the death of his Client prosecutes a Suit to sentence for the Executors use Domo reparan â—â— DOmo reparanda is a Vr. that lies for one against his neighbour by the fall of whose House he fears some hurt will come to his own Reg. orig fol. 123. Doom DOom from the Saxon Dom signifies Iudgment a word much used in References to Arbitrators Dooms-day DOoms-day is a Book that was written in the time of S. Edward the Confessor as the Author of Old Nat. Brev. saith fol. 15. and before in the title of Ancient demesne containing in it not only all the Lands through England but also all the names of those in whose hands they were at that time when the Book was made Lambert proves that this Book was made in the time of William the Conquerour with whom Cambden in his Britan. pag. 94. agrees proving it out of Ingulphus that flourished the same time who touching the contents thereof hath these words It describes the whole Land neither was there one Hide in all England whose Value and Possessour was unknown nor any Pool or place not describ'd in the Kings Roll and the Rent profits Possession it self and Possessor not made known to the King according to the fidelity of the Taxers who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English for its generality in that it contains all the Tenements contained throughout the Land it is surnamed Dooms-day And this Book is sometimes called Liber Judicatorius because in it is contained a diligent Description of the Kingdom and it expresses the value of all the ground thereof as well in the time of King Edward as in the time of King William under whom it was compiled Doomsman SEem to be Suitors in a Court of a Mannor in Auntient demesne who are Iudges there Donative DOnative is a Benefice meerly given and collated by the Patron to a man without either Presentation to or Institution by the Ordinary or Induction by his commandment F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis c. 11. num 1. hath these words But if Chappels founded by Lay-men were not approved of 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 M. Gwyn in the Preface to his Readings saith That the King might of antient time found a free Chappel and exempt it from the Iurisdiction of the Diocesan So also he may by his Letters Patents give licence to a common person to found such a Chappel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be deprivable by the Founder or his heir and not by the Bishop and this seems to be the original of Donatives in England Fitzherbert saith fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents And all Bishopricks were of the Foundation of the Kings of England and therefore in the antient time they were Donative and given by the Kings yet now the Bishopricks are become by the Grants of the Kings eligible by their Chapter Coke l. 3. f. 76. Donor and Donee DOnor is he who gives Lands or Tenements to another in tail and he to whom the same is given is called Donee Dorture DOrture is a common Room place or Chamber where all the Religious of one Covent slept and lay all night Anno 25 H. 8. cap. 11. Double Plea DOuble Plea is where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended and each one by it self is a sufficient Bar or Answer to the Action then such double Plea shall not be admitted for a Plea except one depend upon another and in such case if he may not have the last Plea without the first then such a double Plea shall be well received Double Quarel DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of
Fieri facias If a man recover by a Writ of Debt and sue a Fieri facias and the Sheriff return that the Defendant hath nothing whereof he may satisfie the Debt to the party then the Plaintiff shall have Elegit or Capias sicut alias and a Pluries And if the Sheriff return at the Caplas Mitto vobis corpus and he have nothing whereof he may make satisfaction to the party he shall be sent to the prison of the Fleet and there abide untill he have made Agreement with the party and if the Sheriff return Non est inventus then there shall go forth an Exigent against him Note well That in a Writ of Debt brought against a Parson who hath nothing of Lay-Fee and the Sheriff returns that he may not be summoned then shall the Plaintiff sue a Writ to the Bishop to cause his Clerk to come and the Bishop shall make him come by Sequestration of the Church And if a man bring a Writ of Debt and recover and make his Executors and die they shall not have Execution notwithstanding it be within the year be a Fieri facias There is another sort of Elegit upon adjudging execution against Terr-tenants which Elegits recite the lands against which Execution is adjudged and commands the Sheriff to deliver to the Creditor a moyty of those Lands and nothing is therein mentioned of any Goods or Chattels as in the other Elegits Elopement ELopement is when a married woman departs from her husband and dwells with an Adulterer for which without voluntary reconcilement to her husband she shall lose her Dower by the Statute of West 2. cap. 34. Whereupon is this old Verse The woman that her husband leaves And with Adult'ry is defil'd Her Dower she shall want unless She first to him be reconcil'd Embleaments EMbleaments are the Profits of the Land which have been sowed and in some cases he who sowed them shall have them and in some not as if Tenant for life sow the Land and afterwards die the Executors of the Tenant for life shall have the Embleaments and not he in Reversion But if Tenant for years sow the Land and before that he hath reap'd his term expires there the Lessor or he in Reversion shall have the Embleaments If one desseises me and cuts the Embleaments growing upon the Land and afterwards I re-enter I shall have an Action of Trespasse against him for the Embleaments but if my Disseisor makes a Feoffment in fee or leases the Land whereof he disseised me and the Feoffee or Lessee takes the Embleaments and after I re-enter I shall not have Trespass Vi armis against them who come in by Title but against my Disseisor Cok. lib. 11. f. 51. If a woman Copiholder during her Widowhood according to the Custome of the Mannor sows the Land and before severance of the Embleaments she takes a husband the Lord shall have the Embleaments So if a woman seised of Land during her Widowhood makes a Lease for years and the Lessee sows the Land and the woman takes a husband there the Lessee shall not have the Embleaments although his Estate be determined by the act of a stranger And although it is commonly held in our Books That if a man leases Lands at will and after the Lessee sows the Land and then the Will is determined that the Lessee shall have the Embleaments yet if the Lessee himself determines the Will before the severance of the Corn. he shall not have the Embleaments See Cok. lib. 5. fol. 116. Embrasour or Embraceour EMbrasour or Embraceour is he that when a matter is in trial between party and party comes to the Barrs with one of the parties having received some reward so to do and speaks in the case or privily labours the Iury or stands there to survey or overlook them thereby to put them in fear and doubt of the matter But persons learned in the Law may speak in the case for their clients Emparlance EMparlance is when a man being to answer to a Suit or Action desires some time of Respite to advise himself the better what he shall answer and it is nothing else but a Continuance of the Cause untill a fatther day And though the Plaintiff in the Kings Bench after the Barre pleaded hath time to reply two or three Terms after yet no mention shall be made in the Roll of any Emparlance or Continuance but the Entry shall be general and so intended to be the same Term. But it is otherwise with a Barre for it contains the Emparlance or Continuance and is in this manner And now at this day that is Friday c in the same Term untill which day the aforesaid A had licence to imparle c. But there is no such Entry upon any Replication or Rejoynder See Coke lib. 5. fol. 75. Brit. cap. 53. uses this word for the Conference of a Iury upon the business to them committed There is a special Imparlance also for a Defendant salvis sibi omnibus omnimodis exceptionibus ad breve narrationem or ad billam which is of use where the Defendant is to plead some matters which cannot be pleaded after a general imparlance Encheson ENcheson is a French word much used in our Law Books as in the Statute of 50 E. 3. cap. 3 and it signifies as much as the Occasion cause or reason for which any thing is done So it is used by Stamford lib. 1. cap. 12. in his description of a Deodand Encrochment ENcrochment comes from the French word Acrocher that is to Pull or draw to And it signifies an Vnlawfull gaining upon the right or possession of another And so a Rent is said to be encroched when the Lord by Distresse or otherwise compells the Tenant to pay more Rent then he ought or then he need See Bucknal's Case 9 Rep ' fol. 33. So when a man sees his Hedge or his Wall too far into the land or ground of his neighbour that lies next him he is said to incroach upon him Enditement or Indictment INdictment comes of the French Enditer that is to set a man out as he is And it is a Bill or Declaration in form of Law exhibited by way of Accusation against one for some offence either criminal or penal and preferred to Iurors and by their Verdict found and presented to be true before a Iudge or Officer that hath power to punish or certifie the Offence Endowment ENdowment Dotatio signifies properly the Giving or assuring of Dower to a woman But it is sometimes by a Metaphor used for the Setting out or severing of a sufficient part or portion to a Vicar for his perpetual maintenance when the Benefice is appropriated And so it is used in the Statutes of 15 R. 2. cap. 6. and 4 H. 4. cap. 12. Endowment de la pluis belle part ENdowment de la c. is when a man dies seeised of some Lands held in Knights-service and others in
Soccage the Widow is sped of her Dower rather in the Soccage-Lands as the fairest part Of this see Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement is when a man is incorporated into any Society or Body politick So if an Alien born be made Denizon of England he is said to be enfranchised and he that is made a Citizen of London or other Town Corporate because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised And when a man is enfranchised into a City or Borough he hath a Free-hold in his Freedome for his life and with others in their politick capacity hath Inheritance in the Land of the said Corporation wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed and not only an Endeavouring or enterprising whereof he may repent before it be put in execution And what shall be sufficient cause to dis-infranchise a Free-man and what not see Cok. lib. 11. in Bagg's Case fol. 98. Englesherie ENglesherie or Englecerie is an old word which signifies the being an Englishman For in ancient time as appears by Bracton lib. 3. Tract 2. cap. 15. fol. 134. if a man had been slain or murthered he was accounted to be Francigena which word implies every Alien until Englesherie were proved that is until it was made manifest that he was an Enlish-man The original whereof was this Kanotus the Danish King having established his Estate here in peace at the request of our Barons discharged the Land of his Armies wherein he reposed his greatest safety upon this condition That the Barons would give consent to a Law That whosoever should â— ill an Alien and was apprehanded and could not acquit himself should be liable to Iustice â— But if the Man-slaier escayed the Town where the man was slain should forfeit sixty six Marks to the King and if â— he Town was not able to pay it then the Hundred should forfeit and pay this to the King 's own Tteasury and farther That every man murthered should be accounted Francigena unless Englesherie were proved and how it should be proved see Bracton in the same chap. num 7. Also see Horn's Mirrour of Justices l. 1. cap. of the Office of Coroners and Fleta l. 1. c. 30. This Englesherie for the abuses and grievances which were afterwards perceived to arise therefrom was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke l. 7. f. 16. Calvin's Cafe Enheritance ENheritance is such Estate in Lands or Tenements or other things as may be inherited by the Heir whether it be estate in Fee-simple or Tail by Discent from any of his Ancestors or by his own Purchase And it is divided into Enheritance Corporate and Enheritance Incorporate Enheritance Corporate are Mesuages Lands Meadows Pastures Rents and such like that have substance in themselves and may continue always And these are called Corporal things Enheritance Incorporate are Advowsons Villains Ways Commons Courts Fishings and such like that are or may be appendant or appurtenant to Enheritance Incorporate The Eldest part ENitia or Einecia pars is that Part which upon Partition among Coparceners falls to the Eldest Sister or ancientest Coparcener as it appears by Littleton sect 245. And it is called Enitia pars from the French word Eigne or Aisne that is the First-born Enquest ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact And such Inquiry is either ex officio which are called Inquests of Office and are traversable or at the mise of the parties This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors Entendment ENtendment is an usual word in our Law when a thing is in doubt then by Entendment it shall sometimes be made good As if an Inquisition be found before a Coroner that a man was murthered at A. which is a Liberty and is not said in the Inquisition at A within the Liberty of A yet it shall be good by Entendment for peradventure the Liberty may extend beyond the Town but that the Town if self shall be presumed to be out of the Liberty of the Town is a captious construction wherefore the Inquisition shall be good by Entendment Coke l. 5. f. 121. See Kitch f. 224. Enterpleader ENterpleader is when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined For example Two persons be found Heir to Land by two several Offices in one County by this the King is in doubt to whom he shall make Livery for which cause before Livery made he will have them interplead and thereby determine who is the right Heir See Coke l. 7. f. 45. Stam. Prer c. 19. Brooke tit Enterpleader Also there is another sort of Interpleader in Detinue in divers cases which see Rast Entries 213. Entire Tenancie ENtire Tenancie is that which is contrary to Several Tenancy and signifies a Sole possession in one man where the other signifies Ioynt or common in more See Brooke Several Tenancies and the Old Book of Entries under this Title Entrie ENtrie is where a man enters into any Lands or Tenements or takes possession of them Also there are divers Writs of Entry which are in divers manners One is a Writ of Entrie sur Disseisin which lies where a man is disseised he or his Heir shall have this Writ against the Disseisor or any other after Tenant of the Land And if the Disseisor alien and die seised then the Writ of Entrie shall be against the Heir and the Alienee in the Per viz. in which the Tenant hath no Entry but by such a one naming the Disseisor who him hath disseised c. If the Heir or Alienee die seised or alien to another then the Writ shall be in the Per and Cui viz. to which the Tenant hath no Entry but by such a one naming the Heir or Alienee of the Disseisor to whom such a one naming the Disseisor did let it who by force disseised him c. And if Land be conveyed over to many or if the first Disseisor be disseised then the Writ of Entry shall be in the Post viz. that the Tenant hath no Entry but after the Disseisin which the first Disseisor made to the Demandant or his Ancestor See Entre en le Per. Entrie in the Per Cui and Post A Writ of Entrie in the Per lies where a man is disseised of his Free-hold and the Disseisor aliens or dies seised and his Heir enters then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor or against the Alienee of the Disseisor but living the Disseisor he may have an Assise if he will and the Writ of Entry shall say In quod A non habet Ingressum nisi per B qui illud
ei dimisit qui inde eum injuste disseisivit c. But if the Disseisor alien and the Alienee dies seised or aliens over to another or if the Disseisor dies and his Heir enters and that Heir aliens or dies and his Heir enters then the Disseisee or his Heir shall have a Writ of Entre sur Disseisin in the Per and Cui and the Writ shall say In quod idem A non habet Ingressum nisi per B cui C illud ei dimisit qui inde injuste c. A Writ of Entry in the Per and Cui shall be maintainable against none but where the Tenant is in by Purchase or Discent For if the Alienation or Discent be put out of the Degrees upon which no Writ may be made in the Per or in the Per and Cui then it shall be made in the Post and the Writ shall say In quod A non habet Ingressum nisi Post Disseis â— nam quam B inde injuste sine judicio fecit praef t. N. vel M. proavo N. cujus haeres ipse est Also there are five things which put the Wri â— of Entrie out of the Degrees viz. Intrusâ—on Succession Disseisin upon Disseisin Iudgment and Escheat 1. Intrusion is when the Disseisor dies seised and a stranger abates 2. Diss â— isin upon Disseisin is when the Disseisor is disseised by another 3. Succession is when the Disseisor is a man of Religion and dies or is deposed and his Successor enters 4. Judgment is when one recovers against the Disseisor 5. Escheat is when the Disseisor dies without Heir or doth Felony whereby he is attaint by which the Lord enters as in his Escheat In all these cases the Disseisee or his Heir shall not have a Writ of Entrie within the degrees of the Per but in the Post because in those cases they are not in by Discent nor by Purchase Entrie ad Communem Legem ALso there is a Writ of Entrie ad Communem Legem which lies where Tenant for term of Life Tenant for term of anothers Life Tenant by the curtesie or Tenant in Dower aliens and dies he in the Revetsion shall have this Writ against whomsoever is in after in the Tenement Entrie in the Case provided A Writ of Entrie in Casu proviso lies if Tenant in Dower alien in fee or for term of life or for anothers life living the Tenant in Dower he in the Reversion shall have this Writ which is provided by the Stat. of Gloc. c. 7. Entrie in Casu consimili A Writ of Entrie in Casu consimili lies where Tenant for life or Tenant by the courtesie aliens in Fee he in Reversion shall have this Writ by the Statute of Westmin 2. cap. 24. Entrie ad Terminum qui praeteriit THe Writ of Entrie ad terminum qui praeteriit lies where a man leases Land to another for term of years and the Tenant holds over his term the Lessor shall have this Writ And if Lands be leased to a Man for term of anothers life and he for whose life the Lands are leased dies and the Lessee holds over then the Lessor shall have this Writ Entrie without Assent of the Chapter A Writ of Entrie sine Assensu Capituli lies where an Abbot Prior or such as hath Covent or common Seal aliens Lands or Tenements of the right of his Church without the Assent of the Covent or Chapter and dies then the Successor shall have this Writ Entrie for Marriage in Speech A Writ of Entrie causa Matrimonii praeloquuti lies where Lands or Tenements are given to a man upon Condition that he shall take the Donor to his wife within a certain time and he does not espouse her within the said term or espouses another woman or makes himself Priest or enters in Religion or disables himself so that he cannot take her according to the said Condition then the Donor and her Heirs shall have the said Writ against him or against whosoever is in the said Land But this Condition must be made by Indenture otherwise this Writ doth not lie And all these and other Writs of Entry may be made in the Per Cui and Post Entrusion ENtrusion is a Writ that lies where a Tenant for Life dies seised of certain Lands or tenements and a Stranger enters he in the Reversion shall have this writ against the Abator or whosoever is in after their Entrusion Also a writ of Entrusion shall be maintainable by the Successour of an Abbot against the Abator who shall enter in Lands or tenements in the time of Vacation that belong to the Church by the Statute of Marlebridge the last Chapter And it seems the difference between an Intrudor and an Abator is this that an Abator is he that enters into Lands void by the death of a Tenant in Fee and an Intrudor is he that enters into Lands void by the death of a Tenant for Life or Years See F. N. B. fol. 203. Entrusion de Gard. ENtrusion de Gard is a Writ which lies where the Heir within age enters in his Lands and holds out his Lord for in such case the Lord shall not have the Writ de Communi Custodia but this Writ of Entrusion of the Ward Old N. B. Enure ENure signifies to take place or effect to be available As a Release shall enure by way of Extinguishment Lit. Cha. Release Equity EQuity is in two sorts and those of contrary effects for the one doth abridge and take from the letter of the Law the other doth enlarge and add thereunto The first is thus defined Equity is the Correction of a Law generally made in that part wherein it fails which correction of the general words is much used in our Law As for example When an Act of Parliament is made that whosoever doth such a thing shall be a Feion and shall suffer death yet if a Mad-man or an Infant that hath no discretion do the same they shall be no Felons nor suffer death ther fore Also if a Statute were made That all persons that shall receive or giv â— me â— t and drink or other succor to any that shall do any such thing shall be accessary to his Offence and shall suffer death if they knew of the Fact yet one doth such an act and comes to his wife who knowing thereof doth receive him and gives him meat and drink she shall not be Accessary nor Felon for by the generality of the said words neither the M â— d-man Infant nor Wife were included in the intent of the Law And thus Equity doth correct the generality of the Law in those cases and the general words are by Equity abridged The other Equity is defined to be an Extension of the words of the Law to Cases unexpressed yet having the same reason So that when the words enact one thing they enact all other things that are of like degree As the Statute which ordains That in an Action of Debt against
In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
their Land of their Lord by Homage And if such Lord hath received Homage he is bound to acquit the Tenant against all other Lords above him of every manner Service And if the Tenant hath done Homage to his Lord and is impleaded and vouches the Lord to Warranty the Lord is bound to warrant him and if the Tenant lose he shall recover in value against the Lord so much of the Lands as he had at the time of the Voucher or at any time after Also if a man that holds his Land by Homage auncestrel alien the Land in fee then the Alienee shall do Homage to his Lord but he shall not hold by Homage auncestrel for that the continuance of the Tenancy in the Blood of the first Tenant is discontinued Homagio respectuando HOmagio respectuando is a Writ directed to the Escheatour commanding him to deliver Seisin to the Heir of his Lands at his full age although he hath not made his Homage Of which see Fitz. N. B. f. 269. A. Homesoken HOmesoken or Hamesoken is to be quit of Amerciaments for Entring into Houses violently and without licence and contrary to the Peace of the King And that you hold Plea of such Trespass done in your Court and in your Land Homicide or Man-slaughter HOmicide or Man-slaughter is the Killing of a Man felonioussy without malice fore-thought It is also defined thus Homicide is the killing of a man by a man But if it be done by a Dog Ox or other thing it is not properly called Homicide It is called Homicidium ab homine cado quasi Hominis caedium Homine capto in Withernamium HOmine capto in Withernamium is a Writ to take him that hath taken any Bond-man or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. Orig. fol. 79. a. Homine replegiando HOmine replegiando is a Writ to deliver men out of Prison upon Bail In what cases it lies and in what not see in Fitz. N. B. f. 66. E. and see here in the Title of Replevin in the end See Replevin Honour HOnour besides the general signification is used specially for the most noble sort of Lordships whereof other inferiour Lordships or Mannors depend by performance of Customes and Services some or other to those that are Lords of them And it seems there are no Honours but those which originally appertained to the King yet they may afterward be given in Fee to Noblemen The manner of Creating these Honors may in part be collected out of the Statutes of Anno 31 Hen. 8. chapter 5. where Hampton Court is made an Honour and Anno 33 ejusd cap. 37 38. whereby Amptil and Grafton are likewise made Honours and Anno 37 ejusd cap. 18. whereby the King hath power given him by his Letters Patents to erect four several Honours Westminster Kingston upon Hull S. Osithes in Essex and Dodington in Barkshire Hornegeld HOrnegeld is to the quit of certain Custome exacted by Tillage through all the Land of whatsoever horn'd Beast Hors de son Fee HOrs de son Fee is an Exception to avoid an Action for Rent issuing out of certain Land by him who pretends to be the Lord or for some Customes or Services for if he can justifie that the Land is without the compass of his Fee the Action falls Broke hoc Tit. 7 8. and 1 Institut 1. b. Hospitallers HOspitallers Hospitularii an Order of Knights first founded at Jerusalem and called the Joannites or Knights of St. John of Jerusalem and they were called Hospitallers for that they built an Hospital at Jerusalem for the entertainment of all such as from any part of the world came to visit the Holy places and did guard and protect such Pilgrims in their Iourneys the Institution of their Order was first allowed by Pope Gelasius the second about the year 1118. And they had many Priviledges granted them as Immunities from payment of Tithes c. And for these they are often mentioned in our Books You shall find their Priviledges reserved to them in Magna Charta cap 37. And you shall see the Right of the Kings Subjects vindicated from the Vsurpation of their Iurisdiction by the Statute of Westm 2. cap. 34. Their chief abode is now in the Island of Melita commonly called Malta given them by the Emperor Charles the Fifth And for that they are now called Knights of Malta All the Lands and Goods of these Knights here in England were put in the disposition of the King by the Stat. of 32 H. 8. cap. 24. Hosteler HOsteler is an Inholder Coke Entr. 347. Hotchpot HOtchpot is a blending or mixing together and a partition of Lands given in Frank-marriage with other Lands in Fee-simple discended For example A man seised of thirty Acres of Land in Fee hath issue two Daughters and gives with one of his Daughters to a man that marries her ten Acres of the same Land in Frank-marriage and dies seised of the other twenty Acres Now if she that is thus married will have any part of the twenty Acres whereof her Father died seised she must put her lands given in Frank-marriage in Hotchpot that is she must refuse to take the sole Profits of the Land given in Frank-marriage and suffer the Land to be commixt and mingled together with the other Land whereof her father died seised so that an equal Division may be made of the whole between her and her Sister And thus for her x Acres she shall have xv else her Sister will have the xx Acres of which their Father died seised Housebote HOusebote is necessary Timber that the Lessee for years or for life of common right may take upon the Ground to repair the Houses upon the same Ground to him leased although it be not exprest in the Lease and though it be a Lease by Word without Deed. But if he take more then is needful he may be punisht by an Action of Waste Hue and Cry HUe and Cry is a pursuit of one having committed Felony by the High-way for if the party robbed or any in the company of one that was murthered or robbed comes to the Constable of the next Town and wills him to raise Hue and Cry or to make Pursuit after 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 warning to the next Constable and he to the next to him until the Offendor be apprehended or at least until he be so pursued to the Sea-side Of this see Bract. lib. 3. tract 2. cap. 5. Smith de Repub Angl. lib. 2. cap. 20. and the Statute of Winchester made Anno 13 E. 1. and the Statute of 28 E. 3. cap. 11. and An. 27 El. cap. 13. Huers HUers See Conders Hundred HUndreds were divided by King
shall bring with him vj viij or xij of his Neighbors as the Court shall assign him to swear with him much like the Oath which they make who are used in the Civil Law to purge others of any crime laid against them who are called Compurgators Note that the Offer to make the Oath is called Wager of Law and when it is accomplished then it is called the Doing of your Law And if the Sheriff in any Action return that he hath summoned the Defendant to appear in Court at any day to answer the Plaintiff at which day he makes Default Process shall be awarded against him to come and save or excuse his Default which is as much to say as to excuse the Delay or otherwise to lose the thing demanded And the Defendant comes and swears he was not summoned which is called waging of Law then he ought to do it at the day assigned with xij others And in doing of his Law he ought upon his Oath to affirm directly the contrary of that which is imputed to him But the others shall onely say They think he saith the truth Libel LIbel Libellus is a term of the Civil Law signifying the Original Declaration in any Action and so it is used in the Statutes of 2 H. 3. cap. 3. and 2 E. 6. cap. 13. And an infamous Libel signifies properly in our Law a Scandalous report of any man unlawfully published in writing of which see Cok. lib. 5. fol. 125. a. Liberate LIberate is a Warrant issuing out of the Chancery to the Treasurer Chamberlains and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any yearly Pension or other Sum granted under the Great Seal Regist orig 193. Sometimes to the Sheriffs c. Fitzh N. B. fol. 132. for the delivery of Lands or Goods taken upon Forfeiture of a Recognizance F. N. B. 131 132. Cok. lib. 4. Fulwoods Case fol. 64 66 67. Also to a Gaoler from the Justices for the delivery of a Prisoner that hath put in Bail for his Appearance There is also another Writ made out of the Petry-bag Office in Chancery upon a Statute Staple after an Extent thereupon retorned by which the Sheriff retorns he has delivered the Land extended to the Cognizee which being filed he may then not before bring his Action of Ejectment to recover possession of the Lands extended Libertate probanda LIbertate probanda Look for that in the Title Nativo habendo Librata Terrae LIbrata Terrae contains four Ox-gangs and every Oxgang 13 Acres of Land Skene de verb. signif verbo bovata Terrae Lien LIen is a word of two significations Personal lien and come being Covenant or Contract And real lien as Judgment Statute Recognizance or an Original against an Heir which oblige and affect the Land Ligeance LIgeance is a true and faithful Obedience of the Subject due to his Soveraign and this Ligeance which is an incident inseparable to every Subject is in four manners the first is natural the second acquired the third local and the fourth legal Of all which you may read much excellent Learning in Cok. lib. 7. Calvins Case Limitation LImitation is an Assignment of a space or time within which he that will sue for any Lands or Hereditaments ought to prove that he or his Ancestor was seised of the thing demanded or otherwise he shall not maintain his Suit or Action which Assignments are made by divers Statutes As the Statute of Merton cap. 8. Westm 1. cap. 38. 32 Hen. 8. cap. 2. c. Livery of Seisin LIvery of Seisin is a Ceremony used in Conveyance of Lands and Tenements where an Estate in Fee-simple fee-Fee-tail or a Free-hold shall pass And it is a Testimonial of the willing departing of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing Acceptance by the other party of all that whereof the other hath devested himself And it was invented as an open and notorious thing by means whereof the common People might have knowledge of the Passing or Alteration of Estates from man to man that thereby they might be the better able to try in whom the right and possession of Lands and Tenements were if they should be impanelled in Juries or otherwise have to do concerning the same The common manner of Delivery of Seisin is thus If it be in the open Field where is no Building or House then one that can read takes the Writing in his hand if the Estate pass by Deed and declares to the standers by the cause of their meeting there together c. and then openly reads the Deed or declares the effect thereof and after that is sealed the party who is to depart from the Ground takes the Deed in his hands with a Clod of the earth and a Twig or Bough if any be there which he delivers to the other party in the name of Possession or Seisin according to the form and effect of the Deed there read or declared But if there be a Dwelling-house or Building upon the Land then this is done at the Door of the same none being left at that time within the House and the party delivers all aforesaid with the Ring of the Door in the name of Seisin or Possession and he that receives the Livery enters in first alone and shuts the door and presently opens it again and lets them in c. If it be a House whereto is no Land or Ground the Livery is made and Possession taken by the delivery of the Ring of the Door and Deed only And where it is without Deed either of Lands or Tenements there the party declares by word of mouth before witness the Estate that he means to depart with and then delivers Seisin or Possession in manner aforesaid And so the Land or Tenement doth pass as well as by Deed and that by force of the Livery of Seisin It was agreed in Gray's Inne by Master Snagge at his Reading there in Summer Anno 1574. That if a Feoffor deliver the Deed in view of the Land in name of Seisin that is good because he hath a Possession in himself But otherwise it is of an Attorney for he must go to the Land and take Possession himself before he can give Possession to another according to the words of his Warrant c. And where Livery of Seisin is by View if the Feoffee do not enter after c. nothi â— g passes for he ought to enter in Deed. Lollards LOllards were Dogmatists in Religion in the times of E. 3. and H. 5. and in those times were reputed Hereticks as appears by the Statutes in 5. R. 2. cap. 5. and 2 H. 5. cap. 7. Which Statutes you shall find repealed in 1 E. 6. cap. 12. and 1 El. cap. 1. They had their name as some think from one Gualter Lolhard a German who lived about the year 1315. and was the first Author
of 13 R. 2. cap. 2. and 1 H. 4. c. 7. 14. the Marshal of the Kings House of whom you may read F. N. B. f. 241. B. and in the Statute of Artic. sup Chart. c. 3. 18 E. 3. c. 7. 2 H. 4. c. 23. 15 H 6. c. 1. and others There are also other inferior Marshals mentioned in our Books as the Marshal of the Kings Bench in the Statute of 5 E. 3. c. 8. and F. N. B. f. 251. l. who hath the custody of all the Prisoners of that Court and the Marshal of the Exchequer mentioned in the Statute of 51 H. 3. Stat. 5. called the Statute of the Exchequer Marshal is a French word and is as much to say as Master of the Horse for it seems to come of the German Marschalk which hath that signification Marshalsea MArshalsea is the Court or Seat of the Marshal of the Kings House of which you may read at large in Coke l. 6. f. 20. B. l. 10. f. 68. B. It is also taken for the Prison belonging to the Court of the Kings Bench of which the Marshal of that Court is the Keeper for so are the forms of the Bills there that A complains of B in the custody of the Marshal of the Marshalsea of our Lord the King c. Maugre MAugre is a word compound of two French words Mal and Gree so that it is as much as to say with an unwilling mind or in despight of another And so it is used in Littleton sect 672. where it is said that the Husband and Wife shall be remitted maugre the Husband that is in despight or against the will of the Husband Maximes MAximes are the Foundations of the Law and the Conclusions of Reason and are Causes efficient and certain universal Propositions so sure and perfect that they may not be at any time Impeached or Impugned but ought always to be observed and holden as strong Principles and Authorities of themselves although they cannot be proved by force of Argument or Demonstrations Logical but are known by Induction by the way of Sense and Memory For example it is a Maxime that If a man have Issue two Sons by divers women and the one purchases Lands in Fee and dies without issue the other shall never be his Heir c. And it is another Maxime that Lands shall discend from the Father to the Son but not from the Son to the Father for that is an Ascension c. And divers such there are whereof see Doctor and Student Maynour MAynour is when a Thief hath stollen and is followed with Hue and Cry and taken having that found about him which he stole that is called Maynour And so we commonly use to say when we find one doing of an unlawful act that we took him with the maynour or manner Meane MEane See Mesne Mease MEase or Messuage seems to come from the French word Maison or Mansion which is no other but a Place of abiding or habitation And yet Messuage in our Law contains more then the very place of habitation for a House and a Messuage differ in that a House cannot be intended other then the matter of Building but a Messuage shall be said all the Mansion-place and the Curtelage shall be taken as parcel of the Messuage 20 H. 7. Keloway fol. 57. a. And by the name of a Messuage the Garden and Curtelage shall pass Plowden fol. 171. a. Measondue MEasondue is an Appellation of divers Hospitals in this Kingdom which are so named Anno 2 3 P. M. cap. 23. 15 Car. 2. c. 7. And it comes of the French Maison de Dieu and is no more but Gods House in English Medietas Linguae MEdietas Linguae is an Inquest Impannelled upon any cause whereof the one half is of Denizens the other Strangers and it is used in Pleas between parties whereof one is a Denizen and the other a Stranger And this manner of Trial was first given by the Statute of 27 E. 3. Stat. 2. cap. 8. And by the Statute of 28 E. 3. c. 13. it was granted in cases where the King himself was party with an Alien Melius inquirendo MElius inquirendo is a Writ directed to the Escheator for a second Inquiry to be made when there is any doubt made of partiality in an Inquiry made upon a Diem clausit extremum after the death of the Kings Tenant See F. N. B. f. 255. C. Merchenlage MErchenlage is one of those three Laws out of which William the Conqueror framed our Common Laws with a mixture of the Laws of Normandy And it was the Law of the Mercians when they had the Government of the third part of this Realm Mesnalty MEsnalty is the right of the Mesne as the Mesnalty is extinct Old Nat. Br. f. 44. Mesne MEsne is where the Owner of Lands or Tenements holds of one by certain Services and he holds them of another by like or other Services then he who holds the Lands is called Tenant paravail and he of whom it is held is called Mesne and he of whom the Mesue holds is called chief Lord or Lord Paramount And in this case if the Lord above distrains the Tenant for the Service of the Mesne who ought to aequit him to the chief Lord then the Tenant shall have a Writ of Mesne so called against the Mesne and if he acquit not the Tenant then the Mesne shall lose the Service of the Tenant and shall be forejudged of his Seigniory and the Tenant shall be immediate Tenant to the chief Lord and shall do him the same Service and Suits as the Mesne did Messuage MEssuage See Mease Metropolitane MEtropolitane signifies the Arch-bishops of whom Centerbury is stiled Totius Angliae Primas Metropol And York the like Title without the word Totius Miscreant MIscreant is one who is perverted to Heresie or a faise Religion Bro. Presentation 54. Mise MIse is a French word and signifies as much as Expensum in Latine and it is so ordinarily used in the Entries of Iudgments in Personal Actions when the Plaintiff recovers the Entry is that Recuperet damna sua to such a value and pro misis custagis for Costs and Charges so much There is also another acception or signification of this word in the Law where it is taken for the Issue to be tried by Battail of Grand Assise And so it is used in Littleton sect 478. 482. and divers others where joyning of the Mise upon the meer right is putting it in Issue who hath the best or clearest right Misericordia MIsericordia is used in the Common Law for an Amerciament or Mulct set upon any for an offence as where the Plaintiff or Defendant in any Action are amerced the Entry is always Ideo in misericordia c. And it is therefore called Misericordia as Fitzh says N. B. fol. 75. H. for that it should be but small and less then the fault and saving his Contenement as
happen in their Circuit which without this Commission they could not do See Fitzh N. B. fol. 110. b. P. Paine fort dure PAine fort dure is an especial Punishment for such as being arraigned for Felony refuse to put themselves upon the common Trial of God and the Country and thereby are Mute or as Mute in Law See this at large in Stamford Pl. Cor. fol. 150. Palace Court PAlace-Court is a Court of Record erect by King James by his Letters Patents and held at Southwark and is a Court of Common Law See Marshalsea Pannage PAnnage See Paunage Pannel PAnnel comes of the French word Panne that is a Skin signifies in our Common Law a Schedule or Roll containing the names of the Iurors which the Sheriff hath returned to pass upon any Trial. And therefore the Empannelling of the Iury is nothing but the entring of their Names into the Sheriffs Roll. Pape or Pope PApe Papa is a name that signifies Father and anciently was applyed to other Clergy-men in the Greek Church but by usage is particularly appropriated in the Latine Church to the Bishop of Rome a name very frequent in our ancient Year-Books especially in the times of those Kings who too much abandoning their Imperial Authority and abasing themselves beneath their estate suffered an Alien an Outhlandish Bishop that dwelt 1000 miles off to take from them the disposition of many Spiritual preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made while the Kingdom was of the Roman Communion but his whole Poer was not taken away till towards the latter end of Henry the Eighths Reign Paramount PAramount is compounded of two French words par and monter and it signifies in our Law the Highest Lord of the Fee For the better understanding of this see F. N. B. f. 135. M. in his Writ of Mesne Paraphernalia PAraphernalia in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praeter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dos They are Goods which a Wife challengeth above her Dower 1 Cro. Lord Hastings against Douglas Paravaile PAravaile is also compounded of two French words par and availer and signifies in our Law the lowest Tenant of the Fee who is Tenant to one that helds over of another See for the use of this word F. N. B. in his Writ of Mesne f. 135. M. Parceners PArceners are according to the course of the Common Law and according to Custom Parceners according to the Common Law are where one seised of an Estate of Inheritance of Tenements hath no Issue but Daughters and dies and the Tenements descend to the Daughters then they are called Parceners and are but as one Heir The same Law is if he have not any Issue and that his Sisters should be his Heirs But if a Man hath but one Daughter she is not called Parcener but the Daughter and Heir And if there are no Daughters nor Sisters the Land shall discend to the Aunts and they are called Parceners When Lands discend to divers Parceners they may make Partition between themselves by Agreement but if any of them will not make Partition then the others shall have a Writ de Partitione facienda directed to the Sheriff who shall make Partition between them by the Oath of xij lawful men of the Bailywick Also Partition by Agreement may be made by the Law as well by Word without Deed as by Deed. And if they are of full age the Partition shall remain for ever and shall never be defeated But if the Lands be to them in tail though they are concluded during their lives yet the Issue of him who hath the lesser part in value may disagree from the Partition and enter and occupy in common with the other part And if the Husbands of the Parceners make Partition when the Husband dies the Wife may disagree from the Partition Also if the Parcener who is within Age makes Partition when she comes to full age she may disagree But she must take good heed when she comes to her full Age that she take not all the Profits to her own use of the Lands which were to her allotted for then she agrees to the Partition and the age shall alway be intended the age of one and twenty years If there be divers Parceners that have made Partition between them and one of their parts is recovered by lawful Title then she shall compel the other to make a new Partition Parceners according to Custom are where a man is seised of Lands in Gavelkind as in Kent and other places franchised and hath issue divers Sons and dies then the Sons are Parceners by Custom Parco fracto PArco fracto is a Writ that lies against him that breaks any Pound and takes out the Beasts which are there lawfully impounded See of this F. N. B. 100. E. Park PArk is a place in which by Prescription or by the Kings Grant a Subject preservs his Game of Beasts ferae naturae See Stat. W. 1. 3 E. 1. cap. 20. Parliament PArliament See the Lord Cook 's 4th Institutes and Mr. Cowels Interpreter Title Parliament Parson imparsonee PArson imparsonee is he that is in possession of a Church appropriate or presentative for so it is used in both cases in Dyer f. 40. b. and f. 221. b. Parties PArties to a Fine or Deed are those which are named in a Deed or Fine as Parties to it as those that levy the Fine and they to whom the Fine is levied And they that make a Deed of Feoffment and they to whom it is made are called Parties to the Deed and so in many other like cases Note that if an Iudenture be made between two as Parties thereto in the beginning and in the Deed one of them grants or lets a thing to another who is not named in the beginning he is not Party to the Deed nor shall take any thing thereby Partition PArtition is a Dividing of Lands descended by the Common Law or by Custome among Co-heirs or Parceners where there are two at least whether they be Sons Daughters Sisters Aunts or otherwise of kin to the Ancestor from whom the Land descended to them And this Partition is made four ways for the most part whereof three are at pleasure and by Agreement among them the fourth is by Compulsion One Partition by Agreement is when they themselves divide the Land equally into so many parts as there are of them Coparceners and each to chuse one share or part the Eldest first and so the one after the other as they be of age except that the eldest by consent made the Partition then the choice belongs to the next and so the eldest last according as it is said Who makes the Partition the other must have the Choice Another Partition by Agreement is when they chuse certain of their Friends to make Division for them The third Partition by Agreement is by drawing Lots thus First to divide the Land into so many
Tenements but only the King in right of his Crown because all the Lands through the Realm are in nature of Fee and hold mediately or immediately of the Town This word nevertheless is used for such right in Lands and Tenements as common persons have in the same And there are three manner of rights of Property that is Property absolute Property qualified and Property possessory Of which see at large Cok. lib. 7. Case de Swans fol. 17. Proprietary PRoprietary is he that hath a Property in any thing but is most commonly used for him who hath the Profits of a Benefice to him and his Heirs or to himself and his Successors as in times past Abbots and Priors had Protection PRotection is a Writ that lies where a man will pass over the Sea in the Kings service then he shall have this Writ whereby he shall be quit of all manner of Pleas between him and any other person except Pleas of Dower Quare impedit Assise of Novel disseisin Darrein presentment and Attaints and Pleas before Iustices in Eyre But there are two Writs of Protection one cum clausula Volumus and another cum clau â— ula Nolumus as appears in the Register But a Protectiou shall not be allowed in any Plea begun before the date of it if it be 〈◊〉 in Veyages where the King himself shall pass or other Voyages Royal or in Messages of the King of affairs of the Realm Nor shall a Protection be allowed for Victual brought for the voyage whereof the Protection makes mention nor in Pleas of Trespass or of Contracts made after the date of the Protection Note that any may attach or begin any Action real against him that hath such Protection and therein proceed until the Defendant comes and shews his Protection in the Court and hath it allowed and then his Plea or Suit shall go without day But if after it appears that the party who hath the Protection goes not about the affairs for which he hath it then the Demandant shall have a Repeal thereof And if he go and return after the business ended the Demandant shall have a Resummons to recontinue the former Suit Protestation PRotestation is a form of Pleading when any will not directly affirm nor directly deny anything that is alledged by another or which he himself alledges And it is in two sorts One is when one pleads any thing which he dare not directly affirm or cannot plead for doubt to make his plea double As if in conveying to himself a Title to any Land he ought to plead divers Discents by divers persons and he dare not affirm that all they were seised at the time of their death or although he could do it it shall be double to plead two Discents of both which each by it self may be a good Bar. Then the Defendant ought to plead and alledged the matter interlacing this word protestando as to say that such a one died by Protestation seised c. And that is to be alledged by Protestation and not to be traversed by the other Another Protestation is when one is to answer to two matters and yet by the Law he ought to plead but to one then in the first part of the Plea he shall say to the one matter protestando and non cognoscendo this matter to be true and makes his Plea farther by these words Sed pro placito dicit c. And this is for saving to the party that so pleads by Protestation the being concluded by any matter alledged or objected against him upon which he cannot joyn issue and is no other but an exclusion of the Conclusion for he that takes the Protestation excludes the other party to conclude him And the Protestation ought to stand with the sequel of the Plea and not to be repugnant or otherwise contrary Provendry PRovendry in the Church of Sarum is called the lesser part of the Altar in the Church of St. Mary 41 E. 3. 5. b. Provision PRovision is used with us as it is in the Common Law for providing of a Bishop or other Ecclesiastical person of an Ecclesiastical Living by the Pope before the Incumbent of it be dead the great abuse whereof appears by several Statutes that have been made from the time of E. 3. to the reign of H. 8. for the avoiding of such Provisions Rast Entries Quare impedit Roy 17. 20. Proviso PRoviso is a Condition inserted in any Deed upon the performance whereof the validity of the Deed consists Sometimes it is only a Covenant whereof see Coke lib 2. in the Lord Cromwels Case It hath also another signification in matters judicial as if the Plaintiff or Demandant desists from prosecuting an Action and brings it not to Trial then the Defendant or Tenant may take forth the Venire facias to the Sheriff which hath in it these words Proviso quod c. to this end that if the Plaintiff takes out any Writ to this purpose the Sheriff shall summon but one Iury upon them both See Old Natura Brevium in the Writ Nisi prius fol. 159. Prov â— sor See Praemunire Proxy Procuratio PRoxy Procuratio is a payment to a Bishop by a Religious house for the charges of his visitation of such Houses Davies rep 2. Purchase PUrchase is the Possession that a man hath in Lands or Tenements by his own act means or agreement and not by title of Discent from any of his Ancestors See Littl. l. 1. c. 1. Purlue PUrlue is all the Ground near any Forrest which being made Forest by Henry the second Richard the first or King John was by Perambulations granted by Henry the third severed again from the same Manwood part 2. of his Forrest Laws c. 20. And it seems that this word is composed either of pouralle that is to go or walk about or purelieu that is a pure place because such Lands as were by those Kings subjected to the Laws and Ordinances of the Forrest are now cleared and freed from the same As the Civilians call that a pure place which is not subject unto Burials fo â—â— kewise this may be called a pure place because it is exempted from the servitude and thraldom which was formerly laid upon it Purlue man is he that hath Lands within the Purlieu and being able to dispenh forty shillings by the year of Free-hold is upon these two points licensed to hunt in his own Purlieu Manwood part 1. p. 151. 177. See now the Stat. made 1 Jac. c. 27. Purpresture PUrpresture is a wo â—â— derived from the French â— ourpr â—â— which signifies to take from another and to app â—â— priate to himself and therefore a Purpresture in a general sense is taken for any such wrong done by one man to another Purpresture in a Forrest is every Incroachment upon the Kings Forrest be it by Building Inclosing or using of any liberty without a lawful warrant so to do And of this see Manwood in his Forrest Laws
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so 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 one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions 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 And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
the Kings Debts Apparances and for observing of Orders also he takes all Obligations for any of the Kings Debts for Apparances and observing of Orders and makes out Process upon them for the breaking of them The Lord Treasurers Remembrancer makes out Process against all Sheriffs Escheators receivers and Bailiffs for their Accounts he makes the Process of Fieri sacias and Exteut for any Debts due to the King either in the Pipe or with the Auditors and he makes Process for all such revenue as is due to the King by reason of his Tenures The Remembrancer of the First Fruits takes all Compositions for First fruits and Tenths and makes Process against such as pay not the same Of these Officers see more in Dalton's Book of the Office and Authority of Sheriffs f. 186. Remitter REmitter is when a man hath two Titles to any Land and he comes to the Land by the tast Title yet he shall be judged in by force of his elder Title and that shall be said to him a Remitter As if Tenant in tail discontinue the Tail and after disseises his discontinuee and dies thereof seised and the Lands discend to his issue or Cousin inheritable by force of the Tail in that case he is in his Remitter that is to say seised by force of the Tail and the Title of the Discontinuee is utterly adnulled and defeated And the reason and cause of such Remitter is for that such an Heir is Tenant of the Land and there is no person Tenant against whom he may sue his Writ of Formedon to recover the Estate tail for he may not have an Action against himself Also if Tenant in tail infeoff his Son or Heir apparent who is within age and after dies that is a Remitter to the Heir but if he were full of age at the time of such Feoffment it is no Remitter because it was his folly that he being of full age would take such a Feoffment If the Husband alien Lands that he hath in right of his wife and after take an Estate again to him and to his Wife for term of their lives that is a Remitter to the Woman because this Alienation is the act of the Husband and not of the Woman for no folly may be adjudged in the Woman during the life of her Husband But if such Alienation be by Fine in Court of Record such a taking again afterward to the Husband and Wife for term of their lives shall not make the Woman to be in her Remitter for that in such a Fine the Woman shall be examined by the Iudge and such Examination in Fines shall exclude such women for ever Also when the Entry of any man is lawful and he takes an Estate to him when he is of full age if it be not by Deed indented or matter of Record which shall estop him that shall be to him a good Remitter Rents REnts are of divers kinds that is Rent-service Rent-charge and Rent-secke Rent-service is where the Tenant in Fee-simple holds his Land of his Lord by Fealty and certain Rent or by other service and rent and theu if the rent be behind the Lord may distrain but shall not have an Action of Debt for it Also if I give Land in tail to a man paying to me certain Rent that is Rent-service But in such case it behoves that the reversion be in the Donor For if a man make a Feoffment in fee or a Gift in tail the remainder over in Fee without Deed reserving to him a certain rent such reservation is void and that is by the Statute Quia emprores terrarum and then he shall hold of the Lord of whom his Donour held But if a man by Deed indented at this day make such Gift in tail the remainder over in fee or lease for term of life the remainder over or a Feoffment and by the same Indenture reserve to him rent and that if the rent be behind it shall be lawful for him to distrain that is Rent-chage But in such case if there be no clause of Distress in the Deed then such a rent is called Rent-seck for which he shall never distrain but if he were once seised he shall have Assise and if he were not seised he is without remedy And if one grant a rent going out of his Land with clause of Distress that is a Rēt-charge and if the rent be behind the Grantee may chuse to distrain or sue a Writ of Annuity but he cannot have both for if he bring a Writ of Annuity then the Land is discharged And if he destrain and avow the taking in Court of Record then the Land is charged and the person of the Grantor discharged Also if one grant a Rent charge and the Grantee-purchases half or any other part or parcel of the Land all the Rent is extinct But in Rent service if the Lord purchase parcel of the Land the Rent shall be apportioned If one hath a Rent charge and his Father purchase parcel of the Land and that parcel discends to the Son who hath the Rent charge then the Rent shall be apportioned according to the value of the Land as it is said of Rent-service because the Son comes to that not by his own act but by discent Also if I make a Lease for term of years reserving to me a certain Rent that is called a Rent service for which it is at my liberty to distrain or to have an Action of Debt but if the Lease be determined and the Rent behind I cannot distrain but shall be put to my Action of Debt And note well that if the Lord be seised of the Service and Rent aforesaid and they be behind and he distrain and the Tenant rescues the Distress he may have Assise or a Writ of Rescous but it is not more necessary for him to have Assise then a Writ of Rescous for that by Assise he shall recover his Rent and his Dammages but by a Writ of Rescous he shall recover only Dammages and the thing distrained shall be reprised If the Lord be not seised of the Rent and Service and they be behind and he distrain for them and the Tenant take again the Distress he shall not have Assise but a Writ of Rescous and the Lord shall not need to shew his right If the Lord cannot find a Distress in two years he shall have against the Tenant a Writ of Cessavit per biennium as it appears by the Statute of Westm 2. cap. 21. And if the Tenant die in the mean time and his Issue enter the Lord shall have against the Issue a Writ of Entry upon Cessavit or if the Tenant alien the Lord shall have against the Alienee the foresaid Writ But if the Lord have Issue and die and the Tenant be in arrearages of the said Rent and Service in the time of the Father and not in the time of the Issue he may not distrain for the Arrearages in the time of
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest
same Statute And when any Waste or destruction is made by the Recognisee his Executors or him that hath his Estate the Recognisor or his Heirs shall have the same Law as is before said of the Tenant by Elegit If Tenant by Statute-Merchant hold over his term he that hath right may sue against him a Venire fac ' ad computandum or else enter immediately as upon Tenant by Elegit See the Statute 11 E. 1. and of Acton Burnel and 13 E. 1. De Mercatoribus Starr-chamber STarr-chamber was an High Court held in the Star-Chamber at Westm before the King Peers and Iudges abolished per Stat. 17 Car. cap. 10. Sterbrech STerbrech alias Strebrech is the Breaking Obstructing or or making less of a Way Stilyard STilyard is a word used in the Statute of 22 H. 8. chap. 8. where the Ha â— se-Merchants are called the Merchants of the Sti yard which is a place in London where these Merchants or their Brotherhood had their thode And the House is said to be so called because bullt upon a Court-yard near the Thames where Steel was wont to be much sold Sub poena SUb poena is the name of a Writ made in divers Courts of Law and Equity viz. in Chancery and all other Courts to summon Witnesses and in that Court and in the Exchequer in Law and Equity and in the Common Pleas upon Informations qui tam c. to summon Defendants and in the Crown Office upon Informations Suffragan SUffragan is a word used in the Statut of 26 H. 8. cap. 14. and signifies a Titular Bishop appointed to aid and assist the Bishop of the Diocess in his Spiritual Function And he is called Suffraganeus in Latin because by his Suffrage Ecclesiastical Causes are to be adjudged Suggestion SUggestion is an Information drawn in Writing shewing cause to have a Prohibition which is left in Court and is mentioned in the Statute 2 E. 6. cap. 13. Sumage SUmage seems to be Toll for Carriage on Horseback Cro. Jurisd f. 191. Summons ad Warrantizandum c. SUmmons ad Warrantizandum and Sequatur sub suo periculo See of them after in the Title Voucher Supercargo ou Supracargo SUpercargo ou Supracargo is a Factor or Agent which goes with a Ship beyond the Seas by order of the Owner of the Wares therein and disposes thereof And the Master of the Ship is obliged to perform the Orders of such Factor or Supereargo Supersedeas SUpersedeas is a Writ that lies in divers cases as appears by F. N. B. f. 236. A. but it is always a command to stay some ordinary Proceedings in Law which ought otherwise to proceed Supplicavit SUpplicavit is a Writ issuing out of the Chaucery directed to the Sheriff and some Iustices of the Peace in the County or to one or more Iustices without the Sheriff for taking Surety of such a one as it is prayed against that he should keep the Peace and this is by the Statute of 1 E. 3. c. 16. See F. N. B. f. 80. C and see the Stat. 21 Jac. c. 8. Sur cui in vita SUr cui in vita is a Writ that lies for the Heir of an Inheritrix whose Husband aliened the Inheritance of his Wife and the Wife died before she recovered in a Cui in vita See for this F. N. B. 194. C. Surplusage SUrplusage comes of the French Surplus that is an Overplus and signifies in the Law an Addition of more then needs which sometimes is the cause that a Writ shall abate but in pleading many times it is absolutely void and the residue of the Plea shall stand good Surrejoynder SUrrejoynder is an Answer to the Defendants Rejoynder or a second inforcing of the Plaintiffs Declaration Surrender SUrrender is the Consent of a particular Tenant that he in the Reversion or the Remainder shall presently have the possession And this is either Surrender in Deed by an actual yielding up of the Estate or in Law by the taking of the new Lease or such other act See of this Perkins c. 9. Also it is an act done to the Lord of a Mannor or his Steward of a Copy-hold Estate or done by special Custom of some Mannors to two Copy-hold Tenants of Mannors which surrender ought to be presented at the next Court Baron Swainmote SWainmote or Swannimote is a Court held thrice in a year within a Forrest by the Statute of Charta de Foresta c. 8. for all the Free-holders of the Forrest for so much the Etymology of the word imports Mote in the Norman speech signifying a Court and Swain in the Saxon a Charterer or Free-holder so that Swannimore is the Court of the Free-holder See of this Manwoods Forrest Laws cap. 23. f. 217 c. at large Swainmote in this Court Presentments of Offences done to the Forrest or Game are made given into the Iustices in Eyre Syb Som. SYb Som i. Peace and Security L. L. Eccles. Canuti Regis c. 17. Symony SYmony is an unlawful Contract made to have a man presented to a Rectory or Vicarage which is prohibited by Stat. 31 Eliz. cap. 6. T. Fee-tail TO hold in the Tail is where a man holds certain Lands or Tenements to him and to his Heirs of his Body begotten If the Land be given to a man and to his Heires males and he hath Issue male he hath Fee-simple which was adjudged in Parliament But where Lands are given to a man and to his Heirs males of his body begotten then he hath Fee-tale and the issue Female shall not inherit as appears in the 14 year of E. 3. in an Assise 18 E. 3. 45. fee-Fee-tail is where the Land is given to a Man and the Heirs of his Body begotten and he is called Tenant in Taile general If Lands are given to the Husband and Wife and the Heirs of their two Bodies begotten then the Husband and the Wife are Tenants in Tail especial And if one of them die he that survives is Tenant in Tail after possibility of issue extinct and if he make Waste he shall not be impeached for it See Littleton But if the King give Lands to a man to his Heires males and the Donee dies without issue male then the Cousin collateral of the Donee shall not inherit but the King shall re-enter and so it was adjudged in the Exchequer-chamber 18 H. 8. in an Information made against the Heir of Sir T. Lovel Knight Tail after possibility TO hold in the Tail after possibility of Issue extinct is where Land is given to a Man and his Wife and the Heirs of their two Bodies engendred and one of them overlives the other without issue between them begotten he shall hold the Land for term of his own life as Tenant in the Tail after possibility of Issue extinct and notwithstanding that he do Waste he shall never be Impeached of it And if he alien he in the Reversion shall not have a Writ of Entry in consimili casu
but he may enter and his Entry is lawful by R. Thorpe chief Justice 28 E. 3. 96. 45 E. 3. 25. Tales TAles is a Supply of men impannelled upon a Iury or Inquest and not appearing or at their appearance challenged for the Plaintiff or Defendant as not indifferent and in this case the Iudge upon Petition grants a Supply to be made by the Sheriff of some nien there present equal in Reputation to those that are impanneled and hereupon the very act of supplying is called a Tales de circumstantibus This Supply may be one or more and of as many as shall either make Default or else be challenged by each party Stamf. Plac. Cor. l. 3. c. 5. Howbeit he that hath had one Tales either upon default or challenge though he may have another yet he may not have the latter to contain so many as the former for the first Tales ought to be under the number of the principal Pannel except in a cause of Appeal and so every Tales less then other until the number be made up of men present in Court and such as are without exception to the party or parties See Stamford in the place before where you may find some exceptions to this general Rule See Brook f. 105. and Coke l. 10. f. 99. Bewfages Case Talwood TAlwood is a term used in the Statutes of 34 35 H. 8 c. 3. and 7 E. 6. c. 7. and 43 Eliz. cap. 14. and signifies such Wood as is cut into shore Billets for the sizing whereof those Statutes were made Tax and Tallage TAx and Tallage are Payments as Tenths Fifteens Subsidies or such like granted to the King by Parliament The Tenants in Ancient demesne are quit of these Taxes and Tallages granted by Parliament except the King to tax Ancient demesne as he may when he thinks good for some great cause See Ancient demesne Tenant Paravail TEnant Paravail See Paravail Tender TEnder is an act done to save a penalty of a Bond and of Mony for Rent or Contract before Distress or Action brought and where it may be pleaded and where refusal is peremptory Vide Coke 1 Institut 207 208 211. uncore prist Tenure in Capite TEnure in Capite is where any hold of the King as of his Person being King and of his Crown as of a Lordship by it self in gross and in chief above all other Lordships And not where they hold of him as of any Mannor Honor or Castle except certain ancient Honors which appears in the Exchequer See the Stat. 12 Car. 2. cap. 24. Term of years TO hold for term of years is but a Chattel in effect 〈◊〉 no Action is maintainable against the Termour for recovery of the Free-hold no Free-hold being in him A Lease for Term of years is a Chattel real and all Goods which are removeable are Chattels personal Testament TEstament is thus defined in Plowdens Commentaries A Testament is a Witness of the mind and is compounded of these two words Testatio and Mentis which so signifie Truth it is that a Testament is witness of the mind but that it is a compound word Aulus Gelius lib. 6. cap. 12. doth deny to an excellent Lawyer Servius Sulpitius and saith it is a simple word as are these Calceamentum Paludamentum Paviamentum and divers such like And much less is Agreeamentum a compound Word of Aggregatio and Mentium as is said before in the Title of Agreement for there is no such Latine word simple or compound but it may nevertheless serve well for a Law-Latine word And therefore thus it may better be defined A Testament is the true Declaration of our last Will in that we would to be done after our death c. Of Testaments there are two sorts namely a Testament in Writing and a Testament in Words which is called a Nuncupative Testament which is when a Man being sick and for fear lest death want of memory or speech should come so suddenly upon him that he should be prevented if he staid the writing of his Testament desires his Neighbors and Friends to bear witness of his last Will and then declares the same presently by words before them which after his decease is proved by Witnesses and put in writing by the Ordinary and then stands in as good force as if it had at the first in the life of the Testator been put in Writing except onely for Lands which are not devisable but by a Testament put in Writing in the Life of the Testator Thanus THanus is a word which sometimes signifies a Noble-man sometimes a Free-man a Magistrate an Officer or Minister Lambert in the word Thanus Skene saith it is a name of dignity and appears to be equal with the son of an Earl And Thanus was a Free-holder holding his Lands of the King and a man taken with the manner accused of Larceny no sufficient proof being brought against him must purge himself by the Oath of 27 men or 3 Thanes The Kings Thanage signifies a certain part of the Kings Lands or property whereof the rule and government appertains unto him who therefore is called Thanus for the Kings Demains and the Kings Thanage signifies one and the same thing Theftbote THeftbote is when a man takes any Goods of a Thief to favor and maintain him and not when a man takes his own Goods that were stoln from him c. The punishment in ancient time of Theftbote was of Life and member But now at this day Stamford saith it is punished by Ransom and Imprisonment But enquire farther for I think it is Felony Them THem that is That you shall have all the generations of your Villains with their Suits and Cattel wheresoever they shall be found in England except that if any Bond-man shall remain quiet one year and a day in any Priviledged Town so that he shall be received into their Communalty or Guild as one of them by that means he is delivered from Villenage Tithes TIthes See Dismes Title TItle is where a lawful cause is come upon a Man to have a thing which another hath and he hath no Action for the same as Title of Mortmain or to enter for breach of Condition Title of Entry TItle of Entry is when one seised of Land in Fee makes a Feoffment thereof upon Condition and the Condition is broken after which the Feoffor hath Title to enter into the Land and may so do at his pleasure and by his Entry the Free-hold shall be said to be in him presently And it is called Title of Entry because he cannot have a Writ of Right against his Feoffee upon Condition for his right was out of him by the Feoffment which cannot be reduced without Entry and the Entry must be for the breach of the Condition Toft TOft is a place wherein a House once stood but is now all fallen or pulled down Tol or Tolne TOl or Tolne is most properly a payment used in Cities Towns Markets and
the View that is that he may see the Land which he claims But if the Tenant hath had a View in one Writ and after the Writ is abated in misnaming the Town or by Ioyntenure and after the Demandant brings another Writ against the Tenant then the Tenant shall not have the View in the second Writ View of Frank pledge VIew of Frank pledge Visus franci plegii is the power to hold a Turn or Leet in which Courts every Free-man in ancient time became bound with Sureties at the age of fourteen years for his Truth to the King and his Subjects and thereupon those Courts were called the View of the free Pledges that is of such Free-men as were Pledges or Sureties one for another See Deciners Vi Laica removenda VI Laica removenda is a Writ that lies where Debate is between two Parsons or Provisors for a Church and one of them enters into the Church with great power of Lay-men and holds the other out with force and arms he that is holden out shall have this Writ directed to the Sheriff that he remove the Power which is within the Church and the Sheriff shall be commanded that if he find any men there withstanding he take with him the Power of his County if need be and arrest the Bodies of all those that resist and put them in Prison so that he have their Bodies before the King at a certain day to answer the Contempt And this Writ is returnable and shall not be granted before the Bishop of the place where such Church is hath certified in the Chancery such Resisting and Force Villain and Villainage TO hold in pure Villainage is to do all that that the Lord will him command The division of Villainage is Villain of Blood and of Tenure And he is a Villain of whom the Lord takes Redemption to marry his Daughter and to make him Free and it is he whom the Lord may put out of his Lands or Tenements at his will and also of all his Goods and Chattels A Sockman is no pure Villain nor does a Villain owe Ward Marriage or Relief nor does he any other Services real Tenure in Villainage shall make no Free-man Villain if it be not continued time out of mind nor shall Villain Land make a Free-man Villain nor Free-land make Villain Free except the Tenant have continued Free beyond the time of memory But a Villain shall make Free-land Villain by Seisin or by Claim of the Lord. If a Villain purchase Land and take a Wife and alien and dies before the Claim of Seisin of the Lord the Wife shall be endowed In case the Lord bring a Praecipe quod reddat against the Alience of his Villain who vouches to warrant the Issue of the Villain which is Villain to the Lord he shall have the Voucher And by protestation the Lord may notwithstanding he plead with his Villain save his Villain from being infranchised A Bastard shall not be judged Villain but by knowledge in Court of Record If Debt be due by a Lord to a Free-man and he makes two Men his Executors who are Villains to the said Lord and dies the Villains shall have an Action of Debt against their Lord. And notwithstanding that he plead with them and if he make Protestation they shall not be thereby infranchised for that they are to recover the Debt to the use of another person that is to say their Testator and not to their own use And if the Tenant in Dower have a Villain who purchases certain Land in Fee and after the Tenant in Dower enters she shall have the Land to her and her heirs for ever And the same Law is of Tenant for term of years of a Villain The Lord may rob beat and chastise his Villain at his will save only that he â— ay not maim him for then he shall have an Appeal of Maihem against him A Villain may have three Actions against his Lord that is to say an Appeal of the death of his Ancestor an Appeal of Rape done to his Wife and an Appeal of Miahem If two Parteners bring a Writ of Niefty and one of them be Nonsuit the Nonsuit of him shall be judged the Nonsuit of both so that if that Nonsuit be after Appearance they shall be barred from that Action for ever for such is the Law in favor of Liberty If two have a Villain in common and one of them makes him a Manumission he shall not be made free against both In a Writ de Nativo habendo it behoves that the Lord shew how the Defendant comes to be privy of the Blood of the Villain of whom he is Lord c. And if he nor any of his Aucestors were seised of any of his Blood he shall not gain by his Action if the Villain have not acknowledged himself in Court of Record to be his Villain In a Writ of Niefty may not be put more Niefs then two and this was first introduc'd in hatred of Bondage But in a Writ de Libertate probanda may be put as many Niefes as the Plaintiff will If the Villain be fled into Ancient Demesne of the King or other Town priviledged within a year and a day the Lord may seise him and if he dwell in the same Town or other place Franchised by a year and a day without seisin of the Lord he hath no power to seise him after if he go not out of the foresaid Franchise Some are Villains by title of Prescription that is to say that all their Blood have been Villains regardants to the Mannor of the Lord from time out of mind And some are made Villains by their Confession in a Court of Record Also the Lord may make a Manumission to his Villain and enfranchise him for ever If a Villain bring any Action against his Lord other then an Appeal of maihem and the Lord without protestation make answer to it by this the Villain is made free Also if a Villain purchase Land and hath Goods and sell the Goods and Lands before any Entry or Seisin made by the Lord the sale is good But the King Lord of a Villain in such case may enter and seise the Land after such sale made For no time runs against the King Note that this Title and Tenure are abolished by the Statute of Car. 2. R. Villanous judgement VIllanous judgment is that which is given upon an Indictment of Conspiracy viz. that the party found guilty shall lose the benefit of the Law shall never more be sworn in Iuries or Assises nor admitted to give any Testimony cise where and if he have to do in the Kings Courts he shall come by Attorney and not in person that his Lands Goods and Chattels shall be seised in the Kings hands and estreaped if he find not the more favor and his Trees digg'd up and his Body imprisoned See 24 E. 3. fol. 34. b. 27 Ass pl. 59. Virgata terrae VIrgata terrae
claims by purchase from the first Feoffee but for the Heir to the first Feoffee Contributione facienda COntributione facienda is a Writ that lies where there are divers Parceners and he who hath the part of the eldest makes all the suit to the Lord the others ought to make Contribution to him and if they will not he shall have against them this Writ In some cases the Heir shall have Contribution and in others not but shall be alone charged For if a man be seised of three Acres of Land and acknowledges a Recognizance or Statute c. and infeoffs A. of one Acre and B. of another Acre and the third discends to his Heir if Execution be sued against the Heir only he shall not have Contribution against any Purchasor yet he is charged as Terre-tenant and not as Heir for the Land and not himself is charged Yet if a man be seised of two Acres the one of the nature of Borough-English and binds himself as before and dies having issue two daughters who make partition in this case if the one be charged he shall have Contribution for as one Purchasor shall have Contribution against others and against the Heir of the Conusee also so one Heir shall have Contribution against another Heir for they are in equal degree Also if a man be so bound and after his death some of his Land descends to the Heir of the part of the father and some to the Heir of the part of the mother the one alone shall not be charged but if he be he shall have Contribution In Dower if the Tenant vouches the Heir in ward to three several Lords each of them shall be equally charged If two four or more men be severally seized of Land and they all joyn in a Recognisance in this case the Conusee cannot extend the Land of any of the Conusors alone but all ought equally to be charged for though the Land of the Conusor himself may be only extended when divers men have purchased any of the Land subject to the Recognisance because the Purchasor is in another degree then the Conusor himself yet one of the Conusors shall not be solely charged for he stands in equal degree with the other Conusors Also the tertenant of a Debtor upon an extent shall have contribution of the Heir of the Debtor which see 1 Cro. Eyer against Taunton If Iudgement be given against two Disseisors in Assise for the Land and damages and one Disseisor dies the Execution shall not be awarded against the surviving Disseisor that was party to the wrong but as well the Heir as the Disseisor shall be equally charged But otherwise it is in personal binding as if two are bound in an Obligation there the charge shall survive And where it is said that the one Purchasor shall have Contribution it is not thereby intended that the others shall give or allow unto him any thing by way of Contribution but it ought to be intended that the party that is solely extended for all may by an Audita querela or Scire Facias as the case requires defeat the Execution and thereby shall be restored to all the mean profits and force the Conusee to sue Execution of all the Land so in this manner every one shall be contributory viz. the Land of every Terre-Tenant shall be equally extended Convocation COnvocation is commonly taken for the Assembly of all the Clergy to consult of Exclesiastical matters in time of Parliament And as there are two Houses of Parliament so there are two places called Convocation-houses 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 Vide Prolocutor Conusance COnusance of Plea is a Priviledge that a City or Tenant hath by the Kings grant to hold Plea of all Contracts and of Lands within the precinct of the Franchise and that when any man is impleaded for any such thing in the Court of the King at Westm the Mayors or Bayliffs of such Franchises or their Atturneys may ask Conusance of the Plea that is to say that the Plea and the matter shall be pleaded a â— d determined before them But if the Court at Westminster be lawfully seised of the Plea before Conusance be demanded then they shall not have Conusance for that Suit because they have neglected their time of demand thereof but this shall be no bar to them to have Conusance in another Action for they may demand Conusance in one Action and omit it in another at their pleasure And note that Conusance lies not in Prescription but it behoves to shew the Kings Letters Patents for it Coparceners COparceners See Parceners Copyhold COpyhold is a Tenure for which the Tenant hath nothing to shew but the Copies of the Rolls made by the Steward of his Lord's Court For the Steward as he inrolls all other things done in his Lords Court so he doth also such Tenants as are admitted in the Court to any parcel of Land or Tenements belonging to the Manor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant takes from him and keeps as his only Evidence Coke l. 4. fol. 25. This Tenure is called a Base Tenure because it holds at the will of the Lord Kitchen fol. 80. Fitzh Nat. Brev. f. 12. b. c. who saith it was wont to be called Tenure in Villenage and that this Copyhold is but a new name Yet it is not simply at the will of the Lord but according to the Custome of the Manor so that if a Copiholder break not the Custome of the Manor and thereby forfeit his Tenure he seems not so much to stand at his Lords courtesie for his right as to be displaced when he pleases The Customes of Manors are infinite varying in one point or other almost in every several Manor First some Copyhold is fineable and some certain That which is fineable the Lord rates at what Fine he pleases when the Tenant is admitted unto it that which is certain is a kind of inheritauce and called in many places Customary because the Tenant dying and the Hold being void the next of bloud paying the customary Fine cannot be denied admittance Secondly some Copyholders have by Custome the Woods growing upon their own Land which by the Law they cannot have Thirdly there are Copy-holders that hold by the Vierge in Ancient demesne and although they hold by Copy yet they are in nature of Free-holders for if such a one commit Felony the King hath the year day and waste as in case of Free-hold Some others hold by Common Tenure called mere Copyhold and if they commit Felony their Land presently escheats to the Lord of the Manor West part 1 l. 2. sect 646. defines a Copyholder thus Tenant by Copy of Court-roll is he who is admitted Tenant of any Lands or Tenements within a Manor which time without
the memory of man by use and custome of the said Manor have been dimisable to such as will take the same in fee fee-fee-tail for life years or at will according to the Custom of the said Manor by Copy of Court-roll Coraage COraage is an Imposition extraordinary growing upon some unusual occasion and seems to be of certain Measures of Corn. Bract. l. 2. c. 16. num 6. uses Corus tritici for a measure of Corn and in the same Chapter numb 8. hath these words There are certain common Protestations which are not called Services neither do they arise from Custom unless some necessary occasion happen or that the King comes such are Hidage Coraage and Caruage and many others which are performed in cases of necessity by the common consent of the whole Kingdom and which appertain not to the Lord of the Fee nor is he bound to acquit his Tenant thereof unless he hath especially tied himself thereto by his own Deed. Cordwayner COrdiner or Cordwayner comes from the French Cordvannier that is a Shoomaker from a kind of Leather which the French-men call Cordovan And it is a word much used in our Statutes as in those of 3 H. 8 c. 10. 5 H. 8. c. 7. 1. Jac. c. 22. Cornage COrnage is a kind of Grand Serjeanty the Service of which Tenure is to blow an Horn when any Invasion of the Northern enemy is perceived And by this many Northward held their Land about the Wall commonly called the Picts Wall Cambdens Brit. ê‘ag 609. See Littleton fol. 35. where he saith That in the Marches of Scotland some hold of the King by Cornage that is to say by blowing a Horn to warn the Country when they hear that the enemies will come which Service is Grand Serjeanty Corodie COrodie is an Allowance of Meat Bread Drink Money Cloathing Lodging and such like necessaries for sustenance It is sometimes certain where the certainty of things is set down sometimes uncettain where the certainty is not set down which he shall have And some of them began by Grant made by one man to another and it may be for life years in tail or in fee and some Corodies are of common right as every Founder of Abbeys and other Houses of Religion had authority to assign such in the same Houses for Father Brother Cousin or other that he would appoint if it were a House of Monks and if he were Founder of a House of Nuns then for his Mother Sister or other woman and always this was provided for that he that had a Corodie in a House of Monks might not send a woman to take it nor where Corodie was due in a Nunnery there it was not lawful to appoint a man to receive it for in both cases such Presentation was to be rejected And this Corodie was due as well to a common person Founder as where the King himself was Founder But where the House was holden in Frankalmoigne there the Tenure it self was a discharge of Corodie against all men except it were afterward charged voluntarily as when the King would send his Writ to the Abbot for a Corodie for such a one whom they admit there the House should be thereby charged for ever whether the King were Founder or not See the Writ of Corodio habendo in Fitzh Nat. Brev. fol. 230. Coroner COroner is an ancient Officer of trust and of great authority ordained to be a principal Conservator or keeper of the Peace to bear record of the Pleas of the Crown and of his own view and of divers other things c. And therefore in the time of Ed. 1. it was enacted that Forasmuch as mean men and indiscreet now of late are commonly chosen to the Office of Coroner where it is requisite that wise men lawful and able should execute such Offices it is provided That through all Shires sufficient men shall be chosen to be Coroners out of the most wise and discreet Knights which best know can and will attend this Office and which faithfully will make and represent the Pleas of the Crown And although the letter of this Statute be not precisely observed yet at least the intent should be followed as nigh as might be so that for the default of Knights and Gentlemen furnished with such qualities as the Statute sets down of which sort there are many others might be chosen with this addition that they be vertuous and good Christians See hereof in the Writ de Coronatore eligendo in Fitzh Nat. Brev. fol. 163. When the Coroner is to enquire of the death of any person or to do other thing concerning his Office he ought to do it in person and upon the sudden death of any one he himself ought to see the dead body when he makes enquiry or otherwise the enquiry is not good for if he will enquire of any dead person without view this is without authority and so void And if the body be buried before his coming he ought to record it in his Rolls to the intent that the Town where the burying was should be amerced for it before the Iustices in Eyre upon the sight of the Coroners Rolls And nevertheless the Coroner ought to take up the body out of the ground and make the enquiry upon view of the body as he should do if it had not been buryed and the Town shall also be amerced if they suffer it tol â— e on the ground to putrifie or stink without sending to the Coroner And if the Coroner be negligent in coming to do his office after the Bayliffs or Countrey-men have sent for him he shall be punished Although by the Law the Coroner cannot enquire of any Felony but the death of a man yet it hath been said that in Northumberland they enquire of all Felonies but this authority they maintain by Prescription If a man be killed or drowned in the arms or creeks of the Sea where a man may see land from the one part to the other the Coroner shall enquire thereof and not the Admiral for that the Countrey may well have knowledge thereof But the Coroner of the Kings house hath an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle within it as the Coroner of the house cannot intermeddle within the County out of the Verege If the Demandant or Plaintiff be non-suited or if Iudgement be given against the Tenant or Defendant or such like the Iustices never assess any Amerciament but the Clerk of the Warrants makes Estreats thereof and delivers them to the Clerks of Assise within every Circuit to deliver them to the Coroners in every County to affeere or assess the Amerciaments because they are thought most indifferent forasmuch as they are chosen by the whole County If an Approver saith that he began his Appeal before the Coroner by Duresse this shall be tried by the Coroner and if the Coroner denies it the Approver shall be hanged By which cases it appears that