prayeth in ayd of him and also to avoid a prejudice growing toward his own right except it be prevented For example when a tenent for term of life by courtesie tenent in tail after possibility of issue extinct for term of years at will by Elegit or tenent by Statute-merchant being impleaded touching his estate may petere auxtlium that is pray in ayd of him in the reversion that is desire or intreat the Court that he may be called in by writ to allege what he thinketh good for the maintenance both of his right and his own Terms of the Law Fitzherbet mentioneth both prier in ayde and prier ayde de patron c. auxilium petere à patrono Nat. Brev. fo 50. d. And the new book of Entries Verbo Ayde de parcener auxilium de parcionaria fo 411 Columna 4. This the later practitioners in the Civil Law call authoris laudationem vel nominationem Emericus in practition titulo 48. This ayde prier is also used sometime in the Kings behoof that there be no proceeding against him untill the Kings Councell be called and heard to say what they think good for the avoyding of the Kings prejudice or losse touching the cause in hand For example if the kings tenent holding in chief be demanded a rent of a common person he may pray in ayd of the king Also a City or Borough that hath a fee ferm of the king any thing being demanded against them which belongeth thereunto may pray in ayd of the king c. Terms of the law Of this thing you may read the Statute de bigamis a. 4. Ed. 1. ca. 1. 2. 3. an 14. Ed. 3. stat 1. ca. 14. The Civill law in sutes begun between two alloweth a third to come in pro interesse and he that commeth in for his interest commeth either assistendo or opponendo c. The former is like to this ayde prier the other to that which our common Lawiers cal Receite Look Receito Aile avo commeth of the French aieul i. avus signifieth a writ that lieth where the grandfather or great grandfather called of our common lawyers besacle but in true French bisaicul was seised in his demaines as of fee of any land or tenement in fee simple the day that he died and a stranger abateth or entreth the same day and disâ—possesseth the heir Fitz. nat br fo 222. AL Alderman aldermannus is borrowed from the Saxon Ealderman signifying as much as Senator in Latine Lamb. in his explication of Saxon words verbo senator See Roger Hoveden par poster suorum annal fo 346. b. Aler sans jour is verbatim to goe without day the meaning whereof is to be finally dismissed the Court because there is no day of farther appearance assigned Kitchin fol. 140. Ale-taster is an officer appointed in every Court leet and sworn to look to the assise and the goodnesse of bread and ale or beer within the precincts of that Lordship Kitchin f. 46. where you may see the form of his oath Alias v. Capias alias Alien alienare commeth of the French aliener and signifieth as much as to transferre the property of any thing unto another man To alien in mortmain is to make over lands or tenements to a Religious company or other body politique Stawnf praerog fo 40. Look Mortmain To alien in fee is to sel the fee simple of any land or tenement or of any incorpore all right West 2. ca. 25. an 13 Ed. 1. Alien alias alion allenigena commeth of the Latine alienus and signifieth one born in a strange Country It is ordinarily taken for the contrary to Denizen or a natural subject that is one born in a strange country and never here infranchised Brook Denizen 4. c. And in this case a man born out of the land so it be within the limits of the kings obedience beyond the Seas or of English parents out of the Kings obedience so the parents at the time of the birth be of the kings obedience is no alien in account but a subject to the King Statute 2. a. 25. Edw. 3. c. unico commonly called the Statute de natis ultra mare Also if one born out of the Kings allegiance come and dwell in England his children if he beget any here be not aliens but denizens Terms of the Law See Denizen Allaye Allaia is used for the temper mixture of silver and gold an 9. H. 5. Stat. 2. c. 4. Stat. 1. ejusdem anni cap. 11. The reason of which allay is with a baser metal to augment the weight of the silver or gold so much as may counter vail the Princes charge in the coining Antonius Faber de nummariorum debitorum solutionibus cap. 1. Allocatione facienda is a writ directed to the Lord Treasurer and Barons of the Exchequer upon a complaint of some accountant commanding them to allow the accountant such summes as he hath by vertue of his office lawfully and reasonably expended Regist orig fol. 206. b. Alluminor seemeth to be made of the French allumer i. accendere incendere inflammare it is used for one that by his trade coloureth or painteth upon paper or parchment And the reason is because he giveth grace light and ornament by his colours to the letters or other figures coloured You shall find the word an 1. R. 3. ca. 9. Almaine rivets be a certain light kind of armor for the body of a man with sleevs of male or plates of iron for the defence of his arms The former of which words seemeth to shew the country where it was first invented the other whether it may come from the French verb revestir i. superinduere to put on upon another garment I leave to farther consideration Almner eleemosynarius is an officer of the Kings house whose function is fragmenta diligenter colligere ea distribuerre singulis diebut egenis agrotos leprosos incarceratos pauperesque viduas et alios egenos vagosque in patria commorantes charitative visitare item equos relictos robas pecuniam et alia ad elecmosynam largita recipere fideliter distribuere Debet etiam regem super eleemosyne largitione crebris summonitionibus stimulare praecipne diebus Sanstorum rogare ne robas suas quae magni sunt pretii histrionibus blanditoribus adulatoribus accusatoribus vel ministrallis sed ad eleemosynae suae incrementum jubeat largiri Fleta lib. 2. cap. 22. Almoine eleemosyna See Frank almoyne Almond amygdalum is well known to every mans sight it is the kernel of a nut or stone which the tree in Latine called amygdalus doth bear within a husk in manner of a walnut of whose nature and diversities you may read Gerards Herball lib. 3. cap. 87. This is noted among Merchandize that are to be garbled anno 1. Jaco cap. 19. Alnegeor aliâs aulnegeor ulniger vel ulnator commeth from the French aulne an elle or elwand and signifieth an Officer of the Kings who by
except there were some other farther division whereby to raise of every plow land so much and so consequently of every Knights fee that is of every 680. acres two marks of silver Rastal in his Exposition of words saith that caruage is to be quit if the Lord the King shall tax all the land by carues that is a priviledge whereby a man is exempted from caruage Skene de verb. signif ver Carucata terrae deriveth it from the French charon i. a plough and saith that it containes as great a portion of land as may be tilled and laboured in a year and day with one plough which also is called hilda or hida terrae a word used in the old Britain lawes Master Lamberd among his precedents in the end of his Eirenarcha translateth carucatum terrae a plough land Caruage caruagium see Carue Cassia Fistula is a tree that beareth certain black round and long cods wherein is contained a pulpe soft and pleasant sweet serving for many uses in Physick This tree with her vertues you may find described in Gerards Herball lib. 3. cap. 77. The fruit is mentioned in the Statute anno 1 Jacob. cap. 19. among drugges and spices that bee to be garbled Cassia Lignea is a sweet wood not unlike to Cynamon and sometime used in stead of Cynamon Whereof you may read in Gerards Herball lib. 1. cap. 141. this is called Cassia lignum in the Statute anno 1. Jacob. c. 19. and is comprised among merchandize that are to be garbled Castellain castellanus is a keeper or a Captain sometime called a Constable of a Castle Bracton lib. 5. tractat 2. cap. 16. lib. 2. cap. 32. num 2. In like maner is it used anno 3 Ed. 1. cap. 7. In the books de feudis you shall find guastaldus to be almost of the same signification but something more large because it is also extended to those that have the custody of the Kings mansion houses called of the Lomberds curtes in England Courts though they be not places of defence or strength M. Manwood part 1. of his Forest laws pag. 113. saith that there is an Officer of the Forest called Castellanus Castelward castelgardum vel wardum castri is an imposition laid upon such of the Kings subjects as â—â—en within a certain compasse of any Castle toward the maintenance of such is doe watch and ward the Castle Magna charta cap. 20. anno 32 H. 8. cap. 48. It is used sometime for the very circuit it self which is inhabited by such as are subject to this service is in Stowes annals pag. 632. Casu consimâ—li is a writ of entrie granted where the Tenent by courtesie or Tenent for Term of life or for the life of another doth alien in fee or in tail or for term of anothers life And it hath the name of this for that the Clerks of the Chauncery did by their common consent frame it to the likenesse of the writ called In casu proviso according to their authority given them by the Starute Westm 2. cap. 24. which as often as there chanceth any new case in Chancery something like to a former case and yet not especially fitted by any writ licenceth them to lay their heads toge 〈…〉 and to frame a new form answerable to the new case and as like some former case as they may And this writ is granted to him in the reversion against the party to whom the said Tenent so alienateth to his prejudice and in the life time of the said Tenent The form and effect whereof read more at large in Fitzh na br fol. 206. Casu proviso is a writ of entry given by the Statute of Glocester cap. 7. in case where a Tenent in dower alieneth in fee or for Term of life or in tail and lyeth for him in reversion against the alienee Whereof read Fitz. nat br more at large fol. 205. Catalls Catalla al. âs chatels cometh of the Normans For in the eighty-seventh Chapter of the grand customary you shall find that all moveable goods with them are called charels the contrary whereof is fief ibid. which we do call fee. But as it is used in our Common Law it comprehendeth all goods moveable and immoveable but such as are in the nature of freehold or parcel thereof as may be gathered out of Stawnf praero cap. 16. and anno Eliz. 1. cap. 2. Howbeit Kitchin in the chapter catalla fol. 32. saith that ready money is not accounted any goods or chatels nor hawkes nor hounds The reason why hawkes and hounds be not he giveth because they be ferae naturae why money is not though he set not down the cause yet it may be gathered to be for that money of it self is not of worth but as by consent of men for their easier traffick or permutation of things necessary for Common life it is reckoned a thing rather consisting in imagination than in deed Catals be either personal or real Personal may be so called in two respects one because they belong immediately to the person of a man as a bow horse c. the other for that being any way with-held injuriously from us we have no means to recover them but by personal action Chatels real be such as either appertain not immediatly to the person but to some other thing by way of dependency as a boxe with charters of land the body of a ward apples upon a tree or a tree it self growing on the ground Cromptons Justice of peace fol. 33. B. or else such as are necessary issuing out of some immoveable thing to a person as a lease or rent for tearm of yeares Also to hold at will is a chatel real New tearms verbo Chatel The Civilians comprehend these things as also lands of what kind or hold soever under bona bona autem dividuntur in mobilia immobilia mobilia verò in ea quae se movent vel ab aliis moventur v. legem 49. l. 208. Ï€. de verb. significa interpretes ibidem Bracton also c. 3. l. 3. num 3. 4. seemeth to be of the same judgement Catallis captis nomine dictrictionis it is a Writ that lyeth within a Borow or within a honse for rent going out of the same and warranteth a man to take the dores windowes or gates by way of distresse for the rent Old nat br Fol. 66. Catallis reddendis is a Writ which lyeth where goods being delivered to any man to keep until a certain day and be not upon demand delivered at the day And it may be otherwise called a Writ of detinew See more of it in the Register orig f. 139. and in the Old nat br fol. 63. This is answerable to actio dispositi in the Civil law Catchepâ—lle though it now be used as a word of contempt yet in ancient times it seemeth to have been used without reproach for such as we now call Sergeants of the Mace or any other that use to arrest
heed thereof by which bow one passing by is slain In which case he offendeth because he gave no warning that the party might have taken heed to himself See Skene de verbo signifi verbo Melletum Chaungeour is an Officer belonging to the Kings mint whose function seemeth especially to consist in exchanging coin for gold or silver in the Masse brought in by Merchants or others anno 2 H. 6. cap. 12. Chauntery cantaria is a Church or Chapel endowed with lands or other yearly revenue for the maintenance of one or moe Priests daily to sing Masse for the souls of the Donours and such others as they do appoint anno 37 H. 8. cap. 4. anno 1 Ed. 6. cap. 14. Check-rolle seemeth to be a rolle or book that containeth the names of such as are attendants and in pay to great personages as their houshold servants It is otherwise called the chequer roll anno 24 H. 8. cap. 13. anno 3 H. 7. cap. 13. and seemeth to have one etymologie with eschequer Which see Chevage chevaginâ— cometh of the French chef i. caput It signifieth with us a summe of money paid by villeins to their Lords in acknowledgement of their slavery Whereof Bracton lib. 1. cap. 10 saith thus chevagium dicitur recognitio in signum subjectionis dominti de capite suo It seemeth also to be used for a sum of money yearly given to a man by another of might and power for his avowement and maintenance protection as to their head or leader M. Lamberds li. 2. cap. 5. Eirenarch writeh it chivagt or rather chiefage Chevisance cometh of the French chevir i. venir a chief de quelque chose to come to the head or end of a business to perfect a matter This word is used for bargaining anno 37 H. 8. cap. 9. t anno 13 Eliz. cap. 5. et 8. anno 10 R. 2. cap. 1. et anno 3 H. 7. cap. 5. Chief See Capite Chief pledge plegius vel vas capitalis anno 20 H. 6. cap. 8. For the understanding of this word See Boâ—owhead Childwit cometh of the Saxon word child and wit which some say in that tongue is a termination of some words without signification as dom in Christendom or hood in childhood with us But for the signification of wit see Bloudwit Childwit signifieth a power to take a fine of your bondwoman begotten with child without your consent Rastall exposit of words Chimin chiminus cometh from the French chemin i. aditus via and signifieth in our Common law a way It is divided into two sorts the Kings high way and a private way Kitchin fol. 35. The Kings high way chiminus regius is that by which the Kings subjects and all others under his protection have free libertie to passe though the propertie of the soyl of each side where the way lieth may perhaps belong to some private man A way private i that by which one man or more have liberty to passe either by prescription or by Charter through another mans ground And this is divided into chimin in grosse and chimin appendant Kitchin fol. 117. Chymin in grosse is that way which a man holdeth principally and solely in it self Chimin appendant is that which a man hath adjoyneâ— to some other thing as appertinent thereunto For example if a man hire a close or pasture and covenant for ingresse and egresse to and from the said close through some other ground by which otherwise he cannot passe Or Chimin in grosse may be that which the Civilians call personall as when one covenanteth for a way through another mans ground for himself and his heirs Chimin appendant on the other side may be that which they call real as when a man purchaseth a way through another mans ground for such as do or shall dwell in this or that house for ever or be owners of such a mannor Chiminage chiminagium signifieth a toll for wayfarage thorow the Forest Cromptons jurisd fol. 189. and Manwood parte 1. of his Forest lawes pag. 86. See Chimin The Feudists call it Pedagium See Chimin Chirographer of Fines chirographus finium concordâ—arum cometh of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth a writing of a mans own hand whereby he acknowledgeth a debt to another It signifieth in our Common Low him in the Common Bench office that ingrosseth Fines in that Court acknowledged into a perpetual record after they be acknowledged and fully passed by those Officers by whom they are formerly examined and that writeth and delivereth the Indentures of them unto the party anno 2 H. 3. cap. 8. and West Symbol parte 2. titulo fines sect 114. 129. Fitzh nat br fol. 147. A. This Officer also maketh two Indentures one for the Buyer another for the Seller and maketh one other intended piece containing also the effect of the Fine which he delivereth over to the Custosbrevium that is called the foot of the Fine The Chirographer also or his Deputy doth proclaim all the Fines in the Court every Term according to the Statute and then repairing to the office of the Custos brevium there indorseth the Proclamations upon the backside of the foot thereof and alway keepeth the Writ of Covenant as also the note of the Fine Chivage See Chevage Chivalrie servitium militare commeth o the French chevalier i. eques and signifieth in our Common law a tenure of land by Knights service For the better understanding whereof it is to be known that there is no land but is holden mediately or immediately of the Crown by some service or other and therefore are all our Free-holds that are to us and our heirs called Feuda feese as proceeding from the benefit of the King for some small yearly Renâ— and the performance of such services as originally were laid upon the Land at the donation thereof For as the King gave to the great Nobles his immediate Tenents large possessions for ever to hold of him for this or that Rent and service so they again in time parcelled out to such as they liked their lands so received of the kings bounty for Rents and services as they thought good And these services are all by Litleton divided into two sorts Chivalrie and Socage The one is martiall and military the other clownish and rusticall Chivalrie therefore is a tenure of service whereby the Tenent is bound to perform some noble or military office unto his Lord and is of two sorrs either regall that is such as may hold only of the king or such as may also hold of a Common person as well as of the king That which may hold only of the king is properly called Servitium or Sergeantiâ— and is again divided into grand or petit i. great or small Great commonly called Grand Sergeantie is that where one holdeth lands of the King by service which he ought to doe in his own person unto him as to bear the kings Banner or his Spear or to lead
are called Ancient Demain and all others be called Frank-fee Kitchin fol. 98. And the Tenents which hold any of those Lands be called Tenents in Ancient Demain the others Tenents in Frank-fee Kitchin ubi supra And also Tenents of the Common law West parte 2. Symbol titulo Fines Sect. 25. The reason is because Tenents in ancient Demain cannot be sued out of the Lords Court Terms of the Law Verbo ancient Demain And the Tenents in Ancient Demain though they hold all by the verge and have none other evidence but copy of Court rol yet they are said to have Free-hold Kitchin fol. 81. See Ancient Demain Demain cart of an Abbot seemeth to be that Cart which the Abbot useth upon his own Demain Anno 6 H. 3. cap. 21. Demurrer demorare cometh of the French demeurer i. manere in aliquo loco vel morari It signifieth in our Common law a kind of pawse upon a point of difficulty in any action and is used substantively For in every action the controversie consisteth either in the fact or in the law If in the fact that is tried by the Jury if in law then is the case plain to the Judge or so hard and rare as it breedeth just doubt I call that plain to the Judge wherein he is assured of the law though perhaps the party and his councel yeeld not unto it And in such the Judge with his Associats proceedeth to Judgement without farther work but when it is doubtful to him and his Associates then is there stay made and a time taken either for the Court to think farther upon it and to agree if they can or else for all the Justices to meet together in the Chequer chamber and upon hearing of that which the Sergeants shall say of both parts to advise and set down what is law And whatsoever they conclude standeth firm without farther remedie Smith de Repub. Anglo lib. 2. cap. 13. West calleth it a Demurrer in Chancery likewise when there is question made whether a parties answer to a Bill of Complaint c. be defective or not and thereof reference made to any of the Bench for the examination thereof and report to be made to the Court parte 2. symb tit Chancery Sect. 29. Denariataterrae See Farding-deal of land Denizen cometh of the French donaison i. donatio And signifieth in our Common law an Alien that is infranchised here in England by the Princes Charter and inabled almost in all respects to do as the Kings native subjects do namely to purchase and to possesse lands to be capable of any office or dignity Yet it is said to be short of naturalization because a stranger naturalized may inherit lands by descent which a man made onely a Denizen cannot And again in the Charter whereby a man is made Denizen there is commonly conteined some one clause or other that abridgeth him of all that full benefit which natural subjects do enjoy And when a man is thus infranchised he is said to be under the Kings protection or Esse ad fidem Regis Angliae before which time he can injoy nothing in Englād Bracton l. 5. tract 5. c. 25. nu 3. Nay he his goods might be seised to the Kings use Horn in his mirrour of Justices lib. 1. c. de la Venue de frane plege Deodand deodandum is a thing given or forfeited as it were to God for the pacification of his wrath in a case of misadventure whereby any Christian soul cometh to a violent end without the fault of any reasonable Creature For example if a Horse should strike his Keeper and so kill him If a man in driving a Cart and seeking to redresse any thing about it should so fall as the Cart wheel runing over him should presse him to death If one should be felling of a Tree and giving warning to company by when the Tree were neer falling to look to themselves and any of them should be slain neverthelesse by the fall of the Tree In the first of these cases the Horse in the second the Cart-wheel Cart and Horses and in the third the Tree is to be given to God that is to be sold distributed to the poor for an expiation of this dreadful event though effected by unreasonable yea senlesse and dead creatures Stawnf pl. cor lib. 1. cap. 2. whereof also read Bracton lib. 3. tract 2. cap. 5. and Britton cap. 7. and West parte 2. symbolaeog titulo Indictments Sect. 49. And though this be given to God yet is it forfeited to the King by law as sustaining Gods person and an executioner in this case to see the price of these distributed to the Poor for the appeasing of God stirred up even against the earth and place by the shedding of innocent blood thereupon Fleta saith that this is sold and the price distributed to the Poor for the soul of the King his Ancestors and all faithful people departed this life l. 1. c. 25. verbo De submersis And it seemeth that this Law hath an imitation of that in Exo dus cap. 21. Si cornu petierit bos virum vel mulierem ita ut moriatur lapidabitur bos neque comedetur caro ejus ac dominus ejus erit innocens De Deoner anda pro rata portionis is a Writ that lieth where one is distrained for a rent that ought to be paid by others proportionally with him For example a man holdeth ten Oxegangs of land by fealty and ten shillings rent of the King and alienateth one Oxegang thereof to one another to another in fee. Afterward the Sheriff or other officer cometh and distraineth onely one of them for the rent he that is distrained may have this writ for his help Fitzh nat br fol. 234. Departer is a word properly used of him that first pleading one thing in barre of an action and being replyed thereunto doth in his rejoynder shew another matter contrary to his first Plea Plowden in Reniger and Fogassa fol. 7. 8. And of this see divers examples in Broke titulo Departer de son plee c. Departers of Gold and Silver See Finours De quibus sur disseisin is a Writ of entry See Fitzh nat br fol. 191. C. Dereyn disrationare vel dirationare may seem to come of the French disarroyer i. confundere turbare to confound or turn out of order or desranger i. to set out of order of lastly of the Norman word desrene for with the Normans desrene is nothing else but a proof of the denial of mans own fact For Rubigineus in his grand custumarie cap. 122 123. maketh mention of lex probabilis and lex deraisnia legem probabilem or probationem he defineth to be a proof of a mans own fact which he saith he hath done and his adversary denieth His example in this A. sueth R. for a Hog saying thou shouldest deliver me a Hog for two shillings six pence which money F. paid thee wherefore I demand my
permitteth it is by Law guilty of the fault committed by him that escapeth be it Felony Treason or Trespass Negligent escape is when one arrested and afterwards escapeth against his will that arrested him and is not pursued by fresh sute and taken again before the party pursuing hath lost the sight of him Idem cap. 27. But there read more of this matter for there be doubts worth the consideration And of the course of punishment by the Civil Law in this point read in Practica criminali Claudii de Battandier reg 143. read also Cromptons Justice fol. 35. b. fol. 36. 37. and read the new Terms of Law There is an escape of beasts likewise and therefore he that by charter is quietus de escapio in the forrest is delivered of that punishment which by order of the forrest lyeth upon those whose beasts be found within the land forbidden Cromptons Jurisdict fol. 196. Eschequer Scaccarium cometh of the French Eschequier i. abacus tabula lusoria and signifieth the place or Court of all receipts belonging to the Crown and is so termed as I take it by reason that in ancient times the accomptants in that Office used such Tables as Arithmetitians use for their calculations for that is one signification of Abacus amonst others Polydor. Virgil. lib. 9. hist Anglc. saith that the true word in Latine is Statarium and by abuse called Scaccarium In mine opinion it may well seem to be taken from the German word Schatz signifying as much as Thesaurus or Fiscus And from this fountain no doubt springeth the Italian word Zecchâ—â— signifying a mint and Zecherit aliâs Zechieri the Officers thereunto belonging Descis Geâ—uen 134. M. Cam. in his Britan. pag. 113. saith that this Court or office took the name à tabula ad quam assidebant proving it out of Gervasius Tilburiensis whose words you may read in him This Court is taken from the Normans as appeareth by the Grand Custumarie cap. 56. where you may find the Eschequier thus described The Eschequier is called an assembly of High Justiciers to whom it appertaineth to amend that which the Bailiffes and other meaner Justiciers have evil done and unadvisedly judged and to do right to all men without delay as from the Princes mouth Skene de verbo Significatione verbo Scaccarium hath out of Paulus Aemilius these words Saccarium dicitur quasi S. at arium quòd homines ibâ— in jure sistantur vel quòd sit stataria perennis curia cum caeterae curiae essent indictivae nec loco nec tempore state where he saith also of himself that in Scotland the Eschequer was stable but the other Session was deambulatorie before James the fist qui instituit Statariam curiam cum antea esset indictiva he addeth farther Others think that Scaccarium is so called à similitudine ludi Scaccorum that is the play of the Chests because many persons meet in the Chequer pleading their causes one against the other as if they were fighting in arraied battel Others think that it cometh from an old Saxon word Scata as writeth S. Thomas Smith which signifieth Treasure taxation or Imposts whereof account is made in the Chequer This Court consisteth as it were of two parts whereof one is conversant especially in the judicial hearing and deciding of all causes appertaining to the Princes Cofers anciently called Scaccarium computorum as Ockam testifieth in his lucubrations the other is called the receipt of the Exchequer which is properly imployed in the receiving and payment of money Crompton in his Jurisdictions fol. 105. defineth it to be a Court of Record wherein all causes touching the revenues of the Crown are handled The officers belonging to both these you may find named in M. Camddens Britannia cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled in Westminster was in divers Counties of Wales anno 27 H. 8. cap. 5. but especially cap. 26. Escheate Eschaeta cometh of the French escheoir i. cadere accidere excidere and signifieth in our Common law any lands or other profits that fall to a Lord within his Manor by way of forfeiture or the death of his Tenent dying without Heir general or especial or leaving his Heir within age or unmarried Magna Charta c. 31. Fitzh nat br f. 143. T c. Escheat is also used sometime for the place circuit within the which the King or other Lord hath escheats of his Tenents Bracton lib. 3. tract 2. cap. 2. pupilla oculi parte 2. cap. 22. Escheat thirdly is used for a VVrit which lieth where the Tenent having estate of Fee-simple in any Lands or Tenements holden of a superior Lord dyeth seised without Heir general or especial For in this case the Lord bringeth this VVrit against him that possesseth these Lands after the death of his Tenentâ— and shall there by recover the same in lieu of his services Fitzh nat br fol. 144. These that we call Escheats are in the Kingdom of Naples called Excadentia or bona excadentiala as Baro locat excadentias eo modo quo locatae fuerunt ab antiquo it a quod in nullo debita servitia minuantur non remittit Gallinam debitam Jacobutius de Franchis in praeludiis ad feudorum usum tit 1. num 29. num 23. v. Maramae singularia verbo Excademia And in the same signification as we say the Fee is escheated the Feudists use feudum aperitur lib. 1. feudal titulo 18. § 2. titul 15. titul 26. § 4. Escheatour Escaetor cometh of Escheat and signifieth an officer that observeth the Escheats of the King in the County whereof he is Eseheatour and certifieth them into the Exchequer This officer is appointed by the L. Treasurer and by Letters Patents from him and contineth in his office but one year neither can any be Escheatour above once in three years anno 1 H. 8. cap. 8. anno 3. ejusdem cap. 2. See more of this officer and his authority in Cromptons Justice of peace See anno 29 Ed. 1. The form of the Escheatours oath see in the Register original fol. 301. b. Fitzh calleth him an officer of record nat br fol. 100. C. because that which he certifieth by vertue of his office hath the credit of a Record Officium escaetriae is the Escheatourship Regist orig fol. 259. b. Escuage Scutagium cometh of the French escu i. clypeus a buckler or shield In our Common law it signifieth a kind of Knights service called service of the Shield whereby the Tenent holding is bound to follow his Lord into the Scotish or Welsh wars at his own charge for the which see Chivalrie But note that Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights service being subject to homage fealty ward and marriage so called because it is uncertain how often a man shall be called to follow his Lord into those wars and again what his charge will be in
each journey Escuage certain is that which yearly payeth a certain rent in lieu of all services being no further bound than to pay his rent called a Knights-fee or the fourth part of a Knights-fee according to his land and this leeseth the nature of Knights service though it hold the name of Escuage being in effect Soccage Fitzh na br fol. 84. C. Esnecy Aesnecia is a prerogative given to the eldest Comparcener to chuse first after the inheritance is divided Fleta lib. 5. cap. 10. § in divisionem Esples Expletia seem to be the full profits that the ground or land yeeldeth as the Hay of the Meadowes the Feed of the Pasture the corn of the Earable the Rents Services and and such like issues Ingham It seemeth to proceed from the Latine Expleo The profits comprised under this word the Romans call properly accessiones Nam accessionem nomine intelliguntur ea gener aliter omnia quae ex re de qua agitur orta sunt veluti fructus partus omnis causa rei quaecunque ex re procedunt lib. 2. Ï€. De in diem adjectio lib. 50. Ï€. Ad Trebel lib. 61. § hiis etiam Ï€. de furt See the new Terms of Law Esquier Armiger is in letters little altered from the French Esouier i. scutiger It signifieth with us a Gentleman or one that beareth arms as a testimony of his nobility and gentry S. Thomas Smith is of opinion that at the first these were Bearers of arms to Lords and Knights and by that had their name and dignity Indeed the French word is sometime translated Agaso that is a Boy to attend or keep a Horse and in old English Writers it is used for a Lackey or one that carrieth the Shield or Spear of a Knight Mast Cambden in his Britannia pag. 111. hath these words of them having spoken of Knights Hiis proximi fuere Armigeri qui scutiferi hominesque ad arma dicti qui vel à clypeis gentilitiis quae in nobilitatis insignia gestant vel quia principibus ma oribus illis nobilibus ab armis erant nomen traxerunt Olim enim ex hiis duo unicuique militi serviebant galeam clypeumque gestabant c. Hotoman in the sixth Chapter of his Disputations upon the Feodssaith that these which the French men cal Escuiers were 1 Military kind of vassal having jus scuti which is as much to say he there interpreteth himself as that they bare a Shield and in it the ensignes of their family in token of their Gentility or dignity Essendt quietum de telonio is a Writ that lyeth for Citizens and Burgesses of any City or Town that have a Charter or prescription to exempt them from tolle through the whole Realm if it chance they be any where exacted â—he same Fitz. nat br fol. 226. Reg. fol. 258. Essoin essonium cometh of the French essomè or exonniè i. causarius miles he that hath his presence forborn or excused upon any just cause as sicknesse or other incumbrance It signifieth in our Common Law and allegement of an excuse for him that is summoned or sought for to appear and answer to an Action real or to perform sute to a Court Baron upon just cause of absence It is as much as excusatio with the Civilians The causes that serve to essoin any man summoned be divers and infinite yet drawn to five heads whereof the first is ulira mare the second de terra sancta the third de malo veniendi which is also called the common Essoin the fourth is de malo lecti the fifth de servitio Regis For further knowledge of these I refer you to Glanvile in his whole first book and Bracton lib. 5. tract 2. per totum and Britton c. 122 123 124 125. and to Horns Mirrour of Justices lib. 1. cap. des Essoins who maketh mention of some more essoins touching the service of the King celestial then the rest do and of some other points not unworthy to be known Of these Essoins you may read further in Flet. l. 6. c. 8. seq and that these came to us from the Normans is well shewed by the Grand Custumary where you may find in a manner all said that our Lawyers have of this matter cap. 39 40 41 42 43 44 45. Essoins and profers anno 32 H. 8 cap. 21. See Profer Essonio de malo lecti is a Writ directed to the Sheriff for the sending of four lawful Knights to view one that hath essoined himself de malo lecti Regist. orig fol. 8. b. Establishment of dower seemeth to be the assurance of dower made to the Wife by the Husband or his friends before or at marriage And assignement is the setting it out by the Heir afterward according to the Establishment Britton cap. 102. 103. Estandard or Standard cometh of the French estandart or estandart i. signum vexillum It signifieth an Ensigne in war as well with us as with them But it is also used for the principal or standing measure of the King to the scantling whereof all the measures thorowout the Land are or ought to be framed by the Clerk of the Market Anlneger or orher Officer according to their functions For it was established by the Statute of Magna Charta an 6 H. 3. cap. 9. That there should be but one scantling of Weights and Measures through the whole Realm which is sithence confirmed by Aâ—co 14 Ed. 3. cap. 12. and many other Statutes as also that all should be fitted to the Standard sealed with the Kings Seal It is not called a Standard without great reason because it standeth constant and immoveable and hath all other Measures coming toward it for their conformity even as Souldiers in field have their Standard or Colours for their direction in their march or skirmish Of these Standards and Measures read Britton cap. 30. Estate cometh of the French estat i. conditio and signifieth especially in our Common law that Title or Interest which a man hath in Lands or Tenements as estate simple otherwise called Fee-simple and estate conditional or upon condition which is as Litleson saith libro 3. caput 5. either upon condition in Deed or upon condion in Law Estate upon condition in Deed is where a man by Deed indented infeoffeth another in Fee referving to him and to his Heirs yeerly a certain Rent payable at one Feast or at divers upon condition that if the Rent be behind c. that it shall be lawful to the Feoffor and to his Heires to enter in the Lands or Tenements c. Estate upon condition in Law is such as hath a consideration in the Law annexed to it though it be not specified in writing For example if a man grant to another by his Deed the Office of a Parkership for Term of his life this estate is upon condition in the Law or imployed by Law viz. if the Parker so long shall well and
2. cap. 36. See Relief But Britton cap. 69. saith That Heriot is a reward made by the death of a Tenent to any Lord of the best beast found in the possession of the Tenent deceased or of some other according to the ordinance or assignement of the party deceased to the use of his Lord which reward toucheth not the Lotd at all nor the heir nor his inheritance neither hath any comparison to a Relief for it proceedeth rather of grace or good will than of right and rather from Villeins than Free-men See Dyer fol. 199. num 58. to the same effect This in Scotland is called Herrezelda compounded of herr i. dominus herus and zeild i. gift Skene de verbo signific verbo Herrezelda Hart is a Sagge of five years old compleat Manwood parte 2. of his Forest Laws cap. 4. num 5. which he hath out of Budeus de philologia lib. 2. And if the King or Queen do hunt him and he escape away alive then afterward he is called a Hart royal And if the Beast by the Kings or Queens hunting be chased out of the Forest and so escape Proclamation is commonly made in the places thereabout that in regard of the pastime that the Beast hath shewed to the King or Queen none shall hurt him or hinder him from returning to the Forest and then is be a Hart royal proclaimed Idem eodem Hawberk cometh of the French Haubert i. lorica whereupon he that holdeth land in France by finding a Coat or Shirt of Mail and to be ready with it when he shall be called is said to have Hauberticum feudum whereof Hotoman writeth thus Hauberticum feudum gallicâ linguà vulgò dicitur pro loricatum i. datum vasallo ea conditione ut ad edictum loricatus sive cataphractus praesto sit Nam ut lorica latinis propriè minus usitatè est tegmen de loro factum quo majores in bello utebantur quem admodum Servius Honoratus scribit in libro Aeneidum 11. fâ—equentissimè autem pro aenea armatura integra usurpatur sic apud Gallos Haubert propriè loricam annulis contextam significat quam vulgus Cotte de maille appellat Haec Hot. in verbis feudal verbo Hauberticum feudum Hauberk with our Ancestors seemeth to signifie as in France a Shirt or Coat of Male and so it seemeth to be used anno 13 Ed. pri stat 3. cap. 6. Though in these dayes the word is otherwise written as Halbert and signifieth a weapon well enough known Haward alià s Hayward seemeth to be compounded of two French words Hay i. Sepes Garde i. Custodia It signifieth with us one that keepeth the common Herd of the Town and the reason may be because one part of his office is to look that they neither break nor crop the hedges of inclosed grounds It may likewise come from the German herd i. armentum and bewarren i. custodire He is a sworn Officer in the Lords Court and the form of his oath you may see in Kitchin fol. 46. Hawkers be certain deceitful fellows that go from place to place buying and selling Brasse Pewter and other merchandise that ought to be uttered in open Market The appellation seemeth to grow from their uncertain wandring like those that with Hawkes seek their game where they can find it You find the word anno 25 H. 8. cap. 6. anno 33. ejusdem cap. quarto HE Headborow is compounded of two words Heosodi i. caput and Bor. he i. pignus It signifieth him that is chief of the Frank-pledge and him that had the principal government of them within his own pledge And as he was called Headborow so was he also called Burow-head Bursholder Thirdborow Tithing man Chief pledge or Borowelder acording to the diversity of speech in divers places Of this see M. Lamberd in his Explication of Saxon words verbo Centuria in his Treatise of Constables and Smith de Repub. Anglo lib. 2. cap. 22. It now signifieth Constable See Constable Healfang is compounded of two Saxon words Hals i. collum and fang i. capere captivare See Pylory Heir Haeres though for the word it be borrowed of the Latine yet it hath not altogether the same signification with us that it hath with the Civilians for whereas they call him haeredem qui ex testamento succedit in universum jus testatoris the common Lawyers call him heir that succedeth by right of blood in any mans Lands or Tenements in Fee for there is nothing passeth with us jure haereditatis but onely Fee Moveables or chatels immoveable are given by Testament to whom the Testator listeth or else are at the disposition of the Ordinarie to be distributed as he in conscience thinketh meet Glossa in Provinciali constitut Ita quorundam De testamentis verbo Ab intestato And whether a man injoy moveable goods and chatels by will or the discretion of the Ordinarie he is not with us called an Heir but onely he that succeedeth either by restament or right of blood in fee. Cassanaeus in consuetud Burg. pag. 909. hath a distinction of haeres which in some sort well accordeth with our law For he saith ther is haeres sanguinis haereditatis And a man may be haeres sanguinis with us that is heir apparentto his Father or other Ancestor yet may upon displeasure or meer will be defeated of his inheritance or at the least the greatest partthereof Heyre loom seemeth to be compounded of heir and loom that is a frame namely to weave in The word by time is drawn to a more general-signification than at the firstit did bear comprehending all implements of houshold as namelytables presses cupbords bedsteads wainscot and such like which by the custom of some Countries having belonged to a house certain descents are never inventaried after the decease of the owner as Chattels but accrue to the heir with the house it self This word is twice metaphorically used in that Divine speech made by that most worthy and compleat noble-man the Earl of Northampton against that hellish oughly and damnable Treason of Gunpowder plotted to consume the most vertuous King that ever reigned in Europe together with his gracious Queen and precious posterity as also the three honourable Estates of this renowned kingdom Heck is the name of an Engine to take fish in the river of Owse by Yorke anno 23. H. 8. cap. 18. Heinfare aliâs Hinefair discessio famuli à Domino The word is compounded of Hine a Servant and Fare an old English word signifying a passage Henchman or heinsman is a Germane word signifying Domesticum aut unum de familia It is used with us for one that runneth on foot attending upon a man of honour or worship anno 3. Edw. 4. cap. 5. anno 24. Henric. 8. cap. 13. Hengwite significat quetantiam meserecordiae dè latrone suspenso absque consideratione Fletali 1. ca. 47. See Hankwit Herald heraldus is borrowed by us of the
duty in mony to be paid by the Sheriff upon his account in the Exchequer anno secundo tertio Ed. 6. cap. 4. Prest mony is so called of the French word Prest i. explicatus tromptus expeditus for that it bindeth those that have received it to be ready at all times appointed Primage is a duty due to the Mariners and Saylers for the loading of any ship at the setting forth from any Haven anno tricesimo secundo Henrici octavi capitulo decimo quarto Primier seisin prima seisina ad verbum signifieth the first possession It is used in the Common law for a branch of the Kings Prerogative whereby he hath the first possession of all lands and tenements through the Realm holding of him in chief whereof his tenant dyed seised in his demeasn as of fee and so consequently the rents and profits of them untill the heir if he be of age do his homage if he be under years untill he come to years See Stawnf praerog capite tertio Bracton libro quarto tract 3. cap. prim Primo beneficio See Beneficio Prince Princeps is a French word and taken with us diversly sometime for the King himself but more properly for the Kings eldest son who is Prince of Wales as the eldest Son to the French King is called Dolphire both being Princes by their nativity Master Fern in the glory of generosity page 138. For Edward the first to appease the tumultuous spirits of the Welch-men who being the antient Indigene of this Land could not in long time bear the yoak of us whom they call Strangers sent his wife being with child into Wales VVhere at Carnarvan she was delivered of a Son thereupon called Eaward of Carnarvan and afterward asked the VVelsh-men seeing they chought much to be governed by strangers if they would be quietly ruled by one of their own nation who answering him Yea Then quoth he I will appoint you one of your own Country-men that cannot speak one word of English and against whose life you can take no just exception and so named unto them his son born in Carnarvan not long before From which time it hath continued that the Kings eldest Son who was before called Lord Prince St ronf praerog cap. 22. fol. 75. hath been called Prince of Wales Stowes Annals pag. 303. See anno vicesimo septimo Henrici octavi cap. 26. et anno 28 ejusdem cap. 3. Principality of Chester anno 21 Rich. 2. cap. 9. See County palatinâ— and Cromptons divers jurisdictions fol. 137. Prior perpetual or dative et removeable an 9 R. 2. cap. 4. and anno 1 Ed. 4. cap. 1. paulo ante finem Lord prior of Saint Johns of Jerusalem anno 26 H. 8. cap. 2. Priors aliens Priores alieni were certain religious men born in France and governours of religious houses erected for outlandish men here in England which were by Henry the fifth thought no good members for this land after such conquest obtained by him in France and therefore suppressed Whose livings afterwards by Henry the sixth were given to other Monasteries and houses of learning Stowes Annals pag. 582. See anno 1 H. 5. cap. 7. but especially to the erecting of those two most famous colleges called the Kings Colleges of Cambridge and Faton Priority prioritas signifieth in our common law an antiquity of tenure in comparison of another not so antient As to hold by priority is to hold of a Lord more antiently than of another Old nat br fol. 94. So to hold in posteriority is used by Stawnf praerog cap. 2. fol. 11. And Crompton in his jurisdiction fol. 117. useth this word in the same signification The Lord of the priority shall have the custody of the body c. fol. 120. If the tenent hold by priority of one and by posteriority of another c. To which effect see also Fitzh nat br fol. 142. Bartolus in his Tractate de insigniis et armis useth these very words prioritas et posterioritas concerning two that beat one coat armour Prisage seemeth to be that custome or share that belongeth to the King out of such merchandize as are taken at sea by way of lawfull prize anno 31 Eliz. cap. 5. Prisage of Wines anno 1 H. 8. cap. 5. is a word almost out of use now called Butlerage it is a custome whereby the Prince challengeth out of every bark loaden with wine containing less than forty tun two tun of wine at his price Prise prisa commeth of the French prenare i. capere It signifieth in our Statutes the things taken by purveyours of the Kings subjects As anno 3 Edw. 1. cap. 7. et anno 28 ejusdem stat 3. cap. 2. It signifieth also a custome due to the King anno 25 ejusdem cap. 5. Register origin folio 117. b. Prisoner priso commeth of the French prisonnâ—er and signifieth a man restrained of his liberty upon any action civil or criminal or upon commandement And a man may be prisoner upon matter of Record or matter of fact prisoner upon matter of record is he which being present in Court is by the Court committed to prison only upon an arest be it of the Shyreeve Constable or other Stawnf pi cor li. pri ca. 32. fo 34 et 35. Privie commeth of the French privè i. familiaeris and signifieth in our Common law him that is partaker or hath an interest in any action or thing as privies of bloud Old nat br fol. 117. be those that be linked in consanguinity Every heir in tayl is privy to recover the land intayled eodem fol. 137. No privity was between me and the tenent Littleton fol. 106. If I deliver goods to a man to be carried to such a place and he after he hath brought them thither doth steal them it is felony because the privity of delivery is determined as soon as they are brought thither Stawn pl. co lib. prim cap. 15. fol. 25. Merchants privy be opposite to Merchants strangers anno 2 Edw. tertii cap. 9. cap. 14. anno ejusdem stat 2. cap. 3. The new Expositour of law-terms maketh divers sorts of privies as privies in estate privies in deed privies in law privies in right and privies in blood And see the examples he giveth of every of them See Perkins Conditions 831 832 833. and Sir Edward Cook lib. 3. Walkers case fol. 23. a. lib. 4. fol. 123. b. 124. a. where he maketh four kinds of privies viz. privies in bloud as the heir to his Father c. privies in representation as executors or administratours to the deceased privies in estate as he in the reversion and he in the remainder when land is given to one for life and to another in fee the reason is given by the Expositour of law-terms for that their estates are created both at one time The fourth sort of privies are privies in tenure as the Lord by escheat that is when the land escheateth to the Lord for
the Court of that which is done by vertue of his Office See the Statutes of dayes in bank anno 51 H. 3. et anno 32 H. 8. cap. 21. And in this signification Hilary Term is said to have four returns viz. Octabis Hilarii Quindena Hilarit crastine Purificationis Octabis Purificaticnis and Easter Term to have 5. returns viz. Quindena Pascha Tres paschae Mense paschae Quinque paschae et crastino Ascensionis And Trinity Term 4. returns i. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaâ—lmus Term 8. returns sc Octabis Michaelis Quindena Michaelis Tres Michaelis Mense Michaelis Crastine animarum Crastino Martini Octabis Martini Quindena Martini The other application of this word is in case of Replevy For if a man distraine cattel for rent c. And afterward justifie or avow his act that it be found lawfull the cattel before delivered unto him that was distrained upon security given to follow the action shall now be returned to him that distrained them Brook titulo Return d'avers et hommes fol. 218. you shall find this word often used in Fitzherb nat br as appeareth in the word Return in his table but in all those places it hath the one or the other of these two significations Returno habendo is a writ which lyeth for him that hath avowed a distresse made of cattel and proved his distresse to bee lawfully taken for the return of the cattel distrained unto him which before were replevied by the party distrained upon surety given to persue the action Terms of law verbo Replevin Returnum averiorum is a writ Iudicial granted to one impleaded for taking the cattel of another and unjust deteining of them centra vadium et plegies and appearing upon summons is dismissed without day by reason that the Plaintiff maketh default and it lyeth for the return of the cattel unto the Defendant whereby he was summoned or which were taken for the security of his appearance upon the summons Register Judicial fol. 4. a. Returnum irreplegiabile is a writ judicial sent out of the common plees to the Shyreeve for the final restitution or return of cattel to the owner unjustly taken by another as dammage seisant and so found by the jury before Iustices of Assise in the County For which see the Regist Iudicial fol. 27. a. b. Reve altà s Greve Prafectus is made of Geresa the Saxon word for a Governour Lamb. explica of Saxon words verbo Prafectus and that by rejecting the first syllable which hee saith among the Saxons is usuall It signifieth in our common Law the Bayliff of a Fraunchis or Mannor and especially in the West parts Of this you may see Kitchen fol. 43. See Greve See Shyreeve See also of this word M. Verstigan in his restitution of decayed intelligence cap. 10. speaking much to the same effect Revels seemeth to be derived from the French word Reveiller i. excitari vel expergâ—fieri It signifieth with us sports of daunsing masking comedies tragedies and such like used in the Kings house the houses of court or of other great personages The reason whereof is because they are most used by night when otherwise men commonly sleep be at rest In the Kings house there is an officer called the Master of these Reves who hath the ordering and dispositions of these pastimes in the Court. Revenewe is a French word signifying as much as Reditio Reversio Reditus It signifieth properly the yearly rent that groweth to every man form his lands and possessions Reversion Reversio signifieth in the common Law a possibility reserved to a mans self and his heirs to have again lands or tenements made over conditionally unto others upon the defect or fayling of such condition The difference between a Remainder and a Reversion is that a Remainder is general and may be to any man but to him that graunteth or conveyeth the land c. for term of life only or otherwise a Reversion is to himself from whom the conveiance of the land c. proceeded and commonly perpetual as to his heirs also Littleton fol. 12. in fine See Cook lib. 2. Sir Hugh Cholmleis case fol. 51. a. And yet a reversion is sometime confounded with a remainder Cook li. 2. Tookers case fol. 67. b. Plowden casu Hille fol 170. q. What this word Reversion in a deed doth carrie See Littleton lib. 2. cap. 12. Revocation Revocatio is the calling back of a thing granted Of these you have divers in the Register original as Revocationem brevis de audiendo et terminando fol. 124. Revocationem praesentationis fol. 304 et 305. Revocationem protectionis fol. 23. Revocationem specialium Iusticiariorum quia c. fol. 205. Reviving is a word metaphorically applied to rents and actions and signifieth a renewing of them after they be extinguished no lesse than if a man or other living creature should be dead and restored to life See divers examples in Brook titulo Revivings of rents action c. fol. 223. Rewardum See Regard Reweye anno 43 Blizab cap. 10. RI Rie is a Saxon word signifying as much as Regnum in Latine Camd. Britan. Pag. 346. Reins passe per le fait is a form of an exception taken in same cases to an action See Brook titulo Estaunger al fait or Record Riens dans le gard was a chalenge to a Iury or enquest within London for that four sufficient men of livelyhood to the yearly value of fortie shillings above all charges within the same City and dwelling and having within the same ward were not impanelled therein But it is abrogated by the Statute An. 7 H. 7. cap. 4. Rier county Retrocomitatus seemeth to come of the French Arriere i. posterior and in the Statute Anno 2. Edwar. 3. cap. 5. is opposite to the open county And by comparison of that Statute with Westm 2. cap. 38. it appeareth to be some publike place which the Shyreeve appointeth for the receipt of the Kings money after the end of his County Fleta saith that it is diet crastinus post comitatum li. 2. cap. 67. R. Quia Iusticiurii Right Rectum See Recto Ridings be the names of the parts or divisions of York shire being three in number viz. West riding East riding and North riding Cambd. Britan pag. 530. This word is mentioned in the Statute anno 22 H. 8. cap. 5 23 H 8. cap. 18. and M. West parte 2. symbol titulo Inditements saith that in Inditements within that County it is requisite that the town and the Riding be expresed sect 70. Q. Right in the Court Anno 6 R. 2. stat 1. cap. 12. See Rectus in Curia Ringhead anno 43 Elizab. cap. 10. Riot Riottum cometh of the French Riotter i. rixari It signifieth in our common Law the forcible doing of an unlawful act by three or more persons assembled together for that purpose Westm. parte 2. symbol titulo Inditements sect 65. P. The
titulo Fines Sect. 156. Warrantia icustodiae is a Writ judicial that lyeth for him that is challenged to be ward unto another in respect of land said to be holden in Knights service which when it was bought by the Ancestors of the Ward was warranted to be free from such thraldome And it lyeth against the warranter and his heirs Regist. judic fol. 36. Warrant of Attorney See Letter of Attorney and Warranty Wardwite significat quietantiam misericordiae in casu qno non invenerit quis hominem ad wardam facteudam in castra vel alibi Fleta lib. 1. cap. 47. Warren Warrenna alià s varrenna commeth of the French Garrenne i. vivarium vel locus in quo vel aves vel pisces vel ferae continentur quae ad victum duntaxat pertinent Calapine out of Aulus Gellius lib. 2. Noct. Attic. ca. 20. A warren as we use it is a prescription or grant from the King to a man of having Feasants Partridges Connies and Hares within certain of his Lands Cromptons Jurisd fol. 148. where he saith that none can have warren but only the King no more than Forest or Chase Because it is a special privilege belonging to the King alone And a little after he hath these words to this effect the King may grant warren to me in mine own lands for Feasants and Patridges only And by this grant no man may there chase them without my licence And so of Hares but not of Connies For their property is to destroy the fruits of the earth as to eat Corn and pill the bark of Apple trees Master Manwood in his first part of Forest laws saith thus of it a warren is a franchise or privileged place of pleasure only for those beasts and fowles that are beasts and fowles of warren tantùm campestres non sylvestres viz. For such beasts fowls as are altogether belonging to the fields and not unto the woods and for none other beasts or fowles There are but two beasts of warren that is to say Hares and Connies And there are also but two fowles of warren viz. Feasants and Partridges And none other wildbeasts or birds have any firm peace privilege or protection within the warren If any person be found to be an offendor in any such free warren he is to be punished for the same by the course of the Common law and by the Statute anno 21 Edward 3. called the Statute de malefactoribus in parcis chaceis c. For the most part there are no Officers in a warren but the Master of the Game or the Keeper A free warren is sometime inclosed and also the same sometime doth lye open for there is no necessity of inclosing the same as there is of a Park for if a Park is suffered to lye open it ought to be seised into the Kings Kings hands Thus far M. Manwood Warscot is the contribution that was wont to be made towards Armor in the Saxons time In Canutus his Charter of the Forest set out by M. Manwood in the first part of his Forest laws uum 9. you have these words Sint omnes tam primaris quà m madiocres minuti immunes liberi quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus aâ—morum oneribus quod Warscot Angli dicunt et forinsecis querelis Warwis aliâs Wardwit is to be quit of giving mony for keeping of watches New exposition of law terms Wasie vastum commeth of the French gaster i. populari It signifieth diversly in our Common law first a spoil made either in houses woods gardens orchards c. by the tenent for term of life or for term of anothers life or of years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168. c. usque 178. upon this committed the Writ of waste is brought or the recovery of the things wherupon the waste is made See Vastâ— Waste may be also made of tenents or bondmen belonging or regardant to the manor Regist. orig fol. 72. a. et 73. a. See the new book of Entries verbo Waste A waste of the Forest as M. Manwood saith parte prim of his Forest laws pag. 172. is most properly where a man doth cut down his own woods within the Forest without license of the King or of the Lord Chief Justice in Eyr of the Forest But it is also where a man doth plow up his own meadow or Pasture and converteth it unto tillage And of this you may read him at large in his second part cap. 8. num 4 et 5. Waste in the second signification is taken for those parts of the Lords Demesns that be not in any one mans occupation but lye common for bounds or passages of the Lord and Tenent from one place to another and sometimes for all the Kings Subjectâ— VVhich seemeth to be called waste because the Lord cannot make such profit of it as he doth of other of his land by reason of that use which others have of it in passing to and fro Upon this none may build or feed or cut down Trees without the Lords license VVaste hath a third signification as year day and waste Annus dies et vastum which is a punishment or forfeiture belonging to petit treason or felony wherof you may read Stawnf pl. cor lib. 3. cap. 30. And see Year Day and Waste Wasters anno 5 Ed. 3. cap. 14. See Roberds wen. See Draw latches Wastoll bread anno 51 H. 3. statute of br ad and statute of pilory Waterbayliffs seem to be officers in Porttowns for the searching of Ships an 28 H. 6. ca. 5. Watling street is one of the four waies which the Romans are said to â—have made here in England and called them Consulares Praetorias Militares Publicas Master Cambden in his Britannia perswadeth himself that there were more of this sort than four This street is otherwise called Werlam street as the same Author saith and howsoever the Romans might make it and the rest the names be from the Saxons And Roger Hoveden saith it is so called because the Sons of Wethle made it leading from the East sea to the VVest Annal part prior fol. 248. a. This street leadeth from Dover to London and so to Saint Albons and there onward directly toward the North-west through the Land as from Dunstable to Westchester anno 39. El. cap. 2. The second street is called Ikenild street beginning ab Icenis who were the people inhabiting Norfolk Suffolk and Cambridge shire as M. Cambden declareth pag. 345. The third is called Fosse the reason of the name he giveth because he thinketh it was ditched on each side The fourth is called Ermin street Germanico vocabulo à Mercurio quem sub nomine Iâ—munsull i. Mercurii columma Germani majores nostri colueruâ—t Of these read more in the said Author pag. 43 44. In the description of England
their walk And indeed a Lawyer professeth true Philosophy and therefore should not be ignorant if it were possible of either beasts fowls or creeping things nor of the trees from the Cedar in Lebanon to the Hyssop that springeth out of the wall And therefore if I have either omitted any hard word within my circuit or set it it down not expounded I give you good leave to impute the one to my negligence the other to mine ignorance and so commend these my pains to your best profit and you unto God November 3. 1607. IO. COWELL The Signification of Words AB ABATE Intrudere seemeth to be taken from the French Abatre i. decutere destruere prosternere It is in the Writers of the Common law used both actively and passively or rather neuterly as to abate a Castle or a Fortlet Old nat br fol. 45. which in Westm 1 cap. 17. is plainly interpreted to be as much as to beat down And to abate a writ is by some exception to defeat or overthrow it Britton cap. 48. And in this Active voice it hath two significations one general another special general as in the former examples and again in Kitchin fol. 173. Abater meason is to ruine or cast down a House especially as in the Old nat br fol. 115. A Stranger abateth that is entereth upon a House or Land void by the death of him that last possessed it before the Heir take his possession and so keepeth him ouâ— Wherefore as he that putteth out him in possession is said to disseise so he that steppeth in between the former possessor and his heir is said to abate In the neuter signification it is used an 34 Ed. 1. stat 2. of joint tenents viz. the writ of the demandant shall abate that is shall be disabled frustrated or overthrown So in Stawnfords pleas of the Crown fol. 148. In this case a man may say that the Appeal abateth by covin that is that the accusation is defeated by deceit See Intrusion Abatement Intrusio commeth also of the French abatement i. dejectio decussio prostratio and likewise used as the verb abate both actively and passively sometime signifying the act of the abator as the abatement of the heir into the Land before he hath agreed with the Lord Old nat br fol. 91. Sometime the affection or passing of the thing abated as abatement of the writ Kitchin fol. 214. And in this signification it is as much as exceptio dilatoria with the Civilians Brit. cap. 51. or rather in effect of it For the exception alledged and made good worketh the abatement And this exception may be taken either to the insufficiency of the matter or to the incertainty of the allegation by the misnaming of the Plaintiff Defendant or place to the variance between the Writ and the Speciality or Record to the incertainty of the Writ Count or Declaration or to the death of the Plaintiff or Defendant New Terms of the Law verbo Abatement of Writ And he that will read more of this may look upon the new Book of Entries verbo briefe Abatour Intrusor is he that abateth that is thrusteth into a house or land void by the death of the former Possessor and not yet entred or taken up by his Heir Old nat br fol. 115. Perkins fol. 76. If there be a Disseisor Abator or Intrudor upon any Land by the deceipt of the woman c. Abbat Abbas in French Abbé is by skilfull Linguists said to come from the Syriacke word Abba i. pater and in our Common Law is used for him that in the Covent or fellowship of Canons hath the rule and preheminence He is by Justinian novel Constitut 115. § 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed Archimandrita of others Coenobiarcha vel Archimonachus Hoto in verbis Feuda Of these some here in England were Mitred some not Stowes annals pa. 442. And those that were Mitred were exempted from the jurisdiction of the Diocesan having in themselves Episcopal authority within their precincts and being also Lords of the Parliament Of this kind thus saith Corasius Aliqui Abbates hâ—bent jurisdictionem Episcopalem ad quos cum Ecclesia pleno jure pertineat in corum Monasteriis Episcopus nihil exercet cap. Ea quae Ubi Panor extra de statu Monacho Haec dictus Author in Paraphrasi de Sacerdotio materia parte pri cap. 9. And these were called Abbots soveraign anno 9 R. 2. cap. 4. and Abbots generals as M. Ferne noteth in his glory of generosity pa. 126. The other sort were subject to the Diocesan in all spiritual government cap. Monasteria 18. quaest 2. ca. Abbas ca. visitandi cum quatuor sequentibus ibidem Omnes 16. quaest 7. ca. Cum venerabilis extra de religiosis domibus And as Abbots so were there Lord Priors also who both had exempt jurisdiction and were Lords of the Parliament as appeareth by S. Edwara Cook de jure Ecclesiastico fol. 28. a. Abeyance seemeth to be derived from Abayer i. allatrare to bark at as Dogs do against a Stranger or Spaniels at a Feasant put to the Peark So children are said bayer à la mamme when seeing the dugge they struggle and make means towards it And they likewise bayer aut Pargent qui spe atque animo incumbunt pecuniae This word in Littleton cap. Discontinuance is thus used The right of Fee-simple lyeth in abeyance that is as himself interpreteth all only in the remembrance intendment and consideration of the Law Also in the same place the Frank tenement of the Glebe of the Parsonage is in no man during the time that the Parsonage is void but is in abeyance And again It is a principle in Law that of every land there is Fee-simple in some man or the Fee-simple is in Abeyance Considering these places and comparing them with the signification of the French word I am driven to think that our antient Lawyers would signifie hereby a kind of hope or longing expectance because that those things that be in abeyance though for the present they be in no man yet they are in hope and expectation belonging to him that is next to enjoy them For I find also in the French that unbayard is avidus spectator a greedy beholder I cannot in mine own opinion better compare this than to that which the Civilians call Haereditatem jacentem For as Bracton saith lib. 1. cap. 12. nu 10. Haereditas jacens nullius est bonis ante aditionem Sed fallit in hoc quia sustinet vicem personae defuncti vel quia speratur futur a haeredisas ejus qui adibit So that as the Civilians say goods and lands do jacere whilst they want a Possessor and yet not simply because they had lately one and may shortly have another So the Common Lawyers do say that things in like estate are in abeyance Read farther of this in the new terms of Law and in Plowdens reports casu Walsingham fol. 554. a. Abet Abetare
himself or his Deputie in places convenient looketh to the Assise of wollen cloth made through the land and to seales for that purpose ordained unto them anno 25. Ed. 3. Stat. 4. cap. 1. anno 3. R. 2. cap. 2. who is accomptable to the king for every cloth so sealed in a fee or custom therunto belonging an 17 R. 2. c. 2. Read of this more an 27. Ed. 3. c. 4. an 17. R. 2. c. 2. 5. an 1. H. 4. c. 13. an 7. ejusd c. 10. an 11. ejusd cap. 6. an 13. ejusd ca. 4. an 11. H. 6. ca. 9. an 31. ejusdem cap. 5. anno 4. Ed. 4. ca. 1. anno 8. ejusdem ca. 1. an 1. R. 3. cap. 8. AM Ambidexter is that jurour or embraceour that taketh of both parties for the giving of his verdict He forfeiteth ten times so much as he taketh anno 38. Edw. 3. cap. 12. Cromptons Juflice of Peace fol. 156. b. Amendment amendatio commeth of the French amendment and signifieth in our common Law a correction of an errour committed in a Processe and espyed before judgement Terms of the law Brook titulo Amendment per totum But if the fault be found after judgement given then is the party that will redresse it driven to his writ of errour Terms of the Law Brok titulo Error Amerciament amerciamentum signifieth the pecuniarie punishment of an offendor against the king or other Lord in his court that is found to be in misericordia i. to have offended and to stand at the mercy of the King or Lord. There seemeth to be a difference between amerciament and fines Kitthin fol. 214. And I have heard common Lawyers say that fines as they are taken for punishments be punishments certain which grow expresly from some Statute and that amerciaments be such as be arbitrably opposed by affeerors This is in some sort confirmed by Kitch f. 78. in these words l'amerciament est affire per pares M. Manwood in his first part of Forest Lawes pag. 166. seemeth to make another difference as if he would inferre an amerciament to be a more easie or more mercifull penaltie and a fine more sharp and grievous Take his words If the pledges for such a trespasse saith he do appear by common summons but not the defendant himself then the pledges shall be imprisoned for that default of the defendant but otherwise it is if the defendant himself doe appear and be ready in Court before the Lord Justice in eyr to receive his judgement and to pay his fine But if such pledges do make default in that case the pledges shall be amerced but not fined c. The Author of the new terms of law saith that amerciament is most properly a penaltie assessed by the peers or equals of the partie amercied for an offence done for the which he putteth himself upon the mercy of the Lord. Who also maketh mention of an amerciament royal and defineth it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the Kings amercied by Justices for his offence See Misericordia Amoveas maium Look ouster le maine AN An tour waste annus dies vastum Look year day and waste Anealing of tile anno 17. Ed. 4. ca. 4. Annats Annaies seemeth to be all one with first fruits anno 25. H. 8. ca. 20. Look First fruits The reason is because the rate of first fruits payed of spiritual livings is after one years profit Of which Polydore Virgil de inventione rerum lib. 8. cap. 2. saith thus Nullum inventum majores Romano Pontifici cumulavit opes quam annatum qua vocant usus qui omnino multò antiquior est quam recentiores quidam scriptores suspicantur Et annates more suo appellant primos fractus unius anni sacer dotii vacantis aut dimidiam eorum partem Sanè hoc vectigal jam pridem cùm Romanus Pontifex non habuerit tot possessiones quot nunc habet cum oportuerit pro dignitate pro officio multos magnosque facere sumptus paulatim impositum fuit sacerdotiis vacantibus quae ille conferret de qua quidem re ut gravi saepe reclamatum fuisse testatur Henricus Hostiensis qui cum Alexandro 4. Pontifice vixit sic ut Franciscus Zabarellus tradat posthac in concilio Viennensi quod Clemens quintus indixit qui factus est Pontifex anno salutis humanae 135. agitatum fuisse ut eo deposito annatum onere vigesima pars vectigalium sacerdotalium penderetur quotannis Romano Pontifici id quidem frustrà Quare Pontifex annatas in sua massa retinuit ut ne indidem exire possent lege caetera Anniented commeth of the French anneantir i. se abjicere atque prosternere It signifieth with our Lawyers as much as frustrated or brought to nothing Littleton lib. 3. cap. warrantie Annua pensione is a writ whereby the King having due unto him an annual pension from an Abbot or Prior for any of his Chaplaines whom he shall think good to name unto him being as yet unprovided of sufficient living doth demand the same of the said Abbot or Prior for one whose name is comprised in the same writ untill c. and also willeth him for his Chaplaines better assurance to give him his Letters patents for the same Register orig fol. 265 307. Fitz. nat br fol. 231. where you may see the names of all the Abbeys and Priories bound unto this in respect of their Foundation or creation as also the form of the Letters Patents usually granted upon this writ Annuitie annuus reditus signifieth a yearly rent to be paid for term of life or years or in fee and is also used for the Writ that lyeth against a man for the recovery of such a rent either out of his Land or out of his Coffers or to be received of his person at a day certain every year not satisfying it according to the Grant Register Origin fol. 158. Fitzh nat br fol. 152. The Author of the new terms of Law defineth annuitie to be a certain sum of mony granted to another in fee-simple fee-tail for term of life or of years to receive of the Granter or his Heirs so that no Free-hold be charged therewith whereof a man shall never have assise or other action but a Writ of Annuity Saintgerman in his Book intituled The Doctor and Student dialogo primo cap. 3. sheweth divers differences between a Rent and an Annuity wherof the first is That every rent be it rent-charge rent-service or rent-seck is going out of Land but an Annuity goeth not out of any Land but chargeth only the person that is to say the Granter or his Heirs that have Assets by descent or the House if it be granted by a House of Religion to perceive of their Coffers The second difference is that for the recovery of an Annuity no Action lyeth but only the Writ of Annuity against the Granter his Heirs or Successors
the name I take to be this because that whereas Parsons ordinarily be not accounted domini but usufructuarii having no right of fee simple Littleton titu Discontinuance these by reason of their perpetuity are accounted owners of the fee simple and therefore are called proprietarii And before the time of Richard the second it was lawfull as it seemeth simply at the least by mans law to appropriate the whole fruits of a benefice to an Abbey or Priory they finding one to serve the cure But that King made so evill a thing more tolerable by a Law whereby he ordained that in every licence of appropriation made in Chancery it should expresly be contained that the Diocesan of the place should provide a convenient sum of mony yearly to be paid out of the fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed anno 15 R. 2 c. 6. Touching the first institution and other things worth the learning about Appropriations read Plowden in Grendons Case fo 496. b. seq as also the new terms of Law verbo Appropriation To an appropriation after the Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full but if the Church be void the Diocesan and the Patron upon the Kings license may conclude it Plowden ubi supra To dissolve an appropriation it is enough to present a Clerk to the Bishop For that once done the benefice returneth to the former nature Fitz. nat br fol. 35. E. Approvour approbatur commeth of the French approuver i. approbare comprobare calculum albo adjicere It signifieth in our Common law one that confessing felony of himself appealeth or accuseth another one or more to be guilty of the same he is called so because he must prove that which he hath alleged in his appeal Stawnf pl. cor fo 142. And that proof is by battel or by the Country at his election that appealed The form of this accusation you may in part gather by M. Cromptons Justice of Peace fo 250 251. that it is done before the Coroner either assigned unto the felon by the Court to take and record what he saith or els called by the felon himself and required for the good of the Prince and Commonwealth to record that which he saith c. The oath of the Approver when he beginneth the combat see also in Crompton in the very last page of his book as also the Proclamation by the Herald Of the antiquity of this Law you may read something in Horns mirror of Justices lt 1. in fine cap. del Office del Coroner Of this also see Bracton more at large lib. 3. tract 2. cap. 21. 34. and Stawnf pl. cor lib. 2. cap. 52. cum seq Approvers of the King Appruatores Regis be such as have the letting of the Kings demesnes in small Mannors to the Kings best advantage anno 51. H. 3. Stat. 5. See Approve Approve appruare commeth of the French approver i. approbare comprobare caleulum albo adjicere it signifieth in the Common law to augment or as it were to examine to the uttermost For example to approve land is to make the best benefit thereof by increasing the rent c. So is the Substantive Approvement used in Cromptons Jurisd fol. 153. for the profits themselves So is it likewise in the Statute of Merton ca. 4. anno 2. H. 3. land newly approved Old nat br fol. 79. So the Sheriffs called themselves the Kings approvers anno 1. Ed. 3. cap. 8. which is as much in mine opinion as the gatherers or exactors of the Kings profits And anno 9. H. 6. cap. 10. Bailiffes of Lords in their franchises be called their approvers But anno 2. Ed. 3. cap. 12. Approvers be certain men especially sent into leveral Counties of the Realm to increase the Farms of Hundreds and Wapentakes which formerly were set at a certain rate to the Sheriffs who likewise demised them to others the County-Court excepted Approvement appruamentum see Approve See the Register judicial fol. 8. br 9 a. See the New terms of Law verbo Approvement AR Arbitratour arbiter may be taken to proceed from either the Latine arbitrator or the French arbitre it signifieth an extraordinary Judge in one or moe Causes between party and party chosen by their mutual consents West parte 2. Symbol titulo Compromise Sect. 21. who likewise divideth arbitrement into general that is including all actions quarrels executions and demands and special which is of one or more matters facts or things specified codem sect 2 3 4. The Civilians make 2 difference between arbitrum arbitratorem li. 76. π. pro socio For though they both ground their power upon the compromise of the parties yet their liberty is divers For arbiter is tyed to proceed and judge according to Law with equity mingled arbitrator is permitted wholly to his own discretion without solemnity of process or course of Judgement to hear or determine the controversie committed unto him so it be juxta arbitrium bont viri Arches court Curia de arcubus is the chief and antientest Consistory that belongeth to the Archbishop of Canterbury for the debating of Spiritual causes and so is called of the Church in London dedicated to the blessed Virgin commonly called Bow-Church where it is kept And the Church is called Bow-Church of the fashion of the Steeple or clocher thereof whose top is raised of stone Pillars builded Arch-wise like so many bent bows The Judge of this Court is termed the Dean of the Arches or the Official of the Arches Court Dean of the Arches because with this officialty is commonly joined a peculiar Jurisdiction of thirteen Parishes in Londor termed a Deanrie being exempted from the authority of the Bishop of London and belonging to the Archbishop of Canterbury of which the Parish of Bow is one and the chief because the Court is there kept Some others say that he was first called Dean of the Arches because the official to the Archbishop being many times imployed abroad in Ambassages for the King and Realm the Dean of the Arches was his Substitute in his Court and by that means the names became confounded The jurisdiction of this Judge is ordinary and extendeth it self thorow the whole Province of Canterbnry So that upon any Appeal made he forthwith and without any further examination of the Cause sendeth out his Citation to the party appealed and his inhibition to the Judge from whom the Appeal is made Of this he that will may read more in the book intituled De antiquitate Ecclesiae Britan. historiae Arma moluta seem to be sharp weapons that do cut and not blunt that do only break or bruise Bract. lib. 3. tract 2. cap. 23. Stawnf pl. cor fo 78 79 whereof Bracton bath these words arma moluta plagam faciunt sicut gladius hisacuta
same to the best of his cunning wit and power and with allspeed and diligence from time to time at the calling of the Master to endeavor himself for the hearing determination indifferently of such matters and causes as depend before the Master not to take any gift or reward in any matter or cause depending in the Court or elsewhere wherein the King shall be party whereby the King shall be hurt hindred or dis-inherited to do to his power twit and cunning all and every thing that appertaineth to his office Atturney of the Court of the Dutchie of Lancaster Atturnatus curiae Ducatus Lancastriae is the second Officer in that Court and seemeth for his skill in law to be there placed as assessor to the Chancellor of that Court being for the most part some honorable man and chosen rather for some especial Trust reposed in him to deal between the King and his Tenents than for any great learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment attornamentum commeth of the French tourner i. vertere and in our Common law is an yielding of the Tenent to a new Lord or acknowledgement of him to be his Lord. For otherwise he that buyeth or obteineth any Lands or Tenements of another which are in the occupation of a third cannot get possession yet see the Statute anno 27 H. 8. cap. 16. The words used in Atturnment are set down in Littleton I agree me to the Grant made to you c. But more common Atturnment is to say Sir I atturn to you by force of the same Grant or I become your Tenent c. or else deliver unto the Grantee a pennie halfpenny or farthing by way of Attournment Littleton lib. 3. cap. Attournment 10. whom you may read more at large and find that this Definition proceedeth from more Law than Logick because he setteth down divers other Cases in the same Chapter whereto Attournment apperraineth as properlie as unto this But you may perceive there that Atttournment is the transposing of those Duties that the Tenent ought to his former Lord unto another as to his Lord and also that Attournment is either by word or by act c. Also attournment is voluntarie or else compulsorie by the Writ termed Per quae servitia Old nat br fol. 155. or sometime by Distresse Fitzh nat br fol. 147. Lastly Attournment may be made to the Lord himself or to his Steward in Court Kitchin fo 70. And there is attournment in deed and attournment in Law Coke vol. 6. fo 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law is all one Atturnato faciendo vel recipiendo is a Writ which a man owing sute to a County Hundred Wapen-take or other Court and desiring to make an Attourney to appear for him at the same Court whom he doubteth whether the Shetiff or Bailiff will admit or not for his Attourney there purchaseth to command him to receive such a man for his Attourney and admit his appearance by him The form and other circumstances whereof see in Fitzh nat br fo 156. AU Audiendo terminando is a Writ but more properlie termed a Commission directed to tertain persons when as any greater Assembly Insurrection or heinous Demeanour or Trespass is committed in any place for the appeasing and punishment thereof which you may read at large in Fitzh nat br fol. 110. See also Oyer Terminer Audience Court Curia audientiae Cantuariensis is a Court belonging to the Archbishop of Canterbury of equall authority with the Arches Court though inferiour both in dignitie and antiquity The original of this Court was because the Arch-bishop of Canterbury heard many Causes extrajudicially at home in his own Palace in which before he would finally determine any thing he did usually commit them to be discussed by certain learned men in the Civil and Canon laws whom thereupon be termed his Auditors And so in time it grew to one especial man who at this day is called Causarum negotiorumque audientiae Cantuariensis anditoriseu officialis And with this Office hath heretosore commonly been joined the Chancerie of the Arch-Bishop who medleth not in any point of contentious Jurisdiction that is deciding of Causes between party and party except such as are ventilated pro forma only as the confirmation of Bishops Elections or such like but only of Office and especially such as are voluntariae jurisdictionis as the granting of the custodie of the Spiritualities during the vacation of Bishopricks Institutions to Benefices dispencing with Banes of Matrimonie and such like But this is now distinguished in Person from the Audience Of this Audience Court you may read more in the Book intituled De antiquitate Ecclesiae Britannicae historia Audita querela is a Writ that lyeth against him who having taken the Bond called Statute-Merchant of another and craving or having obtained execution of the same at the Maior and Bailiffs hands before whom it was entered at the complaint of the party who entered the same upon suggestion of some just cause why execution should not begranted as a Release or other exception This Writ is granted by the Chaunceler of England upon view of the exception suggested to the Justices of the Common bank or of the Kings Bench willing them to grant Summons to the Sheriff of the Countie where the Creditour is for his appearance at a certain day before them See more in Old nat br fo 66. and Fitzh nat br fo 102. Auditour auditor commeth of the French auditeur and in our Law signifieth an Officer of the King or some other great Personage which yearlie by examining the Accounts of all under Officers accountable maketh up a general Book that sheweth the difference between their receipts or burthen and their allowarces commonly called allocations as namely the Auditours of the Exchequer take the accounts of those Receivors which receive the revenues of the Augmentation as also of the Sheriffs Escheatours Collectours and Customers and set them down and perfect them Him that will read more of this I referre to the Statute anno 33. H. 8. ca. 33. Auditors of the Prests are also officers in the Exchequer that do take and make up the great accounts of Ireland Barwick the Mint and of any money imprested to any man Auditour of the Receits is an officer of the Exchequer that fileth the Tellers bils and maketh an entry of them and giveth to the Lord Treasurer a certificate of the money received the week before He maketh also Debentures to every Teller before they pay any money and taketh their accounts He kepeth the Black book of the Receipts and the Treasurers key of the Treasury and seeth every Tellers monies locked up in the new Treasury Aventure is a mischance causing the death of a man without Felonie as when he is suddenly drowned or burnt by any sudden disease falling into the water
himself never quiet but at brawl with one or other To this effect you may read M. Lamb. Eirenarcha pa. 342. who saith likewise that barettor for so he writeth it may seem to come from the Latine baratro or balatro that is a vile knave or unthrift and by a metaphor a spot in a Common wealth See the statute of Champerty anno 33 Ed. 1. stat 2. cap. unico and West 1. ca. 32. an 3 Ed. 1. M. Skene de verè signif verbo barracrie saith that Barrators be Symonists called of the Italian word barrataria signifying corruption or bribery in a Judge giving a false sentence for money whom you may read more at large as also Hortensius Cavalcanus in his tractat de brachio rigio parte 5. nu 66. whose words are Barataria verò dicitur quando Judex aliquid petit indebitum ut justituam faciat Who also nu 195. part 5. saith thus barraterii appellantur qui praetorium nimis frequentant And in another place of the same work Barratria dicitur quia fit quoddam barratrum i. commutatio pecuniae cum justitia c. See also Aegidius Bossius in practica criminali titulo de officialibus corrupt c. nu 2. 6. Baratariam committunt Judices qui justitiam auro vendunt Paris Pateola de syndicatu verbo Barataria pa. 217. Barre fee is a fee of twenty pence that every prisoner acquitted of felony paieth to the Gaoler Crompt Justece of peace fo 158. b. Barrel is a measure of wine oyl c. containing the eighth part of a tunne the fourth of a Pipe and the second of a hogshead that is 31. gallons and a half anno 1 R. 3. cap. 13. But this vessel seemeth not to contain any certain quantity but differeth according to the liquor for a barrel of beer containeth 36. gallons the Kilderkin 18. and the Firkin 9. a barrel of ale 32. gallons the Kilderkin 16. and the firkin 8. gallons an 23 H. 8. c. 4. Barriers commeth of the French barres and signifieth with us that which the Frenchmen call jeu de barres i. palaestraâ—â— a martial sport or exercise of men armed and fighting together with short swords within certain limits or lists whereby they are severed from the beholders Barter may seem to come of the French barater i. circumvenire It signifieth in our Statutes exchange of wares with wares anno 1 R. 3. ca. 9. and so bartry the substantive anno 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner doe what they can for the most part one to over-reach the other See barratour Base estate is in true French bas estat It signifieth in our Common law that estate which base Tenents have in their lands Base Tenents be they as M. Lamberd saith in his explica of Saxon words verb. Paganus which do to their Lords villanous service The Author of the Terms of law in his Tractat of old Terms saith that to hold in fee base is to hold at the will of the Lord. Kitchin fol. 41. seemeth to make base tenure and franck to be contraries where it appeareth that he putteth Copy-holders in the number of base Tenents And out of these I think that it may be probably conjectured that every base Tenent holdeth at the wil of the Lord but yet that ther is a difference between a base estate and villenage which Fitzh in his nat br f. 12. B. C. seemeth co confound For the above-named Author of the Terms of law saith in the place before ciced that to hold in pure villenage is to doe all that the Lord will command him So that if a Copy-holder have but base estate he not holding by the performance of every commandement of his Lord cannot be said to hold in villenage Whether it may be said that Copy-holders be by custome and continuance of time grown out of that extreme servitude wherein they were first created I leave to others of better judgement but Fitz. loco citato saith tenure by Copie is a Term but lately invented Base Court is any Court that is not of record as the Court Baron Of this read Kitchin f. 95 96 c. Base fee See Base estate Baselard baslardus in the Statute an 12 R. 2. ca. 6. signifieth a weapon which M. Speight in his exposition upon Chawcer calleth pugionem vel sicam Bastard bastardus See Bastardy And See Skene de verbo signif verbo Bastardus Bastardy bastardia commech of the French bastard i. nothus Cassanaeus de consuetu Burg. pag. 1116 saith bastard and filius naturalis be all one Bastardy in our Common law signifieth a defect of birth objected to one begotout of wedlock Bract. l. 5. cap. 19 per totum How bastardy is to be proved or to be inquired into if it be pleaded see Rastals book of Entries tit Bastardy 104. f. Kitchin f. 64 maketh mention of Bastardy special and Barstardy general The difference of which is that Bastardy general is a Certificate from the Bishop of the Diocess to the Kings Justices after just inquity made that the party inquired of is a Bastard or not a Bastard upon some question of inheritance Bastatdy special is a sute commenced in the Kings Court against him that calleth another Bastard so termed as it seemeth because Bastardy is the principall and especiall case in trial and no inheritance contended for And by this it appeareth that in both these fignifications Bastardy is rather taken for an examination or triall whether a mans birth be defective or illegitimate than for Bastardy it self See Broke titulo Bastardy n. 29. and Doctor Ridlies book pa. 203 204. Baston is in French a staff club or coulstaff It signifieth in the Statutes of our Realm one of the Warden of the Fleet his servants or officers that attendeth the Kings Court with a red staff for the taking of such to ward as be committed by the Court. So it is used anno 1 R. 2. cap. 12. anno 5 Eliz. cap. 23. Batable ground seemeth to be the ground in question heretofore whether it belonged to England or Scotland lying between both the Kingdomes anno 23 H. 8. cap. 16. as if we should say debatable ground For by that name M. Skene de verbo sign verbo Plegius calleth ground that is in controversie between two Battel duellum commeth of the French battaile i. bellum praelium and signifieth in our Common law a tryal by combat The manner whereof because it is long and full of ceremonies I do for the better and more full understanding of it referre you to Glanvile lib. 2. cap. 3 4 5. to Bracton lib. 3. tract 2. cap. 21. fol. 140. to Britton cap. 22. and to S. Thomas Smith de repub Anglorum lib. 2. cap. 7. lib. 3. cap. 3. See Combat Battery commeth of the French batre i. verberare cudere percutere and signifieth in our Common law a violent striking of any man which the Civilians call injuriam
personalem quia personae infertur per verbera cruciatum c. Wesemb parat Ï€. de injur fam libel Baubels baubella is an old word signifying Jewels Ro. Hoveden parte poster suorum annal fol. 449. b. BE Bearding aliâs Barding of wool See Clack Bearers signify all one with Maintainers anno 20 Edvar 3. cap. 5. Beconage Beconagium signifieth money paid for the maintenance of Becons Bewpleder pulchrè placitando is made of 2. French words beau i. decorus formosus pulcher and pleder i. disputare causam agere It signifieth in our Common law a writ upon the statute of Marlbridge or Malborow made the 52. year of H. 3. cap. 11. whereby it is provided that neither in the circuit of Justices nor in Counties Hundreds or Courts-baron any fines shall be taken of any man for fair pleading that is for not pleading fairly or aptly to the purpose Upon which Statute this Writ was ordained against those that violate the law herein See Fitzh nat br fol. 270. A.B.C. whose definition is to this effect the Writ upon the statute of Marlebridge for not fair pleading lyeth where the Shyreeve or other Bailiff in his Court will take fine of the party Plaintiff or Defendant for that he pleâ—deth not fairely c. Bedell Bedellus cometh of the French be deau i. apparitor and it signifieth with us nothing else but a messenger or servitour belonging to a Court as a Court-baron or Leet Kitchin fol 46. where you may see his oath or to the Court of the Forest Manwood parte pri of his forest lawes pag. 221. in these words A Bedel is an officer or servant of the Forest that doth make all manner of garnishments of the Courts of the Forest also all manner of Proclamations as well within the Courts of the Forest as without and also doth execute all the processes of the Forest He is like to a Bailiff errant of a Shyreeve in a County c. Benefice Beneficium is generally taken for all ecclesiastical livings be they dignities or other as anno 13 R. 2. stat 2. cap. 2. where benefices are divided into elective and benefices of gift So is it used in the Canon law also Duarenus de beneficiis lib. 2. cap. 3. Beneficio primo ecclesiastico habendo is a writ directed from the King to the Chancellor to bestow the benefice that first shall fall in the Kings gift above or under such a value upon this or that man Regist orig fol. 307. b. Benevolence Benevolentia is used both in the Chronicles and Statutes of this Realm for a voluntary gratuity given by the subjects to the King Look Stowes annals pag. 701. That it hath been something antiently accustomed it appeareth by him and by the Statute anno 1 Rich. 3. cap. 2. where it is called a new imposition and in that respect reprehended by that Tyrant in his predecessors whether justly or not I cannot say nor mind to dispute But Stow pag. 791. saith that the invention grew from Edward the fourths dayes You may find it also anno 11 H. 7. cap. 10. to have been yeelded to that worthy Prince in regard of his great expences in warres and otherwise This is also mentioned and excepted out of the pardon anno 1 Ed. 6. cap. 15. It is in other Nations called subsidium charitativum given sometime to Lords of the Fee by their Tenents sometime to Bishops by their Clergie Matthaeus de Afflictis descis 136. Gassan de consuet Burg. pag. 134 136. Baldus consitio 120. vol. 6. pag. 230. Of this Maenochius maketh mention lib. 2. cent 2. cap. 178 179. shewing when it is lawful for a Prelate charitativum subsidium à sibi subditis exigere quanta debeat esse ejus summa setting down eight just causes of this exaction Besaile proavus is borrowed of the French bisayeul i. le pere de mon pere grand the father of my grandfather In the Common law it fignifieth a Writ that lieth where the great grandfather was seised in his demesne as of Fee of any Lands or Tenements in Fee-simple the day that he dyed and after his death a stranger abateth or entreth the same day upon him and keepeth out his heir c. The form and farther use of this Writ read in Fitz. nat br fol. 221. D. E. F. c. Beasts of chase Ferae campestres be five of the Forest chase or park that is the Buck the Do the Fox the Martron and the Roe Manwood part prim of his Forest laws pag. 342. part 2. cap. 4. num 2. Beasts of the Forest ferae sylvestres are the Hart the Hind the Hare the Boar and the Wolf Manwood parte 2. of his Forest laws cap. 4. num 1. Beasts and Fowles of Waren are the Hare Conie Fesant and the Patridge Manwood parte 2. cap. 4. num 3. Bestaâ—l cometh of the French bestial i. pecus it seemeth with us to signifie all kind of cattel taken for the Kings provision anno 4 Ed. 3. cap. 3. And bestial is generally used for all kind of cattel anno 1 Jacobi cap. 33. BI Bidding of the Beades was a charge or warning that the Parish Priest gave to his Parishioners at certain especial times to say so many Pater nosters c. upon their beads anno 27 H. S. cap. 26. Bigamie bigamia signifieth a double marriage It is used in the Common law for an impediment that hindreth a man to be a Clerk by reason that he hath been twice married For upon those words of S. Paul to Timothie the first cap. 5. vers 2. Oportet ergo Episcopum irreprehensibilem esse unius uxoris virum the Canonists have founded their doctrine that he that hath been twice married may not be a Clerk And also him that hath married a widow they by interpretation take to have been twice matried And both these they do not onely exclude from holy orders but also deny them all privileges that belong unto Clerks But the author of the new terms of Law well saith that this Law is abolished by anno 1 Ed. 6. cap. 12. And to that may be added the stature anno 18 Elizab. cap. 7. which alloweth to all men that can read as Clerks though not within orders the benefit of Clergie in case of selonie not especially excepted by some other statute Bilanciis deferendis is a Writ directed to a corporation for the carrying of weights to such or such a haven there to weigh the wools that such a man is licenced to transport Reg. orig fol. 270. a. Bilawes are orders made in Court Leets or Court Barons by common assent for the good of those that make them farther than the Publike law doth bind Coke vol. 6. fol. 63. a. Kitchin fo 45. 79. These in Scotland are called burlaw or birlaw Skene de verbo sign verbo Burlaw where he saith thus Lawes of burlaw are made and determined by consent of neighbours elected and chosen by
until he content the King for his fine Coke lib. 3. fol. 12. a. Capias utlagatum is a word of execution or after judgement which lyeth against him that is outlawed upon any sure by the which the Sheriff upon the receipt thereof apprehendeth the party outlawed for not appearing upon the exigend and keepeth him in safe custodie until the day of return assigned in the writ and then presenteth him unto the Court there farther to be ordered for his contempt Capias utlagatum inquir as de bonis catallis is a writ all one with the former but that it it giveth a farther power to the Shyreeve over and beside the apprehension of the body to inquire of his goods and cattels The form of all these writs see in the Old nat br fol. 154. and see the Terms of law verbo Proces Lastly you may find great variety of this kind in the table of the Register judiciall verbo Capias Capias in Wiâ—hernamium de averiis is a Writ lying for Cattel in Withernam Register orig f. 82. 83. see Withernam Capias in Withernamium de bemine is a writ that lieth for a servant in Withernam Register onig f. 79. 80. see Withernam Capias conductos ad proficiscendum is a writ that lieth for the taking up of such as having received prest money to serve the King slink away and come not in at their time assigned Register orig fo 191. Captain aliâs capitayne capitaneus commeth of the French capitaine and signifieth with us him that leadeth or hath charge of a company of Souldiers and is either generall as he that hath the governance of the whole host or speciall as he that leadeth one only band The word capitanei in other nations signifieth more generally those that are in Latine called principes or proceres because as Hotteman saith in verbis feudalibus tanquam caput reliquo corpori sic hii reliquis civibus praesunt He divideth them into two sorts and to use his words alii sunt capitanei regni quo verbo Duces Comites Marchiones intelliguntur l. 1. feud tit 1. § 1. ti 7. Alii impropriè qui urbium praefecti sunt quibus plebs ab liquo superiorum gubernanda committitur qui vallasoâ—es rigit majores appellantur l. feud tit 1. § 1. tit 7. et tit 17. So we have captaines of Castles here in England and other places as of the Isles of Gersay and Gernsey of the Isle of Wight c. Capite is a tenute which holdeth imâ— ediately of the King as of his crown be it by Knights service or socage Broke tet tenures 46. 94. Dyer fo 123. nu 38. et fo 363. nu 18. and not as of any Honour Castle or Mannor therefore it is otherwise called a tenure that holdeth meerely of the King because as the crown is a corporation and seigneurie in grosse as the Common lawyers term it so the King that possesseth the crown is in account of law perpetually King and never in his minority nor never dieth no more than populus doth whose authoritie he beareth See Fitzh nat br f. 5. F. Note by the way that a man may hold of the King and not in Capite that is not immediately of the crown in grosse but by means of some Honour Castle or Mannor belonging to the Crown whereof I hold my land Wherof Kitchin saith wel that a man may hold of the King by Knights service and yet not in capite because he holdeth happily of some honour by Knights service which is in the Kings hands as by descent from his ancestors not immediatly of the King as of his crown f. 129. with whom agreeth Fitzh nat or f. 5. K. whose words are to this effect So that it plainly appeareth that lands which be held of the King as of an Honour Castle or Mannor are not held in capite of the King because that a writ of right in that case shall be directed to the Bailiff of the Honour Castle or manor c. but when the lands be held of the King as of his Crown then they be not held of Honour Castle or Mannor but meerly of the King as King and of the Kings Crown as of a seigneury of it self in gross the chief above all other seigneuries c. And this tenure in capite is otherwise called tenure holding of the person of the King Dyer fo 44. nu 37. Author of the new Terms ver Tenure in capite Broke titulo Tenures nu 65. 99. And yet M. Kitchin fo 208. saith that a man may hold of the person of the King and not in capite His example is this If the King purchase a mannor that I. S. holdeth the Tenent shall hold as he held before and shall not render livery or primeiâ— seisin nor hold in capite And if the King grant that mannor to W. N. in fee excepting the services of I. S. then I. S. holdeth of the King as of the person of the King and yet holdeth not in capite but as he held before So that by this Book tenure holding of the person of the King and tenure in capite are two divers tenures To take away this difficulty I think M. Kitchin is in that place to be taken as if he said not in capite by Knights service but by socage following 〈◊〉 usuall speech because most commonly where wee talk of tenure in capite wee mean tenure by knights service Carno Cromptons jurisd fol. 191. is an immunitie Carke seemeth to be a quantity of Wool whereof thirty make a Sarpler anno 27 H. 6. ca. 2. See Sarpler Carrack alià s Carrick seemeth to be a ship of burthen so called of this Italian carrico or carco a burthen or charge or the Spanish cargo you have this word anno 2 R. 2. ca. 4. anno 1 Ja. ca. 33. Carroway seeds alià s Carruway seeds semen cari vel carei is a Seed springing of the herb so called of whose operation you may read in Gerards Herball li. 2. cap. 396. It is reckoned among the Merchandise that ought to be garbled anno 1 Jaco ca. 19. Carue of land carrucata terrae commeth of the French charue i. aratrum and with us is a certain quantity of land by the which the Subjects have sometime been taxed whereupon the tribute so levied is called Caruago Caruagium Bracton li. 2. cap. 16. nu 8. It is all one with that which the same Author lib. 2. cap. 17. calleth carucatam terrae For Littleton ca. Teuure in socage saith that haec soca socae idem est quod caruca sc one soke or one plow land Yet one place I find in Stowes annals that maketh me doubt pag. 271. where he hath these words The same time King Henry took caruage that is to say two marks of silver of every Knights fee toward the marriage of his sister Izabell to the Emperour where caruage cannot be taken for a Plow land
men upon any cause anno 25 Ed. 3. stat 4. cap. 2. Cathedrall See Church Casu matrimonii praelocuti is a Writ which lyeth in case where a woman giveth lands to a man in fee simple to the intent he shall marry her and refusesh so to do in reasonable time being required thereunto by the woman The form and farther use thereof learn in the Register orig fol. 233. and in Fitzh nat br fol. 205. Causam nobis significes is a Writ which lyeth to a Maior of a Town or City c. that formerly by the Kings writ being commanded to give seisin unto the Kings grantee lof any land or tenements doth delay so to do willing him to shew cause why he so delayeth the performance of his charge Coke l. 4. casu communalty des Sadlers fol. 55. b. Cautione admittenda is a Writ that lyeth against the Bishops holding an excommunicate person in prison for his contempt notwithstanding that he offereth sufficient caution or assurance to obey the commandments and orders of holy Church from thenceforth The form and farther effect whereof take out of the Regist orig pag. 66. and Fitzh nat br fol. 63. CE Century centuria See Hundred Cepicorpus is a return made by the Sheriff that upon an exigend he hath taken the body of the party Fitzh nat br Fol. 26. Certiorari is Writ issuing out of the Chancery to an inferior Court to call up the records of a cause therein depending that conscionable Justice therein may be ministred upon complaint made by bill that the party which seeketh the said Writ hath received hard dealing in the said Court. Terms of the Law See the divers forms and uses of this in Fitzh nat br fol. 242. as also the Register both original and judicial in the tables verbo Certiorari Crompton in his Justice of peace f. 117. saith that this Writ is either returnable in the Kings Bench and then hath these words nobis mittatis or in the Chauncerie and then hath in caucellaria nostra or in the Common Bench and then hath Justiciariis nostris de banco The word Certiorare is used divers times in the digest of the Civil Law but our later Criticks think it so barbarous that they suspect it rather to be foisted in by Tribonian than to be originally used by those men of whose works the said digest is compiled Prataeus in suo lexico Certificat certificatorium is used for a writing made in any Court to give notice to another Court of any thing done therein As for example a certificat of the cause of attaint is a transcript made briefly and in few words by the Clerk of the Crown Clerk of the Peace or Clerk of Assise to the Court of the Kings Bench containing the tenure and effect of every endictment outlawrie or convictior and Clerk attainted made or pronounced in any other Court anno 34 H. 8. cap. 14. Of this see more in Certificat d'evesque Broke fol. 119. Certification of assise of novel disseisin c. Certificatio assisae novae disseisinae c. is a Writ grant ed for the reexamining or review of a matter passed by assise before any Justices and is called certificatione novae dissessinae Old nat br fol. 181. Of this see also the Register original fol. 200. and the new book of entries verb. Certificat of assise This word hath use where a man appearing by his Bailiff to an assise brought by another hath lost the day and having something more to plead for himself as a deed of release c. which the Bailiff did not or might not plead for him desireth a farther examination of the cause either before the same Justices or others obtaineth Letters patents unto them to that effect The form of these Letters Patents you may see in Fitzh nat br fol. 181. and that done bringeth a Writ to the Sheriff to call both the party for whom the assise passed and the Jurie that was empaneled upon the same before the said Justices at a certain day and place And it is called a certificate because in it there is mention made to the Sheriff that upon the parties complaint of the defective examination or doubts yet remaining upon the assise passed the King hath directed his Letters patents to the Justices for the better certifying of themselves whether all points of the said assise were duly examined yea or not See farther Old nat br and Fitzh ubi supra Of this also you may read Bractoâ— lib. 4. cap. 19. num 4. in fine 5 6. where he discusseth the reason of this point very learnedly and lastly Horn in his Mirrour of Justices lib. 3. cap. finali § en eyde des memoyees c. Certificando ' de recognitione Stapulae it is a Writ directed to the Major of the Staple c. commanding him to certifie the Chauncellor of a statute of the staple taken before him between such and such in case where the party himself detaineth it and refuseth to bring it in Regist orig fol. 152. b. In like manner may be said of certificando de statuto mercatorio eodem fol. 148. and de certificando in cancellarium de inquisitione de idemptitate nominis fol. 195. and certificando quando recognitio c. and certificando quid actum est de brevi super statutum mercatorium fol. 151. and certificando si loquela Warantiae fol. 13. Cessor is he that ceaseth or neglecteth so long to perform a duty be longing unto him as that by his cesse or cessing he incurreth the danger of Law and hath or may have the Writ cessavit brought against him Old nat br fol. 136. And note that where it is said in divers places the Tenent cesseth without any more words such phrase is so to be understood as if it were said the Tenent cesseth to do that which he ought or is bound to do by his Land or Tenement Cessavit is a Writ â—hat lyeth in divers cases as appeareth by Fitzh nat br fol. 280. upon this general ground that he against whom it is brought hath for two years foreslown to perform such service or to pay such rent as he is â—ed unto by his Tenure and hath not upon his Land or his Tenement sufficient goods or cattels to be distreined Consult more at large with Fitz. upon this ubi supra with Fleta lib. 5. cap. 34. § visa sunt and with the Terms of law See Cessavit de cantaria Register orig fol. 238. Cessavit de feod firma eodem fol. 237. Cessavit per biennium eodem folio etiam eodem See the new book of Entries verbo Cessavit Cestui qui vie is in true French Cestui a vie de qui. i. he for whose life any Land or Tenement is graunted Perkins graunts 97. Cestus qui use ille cujus usui vel ad cujus usum is broken French and thus may be bettered Cestui all use de qui. It is an ordinary speech among our Common
belonging unto the same Fleta lib. 2. cap. 6. 7. Chamberlain of any of the Kings courts anno 7 Edw. 6. cap. 1. Chamberlain of the Exchequer anno 51 H. 3. stat 5. anno 10 Ed. 3. cap. 11. anno 14 ejusdem cap. 14. anno 26 H. 8. cap. 3. Chamberlain of North Wales Stow pag. 641. Chamberlain of Chester Cromptons jurisd fol. 7. This Officer is commonly the receiver of all rents and revenues belonging to that person or City whereunto he is Chamberlain Vide Fletam lib. 2. cap. 70. § Si autem The Latine word seemeth to expresse the function of this officer For camerarius dicitur à camer a i. testitudine sive fornice â—quia custodit pecunâ—as quae in cameris praecipuè reservantur Onyphrius de interpret vocum ecclesiasticarum It seemeth to be borowed from the Feudists who define the word camera thus Camera est locus in quem the saurus recolligitur vel conclave in quo pecunia reservatur Zasius de feudis part 4. num 7. and Peregrinus de jure fisci lib. 6. tit 3. saith that camerarius vel camberlingus quem quaestorem antiqui appellarunt in rebus fisci primum locum tenet quia thesaurarius custos est publicae pecuniae Sane officium hoc primipilatus fuisse nonnulli senserunt There be two officers of this name in the Kings Exchâ—quer who were wont to keep a controlement of the pells of receipt and exitus and kept certain keyes of the treasure cofers which is not now in use They keep the keyes of the Treasurie where the leagues of the Kings predecessors and divers ancient books do remain There is mention of this officer in the Statute an 34. 35 H. 8. cap. 16. There be also Under-chamberlains of the Exchequer which see in Under-chamberlain Champartie cambipartita aliâs champertie seemeth to come from the French champert i. vectigal and signifieth in our Common law a maintenance of any man in his sute depending upon condition to have part of the thing be it lands or goods when it is recovered Fitz. nat br fol. 171. and champertours be they that move plees or sutes or cause to be moved either by their own procurement or by other and pursue at their proper costs for to have part of the land in variance or part of the gains anno 33 Ed. 1. stat 2. in fine Whereunto adde the third statute made the same year This seemeth to have been an ancient fault in our Realm For notwithstanding these former statutes and a form of writ framed unto them yet anno 4 Ed. 3. cap. 11. it was again enacted that whereas the former statute provided redresse for this in the Kings Bench onely which in those dayes followed the Court from thenceforth it should be lawful for Justices of the Common plees likewise and Justices of Assises in their circuits to inquire hear and determine this and such like cases as well at the sute of the King as of the Party How farre this Writ extendeth and the divers forms thereof applyed to several cases See Fitz. nat br fol. 171. and the Register orig fol. 183. and the new book of Enteries verbo Champertie Every Champertie imployeth maintenance Cromptons jurisd fol. 39. See also his Justice of Peace fol. 155. b. c. These with the Romans were called redemptores litium qui sc quotidian as lites mercantur aut qui partem litis paciscuntur l. si remuner andi § Maurus Ï€. Mandati l. si contra l. per diversas Co. eodem 13. Câ—anpion campio is thus defined by Hottoman in verbis feudalibus Campio est certator pro alio datus in duello à campo dictus qui circus erat decertantibus definitus In our Common law it is taken no lesâ—e for him that trieth the combat in his own case than for him that fighteth in the place or quarrel of another Bracton lib. 3 tract 2. cap. 21. num 24. who also seemeth to use this word for such as hold by Seargante or some service of another as campiones faciunt homagium domino suo lib. 2. cap. 35. Of this read more in Battel and Combat 30. Chanceler cancellarius cometh of the French chancelier Vicentius Lupanus de magistratibus Francorum saith that cancellarius is no Latine word howbeit he citeth divers Latine Writers that do use it With him agreeth that excellent man Petrus Pithaeus libro 2. adversariorum cap. 12. and whereas Lupanus would derive it from the verb cancello Pithaeus confeâ—eth he hath good colour for his opinion though he think it not sound and therefore rather deduceth it à cancellis Cancellare is liter as vel scriptum linea per medium duct a damnare and seemeth of it self like wise to be derived à cancellis which signifie all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek which we in our tongue call a Leâ—is that is a thing made of wood or iron barres laid crosse-waies one over another so that a man may see through them in and out And is to be thought that Judgement seats in old time were compassed in with those barres being found most necessary to defend Judges and other Officers from the presse of the multitude and yet never the more to hinder any mans view that had a desire or cause to observe what was done Cancellarius at the first by the opinion of Lupanus signified the registers or actuaries in Court grapharios sc qui conscribendis excipiendis judicum act is dant operam Pithaeus saith they were such as we now call Secretarios But this name in our daies is greatly advanced and not only in other Kingdomes but in ours also is given to him that is the chief man for matter of Justice in private causes especially next unto the Prince For whereas all other Justices in our Common-wealth are tied to the Law and may not swerve from it in judgement the Chancelor hath in this the Kings absolute power to moderate and temper the written Law and subjecteth himself onely to the Law of nature and conscience ordering all things juxta aequum bonum And therefore Stanford in his Prerogative cap. 20. fol. 65. saith that the Chancelor hath two powers one absolute the other ordinarie meaning that though by his ordinary power in some cases he must observe the form of proceeding as other ordinary Judges yet that in his absolute power he is not limited by the written law but by conscience and equity according to the circumstances of the matter in question But how long he hath had this power some would doubt For Polidorus Virgilius lib. 9. historiae Anglica hath these words of William the Conquerour Instituit item Scribarum Colleginm qui diplomata scriberent ejns Collegii magistrum vocabat Cancellarium qui paulatim supremus factus est Magistratus qualis hodie habeiur And see Flet. lib. 2. cap. 13. This high Officer seemeh to be derived from France unto us as many other
of Court-roll This is the land that in the Saxons time was called Folk-land Lamberd explicat of Saxon words verbo Terra ex scripto West part prim symb l. 2. Sect. 646. defineth a Copy-holder thus Tenent by copie of Court-roll is he which is admitted Tenent of any lands or tenements within a Manor that time out of memory of man by use and custome of the said Manor have been demisable and demised to such as will take the same in Fee in Fee-tail for life years or at will according to the custome of the said Manor by copy of Court-roll of the same Manor where you may read more of these things Coraage coraagium is a kind of imposition extraordinary and growing upon some unusual occasion and it seemeth to be of certain measures of corn For corus tritici is a certain measure of corn Bracton libro 2. cap. 116. nu 6. who in the same Chapter num 8. hath of this matter these words Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetisdine veniunt nisi cum necessitas intervenerit vel cùm rex venerit sicut sunt hidagia coraagia carvagia alia plura de necessitate ex consensu communi totius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentem suum acquietare nisi se ad hoc specialiter obligaverit in charta sua c. Cordiner cometh of the French Cordovannier i. sutor calcearius a Shoo-maker and is so used in divers Statutes as anno 3 H. 8. cap. 10. anno 5 ejusdem cap. 7. and others Cornage cornagium cometh of the French cor i. cornu and in our Common law signifieth a kind of grand seargancy the service of which tenure is to blow a horn when any invasion of the Northern enemy is perceived And by this many men hold their land Northward about the wall commonly called the Picts-wall Cambden Britan. pag. 609. hence cometh the word cornuare to blow a horn pupil oculi parte 5. cap. 22. in charta de Foresta This service seemeth to have proceeded from the Romans For I find cornicularios mentioned in the Civil law viz. lib. 1. Cod. de officio diverso Jud. 48. lege 3. lib. 12. tit de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius lib. 3. de verbo significat faith thus of them hi militum quoddam genus fuere quicorniculo merebant unde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horn was an honour and reward given for service in war Corner-tile See Gutter-tile Corody corodium cometh of the Latine verb corrodo and signifieth in our Common Law a summe of money or allowance of meat and drink due to the King from an Abbey or other house of Religion whereof he is the founder toward the reasonable sustenance of such a one of his servants being put to his pensior as he thinketh good to bestow it on And the difference between a corrodie and a pension seemeth to be that a Corrody is allowed toward the main enauce of any the Kings servants that liveth in the Abbey a pension is given to one of the Kings Chaplains for his better maintenance in the Kings service until he may be provided of a benefice Of both these read Fitzh nat br fol. 230 231 233. who there setteth down all the Corrodies and pensions certain that any Abbey when they stood was bound to perform unto the King There is mention also of a Corrody in Stawn praerogative 44. And this seemeth to be an ancient law For in Westm 2. cap. 25. it is ordained that an Assise shall lie for a Corrody It is also apparent by the Statute anno 34. 35 H. 8. c. 16. that Corrodies belonged some time to Bishops from Monasteries and by the new Terms of law that a Corrody may be due to a common person by graunt from one to another or of common right to him that is founder of a Religious house not holden in frank almoyn For that Tenure was a discharge of all Corrodies in it self By which book it appeareth also that a Corrody is either certain or uncertain and that it may be for life years in Tail or in Fee Corodio habendo it is a Writ whereby to exact a Corrody of any Abbey or Religious house See Corodie see the Regist. orig fol. 264. Coronatore eligendo is a Writ which after the death or discharge of any Coroner is directed to the Shyreeve out of the Chancery to call together the Free-holders of the County for the choice of a new Coroner to certifie into the Chancerie both the election and the name of the party elected and to give him his oath See Westm 1. cap. 10. and Fitzh nat br fol. 163. and the Register orig fol. 177. Coroner coronator is an ancient Officer of this land so called because he dealeth wholly for the King and Crown There be four of them commonly in every County and they are chosen by the Free-holders of the same upon Writ and not made by Letters Patents Crompt Jurisd fol. 126. This Officer though now he be some inferiour Gentleman that hath some smattering in the Law yet if we look to the statute of Westm 1. cap. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreet Knight that best will and may attend upon such an office Yea there is a Writ in the Register Nisi sit miles fol. 177. b. whereby it appeareth that it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings rent of Free-hold And the Lord Chief Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he remaineth libro assissarum fol. 49.5 coron Coke lib. 4. casu de Wardens c. of the Sadlers fol. 57. b. His office especially concerneth the Plees of the Crown But if you will read at large what anciently belonged unto him read Bract. lib. 3. tract 2. cap. 5. de officio coronatorum circa homicidium and cap. 6. de of sicio coronatoris in thesauris inventis and cap. 6. de officio coronatorum in raptu virginum and cap. 8. de officio coronatorum de pace plagis And Britton in his first Chapter where he handleth it at large Fleta also in his first book cap. 18. and Aâ—drew Horns mirrour of Justices lib. 1. cap. del office del coroners But more aptly for the present times Stawnf pl. cor lib. 1. cap. 51. Note there be certain Coroners special within divers liberties as well as these ordinary officers in every Countie as the Coroner of the Verge which is a certain compasse about the Kings Court whom Crompton in his Jurisd
from the verb couvar i. tegere It is particularly applyed in our Common law to the estate and condition of a married woman who by the lawes of our Realm is in potestute viri and therefore disabled to contract with any to the prejudice of her self of her husband without his consent and privity or at the least without his allowance and confirmation Broke hoc tit per totum And Bracton saith that omnia quae sure uxorit sunt ipsius viri nec habet uxer potestatem sui sed vir L◠2. cap. 15. and that vir est caput mutieris li. 4. cap. 24. and again that in any law-matter sine viro respondere non potest li. 5. tract 2. cap. 3. and tract 5. cap. 23. ejusdem libri hee hath words to this effect Vir uxor sum quasi unica persona quia caro una sanguis unus Res licet sit propria uxoris vir tamen ejus custos cùm sit caput mulieris and lib. 1. cap. 10. nu 2. Uxores sunt sub virg a viri And if the husband alienate the wifes land during the mariage she cannot gainesay it during his life See Cui ante divortium and Cui in vita Covine covina is a deceitfull assent or agreement between two or more to the prejudice or hurt of another New terms of Law It commeth from the French verb convenancer i. depascisci or rather convenir i. convenire Coucher signifieth a Factour that continueth in some place or Countrey for trasique anno 37. Ed. 3. cap. 16. It is used also for the generall book into which any Corporation entreth their particular acts for a perpetuall remembrance of them Counte commeth of the French coumpte i. subductus computatio ratio or of emote i. warratio It signifieth as much as the original de claration in a process though more used in reall actions than personall as declaration is rather applyed to personall than reall Fitz. nat br fol. 16. A. 60. D. Pl. 71. A. 191. E. 217. A. Libellus with the Civilians comprehendeth both And yet count and declaration be confounded sometimes as Count in debt Kitchin fol. 281. count or declaration in appeal pl. cor fol. 78. Count in trespasse Britton ca. 26. Count in an action of Trespasse upon the case for a slander Kuchin fol. 252. This word seemeth to come from France and Normandy For in the grand Custumary ca. 64. I find Contours to be those which a man set teth to speak for him in court as advocates and cap. 63. Pledurs to be another sort of spokes-men in the nature of Atturneys for one that is himself present but suffereth another to tell his tale Where also in the 65. chapter Atturney is said to be he that dealeth for him that is absent See this text and glosse upon those 3. chapters Camntours by Horn in his Mirror of Justices li. 2. ca. Des loyers are Sergeants skilfull in the law of the Realm which serve the common people to pronounce and defend their actions in judgement for their fee when occasion requireth whose duty if it be as it is there described and were observed men might have much more comfort of the Law than they have Countenance seemeth to be used for credit or estimation Old nat br fo 111. in these words Also the attaint shall be granted to poor men that will swear that they have nothing whereof they may make Fine saving their countenance or to other by a reasonable Fine So is it used anno 1. Ed. 3. stat 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levie with their oaths without abating the Debtors countenance Counter computatorium seemeth to come of the Latine computare or the French counter For we use it for the name of a prison whereinto he that once slippeth is like to acconut ere he get out Counter-plee is compounded of two French words contre i. contra adversus and pleder i. causam agere it signifieth properly in our Common law a replication to ayde prier For when the Tenent by cour esie or in dower prayeth in ayde of the King or him in the teversion for his better defence or else if a stranger to the action begun desire to be received to say what he can for the safegard of his estate that which the demandant allegeth against this request why it should not be admitted is called a counter-plee See Broke tit And in this signification it is used anno 25. Ed. 3. stat 3. cap. 7. See also the new Termes of Law and the Statute anno 3. Ed. 1. cap. 39. County comitatus signifieth as much as Shire the one descending from the French the other from the Saxons both containing a circuit or portion of the Realm into the which the whole land is divided for the better government thereof and the more easie administration of justice So that there is no part of the Kingdome that lieth not within some County and every County is governed by a yearly officer whom we call a Sheriff which among other duties belonging to his office putteth in execution all the Commandements and Judgements of the Kings courts that are to be executed within that compasse Fortescue cap. 24. Of these Counties there be four of especiall mark which therefore are termed Counties Palatines as the Countie Palatine of Laucaster of Chester of Durham of Ely an 5. Eliz. 1. ca. 23. I read also of the Countie Palatine of Hexam an 33. H. 8. ca. 10. Unde quaere And this County Palatine is a Jurisdiction of so high a nature that whereas all Plees touching the life or mayhem of man called Plees of the Crown be ordinarily held and sped in the Kings name and cannot passe in the name of any other the chief governours of these by especial charter from the King did heretofore send out all writs in their own name and did all things touching Justice as absolutely as the Prince himself in other Counties only acknowledging him their Superiour and Soveraign But by the Statute anno 27. H. 8. ca. 25. this power is much abridged unto the which I refer the reader as also to Crom. Juris fol. 137. for the whole course of this court Besides these Counties of both sorts there be likewise Counties Corporate as appeareth by the Statute anno 3. Ed. 4 5. And these be certain Cities or antient Boroughs of the land upon which the Princes of our Nation have thought good to bestow such extraordinary liberties Of these the famous Citie of London is one and the principall York another an 32. H. 8. cap. 13. the City of Chester a third an 42. Eliz. cap. 15. Canterbury a fourth Lamb. Eire lib. 1. cap. 9. And to these may be added many more but I have only observed out of the statutes other writers the County of the Town of Kingston upon Hull anno 32. H. 8. cap. 13. the County of the Town of Haverford West
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of the Sea So that when you are out of the Main Sea within the Haven look how many landing places you have so many Creeks may be said to belong to that Haven See Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that a Woman divorced from her Husband hath to recover lands or tenements from him to whom her husband did alienate them during the marriage because during the marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
writing against Marsin Luther in the behalf of the Church of Rome then accounted Domicilium fidei Catholicae Stows annals pag. 863. Deforsour deforciator cometh of the French Forceur i. expugnator It is used in our Common law for one that overcometh and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton cap. 53. next because a man may deforce another that never was in possession as for example if more have right to lands as Common heirs and one entring keepeth out the rest the Law saith that he deforceth them though he do not disseise them Old nat br fol. 118. and Litleton in his Chapter Disconti nuance fol. 117. saith that he which is enfeoffed by the Tenant in Tail and put in possession by keeping out the Heir of him in reversion being dead doth deforce him though he did not disseise him because he entred when the Tenant in tail was living and the Heir had no present right And a Deforsor differeth from an intrudour because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour Bracton lib. 4. cap. pri and a Deforsour is also by holding out the right He iras is above said Deliverances See Repligiare Demand demanda vel demandum cometh of the French Demande i. postulatio postulatus and signifieth a calling upon a man for any thing due It hath likewise a proper significatioÌ„ with the Common Lawyers opposite to plaint For the pursute of all civil actions are either demands or plaints and the persuer is called Demandant or Plaintiff viz. Demandant in actions real and Plaintiff in personal And where the party perfuing is called Demandant there the party persued is called Tenant where Plaintiff there Defendant See Terms of Law verbo Demandant Demy haque See Haque and Haquebut Demain Dominicum is a French word otherwise written Domaine and signifieth Patrimonium Domini as Hotoman saith in verbis feudalibus verbo Dominicum where by divers authorities he proveth those Lands to be dominicum which a man holdeth originally of himself and those to be feodum which he holdeth by the benefit of a superiour Lord. And I find in the Civil Law Rem dominicam for that which is proper to the Emperor Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur being the 38 title of the 7 book And Res dominici juris i. reipub in the same place And by the word Domanium or Demanium are properly signified the Kings Lands in France appertaining to him in property Quia Domanium definitur illud quod nominatim consecratum est unitum incorporatum Regiae coronae ut scripsit Chopinus de domanâ—o Franciae tit 2. per legem Si quando 3. Cod. de bon vacan lib. 10. Mathaeut de Afflictis in consti Siciliae lib. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus fisci redacta Skene de verborum signif verb. Terrae Dominicales In like manner co we use it in England howbeit we here have no land the Crown-land onely excepted which holdeth not of a Superior For all dependeth either mediatly or immediately of the Crown that is of some honour or other belonging to the Crown and not graunted in fee to any inferiour person Wherefore no common person hath any Demaines simply understood For when a man in pleading would signifie his land to be his own he saith that he is or was seised therof in his demain as of Fee Litleton l. 1. c. 1. Whereby he signifieth that though his land be to him and his Heirs for ever yet it is not true Demain but depending upon a superior Lord and holding by service or rent in lieu of service or by both service and rent Yet I find these words used in the Kings right anno 37 H. 8. cap. 16. and 39 Eliz. cap. 22. But the application of this speech to the King and crown land is crept in by errour and ignorance of the word Fee or at least by understanding it otherwise than of the Feudists it is taken But Britton cap. 78. sheweth that this word demeyn is diversly taken sometime more largely as of Lands or Tenements held for life c. and sometime more strictly as for such onely as are generally held in see This word sometime is used for a distinction between those lands that the Lord of a Mannor hath in his own hands or in the hands of his Leassee dimised upon a rent for tearm of years or life and such other land appertaining to the said Mannor which belongeth to free or copy-holders Howbeit the copy-hold belonging to any Manor is also in the opinion of many good Law yers accounted Demeines Bracton in his fourth Book tract 3. cap. 9. num 5. hath these words Item dominicum accipitur multipliciter Est autem dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands anglicè Itèm dicitur dominicum villenagium quod traditur villanis quod quis teÌ„pestivè intempestive sumere possit pro voluntare sua revocare Of this Fleta likewise thus writeth DominicuÌ„ est multiplex Est auteÌ„ DominicuÌ„ propriè terra ad mensaÌ„ assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiviè pro voluntate domini poterit revocari sicut est de terra commissa tenenda quà m diu commissori placuerit poterit dici Dominicum de quo quis babet liberuÌ„ tenementuÌ„ alius usufructum etiaÌ„ ubi quis habet liberuÌ„ tenementuÌ„ alius curaÌ„ sicut de custode dici poterit curatore unde urus dicitur à jure alius quoque ab homine Dominicum etiam dicitur ad differentiam ejus quod tenetur in servitio Dominicum est omne illud tenementum de quo antecessor oblit seâ—situs ut de feudo nec refert cum usufructu vel sine de quo sie ectus esset si viveret recuperare posset per assisam nomine disseisinae licet alius haberet usum fructum sicut dici poterit de illis qui tenent in villenagio qui utuntur fruuntur non nomine proprio sed omine Dominâ— sui Flet. lib. 5. cap. 5. sect Dominicum autem And the reason why Copy-hold is accounted Demeans is because they that be Tenents unto it are judged in law to have no other right but at the will of the Lord. So that it is reputed still after a sort to be in the Lords hands And yet in common speech that is called ordinarily Demeans which is neither free nor copy It is farther to be noted that Demain is sometime used in a more special signification and is opposite to Frank-fee For example those lands which were in the possession of King Edward the Confessour
the Heir of him that holdeth Land of the Crown either by Knights service or in soccage and dyeth be he under or at full age directed to the Escheatour of the County for inquiry to be made by him of what estate the deceased party was seised who is next heir unto him and of what value the Land is The form thereof and other circumstances you may learn in Fitz. nat br fol. 251. Dyer was a learned Lawyer and Lord Chief Justice of the Common Plees in the dayes of Queen Elizabeth who writ a Book of great account called his Commentaries or Reports Dies datus is a respight given to the Tenant or Defendant before the Court Brook tisulo Continuance Dicker of Leather is a quantity consisting of ten hides The name may seem to come from the Greek Decas which is also a Latine word signifying ten in number Diguity Ecclesiastical dignitas Ecclesiaâ—tica is mentioned in the statute anno 26 H. 8. cap. 3. and is by the Canonists defined to be administratio cum jurisdictione potestate te aliquae conjuncta Glos in cap. 1. de consuct in sexte whereof you may read divers examples in Duarynus de sacris Eccles minist benefic lib. 2. cap. 6. Dioces diocesis is a Greek word compounded of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth with us the circuit of every Bishops Jurisdiction For this Realm hath two sorts of divisions one into Shires or Counties in respect of temporal policy another into Diocesses in respect of Jurisdiction Ecclesiasticall Diet a rationabilis is in Bracton used for a reasonable dayes journey lib. 3. parte 2. cap. 16. It hath in the Civil Law divers other significations not needful here to be set down v. vocab utriusque juris Dimibaque See Haque Disalt signifieth as much as to disable Litleton in his Chapter of Discontinuance Disceite See Deceit and deceptione See the new book Entrie verbo Disceit Discent Discensus in the French Descents signifieth in the Common law an order or means whereby Lands or Tenements are derived unto any man from his Ancestors as to makehis discent from his Ancestors Old nat br f. 101. is to shew how and by what degrees the Land in question came to him from his Ancestors as first from his great Grandfather to his Grandfather from his Grandfather to his Father and so to him Or in such other like sort This discent is either lineal or collateral Lineal Discent is conveyed downward in a right line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral discent is springing out of the side of the whole blood as Grandfathers brother Fathers brother c. See the new Tearms of Law Disclamer Disclamium is a Plee containing an expresse denial or refusal as if the Tenant sue a Replevin upon a Distresse taken by the Lord and the Lord avow the taking of the distresse saying that he holdeth of him as of his Lord and that he distremed for rent not payd or service not performed then the Tenant denying himself to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant leeleth his Land Terms of Law Of this see Skene de verb. fignif verbo Disclamation Also if a man denie himself to be of the blood or kindred of another in his Plee he is said to disclaim his blood Fitzh nat br fol. 197. G. See Brook titulo Diselamer If a man arraigned of Felony do disclaim goods being cleered he leeseth them Stawnf pl. cor fol. 186. See the new book of Entries verbo Disclamer Discontinuance Discontinuatio cometh of the French Discontinuer i. cessare intermittere and signifieth in the Common law nothing else but an interruption of breaking off as discontinuance of possession or discontinuance of proces And the large discourse that Litleton hath about this Discontinuance is rather to shew cases wherein it is or wherein it is not than to define the thing The effect of Discontinuance of possession is this that a man may not enter upon his own Land or Tenement alienated whatsoever his right be unto it of his own self or by his own authority but must bring his Writ and seek to recover possession by Law Examples you may have store in his Tearms of Law verbo Discontinuance And in Litleton codem capite with whom agreeth another in these words But Discontinuance of Possession is indeed an impediment to a man for entring into his own Land or Tenements caused by the fact of one that alienated them contrary to right and gave Livery and Seisin of them whereby the true owner is left only to his action See the new Tearms of Law and the Institutes of the Common law cap. 43. and see S. Ed. Cokes Reports lib. 3. the Case of Fines fol. 85. b. The effect of Discontinuance of Plee is that the instance is fallen and may not be taken up again but by a new Writ to begin the Sute a fresh For to be discontinued to be put without day is all one and nothing else but finally to be dismissed the Court of that instance West parte 2. Symbol tit Fines sect 115. So Crompton in his divers Jurisdictions fol. 131. useth it in these words If a Justice seat be discontinued by the not coming of the Justices the King may renew the same by his Writ c. In this signification Fitzherb in his nat br useth the word divers times as discontinuance of Corody fol. 193. A. To discontinue the right of his wise fol. 191. L. 193. L. Discontinuance of an assise fol. 182. D. 187. B. Disgrading Degradatis is the punishment of a Clerk that being delivered to his Ordinaty cannot purge himself of the offence whereof he was convicted by the Juryâ— and is nothing but the privation of him from those orders of Clerkship that he had as Priesthood Deaconship c. Slâ—â—f 〈…〉 138. There is likewise â—isgrading of a Knight Stowes Annals pag. 855. And it is not to be omitted that by the Canon Law there be two forte of disgrading one summary by word onely and another solemn by devesting the party degraded of those Ornaments and Rites which be the ensighes of his Order or Degree Dismes Decimes is made of the French Decimes and signifieth Tithe or the tenth part of all the fruits either of the earth or beasts or our labour due unto God and so consequently to him that is of the Lords lot and had his share viz. our Pastour It signifieth also the Tenths also of all spititual livings yearly given to the Prince called a perpetuar Dismo anno 2. 3. Edwar. 6. cap. 35. which in ancient times were paid to the Pope until Pope Urbane gave them to Richard the second to aid him against Charles the French King and those other that upheld Clement the seventh against him Polidor Vâ—igil Angl. hist
lib. 20. Lastly it signifieth a tribute levied of the Temporality Holinshed in Henry 2. fol. 111. Dispatigemet Disparagatio is by out Common Lawyers used especially for marching an heir in marriage under his or her degree or against decencie See my Institues 〈◊〉 de â—inpliis § 6. Disseisin Cisseisinae cometh of the French Disseisir and signifieth in the Common law an unlawful dispossessing of a man of his Land Tenement or other immoveable or incorporeal right Institut of the Com. Law cap. 15. And how far this extendeth See Bracton libro quarto cap. tertio And therefore the Assises be called Writs of Disseisin that lye against Disseisonrs in any case Wherof some be termy little VVrits of disseisin being vidontiel that is sneable before the Sheriff in the County-court Old nat br fol. 109. because they are determined by the Snyreeve without assise Register Original fol. 198. b. as for Nuissanses of no great projudice Disseisin is of two sorts either simple Disseisin committed by day without force and arm Kracton lib. 4. cap. 4. Bricon cap. 42. 43. 44. where you shall find in what especially it is lawful in what not Britton cap. 53. And by Disseisin by force for the which see Desersour See Fresh disseisin See Redisseisin and Post disseisin See Skine de verbo signifit verbo disseisina Disseisin how many wayes it is commited See Fleta l. 4. c. 1. 〈…〉 and when it is lawful cap. 2. â—n Distresse districtio districtus cometh of the Enench 〈…〉 It signifiethâ— most commonly in the Common lawâ— a compulsion in 〈◊〉 and ons whereby to bring â—min to appear in Court or to pay debt or dutie de â—ied The effect where of most commonly is to divel the party distreined to reple vie the distresse and so to take his action of trespasse against the Distreiner or else 10 compound neighbourly with him for the debt or duty for the which he dissreineth In what cases a Distresse by law fulâ—ste The new Terms of Law The Civilians calbiâ— Riguorum â—â—â—â—ionem Brissonius 〈…〉 lib. 14. This compulsion is by Brittons cap. 71. divided into a distreste per 〈◊〉 and Distresse real Distresse personaâ— is made by surprising a mans moveable goods and detaining them for the security of his appearance to the sure â— and to make hin Plaintiff A Distresse real is made upon immo veable goods as the Grand Cape peâ—it Cape And thus it is interpreted by Hotomon de verb foudal verbo districtus This differeth from an Attachment in this point among others that â— Distresse cannot be taken by any common person without the compasse of his own Fee Eâ—zhâ—vat br fol. 904. except it be presently after the cattel or other thing is driven or borâ— out of the ground by him that perceiveth it to be in danger to be distreined New terms of the Law verbo distresse District us 〈◊〉 is sometime used for the circuit or territory within the which a man may be thus compelled to appearance Ca. ne Romani de electione tu Clem. and Casson de consuetud Burgund pa. 90. Britton cap. 120. and so likewise in Districtio in the Register original fol. 6. b. And so it seemeth to be used in Pupilla oculi par 5. cap. 22. Charta de foresta See also Alynsing in the Chapter licet causam 9. extra de probationibus num 5. and Zasius in his 16. councel num 47. Distresse in the former signification is divided first into finite and infinite Fining is that which is limited by Law how often it shall be made to bring the party to trial of the action as once twice Old nat br fol. 43. Distresse infinite is without limitation until the party come as against a Jury that refuseth to appear super certificatione Assisa the Processe is a venire facias hebeas corpora and distresse infinite Old nat br fol. 113. Then it is divided into a grand distresse anno 52 H. 3. cap. 7 which Fitzherbert calleth in Latine magnam districtiorem nat br fol. 126. A. and an ordinary distresse A grand distresse is that which is made of all the goods and chattels that the party hath within the County Britton cap. 26. fol. 52. But see whether it be sometime not all one with a distresse infinite Ideâ— fol. 80. with whom also the Statute of Marlebridge seemeth to agree anno 52 H. 3. cap. 7. cap. 9. cap. 12. See Old nat br fol. 71. b. See grand distresse what things be distreinable and for what causes See the New Terms of Law veâ—bo Distresse Of this also see more in Attachement Distring as is a Writ directed to the Sheriff or any other Officer commanding him to distrain one for a debt to the King c. or for his appearance at a day See great diversity of this Writ in the Table of the Register judicial verbo distrirgas Divise See Dâ—vise Dividends in the Exchequer seemeth to be one part of an Indenture anno 10 Ed. 1. cap. 11. anno 28. ejusdem Stat. 3. cap. 2. Divorce See Devorce DO Docket is a Brief in writing anno 2. 3. Ph. Mar. cap. 6. West writeth it Dogget by whom it seemeth to be some small piece of paper and parchment containing the effect of a larger writing Symbol par 2. tit Fives Sect. 106. Doctor and Student is a Book containing certain Dialogues between a D. of Divinity and a Student at the Common law wherein are contained questions and cases as well of the equity and conscience used in the Common law as also a Comparison of the Civil Canon and Common Law together very worthy the reading The Author is said by D. Cosin in his Apologie â—o be a Gentleman called Saint German The Book was written in the dayes of H. 8. To do law facere legem is as much as to make law anno 23 H. 6. cap. 14. See Make. Dog draw is a manifest deprehension of an offender against venison in the Forest There be four of these noted by M. Manwood parte 2. of his Forest Laws cap. 18. num 9. viz. Stablestand Dog-draw Back-bear and Bloody-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound that he leadeth in his hand Dogger a kind of Ship an 31. Ed. 3. stat 3. cap. pri Dogger-fish ibid. c. 2. seemeth to be Fish brought in those Shins to Blackney-haven c. Dogger men an 2 H. 8. cap. 4. Dogget See Docket Domo reparanda is a Writ that lyeth for one against his neighbour by the fall of whose house he feareth hurt toward his own house Reg orig fol. 153. for this point The Civilians have the action de damno infacto Dole fish seemeth to be that Fish which the Fishermen yearly imployed in the North Seas do of custome receive for their allowance See the statute an 35 H. 8. cap. 7. Donative is a Benefice meerly given and collated by the Patron to a man without either presentation to
the bestowing or assuring of a Dower See Dower But it is sometime used Metaphorically for the setting forth or severing of a sufficient portion for a Vicar toward his perpetual maintenance when the Benefice is appropriateâ— See Appropriation And the Statute An. 15. R. 2. c. 5. Endowment de la plus belle parte is where a man dying seised of some lands holding in Knights service and other some in socage the Widow is sped of her Dower rather in the lands holding in soccage than Knights service Of this read Litleton more at large lib. 1. cap. 5. Enfranchisement cometh of the French Franchise i. libertas and is in a manner a French word of it self it signifieth in our Common law the incorporating of a man in any society or body politick For example he that by Charter is made Denizen of England is said to be infranchised and so is he that is made a Citizen of London or other City or Burgesse of any Town Corporate because he is made partaker of those liberties that appertain to the Corporation whereinto he is infranchised So a villain is infranchised when he is made free by his Lord and made capable of the benefits belonging to the free-men Englecerie Engleceria is an old abstract word signifying nothing else but to he an English-man For example if a man be privily slain or murdered he was in old time accounted Francigena which word comprehendeth every alien until Englecerie was proved that is until it were made manifest that he was an English-man A man may marvel what meaning there might be in this but Bracton cleareth the doubt who in his third book tract 2. cap. 15. num 3. telleth us that when Canutus the Danish King having setled his estate here in peace did at the request of our Barons disburden the land of his army wherein he accounted his greatest safety and conditioned with them that his Countrey-men which remained here should continue in peace and the more to secure that that for every Francigena under which word as is above said he comprehended all outlandish men and women and especially Danes that was secretly murthered there should be levied to his Treasurie 66 marks out of the village where the murther was committed or out of the Hundred if the Village were not able to pay it and further that every man murthered should be accounted Francigena except Englecery were proved which how it was to be proved look the seventh Number in the same Chapter And see also Horns mirrour of Justices lib. 1. cap. del office del coroner and Fleta lib. 1. cap. 30. This Engleceris for the abuses and troubles that afterward were perceived to grow by it was clean taken away by a Statute made Anno 14. Edward 3. capite quarto Enheritance See Inheritance Enquest Inquifitio is all one in writing with the French word and all one in signification both with the French and Latine Howbeit it is especially taken for that inquisition that neither the Romans nor French men ever had use of that I can learn And that is the Enquest of Jurors or by Jurie which is the most usual trial of all causes both Civil and Criminal in our realm For in causes Civil after proof is made on either side so much as each party thinketh good for himself if the doubt be in the fact it is referred to the discretion of twelve indifferent men empaneled by the Sheriff for the purpose and as they bring in their Verdict so judgement passeth For the Judge faith the Jurie findeth the fact thus then is the Law thus and so we judge For the Enquest in causes criminal see Jurie and see Sir Thomas Smith de Repub. Anglor lib. 2. cap. 19. An Enquest is either of office or at the mise of the party Stawn pl. cor lib. cap. 12. Entendment cometh of the French entendiment i. intellectus ingenium It signifieth in our Common law so much as the true meaning or signification of a word or sentence See of this Kitchin fol. 224. Entayl feudum talliatum cometh of the French entaille i. inscisus and in our Common law is a substantive abstract signifying Fee-tail or Fee-intailed Litleton in the second Chapter of his Book draweth Fee-tail from the verb Talliare which whence it cometh or whether it will I know not whereas in truth it must come from the French taille i. sectura or tailler i. scindere secare And the reason is manifest because Fee-tail in the Law is nothing but Fee abridged scanted or currelled as you would say or limited and tyed to cettain conditions Taille in France is metaphorically taken for a tribute or subsidie v. Lupanum de Magistratibus Francorum lib. 3. cap. Talea See Fee See Tail Enterpleder Interplacitare is compounded of two French words entre i. inter and pleder i. disputare and it signifieth in our Common law as much as cognitio praejudicialis in the Civil Law that is the discussing of a point incidently falling out before the principal cause can take end For example two several persons being found Heirs to Land by two several offices in one Countie the King is brought in doubt to whether livery ought to be made and therefore before Livery be made to either they must enterplead that is formerly trie between themselves who is the right Heir Stawnf praeroga cap. 12. See more examples in Broke titulo Enterpleder Entire tenancie is contrary to several Tenencie signifying a sole possession in one man whereas the other signifieth joynt or common in more See Broke several Tenencie See the new book of Entries verbo Entier tenancie Entry Ingressus cometh of the French entree i. introitus ingressus aditus and properly signifieth in our Common law the taking possession of Lands or Tenements See Plowden Assise of fresh force in London fol. 93. b. It is also used for a Writ of possession for the which see Ingressu And read West also parte 2. Symbol titulo Recoveries Sect. 2. 3. Who there sheweth for what things it lyeth and for what things it lyeth not Of this Britton in his 114. Chapter writeth to his effect The Writs of entry savour much of the right of poverty As for example some be to recover customes and services in the which are contained these two words solet debet as the Writs Quo jure Rationalibus divisis rationabili est overio with such like And in this place of entrie there be three degrees The first is where a man demandeth Land or Tenements of his own seisin after the Term is expired The second is where one demandeth Lands or Tenements let by another after the Term expired The third where one demandeth Lands or Tenements of that Tenent that had entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is withour degrees and in case of a
truly keep the Park c. I read also of an estate particular which is an estate for life or for yeers Parkins Surrenders 581. Estopel seemeth to come from the French estouper i. oppilare obturare stipare obstipare and signifieth in our Common Law an impediment or barre of an Action growing from his own fact that hath or otherwise might have had his Action for example A Tenent maketh a Feofment by collusion to one the Lord accepteth the services of the Feoffee by this he debarreth himself of the wardship of his Tenents Heir Fitzh nat br fol. 142. K. Divers other examples might be shewed out of him and Broke h. titulo Sir Edward Coke lib. 2. casu Goddard fol. 4. b. defineth an estopel to be a barre or hinderance unto one to plead the truth and restraineth it not to the impediment given to a man by his own Act onely but by anothers also lib. 3. The case of Fines fol. 88. a. Estovers Estoverium cometh of the French estouver i. fovere and signifieth in our Common law nourishment or maintenance For example Bracton lib. 3. tractat 2. cap. 18. num 2. useth it for that sustenance which a man taken for Felonie is to have out of his lands or goods for himself and his family during his imprisonment and the statute anno 6 Ed. prim cap. 3. useth it for an allowance in meat or cloath It is also used for certain allowances of wood to be taken out of another mans woods So it is used West 2. cap. 25. anno 13. Edw. 1. M. West parte 2. symbol titulo Fines Sect. 26. saith that the name of Estovers ontaineth House-bote Hay-bote and Plowbote and Plowbote as if he have in his grant these general words Dâ— rationabili esto verio in bosâ—is c. he may thereby claim these three Estrepement or Estrepament estrepementum cometh of the French word estropier i. mutilare obtruncare the which word the French men have also borrowed of the Italians or rather Spaniards with whom Estropear signifieth to set upon the rack It signifieth in our Common law spoil made by the Tenant for Term of life upon any Lands or Woods to the prejudice of him in the reversion as namely in the statute anno 6 Edw. 1. cap. 13. And it may seem by the derivation that Estrepament is properly the unmeasurable soaking or drawing of the heart of the Land by plowing or sowing it continually without manuring or other such usage as is requisite in good Husbandry And yet Estropier signifying nutilare it may no lesse conveniently be applyed to those that cut down Trees or lop them farther than the Law will bear This signifieth also a Writ which lyeth in two sorts the one is when a man having an Action depending as a fordom or dum fuit infra atatem or Writ of right or any such other wherein the Demandant is not to recover dammages sueth to inhibite the Tenant for making waste during the sute The other sort is for the Demandant that is adjudged to recover seisin of the Land in question and before execution sued by the Writ Habere facias seisinam for fear of waste to be made before he can get possession sueth out this Writ See more of this in Fitzherbert nat br fol. 60. 61. See the Register orig fol. 76. and the Register judicial fol. 33. Estreat extractum vel extracta cometh of the French Traict which among other things signifieth a figure or resemblance and is used in our Common law for the copie or true note of an original writing For example of amercements or penalties set down in the Rolls of a Court to be levied by the Bailiff or other Officer of every man for his offence See Fitzh nat br fol. 57. H. I. K. 76. A. And so it is used Westm 2. cap. 8. anno 13 Ed. 1. Estrey extrahura in our Common Law signifieth any beast not wild found within any Lordship and not owned by any man For in this case if it being cryed according to Law in the Market towns adjoyning shall not be claimed by the owner within a year and a day it is the Lords of the soil See Britton cap. 17. See Estrajes in the Forest anno 27 H. 8. cap. 7. New book of Entries verbo Trespas câ—â—icernant estrey EV Evidence evidentia is used in our Law generally for any proof be it testimony of men or instrument Sir Thomas Smith useth it in both sorts lib. 2. cap. 17. in these words Evidence in this signification is Authentical writings of contracts after the manner of England that is to say written sealed and delivered And lib. 2. cap. 23. speaking of the prisoner that standeth at the bar to plead for his life and of those that charge him with Felony he saith thus then he telleth what he can say after him likewise all those who were at the apprehension of the prisoner or who can give any Indices or tokens which we call in our language Evidence against the malefactor EX Examiner in the Chancerie or Starre-Chamber examinator is an Officer in either Court that examineth the parties to any sute upon their oaths or witnesses producted of either side whereof there be in the Chancery two Exception exceptio is a stop or stay to an Action being used in the Civil and Common Law both alike and in both divided into dilatory and peremptory Of these see Bracton lib. 5. tract 5 per totum and Britton cap. 91 92. Exchange excambium vel cambium hath a peculiar signification in our Common law and is used for that compensation which the Warrantor must make to the Warrantee value for value if the Land warranted be recovered from the Warrantee Bracton lib. 2. cap. 16. lib. 1. cap. 19. It signifieth also generally as much as Permutatio with the Civilians as the Kings Exchange anno 1 Hen. 6 cap. 1 4. anno 9 Edw. 3. statut 2. cap. 7. which is nothing else but the place appointed by the King for the exchange of Bullion be it gold or silver or plate c. with the Kings coyn These places have been divers heretofore as appeareth by the said statutes But now is there onely one viz. The Tower of London conjoyned with the Mint VVhich in time past might not be as appeareth by anno 1 Henrici 6. cap. 4. Exchequer see Eschequer Excheator see Escheator Excommunication excommunicatio is thus defined by Panormitan Excommunicatio est nihil aliud quà m censura a Canone vel Judice Ecclesiastico prolata inflicta privans legitima communione sacramentoram quandoque hominum And it is divided in majorem minorem Minor est per quam quis à Sacramentorum participatione conscientia vel sententia arcetur Major est quae non solùm à Sacramentorum verùm etiam fidelium communione excludit ab omni actu legitimo separat dividit Venatorius de senten excom Excommunicato capiendo is a VVrit directed to the
Terms of the Law verbo Account Expectant is used in the Common law with this word fee and thus used it is opposite to Fee simple For example 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 it be given to them and the Heirs of their body c. they have Tail and Fee expectant Kitchin fol. 153. Matthaeus de afflict is useth the Ad ective expectativa substantively in the same signification Descis 292. num 2. p. 412. Explees see Espleese Expeditate expeditare is a word usual in the Forest signifying to cut out the balls of the great dogs feet for the preservation of the Kings game Every one that keepeth any great Dogs not expeditated forfeiteth to the King three shillings four pence Cromptons Jurisdict fol. 152. M. Manwood useth the same word parte prim of his Forest Laws pag. 205 and pag. 212. he setteth down the manner of expeditating Dogges heretofore viz. Quòdtres ortell abscindantur sive pellota de pede anteriori that is that the three clawes of the fore-foot on the right side shall be cut off by the skin whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same manner of expeditating of Dogs shall be still used and kept and none other Quaere whence it groweth that Master Crompton and he differ the one saying that the ball of the foot is cut out the other that the three fore-clawes are pared off by the skin Expensis militum levandis is a Writ directed to the Sheriff for levying allowance for the Knights for the Parliament Regist orig fol. 191. b. Expensis militü non levandis ab hominibus de antiquo dominico nec à nativis is a Writ wherby to prohibit the Sheriff from levying any allowance for the Knights of the Shire upon those that hold in ancient Demesn c. Reg. orig fol. 261. b. Extend extendere cometh of the French estendre i. dilatare dispandere distendere and signifieth in our Common law to value the Lands or Tenements of one bound by Statute c. that hath forfeited his bond to such an indifferent rate as by the yearly rent the Obligor may in time be payd his debt The course and circumstances of this see in Fitz. h. nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a Writ ordinarily called a Writ of Extent whereby the value of Lands c. is commanded to be made and levied in divers cases which see in the Table of the Register original Extent extenta hath two significations sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands or Tenements Register judicial in the Table of the Book Sometime the Act of the Sheriff or other Commissioner upon this Writ Brook titulo Extent fol. 313. Extinguishment in our Common law signifieth an effect of consolidation For example if a man have due unto him a yearly rent out of any Lands and afterward purchase the same Lands now both the property and rent are consolidated or united in one Possessor and therefore the rent is said to be extinguished In like manner it is where a man hath a Lease for years and afterward buyeth the property this is a consolidation of the property and the fruits and is an extinguishment of the Lease See the Terms of Law Extirpatione is a Writ judicial that lieth against him who after a verdict found against him for Land c. doth maliciously overthrow any house upon it c. and it is two-fold one ante judicium the other post judicium Register judicial fol. 13.56.58 Extortion Extortio signifieth in our Common law an unlawful or violent wringing of money or money-worth from any man For example if any Officer by terrifying any the Kings subjects in his office take more than his ordinary duties he committeth and is inditeable of Extortion To this by M. Wests judgement may be referred the exaction of unlawful Usury winning by unlawful Games and in one word all taking of more than is due by colour or pretence of right as excessive toll in Milners excessive prizes of Ale Bread Victuals Wares c. West parte 2. Symbol titulo Indictments Sect. 65. M. Manwood saith that Extortion is Colore officii and not virtute officii parte 1. of his Forest laws pag. 216. M. Crompton in his Justice of Peace fol. 8. hath these words in effect Wrong done by any man is properly a Trespasse but excessive wrong done by any is called Extortion and this is most properly in officers as Sheriffes Maiors Bailiffes Escheatours and other Officers whatsoever that by colour of their Office work great oppression and excessive wrong unto the Kings subjects in taking excessive reward or fees for the execution of their office Great diversity of cases touching Extortion you may see in Cromptons Justice of Peace fol. 48. b. 49. 50. See the difference between colore officii virtute vel ratione officii Plow casu Dives fol. 64. a. This word is used in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum vel quod est ultra debitum vel ante tempus petit id quod post administratam justitiam debetur Extreats See Estreats Eyre See Eire FA. FAculty Facultas as it is restrained from the original and active signification to a particular understanding in Law is used for a privilege or especiall power granted unto a man by favour indulgence and dispensation to do that which by the Common law he cannot do as to eat flesh upon dayes prohibited to marry without Banes first asked to hold two or more Ecclesiastical Livings the Son to succeed the Father in a Benefice and such like And for the granting of these there is an especial Officer under the Arch-bishop of Canterbury called Magister ad Facultates the Master of the Faculties Fag anno 4 Ed. 4. cap. 1. Faint and false action seem to be Synonyma in Litleton fol. 144. for faint in the French tongue signifieth as much as feigned in English Faint pleader falsa placitatio cometh of the French feint a Participle of the Verb feindre i. simulare fingere and pledoir i. placitare It signifieth with us a false covenous or collusory manner of pleading to the deceit of a third party anno 34. 35. H. 8. cap. 24. Faire aliàs Feire feria cometh of the French feire and signifieth with us as much as Nundinae with the Civilians that is a solemn or greater sort of Market granted to any Town by privilege for the more speedie and commodious provision of such things as the subject needeth or the utterance of such things as we abound in above our own uses and occasions both our
English and the French word seemeth to come of Feriae because it is alwayes incident to the privilege of a Fair that a man may not be arrested or molested in it for any other debt than first was contracted in the same or at least was promised to be payed there anno 17 Ed. 4. cap. 2. anno 1 R. 3. cap. 6. Fair-pleading see Beaw-pleader Faitours seemeth to be a French word antiquated or something traduced For the modern French word is faiseur i. factor It is used in the Statute anno 7 R. 2. cap. 5. And in the evil part signifying a bad doer Or it may not improbably be interpreted an idle liver taken from faitardise which signifieth a kind of num or sleepy disease proceeding of too much sluggishnesse which the Latines call veternus For in the said statute it seemeth to be a Synonymon to Vagabond Falk-land alià s Folk-land See Copy-hold and Free-hold False imprisonment falsum imprisonamentum is a trespasseâ— committed against a man by imprisoning him without lawful cause it is also used for the Writ which is brought upon this trespasse Fitzh nat br fol. 86. K. 88. P. v. Broke h. t. See the new book of Entries verbo False imprisonnement Falso judicio is a Writ that lyeth for salse judgement given in the County Hundred Court Baron or other Courts being no Court of Record be the Plea real or personal Regist orig fol 15. Fitzh nat br f l. 17. See the new book of Entries verbo False judgement False prophecies See Prophecies Falso reâ—urno brevium is a Writ lying against the Sheriff for false returning of Writs Reg. â—â—dic fol. 43. b. Falsifie seemeth to signifie as much as to prove a thing to be false Perkins Dower 383 384 385. Farding or farthing of gold seemeth to be a Coyn used in ancient times containing in value the fourth part of a Noble viz. twenty pence silver and in weighth the sixth part of an ounce of gold that is of five shillings in silver which is three pence and something more This word is found anno 9 H. 5. statut 2. cap. 7. thus Item that the King do to be ordained good and just weight of the noble half noble and farthing of gold with the rates necessary to the same for every City c. By which place it plainly appeareth to have been a Coin as well as the noble and half noble Farding deal alià s Farundel of Land Quadrantata terrae signifieth the fourth part of an Acre Cromptons Jurisdict f. 220. Quadrantata terrae is read in the Regist. orig fol. 1. b. where you have also Denariata obolata solidata librata terrae which by probability must rise in proportion of quantity from the farding deal as an half penny penny shilling or pound rise in value and estimation then must obolata be half an acre denariata an acre solidata twelve acres and librata twelve score acres And yet I finde viginti libratas terrae vel reditus Register orig fol. 94. a. fol. 248. b. Whereby it seemeth that Librata terrae is so much as yeeldeth twenty shillings per annum and centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitzherb nat br fol. 87. f. I find these words viginti libratas terrae vel reditus which argueth it to be so much Lands as twenty shillings per annum See Furlong Fate or Fat is a great wooden Vessel which among Brewers in London is ordinarily used at this day to measure Mault by containing a Quarter which they have for expedition in measuring This word is read Anno 1 H. 5. cap. 10. anno 11 H. 6. cap. 8. FE Fealty Fidelitas cometh of the French feaulte i. fides and signifieth in our Common law an oath taken at the admittance of every Tenent to be true to the Lord of whom he holdeth his Land And he that holdeth Land by this onely oath of fealty holdeth in the freest manner that any man in England under the King may hold Because all with us that have Fee hold per fidem fiduciam that is by fealty at the least Smith de Republ. Anglor lib. 3. cap. 8. for fidelitas est de substantia feudi as Duarenus saith de feud cap. 2. num 4. and Matthaeus de afflictis decis 320. num 4. pag. 465. saith that fidelitas est substantiale feudi non servitium The particulars of his oath as it is used among the Feudists you may read well expressed by Zasius in his Tractare de feudis parte 7. num 15 16. which is worth the comparing with the usual oath taken here in our part of Britanie This fealty is also used in other Nations as the Lombards and Burgundians Cassâ—nae us de consuet Burgund pag. 419 420. And indeed the very first creation of this Tenure as it grew from the love of the Lord toward his followers so did it bind the Tenent to fidelity as appeareth by the whole course of the Feods And the breach thereof is losse of the Fee Duarenus in Commentariis feudorum cap. 14. num 11. Wesenbecins in tract de feudis cap. 15. num 4. seq Antonius Contius in methodo feudorum cap. Quibus modis feudum amittitur Hoteman in his Commentaries De verbis feudalibus sheweth a double fealty one generall to be performed in every subject to his Prince the other special required onely of such as in respect of their Fee are tyed by this oath toward their Land-lords both we may read of in the Grand Custumary of Normandy being of course performed to the Duke by all resient within the Dutchie The effect of the words turned into Latine by the Interpreter is this Fidelitatem autem tenentur omnes residentes in Provincia Duci facere servare Unde tenentur sc ei innocuos in omnibus fideles exhibere nec aliquid ipsum incommodi procurare nec ejus inimic is praebere contra ipsum consilium vel juvamen qui ex hoc inventi fuerint ex causa manifesta notabiles traditores Principis reputantur Et omnes eorum possessiones perpetuae Principi remanebunt si super hoc convicti fuerint vel damnati Omnes enim in Normania tenentur Principi fidelitatem observare Unde nullus homagium vel fidelitatem alicujus potest recipere nisi salva Principis fidelitate Quod etiam est in eorum receptbone specialiter exprimendum Inter Dominos autem alios homines fides taliter debet observari quod neuter in personam alterius personâ—lem violentiam seu percutionis injectionem cum violentia debet irrogari Si quis enim eorum ex hoc fuerit accusatus in curia convictus feudum omne debet amittere c. This fealty special is with us performed either by Free-men or by Villains The form of both see anno 14 Ed. 1. stat 2. in these words When a Free-man shall do fealty to his Lord he shall hold
his right hand upon a book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall owe my fealty to you for the Land that I hold of you at the Terms assigned So help me God and all his Saints When a Villain shall do fealty unto his Lord he shall hold his right hand over the book and shall say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall owe you fealty for the Land that I hold of you in Vilienage and shall be justified by you in body and goods So help me God and all his Saints See the Regist. orig fol. 302. a. Fee Feodum aliàs Feudum cometh of the French fief i. praedium beneficiarum vel res cliextelaris and is used in our Common law for all those lands which we hold by perpetual right as Hotoman well noteth verb. Feodum de verbis feudalibus Our ancient Lawyers either not observing whence the word grew or at least not sufficiently expressing their knowledge what it signified among them from whom they took it Feudum whence the word Fief or Fee cometh signifieth in the German language beneficium cujus nomine opera quaedam gratiae testificandae causa debentur Hot. disput cap. 1. And by this name go all Lands and Tenements that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject do divide all Lands and Tenements wherein a man hath a perpetual estate to him and his Heirs c. into Allodium Feudum Allodium is defined to be every mans own land c. which he possesseth meerly in his own right without acknowledgement of any service or payment of any rent unto any other and this is a property in the highest degree and of some it is called Allaudium ab à privativa particula laudum vel laudatio ut sit praedium cujus nullus author est nifi deus Est enim laudare vel Novio teste nominare Quod Budaeus docuit ad Modestinum 1. Herennius 63. π. de haere institut Prataeus verbo Allaudium Hotoman in verb. feud Feudum is that which we hold by the benefit of another and in the name whereof we owe service or pay rent or both to a superior Lord. And all our land here in England the Crown-land which is in the Kings own hands in the right of his Crown excepted is in the nature of Feudum or Fee for though many a man hath land by descent from the Ancestors and many another hath dearly bought land for his money yet is the land of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed from him So that if we will reckon with our Host as the proverb is there is no man here that hath directum dominium i. the very property or demain in any Land but the Prince in the right of his Crown Cambd. Britan. pag. 93. for though he that hath Fee hath jus perpetuum utile domixium yet he oweth a duty for it and therefore is it not simply his own Which thing I take those words that we use for the expressing of our deepest rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that land or tenement in my demain as of Fee Seisitus inde in dominico meo ut de feudo and that is as much as if he said it is my demain or proper land after a sort because it is to me and mine Heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the statut an 37 H. 8. c. 16. useth these words of lands invested in the Crown but it proceedeth from the ignorance of the nature of this word Fee for see cannot be without fealty sworn to a superiour as you may read partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman both in his Commentaries and Disputations And no man may grant that our King or Crown oweth fealty to any superior but God onely Yet it may be said that land c. with us is termed fee in two respects one as it belongeth to us and our Heirs for ever and so may the Crown-lands be called Fee the other as it holdeth of another which is and must be far from our Crown Britton c. 32. defineth fee to this effect Fee is a right consisting in the person of the true Heir or of some other that by just title hath purchased it Fletz saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis sive sit tenementum sive reditus qui non proveniunt ex camera alio modo dicitur feudum sicut ejus qui feoff at quod quis tenet ab alio sicut dicitur talis tenet de tali tot seuda per servitium militare lib. 5. cap. 5. § Feudum autem And all that write de feudis do hold that Feudataerius hath not an entire property in his fee Nay it is held by right learned men that these Fees were at the first invention or creation of them either all or some of them temporary and not perpetual and hereditary Jacobutius de Franchis in praeludio feud cap. 2. num 133. The divisions of fee in divers respects are many and those though little known to us in England yet better worthy to be known than we commonly think But for our present purpose it is sufficient to divide Fee into two sorts Fee-absolute otherwise called Fee-simple and Fee-conditional other-wise termed Fee-tail Fee simple Feudum simplex is that whereof we are seiled in these general words To us and our Heirs for ever Fee-tail Feudum taliatum is that whereof we are seised to us and our Heirs with limitation that is the Heirs of our body c. And Fee-tail is either general or special General is where land is given to a man and the Heirs of his body The reason whereof is given by Litleton cap. 2. lib. 1. because a man seised of land by such a gift if he marry one or more wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the land Fee-tail special is that where a man and his wife be seised of lands to them and the Heirs of their two bodies The reason is likewise given by Litleton in the same place because in this case the Wife dying without issue and he marrying another by whom he hath issue this issue cannot inherit the land being specially given to
not punished by death though it be losse of goods Any other exception I know not but that a man may call that felony which is under petit treason and punished by death And of this there be two sorts one lighter that for the first time may be releeved by Clergie another that may not And these you must also learn to know by the Statutes for Cleargy is allowed where it is not expressely taken away Of these matters read Stawnfords first book of his pl. cor from the end of the second Chapter to the 39. and the Statutes whereby many offences be made felony since he writ that learned Book See also Lamberds Justice of peace lib. 2. cap. 7. in a Table drawn for the purpose As also lib. 4. cap. 4. pag. 404 and Cromptons in hi-Justice of Peace fol. 32. c. Felony is also punished by losse of Lands not entailed and goods or chattels as well real as personal and yet the Statutes make difference in some cases touching Lands as appeareth by the Statute anno 37 H. 8. cap. 6. Felony ordinarily worketh corruption of blood though not whâ—re a Statute ordaineth an offence to be Felony and yet withal saith that it shal not work corruption of blood As anno 39 Elizab. cap. 17. How many wayes Felony is committed See Cromptons Justice of peace pag. 32 c. Feyr See Fayr Felo de se is he that committeth felony by murthering himself See Cromptons Justice of Peace fol. 28. and Lamberds Eirenarcha lib. 2. cap. 7. pag. 243. Fencemoneth is a moneth wherein it is unlawful to hunt in the Forest because in that moneth the Female Deer do faun and this moneth beginneth 15. dayes before Midsomer and endeth 15 dayes after So that to this moneth there be 31 dayes See Manwood parte prim of his Forest laws pag. 80. but more at large parte secunda cap. 13. per totum It is also called the defence moneth that is the forbidden moneth and the word defence is used in like sort West 2. cap. 47. anno 13 Ed. 1. in these words All waters where Salmons be taken shall be in defence for taking of Salmons from the Nativity c. Fennycric or rather Fene-greek Foenum Graecum is a medicinal plant or herb so called because it groweth like Hey and cometh out of Greece Of this you may read more in Gerards Herbal lib. 2. cap. 48 The feed thereof is reckoned among drugs that are to be garbled anno 1. Jacob. cap. 19. Feofment feoffamentum by the opinion of S. Tho. Smith de Repub. Anglor lib. 3. cap. 8. and M. West parte prim symbol lib. 2. Sect. 280. is descended from the Gottish word Feudum which you have interpreted in Fee and signifieth donationem feudi But as M. West also addeth it signifieth in our Common law any gift or grant of any Honors Castles Manors Mesuages Lands or other corporeal and immovenble things of like nature unto another in Fee-simple that is to him and his Heirs for ever by the delivery of seisin and possession of the thing given whether the gift be made by word or writing And when it is in writing it is called a deed of feofment and in every feofment the giver is called the Feoffour feoffator and he that receiveth by vertue thereof the Feoffee feoffatus and Litleton saith that the proper difference between a Feoffour and a Donour is that the Feoffour giveth in Fee-simple the Donour in Fee-tail lib. 1. cap. 6. Feodarie aliás Feudarie aliâs feudatarie feudatarius is an officer authorized and made by the Master of the Court of Wards and Liveries by Letters patents under the Seal of that office His function is to be present with the Escheatour at the finding of any office and to give evidence for the King as well concerning the value as the tenure and also to survey the land of the Ward after the office found and to rate it He is also to assign the Kings Widows their Dowers and to receive all the rents of the Wards lands within his circuit and to answer them to the Receiver of the Court of Wards and Liveries This officer is mentioned anno 32 H. 8. cap. 46. Ferdfare significat quietantiam eundi in exercitum Fleta libr. pri cap. 47. Ferdwit significat quiâ—tantiam murdri in exercitu Fleta libr. pri cap. 47. Ferm firma cometh of the French Ferme i. colonia villa praedium and signifieth with us house or land or both taken by indenture of lease or lease parol It may likewise not unaptly be conjectured that both the French and English word came from the Latine firmus for locare ad firmum I find sometime to signifie with others as much as to set or let to farm with us The reason whereof may be in respect of the sure hold they have above tenents at will v. vocabul utriusque juris verbo afflictus The Author of the new Terms of law deriveth this word from the Saxon feormian which signifieth to feed or yeeld victual For in ancient time the reservations were as well in victuals as money which I leave to the judgement of the Reader How many wayes ferm is taken See Plowden casu Wrothesley fol. 195. a. b. Feudarie See Feodarie FI Fieri facias is a Writ judicial that lyeth at all times within the year and day for him that hath recovered in an Action of Debt or Dammages to the Sheriff to command him to levie the Debt or the Dammages of his goods against whom the recovery was had This Writ hath beginning from West 2. c. 18. anno 13 Ed. 1. See Old nat br fol. 152. See great diversity thereof in the Table of the Register Judicial verbo Fieri faciâ—â—s Fifteenth Decimaquinta is a tribute or imposition of money laid upon a City Borough and other Town through the Realm not by the polle or upon this or that man but in general upon the whole City or Town so called because it amounteth to one fifteenth part of that which the City or Town hath been valued at all of old This is now a dayes imposed by Parliament and every Town through the Realm great or lesse knoweth what a fifteenth for themselves doth amount unto because it is perpetual whereas the subsidie which is raised of every particular mans lands or goods nust needs be uncertain because the estate of every several man is so ticklish and uncertain And in that regard am I driven to think that this fifteenth is a rate anciently laid upon every Town according to the land or circuit belonging unto it whereof M. Cambden hath many mentions in his Britannia In stead of the rest take a few pag. 168. of Wels in Somersetshire he writeth thus Quo tempore ut testatur censualis Angliae liber Episcopus ipsum oppidum tenuit quod pro quinquaginta hidis geldavit And pag. 171. of Bathe Geldabat pro viginti hidis quando Schira geldabat Thirdly pag. 181. of old Sarisbury thus Pro
quinquaginta hidis geldabat And these rates were taken out of Dooms-day in the Eschequer so that this seemed in old time to be a yearly tribute in certaintie whereas now though the rate be certain yet it is not levied but by Parliament See Task See Quinsieme Filazer filazarius cometh of the French Filace i. filum filacium It is an officer in the Common plees whereof there be fourteen in number They make oâ—t all original processe as well real as personal and mixt and in actions meerly personal where the Defendants be returned or summoned there goeth out the distresse infinite until appearance If he be returned Nihil then Processe of Capias infinite if the Plaintiff will or after the third Capias the Plaintiff may go to the Exigenter of the Shire where his Original is grounded and have an Exigent or proclamation made And also the Filazer maketh forth all Writs of view in causes where the view is prayed he is also allowed to enter the imparlance or the general issue in common actions where appearance is made with him and also judgement by confession in any of them before issue be joyned and to make out Writs of Execution thereupon But although they entred the issue yet the Protonotary must enter the judgment if it be after Verdict They also make Writs of Supersedeas in case where the Defendant appeareth in their offices after the Capias awarded Filctale see Sothale File Filacium is a thread or wyer whereon Writs or other Exhibits in Courts are fastned for the more fafe keeping of them Finders anno 18 Edw. 3. stat 1. cap. unico anno 14 Rich. 2. cap. 10. seem to be all one with those which in these dayes we call Searchers Fine finis cometh of the French fin i. finis and hath divers applications in our Common law sometimes being used for a formal or ceremonious conveyance of Lands or Tenements or as West saith titulo Fines sect 25. of any thing inheritable being in esse tempore finis to the end to cut off all controversies West parte 2. symbol sect 1. defineth a Fine in this signification covenants made before Justices and entred of Record And out of Glanvile thus lib. 8. cap. 1. Finis est amicabilis compositio finalis concordia ex consensu licemia Domini Regis vel ejus Justiciariorum And lib. 9. cap. 3. Talis concordia finalis dicitur eo quod finem imponit negetio adeo ut neutra pars litigantium ab eo de â—â—tero poterit recedere And out of Bracton lib. 5. tract 5. cap. 28. num 7. thus Finis ideo dicitur finalis concordia quia imponit finem litibus est exceptio per emptoria The Author of the new Terms of law defineth it to be a final agreement had between persons concerning any Land or rent or other thing whereof any sute or Writ is between them hanging in any Court. See the new Book of Entries verbo Fines This fine is of so high a nature that Bracton lib. 3. cap. 7. num 3. hath these words of it Item immediatè pertinet ad Regem querela finis factae in curia Domini Regis non observata Et est ratio quia nemo potest finem interpretari nisi ipse Rex in cujus curia fines fiunt See also anno 27 Ed. prim stat prim cap. 1. The Civilians would call this solemn contract transactionem judicialem de re immobili because it hath all the properties of a transaction if it be considered in his original use v. Wesemb parat titulo de transact For it appeareth by the Writers of the Common law above named that it is nothing but a composition or concord acknowledged recorded before a competent Judge touching some hereditament or thing immoveable that earst was in controversie between those that be parties to the same concord and that for the better credit of the transaction being by imputation made in the presence of the King because it is levied in his Court and therefore doth it bind Women covert being parties and others whom ordinarily the Law disableth to transact onely for this reason that all presumption of deceipt or evil meaning is excluded where the King is privy to the Act. But discourse of wit and reason hath in time wrought other uses of this concord which in the beginning was but one as namely to secure the title that any man hath in his possession against all men to cut off Intails and with more certainty to passe the Interest or the Title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much that the passing of a Fine in most cases now is it but mera fictio juris alluding to the use for the which it was invented and supposing a doubt or controversie where in truth none is and so not onely to work a present prescription against the parties to the concord or fine and their Heirs but within five years against all others not ex-expresly excepted if it be levied upon good consideration and without covine as Women covert persons under 21 years or prisoners or such as be out of the Realm at the time when it was acknowledged Touching this matter see the statutes anno 1 Rich. 3. cap. 7. anno 4 H. 7. cap. 24. anno 32 H. 8. cap. 36. anno 31 Eliz. cap. 2. This fine hath in it five essential parts the original writ taken out against the Conizour the Kings License giving the parties liberty to accord for the which he hath a fine called the Kings Silver being accounted a part of the Crowns revenue Thirdly the concord it self which thus beginneth Et est concordia talis c. Fourthly the note of the fine which is an abstract of the original concord and beginneth in this manner Sc. Inter R. querentem et S. et Euxorem ejus deforciantes c. Fiftly the foot of the fine which beginneth thus Haec est sinalis concordia facta in Curia domini Regis apud West à die Paschae in quindecim dies anno etc. So as the foot of the fine includeth all containing the day year and place and before what Justice the concord was made Coke vol. 6. casu Teye fol. 38 et 39. This fine is either simgle or double A single fine is that by which nothing is granted or rendred back again by the Cognizees to the Cognizours or any of them A double fine containeth a grant render back again either of some rent comon or other thing out of the land or of the land it self to all or some of the Cognizours for some estate limiting thereby many times Remainders to strangers which be not named in the Writ of covenant West ubi supra Sect. 21. Again a fine is of the effect divided into a fine executed and a fine executory A fine executed is such a fine as of his own force giveth a present possession at
disavow or forsake whatsoever right he hath unto them See the Statute anno 10. Edward 1. cap. unico Forstall is to be quit of amerciaments and cattels arrested within your land and the amerciaments thereof comming New terms of law Forstalling forstallatio is partly French for estaller is in that tongue as much as merces exponere expedice explicare or to shew wares in a Market or Fair. It signifieth in our Common law the buying or bargaining for any victuals or wates comming to be sold toward any Fair or Market or from beyond the Seas toward any City Port Haven Creek or road of this Realm and before the same be there anno 51. H. 3. stat 6. West parte 2. Symbol titulo indictments sect 64. Forstaller in Cromptonâ— Jurisdiction fol. 153. is used for stopping of a Deer broker out of the Forest from returning home again or laying between him and the Forest in the way that he is to return See Regratours and Engrossers See Cromptons Justice of peace fol. 69. a. The Author of the new terms of Law defineth it thus Forstalling Forstallamentum is the buying of Corn Cattell or other Merchandise by the way as it cometh toward the Fair or Market to be sold to the intent to sell the same again at a more high and deer price Fleta saith thus of it significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. cap. 47. Fortescue was a learned Lawyer and Lord Chanceller in Henry the 6. daies who writ a book in the commendation of our Common Laws Fortlet forte letum cometh neer the French fortlet i. valenticulus forticulus and signifieth in our Common law a place of some strength Old nat br fol. 45. This in other Countries is written fortalitium and signifieth castrum Scraderus select practabil quaest sect 12. num 7 8. Fother is a weight of twenty hundred which is a wain or cart load Speight in his Annot upon Chawcer Fourche Afforciare seemeth to come of the French Fourchir i. tiâ—ubare lingua and signifieth in our Common law a putting off prolonging or delay of an action and it appeareth no unpleasant Metaphor for as by stammering we draw out our speech not delivering that wee have to say in ordinary time so by fourching wee prolong a sute that might be ended in a shorter space To fourch by essoin Westm 1. cap. 24. anno 3. Edw. pri where you have words to this effect Coparceners Jointenants and Tenents in common may not fourch by essoin to essoin severally but have only one essoin as one sole tenent may have And anno 6. Edw. 1. ca. 10. You have it used in like sort Foutgeld is a word compounded of these two German words fous i. pes and gyldan i. solvere and it signifieth an amercement for not cutting out the balls of great dogs feet in the Forest See Expeditate And to be quit of footgeld is a privilege to keep dogs within the Forest unlawed without punishment or controlement Cromptons Jurisd fol. 197 Manwood parte pri of his Forest Laws pag. 86. Fowles of warren See Warren Founder is he that melteth metal and maketh any thing of it by casting it into a mould c. anno 17. Rich. 2. cap. 1. derived of the verb fundere to powre FR Franthise libertas franchesia cometh of the French franchise so signifying it is taken with us for a privilege or an exemption from ordinary jurisdiction and sometime an immunity from tribute It is either personall or reall Crompt Jurisd fol. 141. that is belonging to a person immediately or else by means of this or that place or Court of immunity whereof he is either chief or a member In what particularly things franchises commonly consist See Britian cap. 19. Franchise royall anno 15. R. 2. ca. 4. et anno 2. H. 5. cap. 7. in fine seemeth to be that where the Kings writs run not as Chester and Durham they are called Seignories royal anno 28. H. 6. cap. 4. The author of the new Terms of law saith that franches royal is where the King granteth to one and his heirs that they shall be quit of tolle or such like See franchise in the new book of Entries See Bracton lib. 2. cap. 5. See Sac. Frank almoin libera Eleemozyna in french frank Ausmone signifieth in our Common law a tenure or title of lands Britton cap. 66. num 5. saith thus of it Frank almoyne is lands or tenements bestowed upon God that is given to such people as bestow themselves in the service of God for pure and perpetual almes whence the Feoffours or givers cannot demand any terrestiall service so long as the lands c. remain in the hands of the Feoffees With this agreeth the grand Costumary of Normandie cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. See Fitzh nat br fol 211. See the new book of Entries verbo Frank almoin But Britton maketh another kind of this land c. which is given in almes but not free almes because the tenents in this are tyed in certain services to the Feoffour Britton ubi supra Frank bank francus bancus in true french franc bank signifieth word for word a free bench or seat and among our Law-writers it seemeth to be used for Copyhold lands that the wife being espoused a virgin hath after the decease of her husband for her dower Kitchin fol 102. Bracton lib. 4. tract 6. cap. 13. nu 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant francum bancum suum de terris sockmaxnorum et tenent nomine dotis Fitz. calleth it a custome whereby in certain Cities the wife shall have her husbands whole lands c. for her dower Nat. br fol. 150. P. See Plowden casu Newis fol. 411. Frank chase Libera chasea is a liberty of feee chase whereby all men having ground within that compasse are prohibited to cut down wood or discover c. without the view of the Forester though it be his own Demesn Cromptons Jurisdictions fol. 187. Frank fee feudum francum seis liberum is by Broke tit Demesn num 32. thus expressed That which is in the hand of the King or Lord of any Mannor being antient demesn of the Crown viz. the Demesns is called frank fee and that which is in the hands of the tenents is ancient demeasn only see the Register orign fol. 12. a. Whereby it seemeth that that is frank fee which a man holdeth at the Common law to himself and his heirs and not by such service as is required in antient demesn according to the custome of the mannor And again I find in the same book fol. 14. b. a note to this effect that the lands which were in the hands of King Edward the Saint at the making of the book called Doomesday is antient demesn and that all the rest in the Realm is called frank
died in pound Kitchin fol. 145. or if he claim a propriety in the Cattel sued for Terms of the Law To wage law what it is see in his place verbo Law See Mortgage Gager deliverance See Gage Gayle See Gaol Gainage Wain agium is â—eer to the French Gaignage i. quaestus lucrum and signifieth in our Common law the land held by the baser kind of Sokemen or Villeins Bracton lib. 1. cap. 9. where he hath these words speaking observants Et in hoc legem habet contra dominos quòd stare possunt in judicio contra eos de vita membris propter saevuiam dominorum vel propter intolerabilem injuriam Ut si eos destruant quòd salvum non possit eis esse Wainagium suum Hoc autem verum est de illis servis qui tenent in antiquo dominico coronae And again lib. 3. tract 2. cap. 1. Miles liber homo non amerciabitur nisi secundum modum delicti secundum quod delictum fuit magnum vel parvum salvo contenemento suo Mercator verò non nisi salva mercandiza sua villanus non nisi salvo Wainagio suo This in West 1. cap. 6. anno 3. Ed. prim is called Gaynure and again cap. 17. and in magna charta cap. 14. it is called Wainage I find it in the Old nat br fol. 117. called Fainor v.z. in these words The Writ of Aile was praecipe c. quòd reddat unam bovatam terrae unam bovatam marisci and â—he Writ was abated for that the oxegang is alwayes of a thing that lyeth in gainor I think this word was used of lands usually plowed because they that had it in occupation had nothing of it but the profit and fruit raised of it by their own pains toward their sustenance nor any other title but at the Lords will Gainor again in the same book fol. 12. is used for a Sokeman that hath such land in his occupation In the 32. Chapter of the Grand Custumary of Normandie Gergneurs be ruricolae qui terras eleemozynatas possidem and Britton useth gainer for to plow or till fol. 65. a. 42. b. West parte 2. symbol titulo Recoveries sect 3. hath these words A praecipe quòd reddat lyeth not in Bovata marisci 13 Ed. 3. fol. 3. nor de selione terrae Edw. 1. for the uncertainty because a selion which is a land sometime containeth an acre sometime half an acre sometime more and sometime lesse It lyeth not of a garden cotage or croft 14. Assis 13.8 H. 63.22 Ed. 4.13 de virgata terrae 41.43.13 Ed. 3. de fodina de minerade mercatu 13 E. 3. for they be not in demesn but in gain c. Lastly in the statute of distresses in the Exchequer anno 51 Hen. 3. I find these words No man of religion nor other shall be distreined by his beasts that gain the land Galege galicae seemeth to come of the French galloches which signifieth a certain kind of shoo worn by the Gaules in foul weather of old times I find it used for some such Implement anno 4 Ed. 4. cap. 7. anno 14. 15 H. 8. c. 9. where is written plainly Galoches Galingal cyperus is a medicinal herb the nature and diversity whereof is expressed in Gerards Herbal lib. 1. cap. 22. The root of this is mentioned for a drugge to be garbled anno 1 Jacob. cap. 19. Gallihalpens were a kind of coin forbidden by the statute anno 3 H. 5. cap. 1. Galloches See Galege Galls Gallae be a kind of hard fruit like a nut but rounder growing of the Tree called in Latine galla The divers kinds and uses whereof Gerard expresseth in his Herbal lib. 3. c. 34. This is a drug to be garbled an Ja. c. 19. Gaol gaola cometh of the French Geole i. caveola a cage for birds but is metaphorically used for a prison Thence cometh Geolier whom we call Gayler or Gaoler Garbe Garba cometh of the French garbe altâs gerbe i. sascis It signifieth with us a bundle or sheaf of corn Charta de Foresta cap. 7. and garba sagittarum is a sheaf of arrowes Skene de verb. significat verbo Garbae Garbling of bow-staves anno 1 R. 3. cap. 11. is the sorting or culling out the good from the bad As garbling of Spice is nothing but to purifie it from the drosse and dust that is mixed with it It may seem to proceed from the Italian garbo that is finesse neatnesse Gard Custodia cometh of the French garde being all of one signification It signifieth in our Common law a custodie or care of defence but hath divers applications sometimes to those that attend upon the safety of the Prince called Yeoman of the Guard sometime to such as have the education of children under age or of an Idiot sometime to a Writ touching Wardship Which writs are of three sorts one called a right of Guard or Ward in French droit de gard Fitzh nat br fol. 139. The second is ejectment de gard Idem fol. 139. L. The third is ravishment de gard Idem fol. 140. F.G. See Gardein see Ward Gardein Custos cometh of the French Gardien and yet the German Warden is neer unto it It ligniheth generally him that hath the charge or custodie of any person or thing but most notoriously him that hath the education or protection of such people as are not of sufficient discretion to guide themselves and their own affairs as Children and Idiots being indeed as largely extended as both Tutor and Curator among the Civilians For where as Tutor is he that hath the government of a youth untill he come to fourteen yeers of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to five and twenty years or that hath the charge of a frantick person during his lunacie the common Lawyers use but onely Gardien or Gardian for both these And for the better understanding of our English law in this thing you must know that as Tutor is either Testamentarius or à Praetore datus est ex lege Atilia or lastly legitimus so we have three sorts of Gardeins in England one ordained by the Father in his last will another appointed by the Judge afterward the third cast upon the Minor by the law and custome of the land Touching the first a man having goods and Chattels never so many may appoint a Gardein to the body or person of his child by his last VVill and Testament until he come to the age of fourteen years and so the disposing or ordering of his substance until what time he thinketh meet and that is most commonly to the age of 21 years The same may he do iâ— he have lands to never so great a value so they hold not in capite of the King nor oâ— any other Lord by Knights service And in the former case if the Father appoint no Gardein to his Child the Ordinary
peril toward the sea side as Porchmouth c. Of these you shall read anno 18. Edward 3. stat 2. ca. 7. anno 25. ejusd stat 5. ca. 8. Hoghenhine is he that commeth guestwise to an house and lieth there the third night After which time he is accounted of his family in whose house he lieth and if he offend the kings peace his host must be answerable for him Bracton lib. 3. tract 2. ca. 10. In the Laws of king Edward set forth by Master Lambert he is called Agenhine where you may read more of this matter Hithe hitha is a petty haven to land wares out of vessels or boats New book of Entries fol. 3. colum 3. HO Hogshead is a measure of wine or oyle containing the fourth part of a tun that is 63 gallons an 1. R. 3. ca. 13. Holstings see Hustings Homage Homagium is a French word signifying Fidem clientularem For in the original grants of land and tenements by way of fee the Lord did not only tye his tenents or feed men to certain services but also took a submission with Promise and oath to be true and loyal to him as their Lord and Benefactor This submission was and is called homage the form whereof you have in the second Statute anno 17. Edw. 2 in these words when a free man shall doe homage to his Lord of whom he holdeth in chief he shall hold his hands together between the hands of his Lord and shall say thus I become your man from this day forth for life for member and for worldly honour and shall owe you my faith for the land I hold of you saving the faith that I do owe unto our Soveraign Lord the King and to mine other Lords And in this manner the Lord of the fee for which homage is due taketh homage of every tenent as he cometh to the land or fee. Glanvile lib. 9. cap. 1. except they be women who perform not homage but by their husbands yet see Fitzherbert that saith the contrary in his nat br fol. 157. F. Read Glanvile more at large in the said first Chapter with the second third and fourth The reason of this M. Skene giveth de verbo significatione verbo Homagium viz. because Homage especially concerneth service in warre He saith also that consecrated Bishops do no homage but only fidelity the reason may bee all one And yet I find in the Register orig fol. 296. a. that a woman taking livery of lands holden by Knights service must doe homage but not being jointly infeossed for then she doth only fealtie And see Glanvile in the end of the first chapter of his ninth book touching Bishops consecrated whom he denieth to perform homage to the King for their Baronie but only fealty Fulbeck reconcileth this fol. 2C a. in these words By our law a religious man may doe homage but may not say to his Lord Ego devenio home vester because he hath professed himself to be only Gods man but he may say I do unto you homage and to you shall be faithfull and loyall See of this Britten cap. 68. Homage is eithes new with the fee or ancestrel that is where a man and his Ancestors time out of mind have held their lands by homage to their Lord whereby the Lord is tied to warrant the land unto his tenent Newterms of the Law This homage is used in other Countries as well as ours and was wont to be called Hominium See Hotom de verbis feudalibus verbo Homo Skene divideth it into liegium non liegium de verb. signif v. Homage for the which see Leige and Hotoman disputatione de feudis tertia Homage is sometime used for the jury in the Court Baron Smith de Repub Anglo lib. 2. cap. 27. the reason is because it consisteth most commonly of such as owe homage unto the Lord of the fee. And these of the Feudists are called pares curiae sive curiis sive domus sic dicuntur enim convassalli sive compares qui ab eodem patrono feudum receperunt vel qui in eodem territorio feudum habeut Hotoman Of this Homage you may read in the nine and twentieth chapter of the grand Custumary of Normandy where you shall understand of other sorts of homage used by them and strange unto us Whereunto join Hotoman disputat de feudis in divers places and namely Columna 860. c. hiis verbis Deinceps de nota lâ—ommii feudal tiae subjectionis videamus Omnium quidem video esse commune ut dexter as tanquam in soedei ibus jungerent plerumqne etiam ut dexteris aversis osculum praebereut interdum ut ambas manus junctas patrono contrectandas praeberent supplicum et deditiorum nomine qui velatas manus porrigebant And pag. 861. hiis verbis Multis Galliae atque etiam Angliae moribus constisutum est Quod ex Anglico Littletoneo intelleximus ut hominium servili et suppliciveneratione ac planè tanquam à dedititiis praestetur Nam vasallus discinctus nudo capite ad pedes sedentis patroni pro ectus ambas manus junctas porrigit quas dum Dominus suis manibus amplectitur haec verba pronunciat Here veâ—io in tuum hominium et sidem et homo tuus fio ore et manibus tibique juro ac spondeo sidelem me tibi fâ—lis um eorum fendorum nomine quae tuo beneficio accepi c. Whereunto you may adde him colum 819. g. 822. s et 857. b et d. et f. of homage in Scotland read M. Skene de verb. signtf verbo Homaegium To whom you may also joyn a plentiful discourse in speculo Durandt commonly called speculator among the Civilians tit De feudis Homagio respectuando is a writ to the escheator commanding him to deliver seisin of lands to the heir that is at full age notwithstanding his homage not done which ought to be performed before the heir have livery of his lands except there fall out some reasonable cause to hinder it Fitzher nat br fol. 269. Homine eligendo ad custodiendam peciam figilli pro mercatoribus aediti is a writ directed to a Corporation for the choice of a new man to keep the one part of the Seal appointed for Statutes Merchant when the order is dead according to the Statute of Acton Burnel Regist original fol. 178. a. Homine replegiando is a writ for the bayl of a man out of prison which in what cases it lieth and what not see Fitz. natura brev fo 66. See also the Register origin fo 77. See the new book of Entries verto Homine replegiando Homine capto in Withernamium is a writ to take him that hath taken any bondman or woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. orig fo 79. a. See Withernam Fomicide homicidium is the slaying of a man and it is divided into voluntary and
or Exigent taken and committed to prison for another man of the same name whereof see the form and farther use in Fitz. nat br fol. 267. See the Regist. original fol. 194. Idiot and he that afterward becommeth of insane memory differeth in divers cases Coke fol. 154. b. lib. 4. See here following Idiota inquirenda Idiota inquirenda vel examinanda is a writ that is directed to the Excheator or the Sheriff of any County where the King hath understanding that there is an Idiot naturally born so weak of understanding that he cannot govern or manage his inheritance to call before him the party suspected of Idiocie and examine him And also to enquire by the oaths of 12. men whether he be sufficiently witted to dispose of his own lands with discretion or not and to certifie accordingly into the Chancerie For the King hath the protection of his Subjects and by his prerogative the government of their lands and substance that are naturally defective in their own discretion Statut. de praerogrativa Regis editum anno 17 Ed. 2. cap. 8. whereof read Stawnf praerog ca. 9. and of this writ read Fitz. nat br fol. 232. See the Regist origin fol. 267. JE Jetzon See Flotzon Jeofaile is compounded of three French words I'ay faille i. ego lapsus sum and signifieth in our common law an over-sight in pleading touching the which you have a Statute anno 32 H. 8. ca. 30. whereby it is enacted that if the Jury have once passed upon the issue though afterward there be found a Jeofail in the pleading yet judgement shall likewise be given according to the verdict of the Jurie See Brook tit Repleder The Author of the new Terms of law saith that a Jeofaile is when the parties to any Sute have in pleading proceeded so farre that they have joyned issue which shall be tryed or is tried by a Jury or inquest and this pleading or issue is so badly pleaded or joyned that it will be errour if they proceed Then some of the said parties may by their Councell shew it to the Court as well after verdict given and before judgement as before the Iury be charged the shewing of which defects before the Jury charged was often when the Jury came into the Court to trie the issue then the Councel which will shew it shall say This inquest you ought not to take and if it be after verdict then he may say To judgement you ought not to goe and because of this many delayes grew in Sutes divers Statutes are made to redresse them viz. 32 H. 8. cap. 30. and others in Q. Elizabeths dayes and yet the fault little amended IG Ignoramus is a word properly used by the grand Enquest empaneled in the inquisition of causes criminal tnd publike and written upon the Bill whereby any crime is offered to their consideration when as they mislike their evidence as defective or too weak to make good the presentment The effect of which word so written is that all farther inquity upon that party for that fault is therby stopped and he delivered without farther answer It hath a resemblance with that custom of the antient Romans where the judges when they absolved a person accused did write A. upon a little table provided for that purpose i. Absolvimus if they judged him guilty they writ C. id est Condeninamus if they found the cause difficult and doubtful they writ N. L. id est Non liques Asconius Redianus in oratio pro Milone Alexander ab Alexandro Genial dierum lib. 3. cap. 14. IK Ikenild-street is one of the four famous wayes that the Romans made in England taking the beginning ab Icenis which were they that inhabited Northf Southf and Cambridgeshire Camden Britan. fol. 343. See Watling-street IM Imparlance interlocutio vel interloquela is a petition made in Court upon the Count of the Demandant by the Tenent or Declaration of the Plaintiff by the Defendant whereby he craveth respite or any other day to put in his answer See Brook titulo Continuance See Dies Daâ—us Imparlance seemeth to be general or special special imparlance is with this clause Salvis omnibus advantagiis tam ad jurisdictionem curiae quà m breve narrationem Kitchin fol. 200. Then general in reason must be that which is made at large without inserting that or the like clause See Emperlance Impeachment of waste impetitio vasti cometh of the French empeschement i. impedimentum and signifieth with us a restraint from committing of waste upon lands or tenements See waste Implements cometh of the French emploier i. insumere in re aliqua it signifieth with us things tending to the necessary use of any Trade or furniture of houshold Impost is a French word signifying tribute comming of the verb imposer i. injungere irregare It signifieth with us the tax received by the Prince for such Merchandize as are brought into any haven from other Nations anno 31 Elizabeth cap. 5. And I think it may in some fort be distinguished from Custom because Custom is rather that profit which the Prince maketh of wares shipped out of the land yet they may be confounded Improvement See Approve IN In casu consimili is a writ See Casu consimili In casu proviso is a writ See Casu proviso Incident incidens signifieth a thing necessarily depending upon another as more principall For example a Court Baron is so incident to a Manor and a Court of Piepowders to a Fair that they cannot be severed by grant for if a Manor or Fair be granted these Courts cannot be severed Kitchin fol. 36. Incroche incrociarie See Encrochments Admirals and their Deputies doe incroche to themselves Jurisdictions c. anno 15 R. 2. cap. 3. Indenture indentura is a writing comprising some contract between two and being indented in the top answerable to another that likewise containeth the same contracts this the Latines called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which among the Civilians is defined to be scriptura inter creditorem debitorem indentata in cujus scissura literis capitalibus haec dictio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or plurally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and it differeth from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quia hoc manâ— unius tantùm puta debitoris scribitur penes debitorem relinquitur Pruinc constitut de offic archidiaco cap. pri verbo In scripâ—is vid. Gothofr in notis ad l. 27. § 3. Ï€. ad leg Corn. de fals Indicavi is a Writ or Prohibition that lyeth for a patron of a Church whose Clerk is defendant in Court Christian in an action of Tithes commenced by another Clerk and extending to the fourth part of the Church or of the Tithes belonging unto it for in this case the sute belongeth to the Kings Court by the Statute West 2. cap. 5. wherefore the Patron of the Defendant being like to be prejudiced in his Church and advowzen if the Plaintiff obtain in the court
Goods of that people of whom they have received wrong and cannot get ordinary Justice when they can catch them within their own territories or precincts Law Merchant is a Privilege or special law differing from the Common law of England and proper to Merchants and summary in proceeding anno 27 Edw. 3. stat 8 9 19 et 20. anno 13 Edward 1. stat tertio Lawing of dogs expeditatio canum See Expeditate Mastifs must be lawed every three year Crompton jurisdict fol. 163. LE Leasi lessa commeth of the French laysser i. linquere relinquere smittere permittere It signifieth in our Common law a demise or letting of lands or tenements or right of Common or of a Rent or any hereditament unto another for term of years or of life for a rent reserved And a lease is either written called a lease by Indenture or made by word of mouth called a lease paroll See the new terms of the law The party that letteth this lease is called the Leassour and the party to whom it is let the Lessee And a lease hath in it six ponts viz. words importing a demise a leassee named a commencement from a day certain a term of years a determination a reservation of a rent Cook vol. 6. Knights Case fol. 55. a. Leet leta is otherwise called a law day Smith de Repub. Anglor lib. 2. cap. 18. the word seemeth to have grown from the Saxon Lethe which as appeareth by the laws of King Edward set out by M Lambard num 34. was a Court of Jurisdiction above the Wapentake or Hundred comprehending three or four of them otherwise called Thryhing and contained the third part of a Province or Shire These Jurisdictions one and other be now abolished and swallowed up in the County Court except they be held by prescription Kitchin fol. 6. or Charter in the nature of a Franchise as I have said in Hundred The liberty of Hundreds is rare but many Lords together with their Courts Baron have likewise Leets adjoined and thereby doe enquire of such transgressions as are subject to the enquiry and correction of this Court whereof you may read your fill in Kitchin from the beginning of this book to the fift Chapter Bâ—itton cap. 28. But this Court in whose Manor soever it be kept is accounted the kings Court because the authority thereof is originally belonging to the Crown and thence derived to inferiour persons Kitchin fol. 6. Justice Dyer saith that this Leete was first-derived from the Sheriffs Turn fol. 64. And it enquireth of all offences under high treason committed against the Crown and Dignity of the king though it cannot punish many but must certifie them to the Justices of Assise per Statut. anno 1. Ed 3. cap. ult Kitchin fol. 8. but what things be onely inquirable and what punishable see Kitchin in the charge of a Court Leet fol. 8 9 10 11 12 13 14 15 16 17 18 19 20. See also the Statute anno 8. Ed. 2. The Jurisdiction of Bayliffs in the Dutchy of Normandie within the compasse of their Provinces seemeth to be the same or very near the same with the power of our Leet cap. 4. of the grand Custumary Legacie legatum is a particular thing given by last will and testament For if a man dispose or transferre his whole right or estate upon another that is called Haereditas by the Civilians and he to whom it is so transferred is termed haeres Howbeit our common Lawyers call him Heir to whom all a mans lands and hereditaments doe descend by right of bloud See Heir See Hereditaments Leproso amovendo is a writ that lyeth for a Parish to remove a Leper or Lazar that thrusteth himself into the companie of his neighbours either in Church or other publike meeting and commeth with them to their annoyance or disturbance Regist orig fol. 267. Fitz nat Brev. fo 234. Lestage aliâs lastage lastagium proceedeth from the Saxon word last i. onus and is a Custom challenged in Fairs and Markets for carrying of things Rastals Exposition of words or a Custom challenged in cheapings or Fairs Saxon in the description of England cap. 11. Lastage anno 21. R. 2. cap. 18. seemeth to be the ballance of a ship Fleta termeth it Lesting saying quòd significat acquietantiam Le stagii lib. 1. cap. 47. § Lesting Letters of Exchange literae Cambitoriae vel literae Cambii Regist orig fol. 194. a. Letters patents literae patentes bee Writings sealed with the broad Seal of England whereby a man is authorized to doe or enjoy any thing that otherwise of himself he could not anno 19. H. 7. cap. 7. And they be so termed of their form because they be open with the Seal hanging ready to be shewed for the confirmation of the authority given by them If any will say that Letters patents may be granted by Common persons I will not greatly contend For I find that to be true in Fitz. nat br fol. 35. E. Howbeit they bee called rather patents in our Common speech then Letters patents Letters patents to make Denizens anno 32. Hen. 6. cap. 16. yet for difference sake the kings letters patents be called letters patents royal Anno 2 Hen. 6. cap. 10. There is likewise a writ patent Fitzh nat br fol. 1. seqq Levari facias is a writ directed to the Sheriff for the levying of a Sum of money upon lands and tenements of him that hath forfeited a Recognizance c. Regist origin fol. 298. b. 300. b. Levari facias damna de disseisitoribus is a writ directed to the Sheriff for the levying of damages wherein the disseisour hath formerly been condemned to the disseisee Regist fol. 214. b. Levari facias residuum debiti is a writ directed to the Sheriff for the levying of a Remanant of a debt upon lands and tenements or chattels of the debtor that hath in part sasatisfied before Regist. orig fol. 299. Levari facias quando vicecomes returnavir quòd non habuit emptores is a writ commanding the Sheriff to sell the goods of the debtor which he hath already taken and returned that he could not sell them and as much more of the debtors goods as will satisfie the whole debt Register orig fol. 300. a. Letter of Atturney litera Atturnatus is a writing authorizing an Atturney that is a man appointed to doe a lawfull act in our steeds West part prim symbol lib. 2. sect 559. It is called in the civil law mandatum or procuratorum There seemeth to be some difference between a letter of Atturney and a warrant of Atturney For whereas a letter of Atturney is sufficient if it be sealed and delivebefore sufficient witnesse a warrant of Atturney must bee acknowledged and certified before such persons as fines be acknowledged in the Countrey or at the least before some Justice or Sergeant West parte 2. symbol tit Recoveries sect 1. F. See the Statute anno 7 R. 2. cap. 13. Letters of
see the usual form hereof particularly set down whereunto joyn the new Exposition of Law terms Lieutenant see Lieftenant Lieutenant of the Tower seemeth to have been an Officer under the Constable an H. 4. cap. 15. LO Locus partitus signifieth a division made between two Towns or Countries to make trial in whether the Land or place in question lieth Fleta lib. 4. cap. 15. nu 1. Locall localis signifieth in our Common law as much as tyed or annexed to a place certain Example the thing is local and annexed to the freehold Kitchin folio 180. And again in the same place An action of trespass for battery c. is transitory not local that is not needfull that the place of the battery should be set down as material in the Declaration or if it be set down that the Defendant should traverse the place set down by saying he did not commit the battery in the place mentioned in the Declaration and so avoid the Action And again fol. 230. the place is not local that is not material to be set down in certainty And the gard of the person and of the lands differeth in this because the person being transitory the Lord may have his Ravishment de Gard before he be seised of him but not of the Land because it is local Perkins Grants 30. Lobbe is great kind of North sea fish an 31 Ed. 3. stat 3. ca. 2. Lodemanage is the hire of a Pslot for conducting of a ship from one place to another Loich fish as Lob Ling Cod an 31 Ed. 3. stat 3. cap. 2. Lodeworks is one of the works belonging to the stanneries in Cornwall for the which read M. Cambdens Britan. in his title of Cornwall pag. 119. See Stremework Lollards Lollardi were in account and reputation of those times Heretiques that abounded here in England in the daies of Edward the third and Henry the fifth an 2 H. 5. cap. 7. whereof Weekliefe was the chief as Stow saith in his Annals pa. 425. who by this report went bare footed and basely cloathed to wit in base russet garments down to the Heels they preached and especially against Monks and other religious men Of these read more in him and others that writ of those times The name Lindwood derià Lolio quia sicut lolium inficit segetes sic Lollardi multociens inficinnt fideles simplices inter quos conversantur in ca. finali de Haereticis verbo Lollardiae But Tritemius in his Chronicle deduceth the name from one Gualter Lolhard a German as the first Author of that Sect living about the year of our Redemption 1315. Lord Dominus by Master Cambdens opinion is a contract of Lafford which is the Danish word for dominus It is a word of honor with us and is used diversly Sometime being attributed to a man that is noble by birth or creation which sort are otherwise called Lords of the Parliament Sometime to those that be so called by the courtesie of England as all the Sons of a Duke or the eldest son of an Earl Sometime to men honorable by office as Lord Chief Justice c. And sometime to a mean man that hath fee and so consequently the homage of Tenents within his Manour for by his Tenents he is called Lord and by none other and in some places for distinction sake he is called Land-lord It is used nevertheless by the Writers of the Common law most usually in this signification and so is it divided into Lord above and Lord measn Lord Measn is he that is owner of a Mannour and by vertue thereof hath Tenants holding of him in fee and by copy of Court-roll and yet holdeth himself over a Superiour Lord who is called Lord above or Lord paramount Old nat br fol. 79. Although I think none simply to be accounted Lord paramount but the Prince because all other hold mediately or immediately of him and he of none In this signification I like wise read Very Lord and very Tenent eodem fo 42. and Brook titulo Heriot n. 1. where I think very Lord is he which is immediate Lord to his Tenent and him to be Very Tenent to that Lord of whom he immediately holdeth So that if there be Lord above Lord measn and Tenant the Lord above is not very Lord to the Tenent nor the tenent very tenent to the Lord above Lord in grosse Fitzh nat brev fol. 3. is he that is Lord having no manour as the King in respect of his Crown idem fol. 5. f. See him also fo 8. a b. where I find a Case wherin a private man is Lord in gross viz. a man make a gift in tayl of all the land he hath to hold of him and dieth his heir hath but a Seignory in gross Lorimersy an 1 Richard 2. cap. 12 is one of the Companies of London that maketh Bits or Briddles of Horses and such like the name seemeth to be taken from the Latin Lorum and is elsewhere written Lorinors Lotherwit aliâs Leyerwit is a liberty or privilege to take amends of him that defileth your Bond-woman without licence Rastals expositinn of words It is an amends for lying with a Bond-woman Saxon in his description of England cap. 11. Some think it should be rather written Legerwit for Leger is the Saxon word for a Bed or Logherwit of the old word Logher being of the same signification See Bloodwit and Lyerwit LU Lusernes see Furre Lushoborow is a base coyn used in the daies of King Edward the third coyned beyond Seas to the likeness of English mony and brought in to deceive the King and his subjects To avoid the which it was made Treason for any man wittingly to bring in any such anno 25 Edward the third stat 4. cap. secundo MA MAcegriefs aliâs Macegrefs be such as willingly buy and sell stollen flesh Briton cap. 29. fol. 71. b. Cromptons Justice of Peace fol. 193. a. Magna assisa eligenda is a Writ directed to the Sheriff to summon four lawfull Knights before the Justices of Assise there upon their Oaths to chuse twelve Knights of the vicenage c. to pass upon the great Assise between A. Plaintiff and B. Defendant c. Regist orignal fol. 8. a. Magna Charta called in English the great Charter is a Charter containing a number of Laws ordained the ninth year of Henry the third and confirmed by Edward the first The reason why it was tearmed Magna Charta was either for that it contained the sum of all the written laws of England or else that there was another Charter called the Charter of the Forest established with it which in quantity was the lesser of the two I read in Holinshed that K. John to appease his Barons yielded to Laws or Articles of Government much like to this great Charter but we now have no ancienter written law than this which was thought to be so beneficial to the Subject and a Law of so great equity in comparison of
Kings house belongeth to the Earl of Norffolk in fee and that he may appoint with the Kings consent a Knight under him to execute the office which office he also describeth to be especially to execute the judgements and decrees of the Steward and to have the keeping of the prisoners lib. 2. cap. 4. and read further of his office in the fift chap. of the said Book which is to dispose of the Lodging in the Kings houshold under the Chamberlain and to clear the Verge of Strumpets c. anno 5 H. 3. statut 5. Then be there other inferiour Officers of this name as Marshal of the Justices in Eyr anno 3 Edw. 1. cap. 19. Marshal of the Kings Bench anno 5 Ed. 3. ca. 8. and this is he which hath the Custody of the Prison called the Kings Bench in Southwark Fitzh nat brev fol. 251. I. And these inseriour Marshals be either ad placitum or in fee Kitchin fol. 143. I find also in Fleta lib. 2. ca. 15. mention of a Marshal of the Kings Hall whose office is when the Tables be prepared and Cloaths laid to call out both those of the Houshold and Strangers according to their worth and decently to place them to reject unworthy persons to know the number of the Hall and to testifie it at the next account to see Dogs kept out to save the Almes from filching to see silence kept and every man competently served with meat and drink and when the Court removeth to appoint every of the Houshold his lodging There is also a Marshal of the Eschequer anno 51 H. 3. stat 5. to whom the Court committeth the custody of the Kings Debtors during the Term-time to the end they may be farther imprisoned if they clear not their Debts He also assigneth Sheriffs Escheatours Customers and Collectors their Auditors before whom they shall account He hath all inquisitions taken before Escheators virtute officii delivered unto him to be delivered by him to the Treasurers Remembrancer Mareshalsee Marescaltia is the Court of the Marshal or word for word the seat of the Marshal whom see Cromptons jurisd fol. 102. It is also used for the Prison in Southwark the reason whereof may be because the Marshal of the Kings house was wont perhaps to sit there in judgement See the Statute anno 9 R. 2. ca. 5. anno 2 Henry 4. cap. 23. Martial law is the Law that dependeth upon the voice of the King or the Kings Lieutenant in wars For howbeit the King for the indifferent and equal temper of Laws to all his Subjects do not in time of Peace make any laws but by the consent of the three estates in Parliament yet in wars by reason of great dangers rising of small occasions he useth absolute power in so much as his word goeth for Law And this is called Martial law Smith de Repub. Angl. li. 2. cap. 3. See Law of Armes Mariage Maritagium signifieth not only the coupling together of a man and wife but also the interest of bestowing a ward or a widow in mariage Magna Charta cap. 6. anno 9 Hen. 3. and Bracton lib. 2. cap. 3. and also it signifieth land given in mariage Bracton lib. 2. cap. 34 39. And in this signification the same Author saith that Maritagium est aut liberum aut servitio obligatum li. 2. cap. 7. num 3 4. Liberum maritagium disitur ubi donator vult quod terra sic data quieta sit libera ab omni seculari servitio quod ad Dominum feudi possit pertinere its quòd ille cui sic data fuerit nullum omninò inde faciat servitium usque ad tertium haeredem usque ad quartum gradum ita quòd tertius haeres sic inclusivus See the rest See also Skene de verbo significat verbo Maritagium who is worth the reading Maritagio amisso per desaltam is a writ for the Tenent in Franck mariage to recover lands c. whereof he is deforced by another Reg. fol. 171. Maritagio forisfacto is a writ See For is factura Maritagii Marke merca commeth of the Saxon Mearc which signifieth a piece of money worth thirty silver pence Lamb. explication of Saxon words verbo Mancusa what it now signifieth in our coyn every man knoweth But in antient times I find a mark of gold which was the quantity of eight ounces Stowes Annals pag. 32. and again pag. 691. 12 marks of Gold Troy weight the which was 200 pounds of English money after which rate every mark valued 16 pounds 13 shillings four pence M. Skene de verbo signif verbo Merke saith that in tractatu de ponderibus mensuris a mark signifieth an ounce weight or half a pound whereof the Dram is the eight part like as the ounce is the eight part of a mark citing Cassanaeus de consuet Burgund Rub. prim § 7. verbo Solz Turnoys hiis verbis Solidus inquit in jure capitur pro auro quorum 72. faciunt libram auri duodecim unciae faciunt libram octo unciae mercam Market mercatus commeth of the French marche i. emporium forüm nundinarium it signifieth with us the same thing and also the liberty or privilege whereby a Town is inabled to keep a market Old nat brev fol. 149. So doth Bracton use it lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he sheweth that one market ought to be distant from another Sex leucas dimidiam tertiam partem dimidiae The reason thereof both he and Fleta giveth in these words Quia omnes rationabiles dietae constant ex 20 milliaribus Dividatur ergo dieta in tres partes prima autem matutina detur euntibus versus mercatum secunda detur ad emendum vendendum quae quidem sufficere debet omnibus nisi sint forte mercatores statarii qui meroes deposuerint exposuerint suerint venales quibus necessaria erit prolexior mora in mercatu tertia pars relinquitur redeuntibus de mercatu ad propria Et quae quident omuia necessa erit facere de die non de nocte propter insidias incursum latronum ut omnia sint in tuto c. lib. 4. cap. 28. § Item refert Marle is a kind of stone or chalke which men in divers Countries of this Realm cast upon their Land to make it the more fertile It is some where called Malin anno 17 Edw. 4. cap. 4. Marque seemeth to be a French word signifying notam vel signum or else to come from the German march i. limes it signifieth in the ancient Statutes of our Land as much as reprisals as anno 4 H. 5. cap. 7. Marques and Reprisals are used as Synonyma And Letters of Marques are found in the same signification in the same Chapter The reason may be because the griefs whereupon these Letters are sought and granted are commonly given about the bounds and limits of every every Countrie or
Mese See Mease Measn med us seemeth to come from the French maisnè i. minor natu it signifieth in our Common law him that is Lord of a manour and thereby hath Tenents holding of him yet holding himself of a Superiour Lord. And therefore it seemeth not absurdly to be drawn from the French mainsnè because the Lordship is created after the higher whereof he holdeth Mesn also signifieth a writ which lyeth where there is Lord mesn and Tenent the Tenent holding of the mesn by the same services whereby the mesn holdeth of the Lord and the Tenent of the mesn is distrained by the superiour Lord for that his service or rent which is due to the Mesn Fitzherbert nat brev fol. 135. See Mesnaltie Mesnaltie medietas cometh of Mesn and signifieth nothing but the right of the Mesntas the Mesnaltie is extinct Old nat br fol. 44. if the Mesnaltie descend of the Tenent Kitchin fol. 147. For farther understanding whereof take these words out of the Custumary of Norm Medietate tenentur feuda quando aliqua persona intervenerit inter Donimum tenentes Et hoc modo tenent omnes postnati mediante ante nato Messenger of the Exchequer is an officer there of which sort there be four in that Court that be Pursuivants attending the lord Treasurer to carry his Letters and Precepts See Pursuivant Mesuage mesuagium is a dwelling house West parte 2. symb titulo Fines Sect. 26. But by the name of a mesuage may passe also a Curtilage a Garden an Orchard a Dove-house a Shop a Mill as parcel of an house as he himself confirmeth out of Bracton lib. 5. cap. 28. Sect. prim and Plowden fol. 199. 170 171. and of himself he avoncheth the like of a Cottage a Tost a Chamber a Celler c. yet may they be demanded by their single names Mesuagium in Scotland signifieth the principal dwelling place or house within a Baronie which in our land is called a Manor house Skene de verb. signific verbo Mesuagium where he citeth Valentine Leigh that in his Book of Survey he affirmeth Mesuagium to be the tenement or land earable and the dwelling house or place or Court Hall thereof to be called Site in Latin called Situs MI Mile miliare is a quantity of a thousand paces otherwise described to contain eight Furlongs and every furlong to contain Forty lugs or poles and every lug or pole to contain 16. foot and a half anno 35 Eliz. cap. 6. Mildervix anno 1 Jacob. cap. 24. Mindbruch is hunting of honour and worship Saxon in his description of England ca. 71. Miniver See Furre Minoverie anno 7 R. 2. ca. 4. seemeth to be compounded of two French words main i. manus and ouvrer i. operari and to signifie some trespasse or offence committed by a mans handie-work in the Forest as an engine to catch Deer Briton useth the verb meinoverer for to occupie and manure land cap. 40. and cap. 62. main-ovre for handie-work It is not unlike that our English manure is abbreviated of the French Mint cometh of the German word meunk i. pecunia moneta and it signifieth with us the place where the Kings Coin is formed be it Gold or Silver which is at this present and long hath been the Tower of London though it appear by divers Stories and other Antiquities that in antient times the Mint hath been also at Caleis an 21 R. 2. cap. 16. an 9 H. 5. stat 5. cap. 5. The Officers belonging to the Mint have not been alwayes alike At this present they seem to be these The Warden who is the chief of the rest and is by his office to receive the Silver of the Goldsmiths and to pay them for it and to oversee all the rest belonging to this function His fee is an hundred pounds per annum The Master-worker who receiveth the Silver from the Warden causeth it to be melted and delivereth it to the moniers and taketh it from them again when it is made His allowance is not any set fee but according to the pound weight The third is the Controller who is to fee that the money be made to the just assise to over-see the officers and controll them if the money be not as it ought to be his fee is one hundred markes per annum Then is the Master of Assay who weigheth the Silver and seeth whether it be according to standard his yeerly fee is also an hundred markes Then is the Auditor to take the accompts and make them up Auditor-like Then is the Surveyor of the melting who is to see the Silver cast out and not to be altered after it is delivered to the Melter which is after the Assay master hath made trial of it Then is the Clerk of the Irons who seeth that the Irons be clean and fit to work with Then the Graver who graveth the stamps for the moneys Then the Smiters of Irons who after they be graven smiteth them upon the money Then the Melters that melt the Bullion before it come to the coyning Then the Blanchers who do aneal boyl and cleanse the money The Porter who keepeth the gate of the mint The Provost of the mint who is to provide for all the moniers and to over-see them Lastly the moniers who are some to sheer the money some to forge it some to beat it abroad some to round it some to stamp or coin it Their wages is not by the day or year but uncertain according to the weight of the money icoyned by them Other officers that have been n former time are said now to be out of use Misaventure or misadventure cometh neer the French mesadventure i. infortunium In out Common law it hath an especial signification for the killing of a man partly by negligence and partly by chance As if one thinking no harm dissolutely throweth a stone wherewith he killeth another or shooreth an arrow c. For in this case he committeth not felony but only loseth his goods and hath pardon of course for his life Stawnf pl. cor lib. 1. ca. 8. Britton ca. 7. distinguisheth between Aventure and misaventure Aventure he maketh to be meere chance as if a man being upon or neer the water be taken with some sodain sicknesse and so fall in and is drowned or into the fire and be burned to death Misaventure hee maketh where a man cometh to his death by some outward violence as the fall of a tree or of a gate the running of a cart-wheel the stroke of a horse or such like So that misaventure in Stawnfords opinion is construed somewhat more largely than Britton understandeth it West parte 2. symbol titulo Inditement sect 48. maketh homicide casual to be meerly casual or mixt Homicide by meer chance he defineth sect 49. to be when a man is slain by meer fortune a gainst the mind of the killer as if one hewing the Axe flieth oft the haft and killeth a man And this is all
The rest touching this writ see in Fitzh nat brev fol. 75. See Misericordia Modo forma are words of Art in a Process and namely in the answer of the Defendant whereby he denyeth himself to have done the thing laid to his charge modo forma declarata Kitchin fol. 232. It signifieth as much as that clause in the Civil law Negat allegata prout allegantur esse vera Moitie commeth of the French moitiè id est coaequa vel media pars and signifieth the half of any thing Littleton folio 125. Monks Cloths anno 20 Hen. 6. cap. 20. Moniers monetarii Regist orig fol. 262. b. anno 1 Edw. 6. ca. 15. be ministers of the Mint which make and coyn the Kings mony It appeareth by some Antiquity which I have seen that in antient times our Kings of England had Mints in most of the Countries of this Realm And in the Tractate of the Exchequer written by Ockham I find that whereas Sheriffs ordinarily were tyed to pay into the Exchequer the Kings Sterling for such debts as they were to answer they of Northumberland and Cumberland were at liberty to pay in any sort of mony so it were silver And the reason is there given because those two Shires monetarios de antiqua institutione non habent Monstrance de droyt is as much as to say as shewing of his right It signifieth in our Common law a sute in Chancery to be restored to Lands or Tenements that indeed be mine in right though they were by some office found to be in possession of another lately dead See Stawnf praerog cap. 21. at large and Broke titulo Petition Of this also read Sir Edward Cokes Reports lib. 4. fo 54. b. c. The Wardens of the Sadlers Case Monstraverunt is a writ that lieth for tenents that hold freely by Charter in antient Demean being destreined for the payment of any toll or imposition contrary to their liberty which they do or should enjoy which se in Fitzh na br f. 14. Moriam is all one in signification with the French morion i. cassis a head-piece which word the Frenchman borroweth from the Italian morione anno 4 5 Phil. Mar. cap. 2. Morling aliâs mortling seemeth to be that wool which is taken from the skin of a dead sheep whether dying of the rot or being killed anno 27 H. 6. c. 2. This is written Morkin an 3 Jac. c. 18. Mort d'ancester See Assise Mortgage mortuum vadium vel mortgagium is compounded of two French words mort id est mors and gage id est pignus merces It signifieth in our Common law a pawn of land or tenement or any thing moveable laid or bound for mony borrowed peremptorily to be the Creditours for ever if the mony be not paid at the day agreed upon And the Creditour holding land or tenement upon this bargain is in the mean time called Tenent in mortgage Of this we read in the grand Customary of Normandy ca. 113. in these words Notandum insuper est quod vadiorum quoddam vivumqu oddam mortuum nuncupatur Mortuum autem dicitur vadium quod se de nihilo redimit acquietat ut terra tradita in vadium pro centum solidis quam cum obligator retrahere voluerit acceptam pecuniam restituet in solidum Vivum autem dicitur vadium quod ex suis proventibus acquiratur ut terra tradita in vadium pro centum solidis usque tres annos quae elapso tertio anno reddenda est obligatori vel tradita in vadium quousque pecunia recepta de ejusdem proventibus fuerit persoluta Glanvile likewise lib. 10. cap. 6. defineth it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant So you see by both these Books that it is called a dead gage because whatsoever profit it yieldeth yet it redeemeth not it self by yielding such profit except the whole sum borrowed be likewise paid at the day See Skene de verb. significat eodem He that layeth this pawn or gage is called the Mortgager and he that taketh it the Mortgagee West parte 2. symb titulo Fines Sect. 145. This if it contain excessive usury is prohibited anno 37 H. 8. c. 9. Morimain manus mortua is compounded of two French words mort i. mors and main i. manus It signifieth in the Common law an alienation of Lands or Tenements to any Corporation Guild or Fratemity and their Successors as Bishops Parsons Vicars c. which may not be done without licence of the King and the Lord of the Manor The reason of the name proceedeth from this as I conceive it because the services and other profits due for such lands as Escheats c. commeth into a dead hand or into such a hand as holdeth them and is not of power to deliver them or any thing for them back again Magna Charta cap. 36. anno 7 Ed. pri commonly called the Statute of Mortmain and anno 18 Edw. 3. statut 3. cap. 3. anno 15 Rich. 2. cap. 5. Polydor. Virgil in the seventeenth Book of his Chronicles maketh mention of this Law and giveth this reason of the name Et legem hanc manum mortuam vocarunt quòdres semel datae collegiis sacerdotum non utique rursus venderentur velut mortuae hoc est usui aliorum mortalium in perpetuum ademptae essent Lex diligenter servatur sic ut nihil possessionum ordini sacerdotali à quoquam detur nisi Regio permissu But the former Statutes be something abridged by anno 39 Elizabeth cap. 5. by which the gift of land c. to Hospitals is permitted without obtaining of Mortmain Hotoman in his Commentaries de verbis feudal verbo Manus mortua hath these words Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Quâ de causâ res nunquam ad priorem dominum revertitur Nam manus pro possessione dicitur mortua pro immortali Sic municipium dicitur non mori l. An usus fructus 56. D. de usufr ligat quoniam hominibus aliis succrescentibus idem populi corpus videtur l. proponebatur 76. D. de Judiciis Haec Hotomanus and read the rest Amortizatio est in manum mortuam trar slatio Principis jussu Petrus Belluga in speculo principum fol. 76. Jus amortizationis est licentia capiendi ad manum mortuam Idem eodem where you may read a learned Tractate both of the beginning and nature of this Doctrine To the same effect you may read Cass de consuet Burg. pag. 348 387 1183 1185 1201 1225 1285 1218 1274. M. Skene de verbo signif saith that Dimittere terras ad manum mortuam est idem atque dimittere ad multitudinem sive univer sitatem quae nunquam moritur idque per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seu Ã
ibid. Nusance nocumentum commeth of the French nuire i. nocere It signifieth in our Common law not only a thing done whereby another man is annoyed in his free Lands or Tenements but especially the Assise or Writ lying for the same Fitzh nat brev fol. 183. And this Writ de Nocumento or of Nusance is either simply De nocumento or de parvo nocumento and then it is Vicountiel Old nat brev fol. 108 109. Fitz. natur brev ubi supra fol. 184. Britton calleth it Nosance whom also read cap. 61 62. M. Manwood parte 2. of his Forest laws cap. 17. maketh three sorts of Nusance in the Forest The first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale which read with the rest of that whole Chapter See the Register orig fol. 197 199. Nutmegs nux myristica vel nux muscata is a spice well known to all It groweth of a Tree like a Peach-tree and is inclosed in two Husks whereof the inner Husk is that spice which we call Mace Of this who will may read more in Gerards Herbal lib. 3. cap. 145. It is mentioned among spices that are to be garbled anno 1 Jacob. cap. 19. O OB OBedientiae was a Rent as appeareth by Roger Hoveden parte poster suorum annalium fol. 430. in these words Ut ergo eis sc regularibus adimatur opportunitas evagandi prohibemus ne reditus quos obedientias vocant ad firmam teneant c. Obedidientia in the Common law is used for an Office or the administration of an Office ca. cùm admonasterium 6. extra de statu monacho cano regula And thereupon the word obedientiales is used in the provincial constitutions for those which have the execution of any Office under their Superiors cap. prim de statu regula For thus saith Lyndwood in his gloss upon that word Hâ—i sunt qui sub obedientia suorum Praelatorum sunt habent certa officia administranda inte riùs vel exteriùs It may be that some of these Offices called obedientiae consisted in the collection of rents or pensions and that therefore those Rents were by a Metonymie called obedientia quia colligebantur ab obedientialibus Oblitions oblationes are thus defined in the Canon law Oblationes dicuntur quaecunque à piis fidelibúsque Christianis offeruntur Deo Ecclesiae sive res soli sive mobiles sint Nec refert an legentur testamento an aliter donentur cap. clerici 13. quaest 2. Read more of these in Duarenus de sacr eccl minister ac benefi cap. tertio Oblagation obligatio and Bill be all one saving that when it is in English it is commonly called a Bill and when it is in Latine an Obligation West parte 1. Symbol lib. 2. sect 146. True it is that a Bill is obligatory but we commonly call that an Obligation which hath a Condition annexed The former Author in the same place saith thus farther An Obligation is a Deed whereby the Obligor doth acknowledge himself to owe unto the Obligee a certain sum of money or other thing In which besides the parties names are to be considered the thing due and the time place and manner of payment or delivery Obligations be either by matter in Deed or of Record An Obligation by matter in Deed is every Obligation not acknowledged and made in some Court of Record Hithetto Master West OC Occupavit is a Writ that lyeth for him which is ejected out of his Land or Tenement in time of war as a Writ of Novel disseisin lieth for one ejected in time of peace Ingham § Brief de novel disseisin Octo tales See Tales See Brook tit Octo tales OD Odio atia anno 3 Ed. 1. cap. 11. is a Writ sent to the Under-Sheriff to inquire whether a man being committed to Prison upon suspition of murther be committed upon malice or evill will or upon just suspition Register orig fol. 133. b. See Bracton lib. 3. parte 2. cap. 20. OF Office Officinm doth signifie not only that function by vertu whereof a man hath some imployment in the affairs of another as of the King or other Common person but also an Inquisition made to the Kings use of any thing by vertue of his Office who inquireth And therefore we oftentimes read of an Office found which is nothing but such a thing found by Inquisition made ex officio In this signification it is used anno 33 H. 8. cap. 20. and in Stawnfords praerog fol. 60 61. where to traverse an Office is to traverse the Inquisition taken of Office And in Kitchin fol. 177. to return an Office is to return that which is found by vertue of the office See also the new Book of Entries verbo office pur le Roy. And this is by a Metonymy of the effect And there be two sorts of Offices in this signification issuing out of the Exchequer by Commission viz. an Office to intitle the King in the thing inquired of and an Office of instruction which read in Sir Edward Cokes Reports vol. 6. Pages Case fol. 52. a b. Office in fee is that which a man hath to himself and his heirs anno 13 Edward 1. cap. 25. Kitchin folio 152. See Clerk Official Officialis is a word very diversly used For by sundry Civilians of other Countries that write in these daies it appeareth to be applyed in many places to such as have the sway of temporall Justice Aegidius Bossius in pract crim tit De officialibus corruptis c. But by the ancienter Civil law it signifieth him that is the Minister or Apparit or of a Magistrate or Judge lib. 1. § si quis ultro Ï€. de quaestio Co. de filiis officialium c. lib. 12. In the Canon law it is especially taken for him to whom any Bishop doth generally commit the charge of his spiritual Jurisdiction And in this sunse one in every Dioces is officialis principalis whom the Statutes and Laws of this Kingdom call Chanceller anno 32 H. 8. cap. 15. The rest if there be more are by the Canon law called officiales foranei glos in Clem. 2. de Rescriptis but with us termed Commissaries Commissarii as in the Statute of H. 8. or sometimes Commissiarii foranei The difference of these two powers you may read in Lyndwood titulo de sequestra posses ca. 1. verbo Officialis But this word official in our Statutes and Common law signifieth him whom the Archdeacon substituteth in the executing of his Jurisdiction as appear eth by the Statute above mentioned and many other places Officiariis non faciendis vel amovendis is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath untill enquiry be made of his manners according to an Inquisition formerly ordained Register original fol. 126. b. ON Oner ando pro rata
three morsells of barley bread without drink and the second day he shall have drink three times and as much at each time as he can drink of the water next unto the prison door except it be running water without any bread And this shall be his dyet untill he die Palatin See County Palatin See Cassan de consuctud Burg. pag. 14. Palingman anno 11. Henr. 7. cap. 22. Panell panellum cometh of the French panne i. pellis or paneau a piece or pain as wee call it in English It signifieth in our common law a shedule or rolle containing the names of such Iurors as the Shyreeve provideth to passe upon any triall Register orig fol. 223. a. Kitchin fol. 266. See Broke hoc titulo And thereupon the empannelling of a Iury is nothing but the entering of them into the Shyreeves rolle or book Paunage pannagium is a tolle or contribution Fitz. nat br fol. 227. D. See Pawnage Parramounte aliâs peremounte cometh of these two French words par i. per and Monter i. ascendere It signifieth in our law the highest Lord of the fee for there may be a Tenant to a Lord that holdeth over of another Lord and the former of those is called Lord mesn the second Lord paramount And a Lord paramount as it seemeth by Kitchin fol. 289 consisteth only in comparison as one man may be great being compared with a lesser and little being compared with a greater and as Genus among Logicians may be in divers respects both genus species Fitzh nat br fol. 135. M. So that none seemeth simply to be Lord paramount but only the King as Genus summum is simply Genus For the King is Patron paramount to all the benefices in England Doctor and student ca. 36. See Paravaile Maner and Fee Paravail alias Peravaile is compounded of two French words par i. per and aveller i. dimitteree demittere It signifieth in our common Law the lowest Tenant or him that is tenant to one who holdeth his fee over of another So is it used pl. cor fol. 197. Fitzh nat br fol. 135 M. See Paramounte See Mesn Parcellmakers are two officers in the eschequer that make the parcells of the escheators accompts wherein they charge them with every thing they have levyed for the Kings use within the time of their office and deliver the same to one of the Auditors of the court to make an accompt of the escheator thereof Parceners See Coparceners Parcinarie participatio cometh of the French partir i. dividuum facere It signifieth in our common Law a holding or occupying of land by more pro indiviso or by joynt tenants otherwise called Coparceners of the French parsonier i. parciarius particeps For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in parcinarie Litl fol. 56. 57. This by the Feudists and Lombards is termed adaequatio vel paragium And among the ancient Romans particulones sic enim anthore Nonio à veteribus cohaeredes inter se dicebantur quod paries invicem facerent Spigelius Pardon pardonatio is a French word signifying as much as pax venia gratia It is used most notoriously in our common Law for the remitting or forgiving of a felonious or other offence committed against the King This pardon is two-fold one ex gratia Regis the other per cours de ley by course of law Stawnf pl. cor fol. 47. Pardon ex gratia Regis is that which the King in some speciall regard of the person or other circumstance sheweth or affordeth upon his absolute prerogative or power Pardon by course of Law is that which the law in equity affordeth for a light offence as homicide casuall when one killeth a man having no such meaning Westm parte 2. symbel titulo Inditements sect 46. Of this see the new book of Entries verba Pardon Pardoners anno 22 H. 8. c. 12. were certain fellowes that carryed about the Popes Indulgences and sold them to such as would buy them against whom Luther by Sleydans report incensed the people of Germany in his time exhorting them ne merees tam viles tantiemerent Park parcus cometh of the French parquer i vallo vel fossa cicundare It signifieth with us a piece of ground inclosed and stored with wild beasts of chase Which a man may have by prescription or the Kings grant Cromptons Jurisd fol. 148. M. Manwood parte pri of his Forest laws pag. 148. defineth it thus A park is a place for privilege for wild beasts of venery and also for other wild beasts that are beasts of the Forest and of the chase tam sylvestres quam campestres And all those wild beasts are to have a firm peace and protection there So that no man may hurt or chase them within the park without license of the owner of the same Who also fol. 149. saith thus A park is of another nature than either a chase or a warren is For a park must be inclosed and may not lie open for if it doe that is a good cause of seisure of the same into the hands of the King as a thing forfeited as a free chase is if it be inclosed And moreover the owner cannot have an action against such as hunt in his park if it lie open See Forest See Chase See Warren This word Park Baldwinus deriveth à paradiso enmque locum esse dicit in quo varia animalia ad usum voluptatis aut venationis includuntur possidentur adempta naturali libertate Adtis de rerum divis in Institutionib Parco fracto is a writ which lyeth against him that violently breaketh a Pound and taketh out beasts thence which for some trespasse done upon another mans ground are lawfully impounded Register original fol. 166. Fitzh nat br fol. 100. Parish parochia cometh of the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Accolarnm conventus accolaius sacra vicinia it is used in the Canon law sometime for a Bishoprick But in our common Law it signifieth the particular charge of a secular Priest For every Church is either Cathedrall Coven nal or parochiall Cathedrall is that where there is a Bishop seated so called à Cathedra Coventual consisteth of Regular Clerks professing some order of religion or of Deane chapter or other college of spiritual men Parochial is that which is instituted for the sayingof divine Service ministring the holy Sacraments to the people dwelling within a certain compass of ground neer unto it Our Realm was first divided into Parishes by Honorius Archb. of Canterbury in the year of our Lord 636. Cambd. Britan. pag. 104. Of these Parish Churches I find there were in England in the dayes of H. 8. the number of 45000 Hotoman in his disputations de feudis cap. 2. maketh mention of this word parochia out of Pomponius Letus in these words Nam sic quoque Pomponins Letus veâ—eâ—em consuetudinem fuisse scribit
him King John granted them a Maior for their yearly Magistrate Porter of the door of the Parliament house is a necessary Officer belonging to that high Court and enjoyeth the privileges accordingly Cromptons jurisd fo 11. Perter in the Circuit of Justices is an Officer that carrieth a verge or white rod before the Iustices in Eyre so called a portando virgam an 13 Ed. 1. ca. 24. Porter bearing verge virgator before the Iustices of either bench anno 13 Edv. 1. cap. 41. See Vergers Portomote is a word compounded of port i. portus and the Saxon Gemertan i. convenire or of the French mot i. dictio verbum It signifieth a Court kept in Haven towns as Swainmot in the forest Manwood parte prim of his forest laws pag. 111. It is sometimes called the Portmoot Court an 43 Eli. cap. 15. Portsale anno 35 H. 8. cap. 7. i. sale of fish presently upon return in the haven Possession possessio is used two waies in our Common law First for lands and inheritance as he is a man of large possessions In which signification it is also used among the Civilians sc for the thing possessed l. possessionum Cod. commun utriusque Judic Next for the actual enjoying of that which either in truth or pretence is ours And in this signification there is possession indeed and possession in law pl. cor fol. 198. The example there is this before or untill an office be found the King hath only possession in law and not in deed speaking of the lands escheated by the attainder of the owner See Praerog fol. 54. 55. In this signification also there is an unity of possession which the Civilians call Consolidationem Take an example out of Kitchin fol. 134. If the Lord purchase the tenancy held by Heriot service then the Heriot is extinct by unity of possession that is because the seigneury and the tenancy be now in one mans possession Many divisions of possession you may read in Braclon lib. 2. cap. 17. per totum Post. See Per. Post diem is a return of a writ after the day assigned for the return for the which the Custos brevium hath four pence whereas he hath nothing if it be returned at the day or it may be the fee taken for the same Post fine is a duty belonging to the King for a fine formerly acknowledged before him in his Court which is paid by the Cognizee after the fine is fully passed and all things touching the same wholly accomplished The rate thereof is so much and half so much as was paid to the King for the fine and is gathered by the Shyreeve of the County where the land c. lyeth whereof the fine was levied to be answered by him into the Exchequer Post terme is a return of a writ not only after the day assigned for the return thereof but after the term also which may not be received by the Custos brevium but by the consent of one of the Iudges it may be also the see which the Custos brevium taketh for return thereof which is twenty pence Postea is a word used for a matter tryed by Nisi prius and returned into the Court of common pleas for Judgement and there afterwards recorded See Plowden casu Saunders fol. 211. a. See an example of this in Sir Edw. Cokes Reports volum 6. Rowlands Case fol. 41. b. 42. a. See Custos brevium Post disseisen post disseisina is a writ given by the Statute of We. 2. cap. 26. and lyeth for him that having recovered lands or tenements by praecipe quod reddat upon default or reddition is again disseised by the former disseisour Fitzherb nat br fol. 190. see the writ that lyeth for this in the Register original fol. 208. a. Posteriority posterioritas is a word of comparison and relation in tenure the correlative whereof is prioritie For a man holding lands or tenements of two Lords holdeth of his auncienter Lord by priority and of his later Lord by posteriority Stawn praerog fol. 10 11. when one Tenent holdeth of two Lords of the one by priority of the other by posteriority c. Old nat br fol. 94. Pourchas perquisitum commeth of the French pourchasser i. sollicitare ambire it signifyeth the buying of lands or tenements with mony or other agreement and not the obtaining of it by title or descent Conjunctum perquisitum Joynt purchase Regist original fol. 143. b. Pour faire proclaimer que nul enject fimes ou ordures en fosses ou rivers pres cities c. is a writ directed to the Maior Shyreeve or Bayliff of a City or Town commanding them to proclaim that none cast filth into the ditches or places near adjoyning and if any be cast already to remove it This is founded upon the Statute an 12 Rich. 2. ca. 13. Fitz. nat br fol. 176. Pourparty propars propartis vel propartia is contrary to pro indiviso For to make pourparty is to divide and sever the lands that fall to Parceners which before partition they hold jointly and pro indiviso Old nat br fol. 11. Pourpresture pourprestura vel porprestura vel paraprestura seemeth to come from the French pourpris i. conseptum It is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie quando aliquid super Dominum Regem injustè occupatnr Ut in Dominicis Regis vel in viis publicis obstructis vel in aquis publicis transversis à recto cursu vel quando aliquis in civitate super regiam plateam aliquid aedificando occupaverit generaliter quoties aliquid fit ad nocumentum Regii tenementi vel Regiae viae vel civitatis Cromp. in his Jurisd fol. 152. defineth it thus Pour presture is properly when a man taketh unto himself or incroacheth any thing that he ought not whether it be in any jurisdiction land or fraunchis and generally when any thing is done to the Nusance of the Kings tenents Et idem eodem fol. 203 saith to the same effect but more at large See Kitchin fol. 10. and Manwood parte prim of his forest laws pag. 269. parte 2. cap. 10. per totum See Skene de verbo signif verb. Purpesture Where he maketh three sorts of this offence one against the King the second against the Lord of the fee the third against a Neighbour by a Neighbour lying near unto him Pour seisir terres la femme que tient en Dower c. is a writ whereby the King feiseth upon the land which the wife of his Tenent that held in Capite deceased hath for her dowry if she mary without his leave and is grounded upon the Statute of the Kings prerogative cap. 3. see Fitzh fol. 174. Poursuyvant commeth of the French poursuivere i. agere agitare persequi It signifieth the messenger of the King attending upon him in wars or at the Councel table the Star chamber Exchequer or Commission court to be sent upon any occasion or
signifieth verbatim Which is the self same thing It is used in our Common law as a word of art in an action of Trespasse or of like nature for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an action of the case the Plaintiff saith that the Lord threatned his Tenants at will in such sort as he drave them to give up their tenures The Lord for his defence pleadeth That he said unto them That if they would not depart he would sue them as the Law would This being the same threatning that he used or to speak artificially que est le mesme the defence is good Of this see Kitchin in the chapter que est le mesme fol. 236. where you may have many like examples Que estate word for word signifieth quem statum It signifieth in our Common law a plee whereby a man entituling another to land c. saith That the same estate he had himself hath from him For example in a quare impedit the Plaintiff allegeth That such four persons were seised of Lands whereunto the Advowsen in question was appendant in fee and did present to the Church and afterward the Church was void que estat del c that is which estate of the four persons he saith also that he hath now during the vacation by vertue whereof he presently c. Brook titulo Que estate fol. 175 176. But it is harder to know when this Que estate is to be pleaded than to understand what it is as by him may appear See the new book of Entries verb. Que estate Queen Regina is either he that holdeth the Crown of this Realm by right of bloud or else she that is maried to the King In the former signification she is in all construction the same that the King is and hath the same power in all respects In the other signification she is inferiour and a person exempt from the King for she may sue and be sued in her own name Yet that she hath is the Kings and look what she loseth so much departeth from the King Stawnf praerog cap. 2. fol. 10. in sine See Kitchin fo 1. b. See Cook lib. 4. Copy-hold cases fo 23. b. Angusta was the like among the Romans howbeit not ejusdem juris in all things Queens silver See Kings silver Quem redditum reddat is a writ judicial that lyeth for him to whom a rent seck or rent charge is granted by fine levyed in the Kings court against the Tenent of the land that refuseth to atturn unto him thereby to cause him to atturn See Old nat br fo 156. west part 2. symbol titulo Fines sect 125. See the new book of Entries verb. quem reditum reddit Querela frosca fortiae is a writ See Fresh force Querela coram regi et consilio descutienda et terminanda is a writ whereby one is called to justifie a complaint of a trespasse made to the King and himself before the King and his Councel Regist origf 124 b. Questus est nobis c. is the form of a writ of Nusance which by the statute ax 13 Ed 1. ca. 24. lyeth against him to whom the house or other thing that breedeth the Nusance is alienated whereas before that Statute this action lay only against him that first levyed the thing to the hurt of his Neighbour See the Statute Quia improvide seemeth to be a Supersedeas granted in the behalf of a Clark of the Chancery sued against the privilege of that Court in the Common plees and persued in the exigend See Dyerf 33 n 18. Quid juris clamat is a writ judicial issuing out of the Record of the fine which remaineth with the Custos brevinm of the Common place before it be ingrossed for afterward it cannot be had and it lyeth for the Grantee of a Reversion or Remainder when the particular tenant will not atturn West parte 2. symb tit Fines sect 118. Whom see further See the Register judicial 36 57. And the new book of Entries Verbis Quid juris clamat Quinquagesima Sunday is alway the next Sabbath before Shrovetyde so called because it is the fivetieth day before Easter The reason of this appellation whoso desireth to know he may find divers such as they be in Durandi rationali Divinorum Capit. de Quinquagesima Sexagesima Sunday is the next Sabbath before Quinquagesima so called in the opinion of the said Author because the number of sixty consisteth of six times ten six having reference to the six works of mercy and ten to the ten Commandements Septuagesima is the next before Sexagesimi and is instituted and so called as Durand likewise saith for three things and to use his own words Primò propter redemptionem Sabbati vel secundum alios quinta furiae in qua sancti patres stat uerunt jejunari Secundo propter repraesentationem quoniam repraesentat septuaginta annos captivitatis Babylonicae Tertiò propter significationem quoniam per hoc tempiis significatur deviatio exilium et tribulatio totius humani generis ab Adam usque ad finem mundi quod quidem exilium sub revolutione septem dierum peragitur et sub septem millibus annornm includitur But of these three days you may read him at large that have a mind to learn of him I only take occasion to note what time of the year they be because I find them spoken of in our antient Law-writers as Brit. 23. and such like Quite claim quiete clamantia vel quieta clamantia is a release or accquitâ—ing of a man for any Action that he hath or might have against him Bracton li. 5. tract 5. c. 9. nu 9 li. 4. tract 6. ca. 13. nu pri Quittance qutetantia See Acquitance Quid pro quo is an artificial speech in the Common law signifying so much as the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the Civilians which is a mutual protestation or performance of both parties to a contrnct as a horse and ten pound between the buyer and the seller Kitchin fo 184. Quinsieme decima quinta is a French word signifying a fifteenth It is used in our Common law for a tax laid upon the subjects by the Prince anno 7 Hen. 7. ca. 5. So termed because it is raised after the fifteenth part of mens Lands or Goods See Fifteenth and Tax The Fifteenth as Crempton saith in his Jurisd fol. 21. is levyed more commonly in these daies by the yards of Land and yet in some places by goods also and note also that he there saith that it is well known by the Exchequer Roll what every town through England is to pay for a fifteenth Sometime this word qninsieme is used for the 15 day after any feast as Quinsieme of Saint Johns Baptist anno 13 Ed. prim ca. 3. et anno decimo ostavo ejusdem capit prim Quod ei def rceat is a writ that
abate rents or prices of victuals anno pri Mar. 12. anno 1 Eliz. cap. 17. See West parte 2. symb titulo Inditem Sect. 65. And Cromptons Justice of peace fol. 41. b. Rebutter commeth of the French Bouter i. pellere impellert propellere intrudere and signifyeth in our Common law the same thing For example a man giveth land to him and the issue of his body to another in fee with warranty And the Donee leaseth out his Land to a third for years The heir of the Donour impleadeth the Tenant alleging that the Land was in tayl to him The Donee commeth in and by vertue of the warranty made by the Donor repelleth the Heir because though the land were intailed to him yet he is beiâ— to the warrantee likewise and this is called a Rehutter See Brook titulo barre num 23. And again if I grant to my Tenent to hold sine impetitione vasti and afterward I implead him for waste made he may debar me of this action by shewing my grant And this is likewise a Rebutter idem eodem num 25. See the new book of Entries verbo Rebutter Renant an 32 H. 8. ca. 2. Recaption recaptio signifieth a second distresse of one formerly distreined for the self same cause and also during the plea grounded upon the former distresse It likewise signifieth a writ lying for the party thus distreâ—ned the form and further use whereof you may see in Fitz. nat br fol. 71. and the Regist. orig fo 86. and the Register Judicial fo 69. and the new book of Entries verb. Recaption Receyver receptor or receptator generally and indefinitely used is as with the Civilians so also with us used commonly in the evil part for â—uch as receive stollen goods from theeves and conceal them li. 1. Ï€ de receptatoribus But annexed to other words as the receiver of rents c. it signifieth many times an officer of great account belonging to the King or other great personage Cromptons Jurisdict fol. 18. There is also an officer called the Receiver of Fines who receiveth the mony of all such as compound with the King in the office of the Finances for the buying of any lands or tenements holden in Capite West parte 2. symb titulo Fines sect 106. Receiver of all offices accountable an 1 Ed. 4. cap. 1. Receiver general of the Dutchy of Lancaster is an office belonging to the Dutchy Court that gathereth in all the revenues and fines of the lands of the said Dutchy and of all forfeitures and assessements or what else is thence to be received Receiver general of the Court of Wardt and liveries is an officer belonging to that Court that is to receive all rents revenues fines of the lands belonging to his Majesties Wards as also the fines for licences to the Kings widows to mary of custer le maine sued out and for ideots and lunaticks land and finally all other profits whatsoever in mony arising to his Majesty out of or by reason of the Court of Wards and liveries Receiver general of the Muster Rolls anno 35 Eliz. ca. 4. Receiver general of the Dutchy of Lancaster of the Wards and liveries anno 39 Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stir out of his house or cloyster Littleton fol. 92. Recognisance Recoguitio commeth of the French Recogneisance i. agnitio recognitio and in our Common law is thus defined A Recognisance is a bond of Record testifyng the recognizour to owe unto the recognizee a certain sum of mony and is knowledged in some court of Record or before some Iudge or other officer of such Court having authority to take the same as the Masters of the Chancery the Judges of either Bench Barons of the Exchequer Justices of peace c. And those that be meer Recognisances are not sealed but inrolled And execution by force thereof is of all the recognisors goods and chatells except the draught beasts and implements of husbandry and of the moyety of his Lands West parte pri symb li. 2. titulo Recognisances sect 149. And of these you may see there great diversity of Presidents Note farther that a Recognisance though in the special signification it do but acknowledge a certain debt and is executed upon all the goods and half the lands of the recognisour yet by extention it is drawn also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register orginal fol. 146 151 252. and by West ubi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these words in the Statute West 1. cap. 36. anno 3 Ed. 1. It is provided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with robbery of any manner of goods or moveables by recognisance of Assise of novel disseisin the judgement shall c. In which place it is used for the verdict of the twelve men impaneled upon an Assise which twelve are also called recognitors of the Assise Littleion fol. 72. So also Bracton called them lib. 5. tractat 2. cap. 9. nu 2. in these words In essonio verâ— reddendo exigentur omnes illi quos causa tetigerit sicut particeâ—â— Warrantus alii ut supra Recognitores in assisis Juratores in Juratis Inquisitores inquisitionibus c. And again lib. 3 tract 1. cap. 11. num 16. See the Statute anno 20 Ed. prim stat 4. See the new book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the Common Bench for the sending of a Record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appear it may be disannulled Register original folio 183. a. b. Recognitors recognitores is a word used for the Iury empaneled upon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongues signifieth an authentical or uncontroulable testimony in writing Briton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the grand Custumary of Normandy there are several Chapters of divers Records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. Chapter where you have words to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he have one other witness This record may he and other make if he himself will not make it it may be made by three others And his person may not
Reg. orig f. 206 207. Reddioion is a judicial confession and acknowledgement that the land or thing in demand belongeth to the demandant or at the least not to himself a. 34 35 H. 8. ca. 24. Perkins Dower 379 380. Redubhours be those that buy cloath which they know to be stollen and turn it into some other form or fashion Briton cap. 29. Cromptons Viconat fol. 193. a Reentry commeth of the French rentrer i. rursus intrare and signifieth in our Common law the resuming or taking again of possession which we had earst foregone For example If I make a Lease of land or tenement I do thereby forego the possession and if I do condition with the Leassee that for non payment of the rent at the day it shall be lawfull for me to reenter this is as much as if I conditioned to take again the lands c. into mine own hands and to recover the possession by my own fact without the assistance of Iudge or proces Reere County See Rier County Reextent is a second extent made upon lands or tenements upon complaint made that the former extent was partially performed Brook titule Extents fol. 313. Regard regardum is borrowed of the French Regard or regardere i. aspectus conspectus respectus and though it have a general signification of any care or diligence yet it hath also a special acceptance and therein is used only in matters of the Forest and there two waies one for the office of the Regarder the other for the compasse of ground belonging to the regarders office or charge Cromptons jurisd fol. 175.199 Toaching the former thus saith M. Manwood parte pri of his Forest laws pag. 198. The Eire general Sessions of the Forest or Justices seat is to be holden and kept every third year and of necessity before that any such sessions or Iustices seat can be holden the Regarders of the Forest must make their Regard And this making of the regard must be done by the Kings writ And the regard is as he afterward there saith to go through the whole horest and every Bayliwick of the same to see and enquire of the trespasses of the Forest which he compriseth in these four viz. ad videndum ad inquirendum ad imbreviandum ad certificandum Of every of which branches you may read there his exposition Touching the second signification the compasse of the Regarders obarge is the whole Forest that is all that ground which is parcel of the Forest For there may be Woods within the limits of the Forest that be no parcel thereof and those be without the Regard as the same Author plainly declareth parte pri pag. 194. and again parte 2. cap. 7. nu 4. where he sheweth the difference between these words Infra regardum or Rewardum infra Forestam Regarder regardator commeth of the French Regardeur id est Spectator and signifieth an Officer of the Forest Cromptons jurisdict 153. where it is thus defined A Regarder is an Officer of the Forest appointed to surview all other officers He saith there also that this officer was ordained in the beginning of King Henry the seconds daies M. Manwood in his first part of Forest lawes pag 188. thus defineth him A Regarder is an Officer of the Kings forest that is sworn to make the regard of the Forest as the same hath been used to be made in antient time And also to view and enquire of all offences of the Forest as well of vert as of venison and of all concealments of any offences or defaults of the Foresters and of all other officers of the Kings forest concerning the execution of their offices He saith there also that a Regarder may be made either by the Kings letters patents or by any one of the Kings Iustices of the forest at his discretion in the general Eyr or at such time as the regard is to be made by vertue of the Kings writ directed to the Shyreeve of the County for that purpose The form of which writ he there setteth down After that pag. 192. he setteth down his Oath in these words You shall truly serve our Soveraign Lord the King in the office of a Regarder in the Forest of Waltham You shall make the Regard of the same in such manner as the same hath been accustomed to be made You shall raunge through the whole Forest and through every Bayliwick of the same as the Foresters there shall lead you to view the said Forest. And if the Foresters will not or do not know how to lead you to make the regard or raunge of the Forest that they will conceal from you any thing that is forfeited to the King you your selves shall not let for any thing but you shall see the same forfeiture and cause the same to be enrolled in your roll You shall enquire of all wastes pourprestures and Asserts of the Forest and also of concealments of any offence or trespasse in the Forest and all these things you shall to the uttermost of your power dâ— So help you GOD. Then you may read farther the particulars of his office eadem pag. 195. And pag. 207. he saith that their presentments must be upon their view and so recorded and that the Regarders of themselves have power to hear and determine the fine or amerciament for expeditating of dogs See Regard Regio assensis is a writ whereby the King giveth his Royal assent to the election of a Bishop or Abbot Register origin fol. 294. b. Registrie registrum commmeth of the French Registre i. liber librarium codex ratiocinarius ephemeris commentarius it signifieth with us the office or books or rolls wherein are recorded the proceedings of the Chancery or any Spiritual Court. The writer and the keeper whereof is called the Register in Latine Registrarins Register is also the name of a book wherein are expressed all the forms of writs used at the Common law called the Register of the Chancery Anno 13 Ed. pri cap. 24. Some say it is termed Registrum quasi regestum Prataeus Regrator regratator commeth of the French regratter i. desquamare Regratter quelque vielle robe la faire neufue is to scoure or furbish an old garment and to make it new again Also regratteur signifieth as much as Mango in Latine which kind of men sold children and to sell them the better mentiendi coloris artem optime callebant Martialis Plinius This word in our Common law did antiently signifie such as bought by the great and sold by the retayl Anno 27 Ed. 3. stat prim cap. 3. but now it signifieth him that buyeth and selleth any wares or victuals in the same market or fair or within five miles thereof Anno 5 Ed. 6. cap. 14. anno 5 Eliz. ab cap. 12. anno 13 Eliza. cap. 25. See Forestallers and Engrossers Rehabere facias seifinam quando Vicecomes liberavit seifinam de majore parte quam deberet is a writ judicial Register
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
Remembrancers of the Exchequer Rememoratores be three Officers or Clerks one called the Kings Remembrancer anno 35 El. cap. 5. The other the Lord Treasurers Remembrancer upon whose charge it seemeth to lye that they put all Justices of that Court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and dealt in for the Princes behoof The third is called the Remembrancer of the first-fruits Of these you may read something anno quinto Rich. 2. stat pri cap. 14. 15. to the effect above specified These anno 37 Ed. 3. cap. 4. be called Clerks of the Remembrance It seemeth that the name of this Officer is borrowed from the Civilians who have their Memorales qui sunt notarii Cancellâ—riae in regnò subjecti officio Quaestoris Lucas de penna C. lib. 10. tit 12. nu 7. The Kings Remembrancer entreth in his Office all recognisances taken before the Barons for any the Kings Debts for apparences or for observing of Orders He takes all bonds for any of the Kings debts or for appearance or for observing of Orders and maketh Proces upon them for the breach of them He writeth Proces against the Collectors of customs and subsidies and fifteenths for their accounts All informations upon penal Statutes are entred in his Office And all matters upon English-Bills in the Exchequer-chamber are remaining in his Office He maketh the Bills of compositions upon penal Laws taketh the stallments of debts maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber of the fines there set and sendeth them to the Pipe He hath delivered unto his Office all manner of indentures fines and other evidences whatsoever that concern the assuring of any lands to the Crown He yearly in crastino animarum readeth in open Court the Statute for the election of Shyreeves and giveth those that chuse them their oath he readeth in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers remembrancer maketh process against all Shyreeves Escheators Receivers and Bayliffs for their accompts He maketh process of Fierifacias and Extent for any debts due to the King either in the Pipe or with the Auditors He maketh process for all such Revenew as is due to the King by reason of his Tenures He maketh Record whereby it appeareth whether Shyreeves and other accountants pay their profers due at Easter and Michaelmas He maketh another Record whereby it appeareth whether Shyreeves and other Accountants keep their daies of prefixion All Extreats of Fines Issues and Amerciaments set in any Courts of Westminster or at the Assises or Sessions are certified into his Office and are by him delivered to the Clerk of Extreats to write Proces upon them He hath also brought into his Office all the accompts of Customers Controllers and other accomptants to make thereof an entry of Record The Remembrancer of the first fruits taketh all compositions for first Fruits and Tenths and maketh Process against such as pay not the same Remitter commeth of the French remettre i. restituere reponere and signifieth in our Common law a restitution of one that hath two Titles to Lands or Tenements and is seised of them by his latter Title unto his Title that is more antient in case where the latter is defective Fitzherberâ— natura brev fol. 149. F. Dyer folio 68. num 22. This in what Case it may be granted to any man see in Brook titulo Remitter and the Terms of Law The Doctor and Student of this matter hath these words If land descend to him that hath right to that Land before he shall be remitted to his better Title if he will Ca. nono fo 19. b. See the new Book of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our Common law the self-same thing For example this word is used in levying of a fine For a Fine is either single by which nothing is granted or rendred back again by the Cognizee to the Cognizour or double which containeth a grant or render back again of some Rent common or other thing out of the Land it self to the Cognisor c. West parte 2. Symbol titulo Fines Sect. 21 30. F. Also there be certain things in a Manor that lie in Prender that is which may be taken by the Lord or his Officer when they chance without any offer made by the Tenant as the Ward of the body of the Heir and of the Land Escheats c. and certain that lye in Render that is must be delivered or answered by the Tenant as Rents Reliefs Heriots and other services Idem codem Sect. 126. C. Also some service consisteth in seisance some in Render Perkins Reservations 696. Rent reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with us a sum of mony or other consideration issuing yearly out of Land or Tenements Plowden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of Rents observed by our Common Lawyers that is Rent service Rent charge and Rent seck Rent service is where a man holdeth his Land of his Lord by Fealty and certain Rent or by Fealty Service and certain Rents Littleton lib. 2. cap. 12. fol. 44. or that which a man making a Lease to another for term of years reserveth yearly to be paid him for the same Terms of Law verbo Rents who giveth this Reason thereof because it is in his liberty whether he will distrein or bring an action of Debt A Rent charge is that which a man making over an estate of his Land or Tenements to another by deed indented either in fee or fee tail or lease for term of life reserveth to himself by the said Indenture a sum of Mony yearly to be paid unto him with clause of distress or to him and his heirs See Littleton ubi supra A Rent seck otherwise a dry Rent is that which a man making over an Estate of his Land or Tenement by Deed indented reserveth yearly to be paid him without clause of Distresse mentioned in the Indenture Littleton ubi supra And Terms of the Law verbo Rents See the new Expositor of Law Terms See Plowden casu Browning fol. 132. b. See the differences between a Rent and an Annuity Doctor and Student cap. 30. Dialog primo Reparatione facienda is a writ which lyeth in divers cases whereof one is where three be Tenants in Common or Joynt tenents or pro indiviso of a Mill or house which is fallen into decay and the one being willing to repair it the other two will not In this Case the party willing shall have this writ against the other two Fitz. nat br fol. 127. where read at large the form and many uses of this writ as also in the Regi orig fol. 153. b. Repeal commeth of the French Rappel i. Revocatio and
proferre est testimonium legalium hominum qui contractui inter eos habito interfuerint praesentes producere Fleta lib. 2. cap. 63. § Nullus And secta is used for a witnesse Idem lib. 4. cap. 16. § final Habes tamen sectam unam vel plures c. Secta ad justiciam faciendam is a service due for a mans fee to be persormed being by his fee bound thereunto Bracton lib. 2. cap. 16. num 6. Secta unica tantum facienda propluribus haereditatibus is a Writ that lyeth for that Heir that is distreined by the Lord to more sutes than one in respect of the Land of divers Heirs descended unto him Register original folio 177. a. Sectis non faciendis is a VVrit that lyeth for one in wardship to be delivered of all sutes of Court during his wardship Register origin fol. 173. b. See other use of this writ eodem fol. 174. touching women that for their Dower ought not to perform sure of Court Secunda superoneratione pasturae is a writ that lyeth where measurement of pasture hath been made and he that first surcharged the common doth again furcharge it the measurement notwithstanding Register original fo 157. Old nat br fol. 73. Secundarie secundarius is the name of an Officer next unto the chief Officer as the Secundary of the fine Office the Secundary of the Counter which is as I take it next to the Shyreeve in London in each of the two Counters Secundary of the Office of the privy seal anno 1 Ed. 4. cap. 1. Secundaries of the Pipe two Secundary to the remembrancers two which be Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quòd se non divertat ad partes exteras sine licentia Regis is a writ that lyeth for the King against any of his subjects to stay them from going out of his Kingdom The ground whereof is this that every man is bound to serve and defend the Common-wealth as the King shall think meet Fitz. nat br fol. 85. Securitate pacis is a writ that lyeth for one who is threatened death or danger against him that threateneth taken out of the Chancery to the Shyreeve whereof the form and farder use you may see in the Register orig fo 88. b. and Fitz. nat brev fo 79. Se defendendo is a plee for him that is charged with the death of another saying that he was driven unto that which he did in his own defence the other so assaulting him that if he had not done as he did he must have been in peril of his own life Which danger ought to be so great as that it appear inevitable As Stawnford saith in his plees of the Crown lib. 1. cap. 7. And if he do justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chanceller and forfeiteth his goods to the King As the said Author saith in the same place Seignior Dominus is borrowed of the French seigneur It signifieth in the general signification as much as Lord but particularly it is used for the Lord of the see or of a Mannor even as Dominus or senior among the Feudists is he who granteth a fee or benefit out of the Land to another And the reason is as Hotoman saith because having granted the use and profit of the land to another yet the property i. Dominium he still reteineth in himself See Hotoman in verbis Feudal verbo Dominus Senior Seignior in grosse seemeth to be he that is Lord but of no mannor and therefore can keep no Court. Fitz. nat br fol. 3. b. See Signorie Seignourage anno 9 H. 5. stat 2. cap. 1. seemeth to be a regality or Prerogative of the King whereby he challengeth allowance of gold and silver brought in the Masse to his Exchange for coyn Seignorie Dominium is borrowed of the French seigneury i. ditio dominatus Imperium principatus potentatus It signifieth peculiarly with us a Manor or Lordship Seignorie de soke mans Kitchin fol. 80. Seignorie in grosse seemeth to be the Title of him that is not Lord by means of any Manor but immediately in his own person as Tenure in capite whereby one holdeth of the King as of his Crown is seignorie in grosse because it is held of the King for the time being and not of the King as of any honour manor c. Kitchtn fol. 206. See Seignior Seisin seisina is borrowed of the French seisine i. possessio and so it signifieth in our Common law and to seise is to take possession Primier seisin prima seisina is the first possession See Primier seisin Of the French word seisir is made a Latine seisire used by the Canonists cap. Clericis § Nos igitur non semel de immunitate Ecclesiae num 6. as also the Civilians Guido Pap. singulo 865. Seisire est etiam possessionem tradere Tiraquellas in Tractatu Le mort saisit le vif pag. 53. num 3. Seisin with our Common Lawyers is two fold seisin in fact and seisin in Law Perkins Dower 369.370 Seisin in fact is when a corporal possession is taken seisin in Law is when something is done which the Law accounteth a seisin as an Inrollment Seisin in Law is as much as a right to Lands and Tenements though the Owner be by wrong disseised of them Perkins Tenent per le courtesie 457.478 And it seemeth by Ingham that he who hath had an hours possession quietly taken hath seisin de droit de claim whereof no man may disseise him by his own force or subtilty but must be driven to his action § Bref de novel disseisin Sir Edward Cook lib. 4. calleth it seisin in Law or seisin actual fol. 9. a. The Civilians call the one civilem possessionem the other naturalem Seisiua habenda quia Rex habuit annum diem vastum is a Writ that lyeth for delivety of seisin to the Lord of his Land or Tenements that formerly was couvicted of felony after the King in the right of his Prerogative hath had the year day and waste Reg. orig fol. 165. a. Selion selio is borowed of the French sello i. terra elata inter duos sulcos in Latine Porca in English a Ridge or land It signifieth even so with us also and is of no certain quantity but sometime containeth half an Acre sometime more and sometime less West parte 2. symbol titulo Recovery sect 3. Therefore Crompton in his jurisdictions fol. 221. saith that a selion of Land cannot be in demand because it is a thing uncertain Seneshall senescallus is a French word but borrowed from Germany being as Tilius saith compounded of Scal i. servus aut officialis and Gesnid i. familia we English it a Steward As the high Seneshall or Steward of England pl. cor fo 152. High Seneshall or steward and South Seneshall or Understeward Kitchin fol. 83. is understood for a steward or understeward
longa servitutis possessio ad libertatem extingnendam quamvis ad merchetum sanguinis su◠compulsus fuorit quis pro tenemento reddendo Nulla enim servitus ratione praescriptionis temporis potest liberum sanguinem in servit ntem reducere non magis quà m liberum tenementum potest servum in liber tatem c. By whose words it appeareth that Soca is nothing else but the meeting or assembly of these kind of Tenents in any place within the Mannor or Liberty wherefore he that hath Soc may seem to have such a Manor such Tenents and such a liberty belonging to his Manor and Tenents as is here described Here you see diversities of opinions touching this word one saying that it is a power or liberty to seek after Theeves and stollen goods within a Manor or Fee and to do Iustice upon such inquisition others that it is a liberty only to have suters to his Court others as Fleta that it containeth both the former significations and further that it is taken for the company of Tenents which live within such a Liberty and are exempted from those common services of the Prince and Country whereunto subjects are ordinarily tyed This kind of liberty is in divers places at this day in England and commonly known by the name of soke or sok n. See Soke and Sockmans Soccage soccagium commeth of the French Soc i. vomer a Plowshare or coulter It signifieth in our Common law a tenure of Lands by or for certain inferior or hubandry services to be performed to the Lord of the Fee See Institutes of Common law 31. As I have shewed in Chivalry all services due for land is either Knights-service or soccage So then whatsoever is not Knights service is soccage Bracton in his second book ca. 35. nu pri describeth it thus Dici poterit soccagium a Soeco inde tenentes qui tenent in Sockagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tamtummodo ad culturam et quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebit Et si aliquando inde de facto capiatur homagium quòd plures contingit non tamen habebit propter hoc dominus capitalis custodiam maritag Quia non semper sequitur homagium licet aliquande sequatur M. Skene deverb signif verb. Socmannia saith that Soccage is a kind of holding of Lands when a man is infeoffed freely without any service ward relief or Mariage and payeth to his Lord such duty as is called petit sergeantie or when one holdeth land in the name of burgage or in libera elemozina or otherwise in blenshe ferme five nomine alba firmae opponitur militi qui tenet per servitium militare Out of the place above named in Bracton you may find a division of Soccage whereby it is termed either Soccagium liberum or villanum frank or free Soccage and base otherwise called villenage The former is there thus defined Soccagium liberum est ubi fit servitium in denariis Dominis capitalibus et nihil inde omnino datur ad scutum et servitium Regis Where I gather that to be free soccage which payeth a certain sum of money to the chief Lord in regard of some tillage or such like and not of any Sergeantie or eschuage And to this effect he writeth also lib. 2. cap. 16. nn 9. c. unde si tantum in denariis et sine scutagio vel seriantiis vel si ad duo teneatur sub disjunctione sc adcertam rem dandam pro omni servitio vel aliquam summam in denariis id tenementum potest dici Soccagium si autem superaddas Scutagium aut servitium regale licet ad unum obulum vel seriantiam illud poterit dici foudum militare This free Socage is also called common Socage anno 37 H. 8. cap. 20. Socage in base tenure or villanum Soccagium is divided again in villanum Soccagium et purum villenagium Villanum Soccagium est illud de quo fit certum servitium idque ratione sui tenementi non personae suae Puruno vilenagium est illud in quo praestatur servitium inceatum et inde terminatum abi scirt non poterit vospere quale servitium fieri debet mane viz. ubi quis facere tenet us quicqui ei praceptum fuerit Bracton lib. 2. cap. 8. num 3. The oldna br fol. 94. maketh three parts of this division viz. Socage of free tenure Soccage of antient tenure and Soccage of base tenure Soccage of free tenure is as the book saith where a man holdeth by free service of 12. pence by year for all manner of services or by other services yeerly Soccage of antient tenure is of land of antient Demesn where no writ originall shall be sued but the Writ of Right that is called secundum consuetudinem manerii Soccage of base tenure is of those that hold in Socage and may have none other writ but the Monstraverunt and such Sock-men hold not by certain Service And for that are they not free Sockmen Then again Soccage is divided into soccage in chief and common soccage Socage in chief or in capite is that which holdeth of the king as of his Crown Fraerog fol. 41. Common Soccage is that which holdeth of any other capitall Lord or of the King by reason of some honour or manner Ibidem Burgage is also a kind of Socage see Burgage Sockmins Sockmanni are such tenents as hold their lands and tenements by Soccage tenure And accordingly as you have 3. kinds of Soccage so be there 3. sorts of Sockmans as Sockmans of frank tenure Kitchin fol. 8◠Sockmans of antient Demesn old nat br fol. 11. and Sockmans of base tenure Kitchin ubi supra But the tenents in antient Demesn seem most properly to be called Sockmans Fitzh nat br fol. 14. B. Brit. c. 66. n. 2. Soke anno 32 H. 8. cap. 15. cap. 20. Of this Fleta saith thus Soke significat libertatem curiae tenentium quam socam appellamus l. 1. cap. 47. § Soke See Roger Hoveden parte poster suorum annalium fol. 345. b. and See Soc. Soken Soca see Soc. and Hamsoken Soken is latined Soca Regiorig fol. 1. a. Sokereve seemeth to be the Lords rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. in principio Sole tenens Solus tenens is hee or shee which holdeth only in his or her own right without any other joyned For example if a man and his wife hold land for their lives the remainder to their son here the man dying the Lord shall not have Heriot because he dyeth not sole tenent Kitch fol. 134. Solicitur Solicitator commeth of the French Soliciteur It signifieth in our Common law a man imployed to follow sutes depending in Law for the better remembrance and more case of Atturnies who commonly are so full of Clients and businesse that they cannot so often attend the Serjeants and
Councellors as the case may require Solet et debit See debet solet Solidata terrae See Farding deal of land Solace anno 43. Elizabeth cap. 10. Sommons aliâs summons summonitio commeth of the French semondre i. vocare It signifieth in our Common law as much as vocatio in jas or ciatio among the Civilians And thence is our word somner which in French is semoneur i. vocator monitor The Customary of Normandy for our summons hath semonse ca. 61. summons of the Exchequer anno 3 Edw. 1. cap. 19. anno 10. ejusdem cap. 9. How summons is divided and what circumstances it hath to be observed See Fleta li. 6. cap. 6 7. Sollutione feods militis Parlamenti and solutione feodi Burgen Parlamenti be Writs whereby Knights of the Parliament may recover their allowance if it be denied an 35 H. 8. ca. 11. Sontage Stow. pag. 284. is a task of forty shillings laid upon every Knights fee. Sorting Kersies 3 Jacob. cap. 16. Sothale is a kind of entertainment made by Bayliffs to those of their hundreds for their gain Which sometime is called Filctable Of this Bracton lib. 3. tractat 1. cap. prim hath these words De Ballivis qui faciunt cervicias suas quas quandoque vocant sothail quandoque fictale ut pecunias extorqueant ab iis qui sequntur Hundreda sua et Balvas suas c. I think this should rather be written Scotale See Scotale Southvicont Sub vicecomes is the undersheriff Cromptons Jurisd fol. 5. Sowne is a verb neuter properly belonging to the Exchequer as a word of their Art signifying so much as to be leviable or possible to be gathered or collected For example Estreats that sown not are such as the Sheriff by his industry cannot get and Estreats that sown are such as he can gather anno 4 H. 5. cap. 2. SP Speaker of the Parliament is an Officer in that high Court that is as it were the common mouth of the rest and as the honourable assembly consisteth of two Houses one called the Higher or Upper House consisting of the King the Nobility and Kings Councell especially appointed for the same the other termed the Lower or Common House containing the Knights of the Shires the Citizens Barons of the Cinque Ports and the Burgesses of Borough Townes so be their also two Speakers one termed the Lord Speaker of the Higher House who is most commonly the Lord Chancelor of England or Lord Keeper of the Great Seal the other is called the Speaker of the Lower House And the duties of these two you have particularly described in M. Vowels alias Hookers Book intituled The order and usage of keeping the Parliament Speciall matter in evidence See Generall Issue And Brook tit Generall issue and speciall evidence Spiritualities of a Bishop spiritualia Episcopi be those profits which he receiveth as he is a Bishop and not as he is a Baron of the Parliament Stawnf pl. cor fol. 132. The particulars of these may be the duties of his Visitation his benefit growing from ordering and instituting Priests prestation Money that subsidium charitativum which upon reasonable cause he may require of his Clergie Johannes Gregorius de Beneficis cap. 6. num 9. and the Benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. cap. 14. num 14. for these reckoneth Exactionem Cathedratic quartam Decimarum mortuariorum et oblationum pensitationem subsidium obaritativum celebrationem Spuedi collationem viatici vel commeatus oum Episcopus Romam proficiscitur jus Hospitii Litaniam et Processionem Spickenard spica nardi vel nardus is a medicinal herb whereof you may for your further instruction read Gerards Herball lib. 2. cap. 425. The fruit or eare of this for it bringeth forth an care like Lavender is a drug garbable anno 1. Jacob. cap. 19. Spoliation spoliatio is a writ that lyeth for an Incumbent against another Incumbent in case where the right of Patronage commeth not in debate As if a Person be made a Bishop and hath despensation to keep his Rectory and afterward the Patron present another to the Church which is instituted and inducted The Bishop shall have against this Incumbent a writ of Spolatio in curt Christian Fitzherbert nat br fol. 36. See Benevolence SQ Squalley anno 43. Elizab. b. cap. 10. Squyres See Esquires ST Stable stand is one of the four Evidences or presumptions whereby a man is convinced to intend the stealing of the Kings Dear in the Forest Manwood parte 2. of his Forest Lawes cap. 18. num 9. the other three be these Dogdrawe Backbear Bloudy hand And this Staplestand is when a man is found at his standing in the Forest with a Crosse bowe bent ready to shoot at any Deer or with a long Bowe or else standing close by a Tree with Greyhounds in a lease ready to slip Idem eodem Stalkers a kind of net anno 13 R. 2. stat 1. cap. 20. et anno 17. ejusdem cap. 9. Stallage Stallagium commeth of the French Estaller i. merces expenere expedire explicare It signifieth in our Common law money paid for pitching of stalls in Fair or Market See Scavage This in Scotland is called stallange Skene de verbor signific verbo Stallangiatores And among the Romans it was termed Siliquaticum à siliqua primo et minimo omnium pondere apudâ—llam nationem Stannaries stannaria commeth of the Latin stannum i. tynne signifying the Mines and works touching the getting and purifying of this mettall in Cornwal and other places Of this read Camden Britan. pag. 119 The liberties of the stannarie men granted by Edw. 1. before they were abridged by the Statute anno 50 Edw. 3. see in Plowden casu Mines fol. 327. a. b. Staple Stapulum signifieth this or that Town or Citie whether the Merchants of England by common order or commandement did carry their wools wool-fells cloathes lead and tinne and such like commodities of our land for the utterance of them by the great The word may probably be interpreted two waies one taking it from staple which in the Saxon or old English language signifieth the stay or hold of any thing Lamberd in his Duties of Constables num 4. because the place is certain and setled and again from the French estape i. forum vinarium because to those places whither our English Merchants brought their commodities the French would also meet them with theirs which most o all consisteth in Wines But I think this latter the truer because I find in the Mirrour of the world written in French these words A Calais y avotte Estape de le laine c. Which is as much to say as the staple for wools c. You may read of many places appointed for this staple in the statutes of the Land according as the Prince by his Councel thought good to alter them from the second year of Ed. 3. cap. 9. to the fifth of Ed. the sixth cap. 7. VVhat
stand as a Law for ever furthermore if the Chancellor or other Iudge or Officer could not well approve that the delay of Iustice complained of grew from just difficultie by reason that the case in question was formerly determined by Law or statute then might the Steward on the Kings behalf admonish him of his negligence and will him to be more carefull and studious Or if there appeared malice or corruption then the King and Parliament was wont to remove him and assign another of better hope to the place Lastly if the King had about him any such evill Councellor as advised him to this unjust or unanswerable to his Majesty as tending either to the disherison of the Crown publick hurt or destruction of the Subject The office of the Steward was taking to him the Constable and other great men with some of the Commons and giving notice to the King of their intention to send to that Counsellor and will him to desist from misleading the King yea if need so required to charge him to stay no longer about him but to depart from the Court which if hee neglected to perform then they might send to the King and with him to remove him and if the King refused then they might take him as a publick enemy to the King and Realm seise on his goods and possessions and commit his body to safe custody untill the next Parliament there to be judged by the whole Kingdome Examples are brought of Godwin Earl of Kent in the time of King Edward next before the Conquerour of Hubert Burgh Earl of the same County in the reign of Henry the third and of Peter Gaveston in Edward the seconds dayes But experience as I said hath found this Officer more dangerous then profitable and therefore hath time taught though not wholy to suppresse him yet to limit him to particular occasion and to restrain his power Then is there the Steward of the Kings most honourable houshold anno 24 Hen. 8. cap. 13. whose name is changed to the name of great Master anno 32. ejusdem cap. 39. But this statute was repealed by anno prim Mar. 2. Parlam cap. 4. and the office of the Lord Steward of the Kings houshold revived where you may at large read divers things touching his Office As also in Fitz. nat br f. 241. B. Of this Officers antient power read Fleta lib. 2. cap. 3. There is also a Steward of the Marshalsea pl. cor fol. 52. anno 33 Hen. 8. cap. 12. To be short this word is of so great diversity that there is not a Corporation of any accompt or house of any honour almost through the Realm but it hath an Officer toward it of this name A Steward of a manor or of a houshold what he is or ought to be Fleta fully describeth lib. 2. cap. 71. 72. Straunger commeth of the French estranger i. alienate It signifieth in our Language generally a man born out of the Land or unknown but in the Law it hath an especiall signification for him that is not privie or a party to an act as a Stanger to a judgement old nat brev fol. 128. is he to whom a ludgement doth not belong and in this signification it is directly contrary to partie or privie See Privie Submarshall submarescallus is an Officer in the Marshal-sea that is Deputy to the chief Marshall of the Kings house commonly called the Knight Marshal and hath the custody of the prisoners there Crompt Jurisd fol. 104. He is otherwise called Vnder-marshall Subpoena is a writ that lyeth to call a man into the Chancery upon such case only as the Common law faileth in and hath not provided for so as the partie who in equity hath wrong can have none ordinary remedy by the rules and course of the Common-law West part 2. symbol titulo Proceedings in Chancery Sect. 18. where you may read many examples of such cases as Sub poena lyeth in There is also a Sub poena ad testificandum which lyeth for the calling in of witnesses to testifie in a cause as well in Chancery as in other Courts And the name of both these proceed from words in the writ which charge the party called to appear at the day and place assigned Sub poena centum librarum c. I find mention of a common Sub poena in Cromptons Jurisd fol. 33. which signifieth nothing else but such a Sub poena as every common person is called by into the Chancery whereas any Lord of Parliament is called by the Lord Chancelors letters giving him notice of the sute intended against him and requiring him to appear Crompton cedem Subsidie Subsidium commeth of the French Subside signifying a tax or tribute assessed by Parlament and granted by the Commons to be levied of every subject according to the value of his Land or Goods after the rate of four Shillings in the pound for Land and two Shillings eight pence for Goods as it is most commonly used at this day Some hold opinion that this Subsidy is granted by the Subject to the Prince in recompence or consideration that whereas the Prince of his absolute power might make Laws of himself he doth of favour admit the consent of his Subjects therein that all thing in their own confession may be done with the greatest indifferency The manner of assessing every mans Lands or Goods is this First there issueth a Commission out of the Chancery to some man of honour or worship in every County by vertue thereof to call unto them the Head constables or Bailiff of every Hundred and by them the Constable and three or four of the substantiallest housholders in every Town within their Hundred at a day certain which men so called or so many of them as the commissioners think good to use do rate the Inhabitants of their own Town in such reasonable manner as they find meet yet by the discretion of the said Commissioners And then every man after his value set down must at his time pay to the Collector appointed after the rate aforesaid yet in antient time these subsidies seem to have been granted both for other causes as in respect of the Kings great travail and expences in wars or his great favours towards his subjects as also in other manner than now they be as every ninth Lambe every ninth Fleece and every ninth Sheaf anno 14 E. 3. stat pri cap. 20. And of these you may see great variety in Rastals Abridgement tit Taxes Tenths Fifteenths Subsidies c. whence you may gather that there is no certain rate but even as the two houses shall think good to conclude Subsidy is in the statute of the Land sometime confounded with custome anno 11 H. 4. cap. 7. See Benevolence Surety of peace securit as pacis is an acknowledging of a Bond to the Prince taken by a competent Iudge of Record for the keeping of the peace Lamberds Eirenarcha lib. 2. cap. 2. pag. 77. This
fol 173. Super praerogativa Regis cap. 3. is a writ lying against the Kings widow for marying without his license Fitzherbert nat brev fol. 174. Supplicavit is a writ issuing out of the Chancery for taking the surety of peace against a man It is directed to the Iustices of peace of the County and the Sheriff and is grounded upon the Statue anno pri Edw. 3. cap. 16. which ordaineth that certain persons in Chancery shall be assigned to take care of the peace See Fitzh nat bre fol. 80. This writ was of old called Breve de minis as Master Lamberd in his Eirenarcha noteth out of the Regist orig fol. 88. Sur cui in vita is a writ that lyeth for the heir of that woman whose fiusband having alienated her Land in fee she bringeth not the writ Cui in vita for the recovery of her own Land for in this case her heir may take this writ against the Tenent after her decease Fitzherbert natura brev folio 193. B. Surgeon commeth of the French Chirurgeon i. Chirurgus vulnerarius signifying him that dealeth in the mechanical part of Physick and the outward cures performed with the hand The French word is compounded of two Greek words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. manus and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. opus And therefore are they not allowed to minister inward medicine See Statute 32 Hen. 8. cap. 4. and Master Powltons new Abridgement titulo Surgeons Surcharger of the Forest is he that doth common with more Beasts in the Forest than he hath right to common withall Manwood parte 2. of his Forest Laws cap. 14. nu 7. Surplusage surplusagium commeth of the French surplus i. corollarium additamentum It signifieth in the Common law a superfluity or addition more than needeth which sometime is a cause that a Writ abateth Brook titulo Nugation and Supersluity fol. 100 Plowdens casu Dives contra Maningham fol. 63. b. It is sometime also applyed to matter of account and signifieth a greater disbursement than the charge of the Accomptant amounteth unto Surrcjoynder is thus defined by West parte 2. symb titulo Supplications sect 57. A Surrejoynder is a second defence of the Plaintiff action opposite to the Defendants Rejoynder And therefore as he saith Hotoman calleth it Triplicationem quae est secunda actoris defensio contra Rei duplicationem opposita Not Hotoman only calleth this triplicationem but the Emperor himsel De Replicationibus libro 4. Institut titulo 14. Surrender sursum redditio is an Instrument testifying with apt words that the particular Tenent of Lands or Tenements for life or years doth sufficiently consent and agree that he which hath the next or immediate Remainder or Reversion thereof shall also have the particular estate of the same in possession and that he yeeldeth and giveth up the same unto him For every surrender ought forhwith to give a possession of the things surrendred West parte 1. lib. 2. Sect. 503. where you may see divers presidents But there may be a surrender without writing And therefore there is said to be a surrender in deed and a suâ—render in Law A surrender in deed is that which is really and sensibly performed Surrender in Law is in intendment of Law by way of consequent and not actual Perkins Surrender fol. 606. seq as if a man have a lease of a farm and during the term he accept of a new lease this act is in Law a surrender of the former Coke vol. 6. fol. 11. b. Sursise supersisae anno 32 H. 8. cap. 48. seemeth to be an especial name used in the Castle of Daver for such penalties and forfeitures as are laid upon those that pay not their duties or rent for Castleward at their dayes an 32 H. 8. cap. 48. Bracton hath it in a general signification lib. 5. tract 3. cap. 1. nu 8. and Fleta lib. 6. c. 3. in prin Surveiour supervisor is compounded of two French words sur i. super and veior i. cernere intueri despicere prospicere videre It signifieth in our Common law one that hath the overseeing or care of some great personages lands or works As the Surveiour general of the Kings mannors Cromptons Jurisd fol. 106. And in this signification it is taken anno 33 H. 8. cap. 39. where there is a Court of Surveyours crected And the Surveyour of the Wards and Liveries West parte 2. symbologr titulo Chancerie Sect. 136. which Officer is erected anno 33 H. 8. cap. 22. who is the second Officer by his place in the Court of Wards and Liveries assigned and appointed by the King His Office seemeth especially to consist in the true examination of the Lands belonging to the Kings wards that the King be not deceived At the entrance into his Office he taketh an Oath ministred unto him by the Master of that Court which see anno 33 H. 8. ca. 39. Surveior of the Kings Exchange anno 9 H. 5. stat 2. cap. 4. was an Officer whose name seemeth in these daies to be changed into some other For I cannot learn that there is any such now Survivour is compounded of two French words sur i. super and viure i. aetatem agere vivere whence also commeth the compound surviure i. superesse It signifieth in our Common law the longer liver of two joynt Tenents See Brook titulo Joynt-tenents fol. 33. or of any two joyned in the right of any thing Suspension suspensio is used for a temporal stop of a mans right and differeth from extinguishment in this that a right of estate suspended reviveth again but extinguished it dyeth for ever Boook titulo Extinguishment and Suspension fol. 314. Suspension is also used in our Common law sometimes as it is used in the Canon law pro minori Excommunicatione As anno 24 H. 8. ca. 12. See Excommunication Suspirall seemeth to be a Spring of water passing under the ground toward a Conduit or Cestern anno 35 H. 8. cap. 10. and to be derived from the Latin suspirare or the French souspirer i. ducere suspiria And indeed the word it self is French for suspiral in that Tongue signifieth spiramentum cavernae the mouth of a Cave or Den or the tunnel of a Chimney Swainmot aliâs Swainmote Swainmotum signifieth a Court touching matters of the Forest kept by the Charter of the Forest thrice in the year anno 3 Hen. octav cap. 18. it is called also a Swainmote what things be inquirable in the same you may read in Cromptons Iurisdict fol. 180. who saith that this Court of Swainmote is as incident to a Forest as the Court of a Pie-powder to a Fair with whom agreeeth M. Manwood parte pri of his Forest-laws pag. 144. The word seemeth to be compounded of Swain and mot or Gemot For Swain as M. Manwood saith ubisupra pag. 111. in the Saxons tongue signifieth a Bookland man which at this day is taken for a Charterer or Freeholder and Gemot as Mr. Lamberd
travers Stawnf praerog fo 96. to tend an averment Brit. cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being used adjectively signifieth in English speech as much as it doth in French But in our Common law it is used as a verb and betokeneth as much as carefully to offer or circumspectly to endeavour the performance of any thing belongingunto us to tender As rent is to offer it at the time and place where and when it ought to be paid To tender his law of non summons Kitchin fo 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See law See make Tenementis legatis is a Writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and chatels to whom they list for the hearing of any controversie touching this matter and for the rectifying of the wrong Reg. orig f. 244. b. Tenant alias tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our Common law him that possesseth Lands or tenements by any kind of right be it in fee for life or for years This word is used with great diversity of Epithits in the Law sometime signifying or importing the efficient cause of possession as Tenent in Dower which is she that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a Statute forfeited unto him Tenent in frank mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage between him and his wife Tenent by the courtesie Idem fol. 159. i. he that holdeth for his life by reason of a child begotten by him of his wife being an Inheritrix and born alive Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in Mortgage Idem fol. 38. is he that holdeth by vertue of a mortgage or upon condition that if the lessor pay so much mony at such a day that he may enter and if not that the seassee shall have a fee simple fee tayl or freehold Sometime these Epithites import the manner of admittance as Tenent by the Verge in antient demeâ—n Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn Sometime the evidence that he hath to shew for his estate as Tenent by copy of Court roll which is one admitted Tenant of any Lands c. within a Manor that time out of the memory of man by the use and custome of the said Manour have been demisable and demised to such as will take the same in fee fee tayl for life years or at will according to the custome of the said manor West parte prim symb li. 2 sect 646 whom read more at large Again Tenent by charter is he that holdeth by feoffment in writing or other deed Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure As Tenent by Knight service Tenents in burgage Tenent in soccage Tenent in frank fee tenent in villenage Sometime they import the estate of the Tenent or his continuance in the Land as Tenent in fee simple Kitchin fol. 150. Tenent in fee tayl Idem fol. 153. Tenent at the will of the Lord according to the custome of the manner Idem fo 132 165. Tenent at will by the Common law Idem eodem Tenent upon sufferance Idem fol. 165. Tenent of state of Inheritance Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth as tenent in chief i. he that holdeth of the King in the right of his Crown Fitzher nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honor eodem Very tenent i. he that holdeth immediately of his Lord Kitchin fol. 99. For if there be Lord Mesn and tenent the tenent is very tenent to the Mesn but not to the Lord above Tenent paravailes pl. cor 197. Fitzh nat br fo 136. D. is the lowest Tenent and farthest distant from the Lord Paramount It seemeth to be Tenent Per availe See Dyers Commentaries fol. 25. nu 156. No tenent in right to the Lord but Tenent for the avowry to be made Littleton fol. 96. Sometime they have a relation between Tenents and Tenents in several kinds as Joynt tenents i. they that have equal right in lands and tenements and all by vertue of one title Litleton lib. 3. cap. 3. Tenents in Common be they that have equal right but hold by divers titles as one or more by gift or descent and others by purchase Idem eodem cap. 4. Particular tenent Stawnf Praerog fol. 13 that is he which holdeth only for his term as tenent in dower tenent by the courtesie or otherwise for life West parte 2. Symbol titulo Fines Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case lib. 1. fo 15. a. they be termors for years or life See Plowden casu Colthirst fol. 22. b. Sole tenent Kitchin 134. i. he that hath none other joyned with him If a man and his wife hold for both their lives and the man dyeth he dyeth not sole tenent Idem eodem Several tenent is opposite to joynt tenents or tenents in common See Several tenenoy Tenent al praecip is he against whom the writ Praecipe is to be brought Cokes Reports lib. 3. The case of Fines fo 88. a. Tenent in demesn anno 13 Ed. 1. cap. 9. anno 32 H. 8. ca. 37. is he that holdeth the demeans of a manor for a rent without fervice Tenent in service anno 20 Ed. 1. stat 1 is he that holdeth by service v. Britton cap. 79. in principio cap. 96 Car fealtic c. â—â—el quaere whether he may be termed tenent in Demein that holdeth some of the demeans howsoever and he tenent in service which is a Free-holder to a Manor holding by service for the Free-holds of a Manor are not accounted of the demesn but only that which the Lord keepeth in his own hand or letteth out by copy according to the custome of the Manor Tenent by execution anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an execution upon any Statute Recogn zance c. Tendeheved decanus vedcaput decem familiarum of this see Rogen Hovedon parte poster suorum annalium fol. 346 a. See Frank pledge Tenement tenementum is diversly used in the Common law most properly it signieth a house or home Stall but in a larger sig nfication it is taken either for house or land that a man holdeth of another And joyned with the Adjective Frank in our Lawyers French it
in this signification is it borrowed from the Feudists with whom Investitura signifieth a delivery of possession by a spear or staff and vestura possession it self Hotomon in verbis feudal verbo Investura Vesture of an acre of land anno 14 Ed. prim stat prim is the profit of it anno 13 Edw. 1. cap. 25. VI Vice-treasurer of the Exchequer 1 Jacob. 26. See Under-treasurer of England See Treasurer of the Exchequer View of frank pledge visus Franci plegii is the office which the Sheriff in his County Court or the Bayliffin his Hundred performeth in looking to the Kings peace and seeing that every Free-man be in some pledge This is called of Bracton lib. 2. cap. 5. nu 7. in fine Res quasi saora quia solam personam Regis respicit quod introductus sit pro pace et communi utilitate eodem cap. 16. num 8. in fine See frankpledge and Leet and Deceâ—nier See the new book of Entries verb. view of frankpledge Veiours visores commeth of the French Veoyer i. cernere intueri despicere prospicere videre and signifieth in our Common law those that are sent by the Court to take view of any place in question for the better decision of the right Old nat br fol. 112. So doth Bracton use it lib. 5. tract 3. cap. 8. per totum It signifieth also those that are sent to view such as essoin themselves de malo lecti whether they be in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. et cap. 14. per â—totum Lastly it is used for those that are sent or appointed to view an offence as a man murdered or a Virgin ravished See View Vicario deliberando occasione cujusdam Recoguitionis c. is a writ that lyeth for a spiritual person imprisoned upon forfeiture of a Recognisance without the Kings writ Reg. orig fol. 147. See statuto mercatorio contra personam ecclesiasticam Viois et venellis mundandis is a writ that lyeth for a Maior and Bayliffs of a Town c. For the clean keeping of their streets Regist orig fol. 267. b. View visus commeth of the French veve i. visus aspectus conspectus prospectus and signifieth with us the act of viewers For as the Author of the Terms of Law saith when any action real is brought and the Tenent knoweth not well what land it is that the Defendent asketh then he may pray the view that is to say that he may see the land which is claimed of this Briton speaketh ca. 45. This point of proceeding we have received from the Normans as it appeareth by the Grand customary cap. 66. where you shall read to this effect It is to be known that there be divers sorts of views one of a fee another of a man in sicknesse another of an offence as of a man slain or a Virgin deflowred all which he describeth in that place and again cap. 80 et 96. which are worth the reading this view at this day is used in an Assise of rent service rent charge or rent seck Fitzh nat br fol. 178. D. and in a writ de Curia claudenda Idem fol. 128. B. In a writ of Nusance Idem fol. 183. L. N. O. In a writ Quo jure Idem fol. 128. L. In the writ de rationalibus divisis Idem fol. 129. D. And in the writ de secta ad molendinum Idem fol. 123. B. See the new book of Entries verb. View and see Fleta how this view is made lib. 4. cap. 6. See Veiours Vicechamberlain called underchamberlain anno 13 R. 2. stat 2. cap. 1. is a great Officer in Court next under the Lord Chamberlain and in his absence hath the command and controlement of all Officers superior and inferior whatsoever appertaining to that part of his Majesties houshold which is called the Chamber wherein is included as well the Bed-chamber as the Privy-chamber the Presence and the great Chamber and all other Rooms as Galleries c. thereto belonging with the Councell-chamber Privy Closet c. And in the Lord Chamberlains absence he keepeth his Table in the great Chamber commanding and overseeing the attendance of all to whom it appertainesh to be ready and waiting on his Majesty going to the Chapel or to speak with Ambassadors or else walking or riding forth Vicount alias Viscount vicecomes commeth of the French vicompte i. Procomes and signifieth with us as much as Sheriff Between which two words I find no other difference but that the one commeth from our Conquerors the Normans and the other from our Ancustors the Saxons wherefore see more of this in Shyreeve Vicount also signifieth a degree of Nobility next unto an Earl which as M. Camden Britan. pag. 70. saith is an old name of office but a new one of dignity never heard of amongst us untill Henry the sixth his daies But this degree of honor is more antient far in other Countries Casson in gloria mundi parte 5. consid 55. whom you may read Vicountiel is an Adjective made of Vicountie and signifieth as much as belonging to the Vicount as Writs Vicountial are such Writs as are triable in the County or Sheriffs Court Old nat br fol. 109. Of this kind you may see divers Writs of Nusance set down by Fitzherberi in his Nat. br fol. 184. b. There be also certain ferms called Vicountiels which the Sheriff for his time payeth a certain rent for to the King and maketh what profit he can of them See the Statute anno 33 34 H. 8. cap. 16. anno 2 et 3 Ed. 6. cap. 4. and anno 4 H. quint. capite secund Vi laica removenda is a writ that lyeth for the removing of forcible possession of a benefice kept by lay men And this writ is granted some time upon the Certificate of the Bishop into the Chancery that there is such a force in his Dioces some time upon a surmise made thereof by the Incumbent himself without the Certificate of the Bishop and hath a several form for either case Fitzh nat br fol. 54. Register origin fol. 59. 60. Villanis Regis subtractis reducendis is a writ that lyeth for the bringing back of the Kings bondmen that have been carried away by others out of his Manors whereto they belonged Registor origin folio 87. b. Villein villanus commeth of the French vilain i. illiberalis impurus vilis turpis and signifieth in our Common law a bondman or as much as Servus among the Civilians Of these there be two sorts in England as Sir Thomas Smith saith in his Repub Anglo lib. 3. cap. 8. one termed a villein in grosse which is immediately bound to the persons of his Lord and his heirs the other a villein regardant to a Manor whom the Civilians term glebae aseriptitium being bound to their Lord as members belonging and annexed to such a manor whereof the Lord is owner This division is
lawyers signifying him to whose use any other man is infeoffed in any Lands or Tenements See the new book of entries verbo uses and in Replevin fol. 508. colum 3. verbo Trespas fol. 606. fol. 123. a. b. colum 3. num 7. CH Chafe wax is an Officer in Chauncery that fitteth the wax for the sealing of the Writs such other instruments as are there made to be sent out This Officer is borrowed from the French For there calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chase chacea commeth of the French chasser i. sectari belluas apros cervos It signifieth two things in the Common Law First as much as actus in the Civil law that is a driving of cattel to or from any place as to chase a distress to a fortlet Old nat br fol. 45. Secondly it is used for a receit for Deer and wild beasts of a middle nature between a Forest and a Park being commonly lesse than a Forest and not endued with so many liberties as the Courts of attachment Swain mote and Justice seat and yet of a larger compas and stored with greater diversity both of keepers and wild beasts or game than a park And Crompton in his book of Jurisdictions fol. 148. saith that a Forest cannot be in the hands of a subject but it forth with loseth the name and becommeth a chase and yet fol. 197. he saith that a subject may be lord and owner of a Forest which though it seem a contrariety yet be both his sayings in some sort true For the King may give or alienate a Forest to a subject yet so as when it is once in the subject it leeseth the true property of a Forest because that the Courts called the Justice seat the Swain more and Attachment forthwith do vanish none being able to make a Lord chief Justice in Eyr of the Forest but the King as M. Manwood well sheweth parte 2. of his Forest Lawes cap. 3. 4. And yet it may be granted in so large a manner that there may be Attachment and Swainmote and a Court equivalent to a Justice seat as appeareth by him in the same chapter num 3. So that a Chase differeth from a Forest in this because it may be in the hands of a subject which a Forest in his proper true nature cannot and from a Park in that that it is not inclosed hath not onely a larger compasse and more store of game but of Keepers also and Overseers See Forest Chaleâ—ge calumnia cometh of the French chalenger i. sibâ— asserere is used in the Common law for an exception taken either against persons or things persons as in assise to the Jurors or any one or more of them or in a case of felony by the prisoner at the barre Smith de reâ— Angl. lib. 2. cap. 12. Briton cap. 52. Bracton lib. 2. tract 2. cap. 22. Against things as a declaration Old nat br fol. 76. Chalenge made to the Jurors is either made to the array or to the polles Chalenge to the array is when the whole number is excepted against as partially empaneled chalenge to or by the polle when some one or more are excepted against as not different Terms of the Law Chalenge to the Jurours is also divided into Chalenge principal and Chalenge per cause i. upon cause or reason Challenge principal otherwise by Stawnf pl. cor fol. 157. 158. called peremptorie is that which the Law alloweth without cause alleged or farther examination Lamberd Eirena lib. 4. cap. 14. as a prisoner at the barr arraigned upon felonie may peremptorily chalenge to the number of 20. one after another of the Jurie empaneled upon him alleging no cause but his own dislike and they shall be still put off and new taken in their places But in case of high treason no challenge peremptorie is allowed anno 33 H. 8. cap. 23. Fortescue saith that a prisoner in this case may challenge 35 men c. 27. but that law was abridged by anno 25 H. 8. cap. 3. I cannot here omit to note some difference that in mine opinion I observe between Chalenge principal and Chalenge peremptorie finding peremptorie to be used only in matters criminal and barely without cause alledged more than the prisoners own phantasie Stawnf pl. cor fol. 124. but principal in civil actions for the most part and with naming of some such cause of exception as being found true the law alloweth without farther scanning For example if either party say that one of the Jurors is the son brother cousin or tenent to the other or espoused his daughter this is exception good and strong enough if it be true without farther examination of the parties credit And how far this Chalenge upon children reacheth you have a notable example in Plowden casu Vernon against Manners fol. 425. Also in the plee of the death of a man and in every action real as also every action personal where the debt or dammages amount to 40 marks it is a good Chalenge to any man that he cannot dispend 40 shillings by the year of Free-hold anno 11 H. 7. cap. 21. and Terms of the Law verbo Chalenge The ground of this Chalenge you may see farther in Fleta lib. 4. cap. 8. Chalenge upon reason or cause is when the party doth allege some such exception against one or more of the Jurors as is not forthwith sufficient upon acknowledgement of the truth thereof but rather arbitrable and considerable by the rest of the Jurors as for example if the son of the Juror have married or espoused the daughter of the adverse party Terms of the Law ubi supra This Chalenge per cause seemed to be tearmed by Kitchin chalenge for favour fol. â—2 or rather Chalenge for favour is said there to be one species of Chalenge per cause where you may read what chalenges be commonly accounted principal and what not See the new book of Enteries verbo Chalenge and the Old nat br fol. 158. 159. That this word Chalenge is long sithence latined by the word calumnia appeareth by Bracton lib. 3. tract 2. cap. 18. lib. 4. tract 3. cap. 6. lib. 5. cap. 6. But I doubt Priscian will never forgive him that first strook this blow at him Of Chalenge you may farther read Fleta lib. 1. cap. 32. § Ad quem diem seq Chamberdekins are Irish beggers an 1 H. 5. c. 8. Chamberer is used for a Chamber-maid an 33 H. 8. cap. 21. Chamberlain camerarius vel camberlingus cometh of the French chambellan i. cubicularius vel praefectus cubiculi It is diversly used in our Cbronicles Laws and Statutes as Lord great Chamberlain of England Lord Chamberlain of the Kings house the Kings Chamberlain anno 13 Ed. 1. cap. 41. anno 17 R. 2. cap. 6. to whose office it especially appertaineth to look to the Kings chambers and wardrope and to govern the under ministers
contained generally lands or houses yea or offices wherein we have estate for term of life or in fee. And in this signification Kitchin so 41. maketh frank tenement and base estate opposite the one to the other In the same sort doth Britton use it through his whole 27 Chapter as also Bracton doth the Latin libernm tenementum li. pri ca. 5. 6. and many other places Tenentibus in assist non onerandis c. is is a writ that lyeth for him to whom a disseisor hath alienated the Land whereof he disseised another that he be not molested for the dammages awarded if the Disseisour have wherewith to satisfie them himself Reg. orig fol. 214. b. Tenths Decimae it that yearly portion or tribute which all Livings Ecclesiastical do yeeld to the King For though the Bishop of Rome do originally pretend right unto this revenue by example of the High Priest among the lews who had tenths from the Levites Numb cap. 8. Hieronimus in Ezechielem Yet I read in our Chronicles that these were of en granted to the King by the Pope upon divers occasions sometime for one year som time for more until by the Statute an 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifieth also a task levyed of the temporalty Holinshed H. 2. fol. 111. Tenore indictamenti mittendo is a writ wherehy the Record of an indictment and the processe thereupon is called out of another Court into the Chancery Regist orig fol. 169. a. Tenure Tenura commeth of the Norman Tendure as appeareth by the Grand Custumary cap. 28. where it is defined to this effect Tenure is the manner whereby Tenements are holden of their Lords What may make a Tenure and what not see Perkins Reservations 70. And in that Chapter shall you find the most of those Tenures recited that be now usually â—o England In Scotland I find that there be four manner of Tennres which they call holding of land the first is ura eleemoâ—yna which is proper to spiritual men paying nothing for it but devota animarnm suffragia the second they call Few or Few ferm which holdeth of the King Church Barons or others paying a certain duty called Feuda firma The chird is a hold in Blench as they term it by payment of a peny rose pair of guilt Spurs or some such like thing if it be asked in name of Blench id est nomine albae firmae The fourth is by service of ward and releeve where the Heir being minor is in regad or custody of his Lord together with his lands c. And land holden in this fourth maner is called there feudum de Hauberk or Haubert or seudum militare or feudum Hauberticum or fendum loricatum because it is given upon condition that the vassal possessor thereof shall come to the Host with a Jack or Haubert which is a coat of Mail. M. Skene de verb. signif verbo Haubert Tenure in grosse is the Tenure in Capite For the Crown is called a Seignory in grosse because it consisteth of a corporation of and by it self not tyed to any honor or manor See Cromptons Iurisdict f. 206. See the new book of Entries verbo Tenure Term Termiuus fignifieth with us commonly the bounds and limitation of time as a lease for term of life or term of years Bracton lib. 2. cap. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Iudgement are open to all that list to complain of wrong or to seek their right by course of Law or action The rest of the year is called vacation Of these Terms there be 4 in every year during which matters of Iustice for the most part are dispatched And this Sir Thomas Smith lib. 3. de Rep. Ang. cap. 2. reckoneth as miraculous that in lesse time than the third part of the year three Tribunals all in one City should rectifie the wrongs of so large and populous a Nation as England is Of these Terms one is called Hilarie Term which beginneth the 23 of Ianuary or if that be Sunday the next day following and endeth the 21 of February Another is called Easter term which beginneth 18 dayes after Easter and endeth the Monday next after Ascension day The third is Trinity Term beginning the Friday next after Trinity Sunday and ending the Wednesday fort night after The fourth is Michaelmas Term beginning the 9th of October or if that be Sunday the next day after and ending the 18 of November Termor Tenens ex termino is he that holdeth for term of years or life Kitchin fol. 151. Littleton fol. 100. Tenra extendendae is a writ directed to the Escheator c willing him to inquire and find the true yearly value of any land c. by the oath of twelve men and to certifie the extent into the Chancery c. Register orig fol 293. b. Terris bonts caiallis rehabendis post purgationem is a writ that lye th for a Clerk to recover his lands goods or chatels formerly soised on after he hath cleared himself of that seiony upon suspition whereof he was formerly convicted and delivered to his Ordinary to be purged Register orig fol. 68. b. Terris liberandis is a writ that lyeth for a man convicted by attaint to bring the Record and Processe before the King and to take a fine for his imprisonment and to deliver him his lands and tenements again and to release him of the Scrip and Waste Regist. orig fol. 232. a. It is also a writ for delivery of lands to the heir after homage and relief performed eodem fol. 293. b. or upon security taken that he shall perform them eodem fol. 313. b. Terris catallis tentis ulera debitum levatum is a writ Iudicial for the restoring of lands or goods to a debtour that is distreined above the quantity of the debt Register Iudicial fol. 38. b. Terretenent terratenens is he which hath the natural and actual possesssion of the land which we otherwise call the occupation anno 39 Eliz. ca. 7. For example a Lord of a manour hath a Free-holder who letteth out his free land to another to be occupied this Occupier is called the Terretenent Wist parte 2. symb tit Fines Sect. 137. Cromptons Inrisd fol. 194. Britton cap. 29. Porkins feoffments 231. And Petrus Belluga in sprenlo Principum Repub. 46. versic Restut vidert nu 9. useth this word Terrae tenentee in the same signification See Land tenents Yet I have heard some learâ—ed in the Law say that the Terienent is the tenent in free or copyhold according to the custom of the Manor and opposite to tenent for term of years Quaere Ters is a certain measure of liquid things as wine oyl c. containing the 6th part of a tun an 32. H. 8. c. 14. or the 3d. part of a Pipe Testament Testamentum See Will. Testatum is a writ that seemeth especially to lye