from the Fr. Merci i. misericordia signifies the pecuntary punishment of an offender against the King or other Lord in his Court that is found to be in misericordia i. to have offended and to stand to the mercy of the Lord. There seems to be a difference between Amerciaments and Fines These as they are taken for punishments are punishments certain which grow expresly from some Statute but Amerciaments are arbitrably imposed by Affeerors See Kitchin fol. 78. and 214. Manwood in his first part of Forest Laws pag. 166. makes another difference as if an Amerciament were a more easie or merciful penalty and a Fine more sharp and grievous Take his words If the Pledges for such a Trespass appear by common Summons and not the Defendant himself then the Pledges shall be imprisoned for the Defendants default But otherwise it is if the Defendant himself appear and be ready in Court before the Lord Justice in Eyre to receive his Judgment and to pay his Fine But if such Pledges make default they shall be Amerced but not Fined The Author of the New Terms of Law saith That Amerciament is most properly a Penalty assessed by the Peers or Equals of the Party Amerced for an offence done for which he puts himself upon the mercy of the Lord Who also mentions an Amerciament Royal and defines it to be a pecuniary punishment laid upon a Sheriff Coroner or such like Officer of the King by Justices for some offence Ratcliff Baron of the Exchequer 2 Hen. 7. fol. 7. See Misericordia Amortization amortizatio Fr. amortissement Est praediorum translatio in manum mortuam quod tamen sine venia Principis non fiat Jus amortizationis est privilegium seu licentia capiendi in manum mortuam In the Statute De libertatibus perquirendis Anno 27 Edw. 1. the word Amortisement is used See Mortmain Amortize from the Fr. amortir Is to Alien Lands or Tenements to any Corporation Guild or Fraternity and their Successors which cannot be done without Licence of the King and the Lord of the Mannor Anno 15 Rich. 2. cap. 5. See Mortmain and the Statute of Amortizing Lands made tempore Edw. 1. Amoveas manum See Ouster le Main An jour Waste Annus Dies Vastum Look Year Day and Waste Ancorage ancoragium A duty taken of Ships for the Pool of the Haven where they cast Anchor M. S. Arth. Trevor Ar. For no man can let any Anchor fall on the Kings Ground in any Port without paying therefore to the Kings Officers appointed by Patent Ancestor antecessor Is well known but we make this difference betwixt that and Predecessor the first is applied to a natural person as I. S. Antecessores sui the other to a Body Politick or Corporate Episcopus Winton Predecessores sui Coke on Littl. Lib. 2. cap. 4. Sect. 103. Ancestrel As Homage Ancestrel i. Homage that hath been done or performed by ones Ancestors See Homage Ancient Fr. ancien In Greys-Inn the Society consists of Benchers Ancients Barrasters and Students under the Bar where the Ancients are of the more Ancient Barrasters In the Inns of Chancery there are onely Ancients and Students or Clerks and among the Ancients one is yearly the Principal or Treasurer In the Middle-Temple Ancients are such as are past their Reading and never read Ancient demean or demain vetus Patrimonium Domini Is a certain Tenure whereby all the Mannors belonging to the Crown in the days of Saint Edward or William the Conqueror were held The number and names of which Mannors as of all other belonging to common persons after a Survey made of them he caused to be written in a Book now remaining in the Exchequer and called Dooms-day And those which by that Book appear to have at that time belonged to the Crown and are contained under the Title Terra Regis are called Ancient Demesn Kitchin fol. 98. Of these Tenants there were two sorts one that held their Land frankly by Charter the other by Copy of Court-Roll or by Verge at the Will of the Lord according to the Custom of the Mannor Britton cap. 66. numb 8. The benefit of this Tenure consists in these Points 1. The Tenants holding by Charter cannot be impleaded out of their Mannor or if they be they may abate the Writ by Pleading their Tenure before or after answer made 2. They are free of Toll for all things concerning their Sustenance and Husbandry 3. They may not be empannelled upon any Enquest See more in Fitz. Nat. Br. fol. 14. d. fol. 228 c. By whom it appears these Tenants held originally by Ploughing the Kings Land plashing his Hedges or such like towards the maintenance of his Houshold in which regard they had such Liberties given them wherein to avoid disturbance they may have Writs to such as take the Duties of Toll as likewise for Immunity of Portage Passage or such like No Lands ought to be accounted Ancient Demesn but such as are held in Soccage See Monstraverunt and Demain Ancienty Fr. anciennete i. ancientnes In the Statute of Ireland 14 Hen. 3. is used for Eldership or Seniority As The Eldest Sister can demand no more then her other Sisters but the chief Mease by reason of her Ancienty Andena A swath in Mowing See Dole Annats annates Are all one with First-fruits Anno 25 Hen. 8. cap. 20. The reason is because the rate of First-fruits paid of Spiritual Livings is after one years profit Annates more suo appellant primos fructus unius anni sacerdotii vacantis aut dimidiam eorum partem says Polydor Virgil de Inven. rerum lib. 8. cap. 2. Note Annates Primitiae and First-fruits are all one Cokes 12. Rep. fol. 45. See First-fruits Anniented from the Fr. aneantir i. To make void signifies as much as frustrated or brought to nothing Littleton lib. 3. cap. Warranty Anniversary days dies anniversarii Were of old those days wherein the Martyrdoms or Deaths of Saints were celebrated yearly in the Church or the days whereon at every years end Men were wont to pray for the Souls of their deceased Friends according to the continued custom of Roman Catholicks mentioned in the Statute 1 Edw. 6. cap. 14. and 12 Car. 2. cap. 13. This was in use among our ancient Saxons as you may see in Lib. Rames Sect. 134. Annua pensione Is a Writ now difused whereby the King having an Annual Pension due to Him from an Abbor or Prior for any of His Chaplains whom He should think good to nominate being as yet unprovided of suffiliving demands the same of the said Abbot or Prior and also wills him for His Chaplains better assurance to give him His Letters Patent for the same Register of Writs fol. 265 307. And Fitz. Nat. Br. fol. 231. Where you may see the names of all the Abbeys and Priories bound to this in respect of their Foundation or Creation Anno Domini Is the computation of time from the
lx fol. Et inde producit sectam c. praedictus Johannes venit c. Et non dedicit Conventionem praedictam Et quia videtur Curiae quod tale placitum non jacet inter Christianos Ideo partes praedicti adjournantur usque in infernum ad audiendum judicium suum utraque paâ—s in misericordia c. Conventione Is a Writ that lies for the breach of any Covenant in writing Reg. of Writs fol. 185. Old Nat. Br. fol. 101. Fitz. Nat. Br. fol. 145. calls it a Writ of Covenant who divides Covenants into personal and real making a discourse of both as also how this Writ lies for both Conventuals Are those Religious Men who are united together in a Convent or Religious House See Frier Observant Conventual Church See Parish Convict Convictus Is he that is found guilty of an Oâ—fence by Verdict of a Jury Stamf. Pl. Cor. fol. 186. yet Crompton out of Judge Dyers Commentaries 275 saith That Conviction is either when a Man is outlawed or appears and confesseth or else is found guilty by the Inquest Cromp. Jusâ— of Peace fol. 9. Conviction and Attainder are often confounded See Attaint and Attainted A Convict Recusant Is one that hath been legally presented indicted and convicâ— for refusing to come to Church to hear the Common-Prayer according to the Statutes 1 Eliz. 2. 23 Eliz. 1 and 3 Jac. 4. And these are commonly understood to be Popish Recusants though any others that refuse to come to Church for the purpose aforesaid may as properly be called Recusants See Juâ—y Convocation Convocatio Is the Assembly of all the Clergy to consult of Ecclesiastical Matters in time of Parliament And as there are Two Houses of Parliament so are there Two Houses of Convocation the one called the Higher Convocation House where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation House where all the rest of the Clergy sit Anno. 25 Hen. 8. cap. 19. See Proloâ—utor Conusance See Cognisance Conusant Fr. Cognoissant Knowing understanding apprehending If the son be Conusant and agrees to the Fe 〈…〉 ment c. Coke on Littl. fol. 159. b. Conusor See Cognizor Coopertura A Thicket or Covert of Wood. Carta de Foresta cap. 12. Caâ—â—â—ceners Farticipâ—s Otherwise called Parceners are such as have equal portion in the inheritance of their Ancestor Littleton lib. 3. says Paroenors are either by Law or by Custom Parcenors by Law are the issue Female which in default of Heir-male come in equality to the Lands of their A 〈…〉 Bractoâ— lib. 2. cap. 30. Parceâ—â—rs by Custâ—â— are those who by custom of the Country challenge equal part in such Lands as in Kent by â—â—volkind Of these you may read more at large in Littl. lib. 3. cap. 1. 2. and Brittan cap. 27. The Crown of England is not subject to Coparcinery Anno 25 Hen. 8. cap. 22. Cope Is a Custom or Tribute due to the King or Lord of the Soil out of the Lead-Mines in the Wapentake of Wirksworth in Com. Derby of which thus Mr. Manlove in his Treatise of those Liberties and Customs Printed 1653. Egress and Regress to the Kings High-way The Miners have and Lot and Cope they pay The Thirteenth Dish of Oar within their Mine To the Lord for Lot they pay at Measuring time Six pence a Load for Cope the Lord demands And that is paid to the Berghmasters hands c. Copia libelli deliberanda Is a Writ that lies in Case where a Man cannot get the Copy of a Libel at the hands of the Judge Ecclefiastical Reg. of Writs fol. 51. Copihold Tenura per Copiam Rotuli Curiae Is a Tenure for which the Tenant hath nothing to shew but the Copy of the Rolls made by the Steward of his Lords Court For as the Steward enrols and makes Remembrances of all other things done in the Lords Court so he does also of such Tenants as are admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant keeps as his onely evidence Coke lib. 4. fol. 25. b. This is called a Base Tenure because it holds at the Will of the Lord. Kitchin fol. 80. cap. Copiholds Fitzh Nat. Br. fol. 12. says It was wont to be called Tenure in Villenage and that Copihold is but a new name and yet it is not simply at the Will of the Lord but according to the Custom of the Mannor So that if a Copiholder break not the Custom of the Mannor and thereby forfeit his Tenure he seems not so much to stand at the Lords curtesie for his right that he may be displaced at his pleasure These Customs are infinite varying in one point or other almost in every several Mannor Copiholders do upon their Admittances pay a Fine to the Lord of the Mannor of whom the Lands are holden which Fines are in some Mannors certain in others incertain Those which are incertain the Lord rates at what Fine he pleaseth but if it exceeds two years value the Courts of Chancery Kings Bench Common Pleas or Exchequer have in their several Jurisdictions power to reduce the Fine unto two years value Copiholds are a kinde of Inheritance and called in many places Customary because the Tenant dying and the hold being void the next of the Blood paying the Customary Fine as Two shillings for an Acre or such like may not be denied his admission Secondly some Copiholders have by Custom the Wood growing upon their own Land which by Law they could not have Thirdly Others hold by the Verge in ancient Demesns and though they hold by Copy yet are they in account a kinde of Freeholder for if such a one commit Felony the King hath Annum diem vastum as in case of Freehold some others hold by Common Tenure called Meer Copihold whose Land upon Felony committed Escheats to the Lord of the Mannor Kitchin fol. 81. Cha. Tenants per Verge in ancient Demesn This is the Land which in the Saxons time was called Folkland West Par. 1. Symbol lib. 2. sect 646. says A Copiholder is he who is admitted Tenant of any Lands or Tenements within a Mannor which time out of minde by the use and custom thereof have been Demisable to such as will take the same by Copy of Court-Roll according to the custom of the said Mannor c. Where you may read more on this subject see Freebench Coram non judice In a Cause whereof they the Judges have not any Jurisdiction and then it is Coram non judice 2 Part. Croke fol. 351. Powels Case Coraage Coraagium Is a kinde of Imposition extraordinary growing upon some unusual occasion and it seems to be of certain Measures of Corn. For Corus tritici is a Measure of Corn. Bracton lib. 2. cap. 116. num 6. Who in the same Chapter num 8. hath these words Sunt etiam quaedam communes praestationes quae
on the Fence and as many Trees or Poles as he can reach from the top of the Ditch with the Helve of his Ax towards the repair of his Fence I have heard the late Chief Justice Bramston whilest he was a Practiser and Steward of this Court did acknowledge he could not finde out the reason why these Fences were called Frampole fram in Saxon signifies from which seems to make out the etimology or it may come from the Sax. Fremful profitable Franchise Fr. Is sometimes taken for a priviledge or exemption from Ordinary Jurisdiction and sometimes an immunity from tribute It is either Personal or Real Cromp. 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 Cheif or a Member In what particular things Franchises commonly consist see Britton cap. 19. Franchise Royal Anno 15 Rich. 2. cap. 4. and 2 Hon. 5. cap. 7. in Fine Seems to be that where the Kings Writ runs not as Chester and Durham which are called Seignories Royal Anno 28 Hen. 6. cap. 4. And formerly Tyndall and Examshire in Northumberland 2 Hen. 5. cap. 5. Franchise Royal according to another Author is where the King grants to one and his heirs that they shall be quit of Toll or such like See Franchise in the New Book of Entries and Bracton lib. 2. cap. 5. See Sac. Francigena See Engleceric Francling Qui liberè tenet A Freeholder Vide Fortescu de LL. Angl. cap. 29. Frank-almoin Fr. Franc-ausmone Is a Tenure or Title of Lands or Tenements bestowed upon God that is given to such people as devote themselves to the Service of God in pure and perpetual Alms whence the Feoffors or Givers cannot demand any terresti-Service so long as the Lands remain in the hands of the Feoffees Grand Custumary of Norm cap. 32. Of this you may read Bracton at large lib. 2. cap. 5. 10. and Fitz. Nat. Br. fol. 211. New Book of Entries verbo Frankalmoin But Britton cap. 66. num 5. makes another kinde of this Land which is given in Alms but not free Alms because the Tenants in this are tied in certain Services to the Feoffor Frank-bank See Freebench Frank-chase Fr. Is a liberty of Free chase whereby all Men having ground within that compass are prohibited to cut down Wood c. Without the view of the Forester though it be his own Demesn Cromp. Jurisd fol. 187. Frank-fée Feudum 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 Ancient Demesn of the Crown viz. the Demesns is called Frank-fee and that in the Tenants hands is ancient Demesns onely See Reg. of Writs fol. 12. a. which says that is Frank-fee which a Man holds at the Common Law to him and his Heirs and not by such Service as is required in Ancient Demesn according to the custom of the Mannor And that the Lands which were said to be in the hands of King Edward the Confessor at the making of Domesday Book is Ancient Demesn and all the rest Frank-fee wherewith Fitzherbert agrees Nat. Br. fol. 161. So that all the Lands in the Realm by this Rule are either Ancient Demesn or Frank-fee Another defines Frank-fee to be a Tenure in Fee-simple of Lands pleadable at the Common Law and not in Ancient Demesn Feudum francum est pro quo nullum servitium praestatur Domino says Fachineus lib. 7. cap. 39. Frank-ferm Firma Libera Is Land or Tenement wherein the nature of Fee is changed by Feosment out of Knights-service for certain yearly services and whence neither Homage Wardship Marriage nor Relief may be demanded nor any other Service not contained in the Feofment Britton cap. 66. num 3. See Fee-farm Frankfold Is where the Lord hath the benefit or folding his Tenants Sheep within his Mannor for the Manuring his Land Keil Rep. fol. 198. a. Quod vassallis olim Usufructuariis denegatum Maneriorum praediorum Dominis solum competebat says Mr. Somner It is compounded of the Fr. Franc i. free and the Sax. fald i. a Fold See Faldage Frank-Law Libera Lex Is the benefit of the Free and Common Law of the Land He that for any offence as Conspiracy c. loseth his Franc-Law is said to fall into these mischeifs first That he may never be empanell'd upon any Jury or Assise or otherwise used in testifying any truth Next if he have any thing to do in the Kings Court he must not approach it in person but appoint his Atturney Thirdly his Lands Goods and Chattels must be seised into the Kings hands and his Lands must be Estreaped his Trees rooted up and his Body committed to prison Thus Crompton in his Just of Peace fol. 156. Who cites the Book of Assises fol. 59. See Conspiracy Frank-marriage Liberum Maritagium Is a Tenure in Tail-special growing from these words in the gift Sciant c. me T. B. de O. dedisse concessisse presenti Charta mea confirmasse A. B. filio meo Mariae uxori ejus filiae verae C. D. in liberum maritagium unum Messuagium c. West par 1. Symbol lib. 2. sect 303. The effect of which words is That they shall have the Land to them and the heirs of their Bodies and shall do Fealty to the Donor until the fourth degree Glanvile lib. 7. cap. 18. and Bracton lib. 2. cap. 7. num 4. where he divides Maritagium in liberum servitio obligatum See Marriage Fleta gives this reason why the heirs do no service until the fourth degree Ne Donatores vel corum haercdes per homagii receptionem a reversione repellantur And why in the fourth descent and downward they shall do service to the Donor Quia in quarto gradu vehementer praesumitur quod terra non est pro defectu haeredum Donatoriorum reversura lib. 3. cap. 11. Frank-pledge from the Fr. Frank i. Liber Pleige i. Fidejussor Signifies a Pledge or Surety for Freemen The ancient custom of England for preservation of the Publick Peace was that every free-born Man at fourteen years of age Religious persons Clerks Knights and their eldest Sons excepted should finde Surety for his Truth towards the King and his Subjects or else be kept in Prison whereupon a certain number of Neighbors became customably bound one for another to see each Man of their Pledge forth coming at all times or to answer the Transgression committed by any gone away So that whoever offended it was forthwith enquired in what Pledge he was and then those of that Pledge either brought him forth within thirty one days to his answer or satisfied for his offence This was called Frank-pledge and the circuit thereof Decenna because it commonly consisted of ten housholds and every particular person thus mutually bound for himself and his Neighbors was called Decennier because he was of one Decenna or other This
most part not required Knight Marshal Mareschallus Hospitii Regis Is an Officer of the Kings House having jurisdiction and cognizance of any transgression within the Kings House and verge of it as also of contracts made within the same house whereto one of the House is a party Reg. of Writs fo 185. a. and 191 b. and Spelmans Glossar in voce Marescallus Knight-service servitium militare Was a tenure whereby several Lands in this Nation were held of the King which drew after it Homage and Service in Warr Escuage Ward Marriage c. but is taken away by Stat. 12 Car. 2. ca. 24. In Domesday book some Land holden by Knights service is called Tainland and land holden by Soccage Reveland fo 86. a. Knights fee Feodum militare Is so much inheritance as is sufficient yearly to maintain a Knight with convenient Revenue which in Henry the Thirds dayes was 15 l. Cam. Brittan pa. 111. But Sir Thomas Smith in his Repub. Angl. lib. 1. ca. 18. rates it at 40 l. And by the Stat. for Knights 1 Ed. 2. ca. 1. such as had 20 l. per Ann. in Fee or for life might be compelled to be Knights which Stat. is Repealed by 17 Car. 1. ca. 20. Stow in his Annals pa. 285 says There were found in England at the time of the Conquerour 60211 Knights Fees according to others 60215 whereof the Religious Houses before their Suppression were possessed of 28015. Unde octo Carucatae terrae faciunt feodum unius militis Mon. Angl. 2 p. fo 825. a. Of this you may read more in Seldens Titles of Honor fo 691. and Bracton lib. 5. Tract 1. ca. 2. See Coke on Litt. fo 69. a. A Knights Fee contained 12 Plow-lands 2 Part Inst fo 596. or 680 Acres Knighten-gyld Was a Gyld in London consisting of 19 Knights which King Edgar founded giving them a portion of void ground lying without the Walls of the City now called Portsoken-ward Stowes Annals pa. 151. This in Mon. Angl. 2. p. fo 82. a. is written Cnittenegild Kyddiers Anno 13 Eliz. ca. 25. See Kidder Kylyw Et sint quieti de pastu Kylyw omnibus aliis exactionibus quas Forestarii alii Balivi solent exigere Mon. Angl. 1 Par. fo 722. b. Perhaps it might signifie some kind of Pottage for Kele in the North is still used for Pottage L. LAborariis Is a Writ that lies against such as having not whereof to live do refuse to serve or against him that refuseth to serve in Summer where he served in Winter Reg. of Writs fo 189. b. Laches Fr. Lache i. Frigidus Ignavus Signifies slackness or negligence As no Laches shall be adjudged in the Heir within age Litt. fo 136. and Old Nat. Br. fo 110. Where a Man ought to make or do a thing and he makes or does it not I of his Laches cannot have an Assise but must take an Action on the Case See Coke on Litt. fo 246. and 380. b. Lafordswick Sax. Hlaford Dominus swic Proditio Infidelitas erga Dominum A betraying ones Lord or Master In the Lawes of Hen. 1. ca. 13. Quaedam Placita emendari i. Quaedam crimina expiari non possunt Husbrech Bernet Openthefe Eberemorth Lafordswick Which word is also found in Canutus Laws ca. 61. and in some Authors corruptly written Labordfith Laga Sax. Lag Law Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit says Magna Charta Hence Seaxenlage Mercenlage Danelage c. Lageman or Lahman Lagamannus Homo legalis seu legitimus Such as we call now Good men of the Jury I find the word in Domesday and in the Lawes of Edward the Confessor ca. 38. thus Postea inquisisset Justitia per Lagamannos per meliores homines de Burgo c. Lagen Lagena Fleta lib. 2. ca. 8 9. In ancient time it was a Measure of six Sextarii Hence perhaps our Flagen Donatio insuper de sex Lagenis olei annuatim Carta 2 Ed. 3. m. 25. n. 82. See Minstrel Lagon From the Sax. Legan Liggan i. Jacere Is that which lies in the bottom of the Sea See Flotson Lahsâ—it Lagsâ—ite Laghsâ—ite Sax. Lag Lex flite Ruptio The breaking or transgressing the Law and sometimes the punishment for breaking a Law Si quis Dei rectitudines per vim teneat solvat Lahsâ—ite cum dacis plenam Wytam cum Anglis Leg. Hen. 1. ca. 13. Lairwite Lecherwite Legergeldum A Sax. Lagan seu Laegan Concumbere site Mulcta A Fine or Custom of Punishing Offenders in Adultery and Fornication which priviledge did anciently belong to the Lords of some Mannors in reference to their Villains and Tenants which Fleta lib. 1. ca. 47. seems to infer See 4 Inst fo 206. Lammas-day Anno 23 Hen. 8. ca. 4. Is the first of August and so called quasi Lamb-Mass on which day the Tenants that held Lands of the Cathedral-Church of York which is dedicated to St. Peter ad Vincula Were bound by their Tenure to bring a live Lamb into the Church at High-Mass on that day See Gule of August Landa A Laren or open Field without wood Robertus Comes Legrecestriae Radulpho Pincernae omnibus Baronibus fidelibus suis salutem Sciatis me dedisse servo dei Malgero Monacho in Eleemosina parvam Landam quae est inter Lunbreodam Coptieleiam ad Mansiones oratorium ibidem faciend Testibus c. Sine dat Landboc a Sax. Land i. Terra boc Liber A Charter or Deed whereby Lands or Tenements are held or given Ut praefata Abbatissa praenominatam terram scil centum Manentium cum libris quos Angli dicunt Landboc in perpetuam haereditatem traderet Concil Synodale apud Clovesho Anno Dom. 822. Sic Anglo-Saxones Chartas Instrumenta nuncuparunt praediorum cessiones jura firmitates continentia Spel. Landegandman Was one of the inferior Tenants of a Mannor Custumariorum genus seu inferiorum tenentium Manerii says the learned Spelman who adds Occurrit vox in Customar de Hecham Landcheap Sax. Land-cear from Cearan to buy and sell A certain ancient customary Fine paid either in Mony or Cattel at every alienation of land lying within some Mannor or within the liberty of some Borough As at Maldon in Essex there is yet a Custom claim'd by the same name viz. that for certain Houses and Lands sold within that Borough xiii d. in every Mark of the Putchase-Money shall be paid to the Town which Custom of Landcheap is claimed by a Grant inter al. made to that Town by the Bishop of London Anno 5 Hen. 4. The word is also found in Spel. de Concil Vol. 1. fo 502. Somner in his Sax. Dict. says Landceap fortasse precium fundi pacto datum â—el debitum Landgable Sax. Land-gafel Terrae census vel redditus A Tax or Rent issuing out of Land Domesday Census praedialis vel tributum quod a praediis colligitur
Statute forfeited to him Tenant in Franc-marriage Idem fol. 158. that holds Land by vertue of a Gift thereof made to him upon marriage Tenant by the Curtesie that holds for his life by reason of a Childe born alive and begotten by him of his Wife being an Inheritrix Tenant per Elegit that holds by vertue of the Writ Elegit Tenant in Morgage that holds by vertue of a Morgage Tenant by the Verge in Ancient Demesn Kitchin fol. 81. is he that is admitted by the Rad in a Court of Ancient Demesn Tenant by Copy of Court Roll is one admitted Tenant of any Lands c. within a Mannor which time out of minde have been demisable according to the Custom of the Mannor West Par. 1. symbol lib. 2. sect 646. Tenant by Charter is he that holds by Feoffment or other Deed in Writing Very Tenant that holds immediately of his Lord for if there be Lord Mâ—sn and Tenant the Tenant is Very Tenant to the Mesn and not to the Lord above Kitchin fol. 99. Tenant Paravail see Paravail Joynt-tenants that have equal Right in Lands by vertue of one Title Littl. lib. 3. cap. 3. Tenants in Common that have equal right but hold by divers Titles Particular Tenant Stamf. Praerog fol. 13. is he who holds onely for his term See Coke in Sir Will. Pelhams Case Lib. 1. fol. 15. called also Termor for Life or Years See Plowden Casu Colthirst fol. 23. b. Sole Tenant Kitchin fol. 134. he that hath no other joyned with him Several Tenant is opposit to Joynt-tenant or Tenant in Common Tenant al Praecipe is he against whom the Writ Praecipe is brought Coke lib. 3. Case of Fines fol. 88. Tenant in Demesn Anno 13 Edw. 1. cap. 9 is he that holds the Demesns of a Mannor for a Rent without Service Tenant in Service An. 20 Edw. 1. stat 1. is he that holds by Service See Britton cap. 39 96. Tenant by Execution Anno 32 Hen. 8. cap. 5. is he that holds Land by vertue of an Execution upon any Statute Recoguizance c. Tenant in Fee-simple Kitchin fol. 150. Tenant in Fee-tail Tenant at the Will of the Lord according to the Custom of the Mannor Tenant at Will by the Common Law Idem fol. 165. Tenant upon Sufferance Tenant of Estate of Inheritance Stamf. Praerog fol. 6. Tenant in Burgage Tenant in Soccage Tenant in Franck-fee c. with divers others Tenement Tenementum Signifies most properly a House or Homestal but in a larger sence it is taken either for House or Land that a Man holds of another and joyned with the Adjective Frank it contains generally Lands Houses or Offices wherein we have Estate for Life or in Fee For Kitchin fol. 41. makes Frank-tenement and base Estate opposit and in the same sense Britton uses it Chap. 27. Tenheved Sax. tienheofed i. Decem habens capita Decanus Decemvir caput vel princeps Decaniae sive decuriae LL. Edw. Confess cap. 29. Statuerunt Justiciarios super quosqne decem friborgos quos Decanos possumus appellare Anglice vero tienheofod dicti sunt Tenentibus in Assisa non onerandis c. Is a Writ that lies for him to whom a Disseisor hath alienated the Land whereof he disseised another that he be not molested for the damages Awarded if the Disseisor have wherewith to satisfie them himself Reg. of Writs fol. 214. b. Tenmantale Sax. tienmantale i. Sermo decem hominum vel decemvirorum numerus Decuria Tithinga LL. Edw. Conf. cap. 20. Et sint quieti de Geldis Danegeldis Themanatale Concelationibus Scottis c. Cart. 29 Edw. 1. n. 25. Abbat de Thornton See Friburgh Tenore indictamenti mittendo Is a Writ whereby the Record of an Inditement and the Process thereupon is call'd out of another Court into the Chancery Reg. of Writs fo 169. a. Tenths Decimae Is that yearly portion or Tribute which all Livings Ecclesiastical yield to the King For though the Bishop of Rome does originally pretend right to this Revenue by example of the High-Priest among the Jews who had Tenths from the Levites Numb ca. 8. Hieron in Ezech. yet we read in our Chronicles that these were often granted to the King by the Pope upon divers occasions sometimes for one year sometimes for more until by the Statute 26 Hen. 8. ca. 3. they were annexed perpetually to the Crown See Disms It signifies also a Tax levied of the Temporalty 4 Inst fo 34. Tentor A stretcher tryer or prover which Dyers and Clothiers used Anno 1 Rich. 3. ca. 8. But prohibited by the Stat. 39 Eliz. ca. 20. Tenure Tenura Is the manner whereby Tenants hold Lands and Tenements of their Lords What makes a Tenure and what not see Perkins Reservations 70 where you shall find most of those Tenures recited which are now in England See Cromptons Jurisd fo 200. New Book of Entries verbo Tenure Mr. Fabian Philips Book entituled Tenenda non Tollenda and the Stat. 12 Car. 2. ca. 24. The Family of Barnhams hold the Mannor of Nether Bilsington in the County of Kent by this tenure to carry the last Dish of the second Course to the Kings Table at His Coronation and presenting Him with three Maple-cups which was performed at the Coronation of King Charles the Second Term Terminus Signifies commonly the bounds and limitation of time as a Lease for term of Life or Years Bracton lib. 2. ca. 6. nu 4. But most notoriously it is used for that time wherein the Tribunals or places of Judgment are open for all that list to complain of wrong or to seek their right by course of Law or Action The rest of the year is called Vacation Of these Terms there are four in every year during which time matters of Justice are dispatch'd One is Hillary Term which begins the 23d of January or if that be Sunday the next day following and ends the twelfth of February The next is Easter Term which begins the Wednesday fortnight after Easter-day and ends the Munday next after Ascension-day The third is Trinity Term beginning the Friday next after Trinity-Sunday and ending the Wednesday Fortnight after The fourth is Michaelmas-Term which anciently began the ninth of October but by Stat. 17 Car. 1 ca. 6. contracted to the 23d of October and ending the 28th of November Termini apud nos dicuntur câ—rtae anni portiones agendis litibus designatae See Spel de origine ratione Terminorum forensium Termonland Seems to be the Gleab-land or Land of the Church anciently so called Termor Tenens ex termino Is he that holds for term of years or life Kitchin fo 151. Litt. fo 100. Terra Giliforata Land held by the Tenure of paying a Gilly-flowre MS. Terra extendenda Is a Writ directed to the Escheator c. willing him to enquire and find out the true yearly value of any Land c. by the Oath of twelve Men and to certifie the Extent into the Chancery
Is a Writ lying for Cattle in Withernam Reg. of Writs fol. 82. 83. See Withernam Capias in Withernamium de Homine Is a Writ that lies for a Servant in Withernam Reg. fol. 79. 80. See Withernam Capias conductos ad proficiscendum Is an Original Writ which lies by the Common Law against any Soldier that hath covenanted to serve the King in his War and appears not at the time and place appointed directed to two of the Kings Serjeants at Arms to arrest and take him wheresoever he may be found and to bring him Coram Consilio nostro with a Clause of Assistance 4 Inst fol. 128. Capite from Caput i. Rex unde tenere in Capite i. Tenere de Rege omnium terrarum Capite Was a Tenure which held of the King immediately as of his Crown were it by Knights Service or Soccage Broke tit Tenures 46 94. Dyer fol. 123. num 38. But by Stat. 12 Car. 2. cap. 24. all Tenures by Knights Service of the King or of any other person Knights Service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof are taken away and discharged from 24 Febr 1645. And all Tenures of all Mannors Lands c. held either of the King or of any other person from that time shall be construed and taken for ever to be turned into free and common Soccage And all Tenures hereafter to be created by the King upon any Gifts or Grants of Mannors Lands c. are by that Statute ordained to be in free and common Soccage onely and not by Knights Service or in Capite and are to be discharged of all Wardship c. Caption Captio When a Commission is executed and the Commissioners names subscribed to a Certificate declaring when and where the Commission was executed that is called the Caption which commonly begins thus Virtute istius Commissionis nos c. Or Executio istius Commissionis patet in quadam Schedula annexata c Capture Captura The taking a prey a little gain an Arrest or Seisure Anno 14 Car. 2. cap. 14. Caput Baroniae Is the Castle or cheif Seat of a Nobleman which is not to be divided among Daughters if there be no Son but must descend to the eldest Daughter Caeteris filiabus aliundè satisfactis Carecta Carectata Sax. Cret unde Cart A Cart or Cart-load Facient precarias de Caruca Carecta i. De aratro carro Custumar Prior. Lewes M. S. Quinque Carectatas clausturae ad praedictae terrae clausturam sustinendam Mon. Angl. 2. par fol. 340. a. Caretarius A Carter Sciant quod ago Herewardus Pril Dedi In liberam puram perpetuam Eleemosinam Deo Altari B. Mariae in Conventuali Ecclesia Leominstr xii d annui reditus provenientes de quodam Mesuagio in Marisco quod fuit Ricardi Caretarii c. sine Dat. Ex libro Cart. Priorat Leominstr See Carreta Cark Is a quantity of Wool thirty whereof make a Sarpler Anno 27 Hen. 6. cap. 2. See Sarpler Carno Seems to signifie an immunity or priviledge Cromp. Jurisd fol. 191. Prior de Melton se homines suos immunes clamat ab omnibus Amerciamentis in Foresta ab omnibus Geldis Footgeldis Buckstals Tritis Carno Sumag c. Itin. Pick. fol. 168. b. Quaere Carpemeals A course kinde of Cloth made in the North of England and mentioned Anno 7 Jac. cap. 16. Carreta alià s Carrecta Was anciently used for a Carriage Wain or Cart-load Sciant praesentes futuri quod ego Henricus de Ribesford Dedi Rogero filio Ade Pistonis pro Homagio Servicio suo totum pratum meum de Wiggemore Reddend inde annuatim mibi haeredibus meis ipse haredes sui unam Carretam soeni rationabilem bene foenatam c. Sine dat Penes Tho. Bridgwater gen Carrick or Carrack Carrucha A Ship of great burden so called of the Italian word Carico or Carco a burden or charge Mentioned 2 Rich. 2. cap. 4. Cartel See Chartel Carucage Carucagium As Hidage was a Taxation by Hides of Land so Carucage was by Carucata s of Land Dederunt S. Edmundo de qualibet Carucata terrae in toto Episcopatu quatuor Denarios annuos quod usque modo ea de causa Carucagium est appellatum Mon. Angl 1 par fol. 294. a. Carrucate or Carve of Land Carrucata terrae of the Fr. Charrue i. aratrum Is a certain quantity of Land by which the Subjects have sometimes been taxed whereupon the Tribute so levied was called Carvagium Bracton lib. 2. cap. 26. num 8. Carucata tâ—rrae A Plough Land may contain Houses Mills Pasture Meadow Wood c. Coke on Littl. Sect. 119. Carrucata is sometimes also used for a Cart-load Una Carrucata ligni in Foresta nostra quae appellatur defensa Mon. Angl. 2. par fol. 311. a. Littleton cap. Tenure in Soccage saith that Soca idem est quod Caruca a Soke or Plough-Land are all one Yet Stow in his Annals pag. 271. says The same King Henry took Carvage that is two Marks of Silver of every Knights Fee towards the Marriage of His Sister Isabel to the Emperor Where Carvage cannot be taken for a Plough-Land except there were some other farther division whereby to raise of every Plough-Land so much and so consequently of every Knights Fee that is of every 680 Acres two Marks of Siver Rastal in his Exposition of Words says Carvage is to be quit if the King shall tax all the Land by Carves that is a priviledge whereby a Man is exempted from Carvage Skene says it contains as great a Portion of Land as may be labored and tilled in a year and day by one Plough which also is called Hilda or Hida terrae a word used in the old British Laws Lamb. in the end of his Eirenarcha translates Carrucatam terrae a Plough-Land The word Carve is mentioned in the Statutes of Wards and Relief made 28 Edw. 1. And in Magna Char. cap. 5. Anno 1200 facta est Pax inter Johannem Regem Angliae P. Regem Franciae c. Et mutuavit Regi Franciae 30 millia Marcarum pro quibus collectum est Carvagium in Anglia scil iii s. pro quolibet aratro Ex Registro Priorat â—e Dunstaple in Bibl. Cotton See Coke on Littl. fol. 69. a. Cassatum Cassata Habitaculum cum terra idonea ad unam familiam alendam alias Casamentum Saxonibus nostris ride Bedâ Familia Ego Forterus famulus famulorum Dei pro redemptione animae meae unum Cassatum dedi Aldberto Abbati quae sita est juxta fluvium Aesee ad portam quae dicitur Bledenithe ad insulam parvam ad Ecclesiam beati Martini Confessoris in propriam substantiam Habendum Donandumque cuicunque voluerit Qui hanc cartam infringere temptaverit sciat seipsum a Communione Sanctorum separatum ab omnipotenti Deo + Ego Forterus
a Liberty that the Tenants of one Lord in one Town have to Common with the Tenants of another Lord in another Town Those that challenge this kinde of Common which is usually called Intercommoning may not put their Cattel into the Common of the other Town for then they are distrainable but turning them into their own Field if they stray into the Neighbor Common they must be suffered provided they do not surcharge either Common Common of Pasture the Civilians call Jus compascendi Common Bench Bancus Communis from the Sax. banc i. A Bank or Hillock and metaphorically a Bench High Seat or Tribunal The Court of Common Pleas was anciently so called Anno 2 Edw. 3. cap. 11. because saith Camden in his Britan pag. 113. Communia Placita inter subditos ex jure nostro quod Commune vocant in hoc disceptantur that is the Pleas or Controversies between common persons are there tryed And the Justices of that Court in Legal Records are termed Justiciarii de Banco Coke on Littl. fol. 71. b. See Common Pleas. Common Fine Finis Communis Is a certain sum of Money which the Resiants within the view of some Leets pay to the Lord thereof called in divers places Head-silver in others Cert-money or Certum Leta and Head-pence and was first granted to the Lord towards the charge of his purchase of the Court Leet whereby the Resiants had now the ease to do their Suit-Royal neerer home and not be compelled to go to the Sheriffs Turn As in the Mannor of Sheapshead in Com. Leic. every Resiant pays 1 d per Poll to the Lord at the Court held after Michaelmas which is there called Common Fine There is also Common Fine of the County for which see Fleta lib. 7. cap. 48. and the Statute of 3 Edw. 1. cap. 18. But the Clerk of the Market shall take no Common Fine Anno 13 Rich. 2. cap. 4. For Common Fine the Lord cannot distrain without a prescription Godfreys Case in Sir Edw. Cokes 11 Report Common Pleas Communia Placita Is the Kings Court now constantly held in Westminster Hall but in ancient time moveable as appears by Magna Charta cap. 11. 2 Edw. 3. cap. 11. and Pupilla oculi Parte 5. cap. 22. But Gwin in the Preface to his Readings saith That until Henry the Third granted the Great Charter there were but two Courts in all called the Kings Courts viz. The Exchequer and the Kings Bench which was then called Curia Domini Regis and Aula Regis because it followed the Court or King and that upon the Grant of that Charter the Court of Common Pleas was erected and setled in one place certain viz. Westminster Hall amd therefore after that all the Writs ran Quod sit coram Justiciariis meis apud Westm whereas before the party was commanded by them to appear Coram me vel Justiciariis meis simply without addition of place as he well observes out of Glanvile and Bracton the one writing in Henry the Second's time before this Court was erected the other in the later end of Henry the Third's time who erected this Court. All Civil Causes both Real and Personal are or were in former times tryed in this Court according to the strict Law of the Realm and by Fortescu cap. 50. it seems to have been the onely Court for Real Causes The Cheif Justice thereof is called the Lord Cheif Justice of the Common Pleas accompanied with three or four Judges Assistants or Associats who are created by Letters Patent and as it were enstalled or placed on the Common Bench by the Lord Chancellor and Lord Chief Justice of the Court as appears by Fortescu cap. 51. who expresseth all the circumstances thereof The rest of the Officers belonging to this Court are The Custos Brevium three Prothonotaries otherwise called Prenotaries Chirographer 14 Filazers 4 Exigenters Clerk of the Warrants Clerk of the Juries or Jurata Writs Clerk of the Treasury Clerk of the Kings Silver Clerk of the Essoyns Clerk of the Outlaries Clerk of the Errors Whose distinct Functions read in their places See Common Bench and 4 Inst fol. 99. Common Day in Plea of Land Anno 13 Rich. 2. Stat. 1. cap. 17. Signifies an Ordinary day in Court as Octabis Hillarii Quindena Pasche c. Which you may see in the Statute of 51 Hen. 3. concerning general days in the Bench. Common Intendment Is Common Understanding or Meaning according to the Subject Matter not strained to an exotick sense Bar to Common Intendment is an Ordinary or General Bar which commonly disables the Declaration of the Plaintiff Of Common Intendment a Will shall not be supposed to be made by Collusion Coke on Littl. fol. 78. b. See Intendment Commons House of Parliament Is so called because the Commons of the Realm that is the Knights Citizens and Burgesses representing them do sit there Crompt Jurisd 9. Common Law Communis Lex Hath three significations First It is taken for the Laws of this Realm simply without any other Law joyned to it As when it is disputed what ought of right to be determined by the Common Law and what by the Spiritual Law or Admirals Court or the like Secondly For the Kings Court as the Kings Bench or Common Pleas onely to shew a difference between them and the Base Courts as Customary Courts Court Barons County Courts Pipowders and such like As when a Plea of Land is removed out of Ancient Demesn because the Land is Frank-fee and pleadable at the Common Law that is in the Kings Court and not in Ancient Demesn or any other Base Court Thirdly and most usually by the Common Law is understood such Laws as were generally taken and holden for Law before any Statute was made to alter the same As neither Tenant for Life nor for Years were punishable by the Common Law for doing Waste till the Statute of Glouc. cap. 5. was made which gives an Action of Waste against them But Tenant by the Curtesie and Tenant in Dower were punishable for it before the said Statute See Law Commorth See Comorth Commore Br. Cwmmwd i. Provincia In Wales is half a Cantred or Hundred containing Fifty Villages Stat. Walliae 12 Edw. 1. and 21 Hen. 8. cap. 26. It signifies also a great Seignory and may include one or divers Mannors Coke on Littl. fol. 5. Commune See Comminalty Communi Custodia Is a Writ that did lie for that Lord whose Tenant holding by Knights-service died and left his eldest Son under age against a Stranger that entred the Land and obtained the Ward of the Body Old Nat. Br. fol. 89. But this Writ is become obsolete since Wardships were taken away by the Stat. 12 Car. 2. cap. 24. Communication Communicatio A talking consultation or conferring with Where there is onely a Parley betwixt two and no perfect Agreement that is no such Contract between them as on which to ground an Action it is called a Communication Communia placita non
False Amprisonment Is a Trespass committed against a man by Imprisoning him without lawful cause It is also used for the Writ brought upon this Trespass Fitz. Nat. Br. fol. 86. K. and 88. P. vide Broke and New Book of Entries verbo False Imprisonment False Prophecies See Prophecies False returno brevium Is a Writ lying against the Sheriff for false returning of Writs Reg. judicial fol. 43. b. Falsify Seems to signifie as much as to prove a thing to be false Perkins Dower 383 385. Also to say or do falsly as to falsify or counterfeit the Kings Seal Rex Vic. Lincoln Scias quod dedimus Adae de Essex Clerico nostro pro servicio suo omnes terras tenementa quae fuerunt Will. de Scrubby cujus terrae tenementa sunt excaeta nostra per Feloniam quam fecit de falsificatione Sigilli nostri T. apud Linc. 28. Nou. c. Claus 6 Joh. m. 12. in dorso Familia Pro hida massa manso carucata Donavit terram quinquaginta Familiarum ad construendum Monasterium Beda Hist Eccl. lib. 4 ca. 3. This term Hide is by our Writers sometimes called a Manse sometimes a Family sometimes Carucata or a Plough-land containing as much as one Plough and Oxen could cultivate in one year Cressy's Church-Hist fol. 723. b. Ubi Beda Familiam Saxonicus ejus interpres coaetaneus passim hide redderet Anglo-Normannis Carucata terrae Gloss in x. Script Fanaticks Anno 13 Car. 2. ca. 6. Is used as a general name for Quakers Anabaptists and other dissenters from the Church of England Faonatio or Feonatio from the Fr. Faonner a fawning or bringing forth young as Does do Carta Forestae ca. 8. Farding or Farthing of Gold quasi fourth-thing was a Coin used in ancient times containing in value the fourth part of a Noble viz. xx d. Silver and in weight the sixth part of an Ounce of Gold that is of 5 s. in Silver mention'd 9 H. 5. Stat. 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. Whereby it plainly appears to have been a Coin as well as the Noble and half-Noble Farandman Sax. Faran to Travel A Merchant-Stranger or Pilgrim to whom by the Lawes of Scotland Justice ought to be done with all expedition that his business or journey be not hinder'd Fardel of Land Fardella terrae Is according to some Authors the fourth part of a Yard-land Yet Noy in his compleat Lawyer pa. 57. sayes Two Fardels of Land make a Nook and four Nooks make a Yard-land Farding deal Sax feord i. quarta del or doele pars alias Farundel of Land Quadrantata terrae Signifies the fourth part of an Acre Crom. Jur. fol. 220. Quadrantata terrae is read in the Reg. of Writs fol. 1. b. where you have also Denariata obolata solidata librata terrae which must probably rise in proportion of quantity from the Fardingdeal as an half-penny penny shilling or pound rise in value Then must Obolata be half an Acre Denariata an Acre Solidata twelve Acres and Librata twelve score Acres yet I find Viginti libratas terrae vel redditus Reg. fol. 94. a. and fol. 248. b. whereby it seems Librata terrae is so much as yields xx s. per annum and Centum solidatas terrarum tenementorum redituum fol. 249. a. And in Fitz. Nat. Br. fol. 87. f. Viginti libratas terrae vel reditus which argues it to be so much Lands as twenty shillings per annum See Furlong Others hold Obolata to be but half a Pearch and Denariata a Pearch See Spelmans Gloss verbo Obolata terrae Sciatis me Rogerum de Ichtefeld dedisse Medietatem unius Feorwendel terrae de meo dominio c. Mon. Angl. 2 Pa. fo 913. b. Fare Sax. A voyage or passage or the Money paid for passing by Water Anno 2 3 Ph. Ma. cap. 16. Farley or Farleâ— In the Mannor of West Slapton in Com. Devon if any Tenant die possessed of a Cottage he is by the Custom to pay to the Lord six pence for a Farley Which I suppose may be in Lieu of a Heriot For in some Mannors Westward they distinguish Farleu to be the best good as Hariot is the best Beast payable at the Tenants death Farm From the Sax. Feorme i. Food Reditus est qui in â—locandis praediis Domino elocanti reservatur See Ferm and Spelm. Gloss verbo Firma Farthing of Land Sax. Feorþling Seems to be some great quantity and to differ much from Fardingdeal For I finde in a Survey Book of the Mannor of West Slapton in Devonshire entred thus A. B. holds six Farthings of Land at 126 l. per annum some hold it to be a Yardland See Fardel Fardingdeal and Farding Fat or Uate Is a great Wooden Vessel which among Brewers and Maulsters is used to measure Mault for expedition containing a Quarter Mentioned Stat. 1 Hen. 5. cap. 10. and 11 Hen. 6. cap. 8. It is likewise a Vessel or Pan of Lead for the making of Salt at Droitwich in the County of Worcester whereof the several Owners or Proprietors do claim Estates of Inheritance and Burgesship Fautors Anno 16 Rich. 2. cap. 5. Favorers supporters or maintainers Fealty Fidelitas Fr. Feaulte i. Fides Signifies an Oath taken at the admittance of every Tenant to be true to the Lord of whom he holds his Land And he that holds Land by this onely Oath of Fealty holds in the freest manner because all that have Fee hold per fidem â—iduciam that is by Fealty at the least Smith de Repub. Angl. lib. 3. cap. 8. This Fealty is also used in other Nations as in Lombardy and Burgundy Cassanaeus de consuetud Burgund pag. 419. And indeed as the very first creation of this tenure grew from the love of the Lord towards his Followers so did it bind the Tenant to Fidelity as appears by the whole course of the Feods and the breach thereof is loss of the Fee Hotoman in his Commentaries de verbis Feudalibus shews a Double Fealty one general to be performed by every Subject to his Prince the other special required onely of such as in respect of their Fee are tied by this Oath towards their Land-lords we may read of both in the Grand Custumary of Normandy c. Fealty special is with us performed either by Freemen or by Villains the form of both see Anno 17 Edw. 2. in these words When a Fréeman 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 ow 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 Uillain shall do Fealty to this Lord he shall hold
yet Fitz. in his Nat. Br. fol. 157. sayes the contrary because Homage specially relates to service in War He says also That Consecrated Bishops do no Homage but onely fealty the reason may be all one yet the Archbishop of Canterbury does Homage on his knees to our Kings at their Coronation and I have read that the Bishop of the Isle of Man is Homager to the Earl of Derby Fulbec reconciles this fol. 20. in these words By our Law a Religious Man may do Homage but may not say to his Lord Ego devenio homo vester because he has professed himself to be onely Gods Man but he may say I do unto you homage and to you shall be faithful and loyal See Britton ca. 68. Homage is either new with the Fee or ancestrel Homage is also used for the Jury in a Court Baron because it commonly consists of such as owe Homage to the Lord of the Fee This Homage is used in other Countreys as well as ours and was wont to be called Hominium See Hotoman de verbis feud verbo Homo Homage auncestrel Is where a Tenant holds his Land of his Lord by Homage and the same Tenant and his Ancestors whose heir he is have holden the same Land of the same Lord and his Ancestors whose heir the Lord is time out of memory of man by Homage and have done them Homage such service draws to it warrantry from the Lord c. Thus Littleton In this example here put says Sir Edward Coke There must be a double prescription both in the blood of the Lord and of the Tenant and therefore I think there is little or no land at all at this day holden by Homage ancestrel Yet I have been credibly informed that in the Mannor of Whitney in Herefordshire whose Lord is of the same name and the family has been seated and continued there for many ages is one West a Tenant who can perfectly prescribe to hold his Land of Tho. Whitney Esq the present Lord thereof by Homage ancestrel Homager from the Fr. Hommage One that does or is bound to do Homage to another As the Bishop of the Isle of Man is said to be Homager to the Earl of Derby See Homage Homagio respectuando Was a Writ to the Escheator commanding him to deliver seisin of lands to the heir that is of full age notwithstanding his Homage not don Fitz. Nat. Br. fol. 269. Homesoken Rectius Hamsoken Hamsoca from the Sax. Ham. i. Domus Habitatio socne Libertas Immunitas Is by Bracton lib. 3. Tract 2. ca. 23. thus defined Homesoken dicitur invasio domus contra pacem domini Regis It appears by Rastal that in ancient times some men had an immunity to do this Si quis Hamsocam violaverit jure Anglorum Regi emendet 5 libr. LL. Canuti cap. 39. Hamsoken est quod Prior tenebit Placita in Curia sua de his qui ingrediuntur domum vel Curiam alicujus ad litigandum vel furandum vel quicquid asportandum vel aliquod aliud faciendum contra voluntatem illius qui debet domum vel Curiam Ex Reg. Priorat de Cokesford See Hamsoken Homicide Homicidium Is the slaying of a Man and it is divided into voluntary and casual Voluntary homicide is that which is deliberated and committed of a set purpose to kill casual is that which is done by chance without any intention to kill Homicide voluntary is either with precedent malice or without the former is Murder and is the Felonious killing through malice prepensed of any person living in this Realm under the Kings protection West par 2. Symb. tit Inditements Sect. 37. usque ad 51. where you may see divers subdivisions of this matter See also Glanvil lib. 14. ca. 3. and Coke on Litt. lib. 3. ca. 8. See Murther Manslaughter and Chancemedley Homine eligendo ad custodiendam peciam sigilli pro mercatoribus aediti Is a writ directed to a Corporation for the choice of a new Man to keep one part of the Seal appointed for Statutes-Merchant when the other is dead according to the Statute of Acton Burnel Reg. of Writs fol. 178. a. Homine replegiando Is a Writ for the Bailing a man out of Prison In what cases it lies see Fitz. Nat. Br. fol. 66. And Reg. of Writs fol. 77. Homine capto in Withernamium Is a Writ to take him that has 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. of Writs fol. 79. a. See Withernam Hond-habend from the Sax. Hond Hand and Habens having Signifies a circumstance of manifest Theft when one is deprehended with the thing stoln in his hand Bract. lib. 3. Tract 2. ca. 8. 32 35. who also uses handberend in the same sence sc latro manifestus Hond-peny Et sint quieti de chevagio Hond-peny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham Quaere Honor Is besides the general signification used especially for the more noble sort of Seigniories whereof other inferior Lordships or Mannors depend by performance of some Customs or Services to those who are Lords of them Though anciently Honor and Baronia signify'd the same thing Uti Manerium plurimis gaudet interdum feodis sed plerumque tenementis consuetudinibus serviciis c. Ita Honor plurima complectitur Maneria plurima feoda militaria plurima Regalia c. dictur etiam olim est Beneficium seu Feodum Regale tentusque semper a Rege in Capite Spel. The manner of creating these Honors by Act of Parliament may in part be gather'd out of the Statutes 33 Hen. 8. ca. 37 38. and 34 ejusdem ca. 5. where Ampthil Grafton and Hampton Court are made Honors And by 37 Hen. 8. ca. 18. the King is empowred by letters-patent to erect four several Honors viz. Westminster Kingston upon Hull St. Osyths and Donnington and as many other Honors as he will In reading several approved Authors and Records I have observed these following to be likewise Honors viz. The Honors of Aquila Clare Lancaster Tickhil Wallingford Nottingham Boloine Westgreenwich Bedford Barkhamstead Plimpton Creâ—ecure Haganet East-greenwich Windsor Bealieu Peverel Ramesey Skipton Wyrmsgay Clinn Raleigh Montgomery Wigmore Huntingdon Eye Baynards Castle Glocester Arundel Heveningham Cockermouth Bullingbroke Folkingham Leicester Hinkley Whithurch Hertford Newelme Chester Lovetot Pickering Mardstone Tuttebury Warwick Breghnok or Brecnok Breâ—mber Halton And in a Charter of 15 Hen. 3. I find mention of the Honors of Kaermardin and Cardigan Sciatis communiter me accepisse in manu mea defensione totum Honorem Ecclesiae de Rameseie c. Charta Gulielmi I. Abbati Rames Sect. 174. See Cam. Britan. fol. 315 407 594 690 c. Bakers Chro. fol. 117. Inquis 10 Edw. 2. Cokes 4 Inst fol. 224. Mag. Charta cap. 31. Reg. Orig. fol. 1. Cromp. Juris fol. 115. Broke tit Tenure num 26 c. This word
sort of Money so it were Silver and the reason is there given because those two Shires Monetarios de antiqua institutione non habent Moneyers are now also taken for Banquers or those that make it their Trade to turn and return money Monger Seems to be a little Sea-vessel which Fishermen use Anno 13 Eliz. ca. 11. Monopoly from the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vendo Is an Institution or allowance of the King by his Grant Commission or otherwise to any person or persons of or for the sole buying selling making working or using of any thing whereby any person or persons are restrained of any freedom or liberty that they had before or hindred in their lawful Trade which is declared illegal by 21 Jac. ca. 3. Except in some particular cases which see in 3 Inst fo 181. Monstrans de droit i. Shewing of ones right Signifies a writ issuing out of the Chancery to be restored to Lands or Tenements that indeed are mine in right though by some Office found to be in possession of one lately dead See Stamf. Praer ca. 21. at large and Cokes Rep. lib. 4. fo 54. Wardens of the Sadlers Case Monstraverunt Is a Writ that lies for Tenants that hold freely by Charter in ancient Demaine being distreined for the payment of any Toll or Imposition contrary to the liberty which they do or should enjoy Fitz. Nat. Br. fo 14. Month or Moneth Sax. Monath Shall be understood to consist of 28 dayes See Coke lib. 6. fo 61. b. And see Kalendermoneth Moot from the Sax. Motian to treat or handle Is well understood at the Inns of Court to be that exercise or arguing of Cases which young Barrasters and Students perform at certain times for the better enabling them for practise and defence of Clients Causes The place where Moot-cases were argued was anciently called a Moot-hall from the Sax. Motheal In the Inns of Court there is a Bailiff or Surveyor of the Moots who is yearly chosen by the Bench to appoint the Mâ—otmen for the Inns of Chancery and to keep accompt of performance of Exercises both there and in the House See Orig. Juridiciales fo 212. Mootmen Are those that argue Readers Cases called also Moot-cases in the Houses of Chancery both in Terms and in Vacations Cokes Rep. 3 Part in Proaemio Moratur or Demoratur in Lege Signifies as much as he Demurrs because the Party goes not forward in pleading but rests or abides upon the Judgment of the Court in the point who deliberate and take time to argue and advise thereupon Whensoever the Counsel learned of the Party is of opinion that the Count or Plea of the adverse party is insufficient in Law then he Demurrs or abides in Law and refers the same to the Judgment of the Court Coke on Lit. fo 71. b. See Demurrer Moriam Is all one in signification with the French Morion i. Cassis a headpiece and that from the Italian Morione Anno 4 5 Phil. Mary ca. 2. now called a Pot. Morling alias Mortling Signifies that Wool which is taken from the Skin of a dead Sheep whether dying of the rot or being killed Anno 4 Edw. 4. cap. 2. 3. and 27 Hen. 6 cap. 2. This is written Morkin Anno 3 Jac. cap. 18. Morling or Shorling Anno 3 Edw. 4. cap. 1. 14 Car. 2. cap. 18. See Shorling Mortdancester See Assize Mortgage Mortuum vadium vel Mortgagium from the French Mort i. Mors and Gage i. Pignus Signifies a Pawn of Land or Tenement or any moveable thing laid or bound for Money borrowed peremptorily to be the Creditors for ever if the Money be not paid at the day agreed on And the Creditor holding such Land on such Agreement is in the mean time called Tenant in Mortgage Glanvile lib. 10. cap. 6. defines it thus Mortuum vadium dicitur illud cujus fructus vel reditus interim percepti in nullo se acquietant Thus it is called a Dead Gage because whatsoever profit it yields yet it redeems not it self by yielding such profit except the whole sum borrowed be likewise paid at the day the Morgagee by Covenant being to receive the profits till default of payment He that lays this Pawn or Gage is called the Morgager and he that takes it the Morgagee This if it contain excessive Usury is prohibited Anno 37 Hen. 8. cap. 9. Mortmain Manus Mortua i. Dead Hand From the. Fr. Mort i. Mors and Main i. Hand Signifies an Alienation of Lands or Tenements to any Corporation Guild or Fraternity and their Successors as Bishops Parsons Viccars c. which may not be done without Licence of the King and the Lord of the Mannor or of the King alone if it be immediately holden of him The reason of the name proceeds from this that the services and other profits due for such Lands should not without such Licence come into a Dead Hand or into such a Hand as it were Dead and so dedicate unto God or pious uses as to be abstractedly different from other Lands Tenements or Hereditaments and is never to revert to the Donor or any Temporal or common use Mag. Charta cap. 36. and 7 Edw. 1. commonly called the Statute of Mortmain 18 Edw. 3. stat 3. cap. 3. and 15 Rich. 2. cap. 5. Which Statutes are something abridged by Anno 39 Eliz. cap. 5. whereby the gift of Land c. to Hospitals is permitted without obtaining of Licences of Mortmain Hottoman in his Commentaries De verbis Feudal verbo Manus mortua says thus Manus mortua locutio est quae usurpatur de iis quorum possessio ut ita dicam immortalis est quia nunquam haeredem habere desinunt Qua de causa res nunquam ad Priorem Dominum revertitur nam Manus pro possessione dicitur Mortua pro immortali c. And Skene says That Dimittere terras ad Manum Mortuam est idem atque dimittere ad multitudinem sive universitatem quae nunquam moritur The President and Governors for the poor within the Cities of London and Westminster may without Licence in Mortmain purchase Lands c. not exceeding the yearly value of 3000 l c. Stat. 14. Car. 2. cap. 9. Mortuary Mortuarium Is a gift left by a Man at his death to his Parish Church in recompence of his Personal Tythes and Offerings not duly paid in his life time A Mortuary is not properly and originally due to an Ecclesiastical Incumbent from any but those onely of his own Parish to whom he ministers Spiritual Instruction and hath right to their Tythes But by Custom in some places of this Kingdom they are paid to the Incumbent of other Parishes in the Corps of the Dead Bodies passage through them See the Statute 21 Hen. 8. cap. 6. before which Statute Mortuaries were payable in Beasts Mortuarium says Lindwood sic dictum est quia relinquitur Ecclesiae pro anima defuncti
an exception taken against the Plaintiff or Demandant upon some cause why he cannot commence any Sute in Law as Praemuniri Outlary Villenage professed in Religion Excommunication or because he is a stranger born howbeit the last holds only in actions real or mixt and not in personal except he be a stranger and an Enemy The Civilians say such a Man has not Personam standi in judicio See Brooke hoc tit and Fitz. Nat. Br. fo 35. 65 and 77. Non admittas See Ne admittas Nonage Is all the time of a Mans age under one and twenty years in some cases or 14 in others as Marriage See Broke tit Age. See Age. Non capiendo Clericum See Clericum non capiendo Non-claim Is an omission or neglect of a Man that claims not within the time limited by Law as within a year and day where continual claim ought to be made or within five years after a Fine levied Vide Coke lib. 4. in Proaem and Continual Claim Non compos mentis Is a Man of no sound Memory and understanding of which there are four sorts 1. An Ideot who from his Nativity by a perpetual infirmity Is Non compos mentis 2. He that by sickness grief or other accident wholly loseth his Memory and Understanding 3. A Lunatick that has sometimes his understanding and sometimes not aliquando gaudet lucidis intervallis Lastly He that by his own act for a time deprives himself of his right mind as a Drunkard but that kind of Non compos mentis shall give no priviledge or benefit to him or his heirs and a Descent takes away the Entry of an Ideot albeit the want of understanding was perpetual Coke lib. 4. Beverly's Case Non diâ—â—ringendo Is a Writ comprizing divers particulars according to divers cases which you may see in the Table of Reg. of Writs Non est culpabilis Is the general Plea to an action of Trespass whereby the Defendant does absolutely deny the fact charged on him by the Plaintiff whereas in other special Answers the Defendant grants the fact to be done but alleages some reason in his defence why he lawfully might do it And as this is the general Answer in an Action of Trespass that is an Action criminal civilly prosecuted so is it also in all Actions criminally followed either at the Sute of the King or other wherein the Defendant denies the Crime objected to him See New Book of Entries tit non Culp Stamf. pl. Cor. lib. 2. ca. 62. Non est factum Is a Plea to a Declaration whereby a Man denies that to be his deed whereupon he is impleaded Brooke hoc titulo Non implacitando aliquem de libero tenemento fine brevi Is a Writ to inhibit Bailiffs c. from Distreming any Man without the Kings Writ touching his Freehold Reg. of Wrtis 171. b. Non intromittendo quando breve Praecipe in capite subdole impetratur Is a Writ which had dependence on the Court of Wards and therefore now obsolete Reg. of Writs fo 4. b. Non merchandizando victualia Is a Writ directed to the Justices of Assise commanding them to enquire whether the Officers of such a Town do sell Victuals in gross or by retain during their Office contrary to the Statute and to punish them if they find it true Reg. of Writs fo 184. Non molestando Is a Writ that lies for him who is molested contrary to the Kings protection granted him Reg. of Writs fo 24. Non obstante notwithstanding Is a word or clause usual in Statutes and Letters Patent All grants of such PensioÌ„ns and every non obstante therein contained shall be void Stat. 14 Car. 2. ca. 11. v. 3 Part Crokes Rep. fo 196. and Plow Com. fo 501 502. In Henry the Thirds time says Sir Richard Baker the Clause non obstante brought in first by the Pope was taken up by the King in his Grants and Writings See Pryns Animadversions on fourth Inst fo 129. Non omittas Is a Writ lying where the Sheriff delivers a former Writ to a Bailiff of a Franchise in which the party on whom it is to be served dwels and the Bailiff neglects to do it In this case the Sheriff returning that he delivered it to the Bailiff this shall be directed to the Sheriff charging him to execute the Kings command himself Old Nat. Br. fo 44. Of this the Reg. of Writs has three sorts fo 82. b. 151. Non ponendo in Assisis Juratis Is a Writ founded upon the Stat. Westm 2. ca. 38. and the Stat. Articuli super Chartas ca. 9. which is granted upon divers causes to Men for the freeing them from serving upon Assises and Juries as by reason of old age c. See Fitz. Nat. Br. fo 165. and Reg. fo 179. 181. Non procedendo ad Assisam Rege inconsulto Is a Writ to stop the Trial of a Cause appertaining to one who is in the Kings service c. until the Kings pleasure be farther known Reg. fo 220. Non residentia pro Clericis Regis Is a Writ directed to the Ordinary charging him not to molest a Clerk imployd in the Kings Service by reason of his Non-residence Reg. of Writs fol 58. b. Non Residence Anno 28 Hen. 8. cap. 13. Is applied to those Spiritual Persons that are not Resident but do absent themselves by the space of one Moneth together or two Moneths at several times in one year from their Dignities Prebends or Benefices For Regularly Personal Residence is required of Ecclesiastical Persons upon their Cures See 2 Part Instit fol. 625. Non solvendo pecuniam ad quam Clericus mulctatur pro non Residentia Is a Writ prohibiting an Ordinary to take a pecuniary mulct imposed upon a Clerk of the Kings for Non-residency Reg. of Writs fol. 59. Non-sute i Non est Prosecutus c. Is a Renunciation of the Sute by the Plaintiff or Demandant most commonly upon the discovery of some Error or Defect when the Matter is so far proceeded in as the Jury is ready at the Bar to deliver their Verdict Anno 2 Hen. 4. cap. 7. See the New Book of Entries verbo Nonsute The Civilians term it Litis Renunciationem Non-tenure Is an Exception to a Count by saying That he holdeth not the Land mentioned in the Count or at least some part of it Anno 25 Edw. 3. stat 4. cap. 16. West par 2. Symb. tit Fines sect 138. Mentions non-Non-tenure general and Non-tenure special This is an Exception alleaging that he was not Tenant the day whereon the Writ was purchased General is where one denies himself ever to have been Tenant to the Land in question See New Book of Entries Aerbo Non tenure Non sum informatus See Informatus non sum Non sane memorie Non sanae memoriae Is an Exception taken to any Act declared by the Plaintiff or Demandant to be done by another and whereon he grounds his Plaint or Demand And the effect of
Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law
other act they are deprived of their Bishoprick or Benefice See Coke on Littl. fol. 329. Privy Fr. Privè i. Familiaris Signifies him that is partaker or hath an interest in any Action or thing as Privies of Blood Old Nat. Br. fol. 117. Every Heir in Tail is Privy to recover the Land intailed Eodem fol. 137. Merchants Privy are opposite to Merchant Strangers Anno 2 Edw. 3. cap. 9. 14. Coke lib. 3. Walkers Case fol. 23. And lib. 4. fol. 123. mentions four kinde of Privies viz. Privies in Blood as the Heir to his Father Privies in Representation as Executors or Administrators to the deceased Privies in Estate as he in Reversion and he in Remainder when Land is given to one for life and to another in Fee the reason is for that their Estates are created both at one time The fourth is Privy in Tenure as the Lord by Escheat that is when Land Escheats to the Lord for want of heirs The Expositor of Law-terms adds a fifth sort of Privy whom see and Coke on Litt. lib. 3. ca. 8. Sect. 161. Privy-seal Privatum sigillum Is a Seal that the King useth to such Grants or other things as pass the Great Seal First they pass the Privy-Signet then the Privy-Seal and lastly the Great Seal of England The Privy-Seal is also sometimes used in things of less consequence that do not at all pass the great one No Writs shall pass under the Privy-Seal which touch the Common-Law 2 Inst fo 555. Priviledge Privilegium Is either personal or real A personal Priviledge is that which is granted or allowed to any person either against or besides the course of the Common-Law as a Member of Parliament may not be Arrested nor any of his menial servants in the time of Parliament nor for certain dayes before and after A Priviledge real is that which is granted to a place as to the Universities that none of either may be called to Westminster-Hall or prosecuted in other Courts See the New Book of Entries verbo Priviledge Privilegium est jus singulare hoc est privata lex quae uni homini vel loco vel Collegio similibus aliis conceditur Privity Fr. Privauté Private Familiarity Friendship Inward Relation If there be Lord and Tenant and the Tenant holds of the Lord by certain services there is a privity between them in respect of the tenure See Privie Probat of Testaments Probatio testamentorum Is the exhibiting and proving last Wills and Testaments before the Ecclesiastical Judge delegated by the Bishop who is Ordinary of the place where the party dies If all the deceased parties Goods Chattels and Debts owing him were in the same Diocess then the Bishop of the Diocess or the Arch-deacon according as their composition or prescription is has the Probat of the Testament if the Goods were dispersed in divers Dioceses so that there were any summ of note as five pounds ordinarily out of the Diocess where the party lived then is the Arch-Bishop of Canterbury or York the Ordinary by his Prerogative This Probat is made in two sorts either in common form or per testes The first is onely by the Oath of the Executor who swears upon his credality that the Will by him exhibited is the last Will and Testament of the Party deceased Per testes is when besides his Oath he also produceth Witnesses or makes other proof to confirm the same which later course is taken most commonly where there is fear of strife or dispute about the Testators Goods For it is held that a Will proved in common form onely may be call'd in question any time within thirty years after And where a Will disposes of Lands or Tenements of Freehold it is now usually proved by Witnesses in Chancery Procedendo Is a Writ whereby a Plea or Cause formerly called from a base Court to the Chancery Kings-Bench or Common-Pleas by Writ of Priviledge or Certiorari is released and sent again to the same Court to be proceeded in there after it appears that the Defendant has no cause of priviledge or that the matter comprised in the Parties allegation on suggestion is not well proved Brooke hoc titulo and Coke vol. 6. fo 63. See Anno 21 Rich. 2. ca. 11. Letters of Procedendo granted by the keeper of the Privy-Seal See in what diversity it is used in the Table of the Register of Writs Original and Judicial Anno 21 Iac. ca. 23. Process Processus a procedendo ab initio usque ad finem Is so called because it proceeds or goes out upon former matter either Original or Judicial and has two significations First it is largely taken for all proceeding in any real or personal civil or criminal Action from the Original Writ to the end Britton fo 138. Secondly We call that the Process by which a man is called into any Temporal Court which is alwayes in the name of the King See Lamb. in his Tractat of Processes adjoyning to his Eiren. Divers kinds of Process upon Inditements before Justices of the Peace see in Cromp. Iustice of P. fo 134. Special Proces is that which is especially appointed for the offence by Statute Processum continuando Is a Writ for the continuance of a Process after the death of the Chief Justice or other Justices in the Writ or Commission of Oyer and Terminer Reg. of Writs fo 128. a. Prochein amy Fr. Prochain amie proximus amicus Is used for him that is next of kin to a child in his nonage and is in that respect allow'd by Law to deal for him in managing his affairs as to be his Guardian if he hold in Socage and in the redress of any wrong done him Stat. Westm 1. ca. 48. and Westm 2. ca. 15. and is in the prosecution of any action at law per Gardianum where the Plaintiff is an Infant and per proximum Amicum where the Infant is Defendant See 2 Inst fo 261. Proclamation Proclamatio is a notice publickly given of any thing whereof the King thinks fit to advertise his Subjects so is it used Anno 7 Ric. 2. ca. 6. 31 Hen. 8. ca. 8. Proclamation of Rebellion is a Writ so called whereby publick notice is given where a Man not appearing upon a Subpaena nor an Attachment in the Chancery shall be reputed a Rebel if he render not himself by a day assigned in this Writ See Commission of Rebellion Proclamation of a Fine Is a notice openly and solemnly given at all the Assizes held in the County within one year after the ingrossing it which Proclamations are made upon transcripts of the Fine sent by the Justices of the Common-Plees to the Justices of Assise and of the Peace West Part 2. Symbol tit Fines Sect. 132. where also you may see the form of the Proclamation Proclamare est palam valde clamare See Proclamations in divers cases New Book of Entries verbo Proclamations Pro confesso Upon a Bill exhibited in Chancery where
Scite Situs The setting or standing of any place the Seat or Scituation of a Capital House or Messuage a Territory or quarter of a Country As we often find the Site of the late dissolved Monastery of i. The place where it stood The word is found in the Stat. 32 Hen. 8. ca. 20. 22 Car. 2. ca. 11. and is there written Scite Dedi Situm loci in quo domus sua sita est Mon. Angl. 2 Par. fo 278. b. Sithcundman Sax. Sithcundus custos paganus interpretatur Lamb. expl verb. pa. 5. Such a gentleman as had the Office to lead the men of a Town or Parish E classe nobilium erat says Somner Scyvinage Anno 27 Hen. 6. ca. 2. Signifies the precincts of Caleis Smalt Anno 21 Ja. ca. 3. and Pat. 16 Feb. 16. Ja. Ital. smalto Is that of which Painters make Blew Colour Smoke silver Tenemenium Newstede cum pertinen c. in villa de Staplehirst in Cam. Cant. tenetur de manerio de East-greenwich per fidelitatem tantum in libero Soccagio per Pat. dat 3 Febr. 4 Edw. 6. And by the payment for Smoke-silver to the Sheriff yearly the summ of six pence Notes for Lord Wootons Office 1628. There is Smoke-silver and Smoke-penny paid to the Ministers of divers Parishes conceived to be paid in lieu of Tithewood Or it may as in many places at this day be a continued payment of the Romescot or Peter-pence See Chimney-money Soc Sax. Signifies power authority or liberty to minister Justice and execute Lawes Also the Shire Circuit or Territory wherein such power is exercised by him that is endued with such a priviledge or liberty Whence our Law Latin word Soca for a Seignory or Lordship enfranchised by the King with the liberty of holding or keeping a Court of his Sockmen or Socagers i. His Tenants whose tenure is hence call'd Socage This kind of liberty is in divers places of England at this day and commonly known by the name of Soke or Soken Skene says Sok an old word used in Charters and Feoffments which are in sundry old Books containing the Municipal Laws of this Realm is called Seda de hominibus suis in Curia secundum consuetudinem regni c. See Bracton lib. 3. Tract 2. ca. 8. where he makes mention of these liberties Soc Sac Tol Team Infangthef Utfangthef LL. Hen. 1. ca. 22. Sive Sacam totaliter habent sive non Soca id quod Franchesiam dicimus i. Locus privilegiatus libertas immunitas refugium asylum sanctuarium a Sax. Socn socne haec ipsa significantibus Socage or Soccage Socagium From the Fr. Soc i. Vomer a Plowshare or Coulter Is a tenure of Lands by or for certain inferior or Husbandry services to be perform'd to the Lord of the Fee See Institutes of Common-Law 31. Bracton lib. 2. ca. 35. nu 1. Describes it thus Dici poterit Soccagium a Socco inde tenentes qui tenent in Soccagio Sockmanni dici poterunt eo quod deputati sunt ut videtur tantummodo ad culturam quorum custodia maritagia ad propinquiores parentes jure sanguinis pertinebunt c. Skene sayes Soccage is a Tenure of Lawes whereby a man is infeoffed freely without Wardship or Marriage paying to his Lord some small rent c. which is called free-socage there was also base Soccage otherwise called Villenage Bracton adds Soccagium liberum est ubi fit servitium in donariis Dominis capitalibus nihil inde omnino datur ad scutum servitium Regis This free Soccage is also called common Soccage Anno 37 H. 8 ca. 20. Other divisions there are in our Law Writers of Soccage in Capite c. But by the Statute 12 Car. 2. ca. 24. all Tenures from and after 24 February 1645 shall be adjudged and taken for ever to be turned into free and Common Socage Socmans alias Sokemans Socmanni Are such Tenants as hold their Lands by Soccage Tenure But the Tenants in ancient Demean seem most properly to be called Socmans Fitz. Nat. Br. fo 14. b. Britton ca. 66. n. 2. Progenitores Simonis Bokeley omnia sua in Houcton per liberum Sokagium tunc tenebant quieti erant de Sectis Curiarum Consuetudinibus exactionibus demandis Lib. S. Albani Tit. Houcton ca. 1. The word Sokeman is found in the Statute of Wards and Relief 28 Edw. 1. Socna Sax. Socne A Priviledge Immunity Liberty or Franchise Volo ut ipsi sint eorum Sacae Socnae Theolonei etiam Teami privilegiorum scilicet jurium sic appellatorum digni intra tempus extra tempus c. Char. Canuti Regis in Hist Eccl. Cath. S. Pauli fo 189. See Soc. Socome signifies a Custom of grinding at the Lords Mill And there is Bond-Socome where the Tenants are bound to it and Love-socome where they do it freely out of love to their Lord. Soke Anno 32 Hen. 8. ca. 15. 20. Significat libertatem Curiae tenentium quam Socam appellamus Fleta lib. 1. ca. 47. Sect. Soke Soka hoc ect quod Prior habet sectam de homagiis suis ad Curiam suam secundum communem consuetudinem regni Angliae M. S. de libertat Priorat de Cokesford Per Soke Will. Stanley in manerio suo de Knottesford clamat cognitionem Placitorum debiti transgressionis conventionis detentionis infra summ 40 sol de aliis compactibus quibuscunque sine brevi Pl. in Itin. apud Cestriam 14 Hen. 7. Soke i. Aver Fraunche Court de ses homes MS. See Soc. Soken Soca See Soc and Hamsoken Sokereeve Seems to be the Lords Rent-gatherer in the Soke or Soken Fleta lib. 2. ca. 55. Solda Pateat quod nos Johannes Romayne senior de Leominstr Johannes Romayne junior de eadem remisimus Johanni Meole vicario Ecclesiae de Wygemore Ricardo Bocerell Constabular Castri de Wygemore Fouke Sprengehose totum jus nostrum clamium in una Solda cum pertinenciis in Leominstr scituata in alto vico inter Soldam quondam Ricardi Spicer Soldam quae fuit Philippi Collinge c. Dat. 2. Octobre 19 Ric. 2. It seems to be the same with Solila a Shop or Shed Solet debet See Debet Solet Soletenant Solus tenens Is he or she that holds onely 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 dies not sole-tenant Kitchin fo 134. Solicitor Solicitator Signifies a man employ'd to follow and take care of Sutes dedepending in Courts of Law or Equity formerly allowed only to Nobility whose maenial servants they were but now too commonly used by others to the great increase of Champerty and Maintenance and Damage of the People Solidata terrae See Farding deal of Land Solidata signifies also the pay or stipend of a Souldier Et qui terram non
It is used for those that are sent or appointed to view an offence as a Man murdered or a Virgin ravished See View Uenditioni exponas Is a Writ Judicial directed to the Under-Sheriff commanding him to sell goods which he hath formerly by commandment taken into his hands for the satisfying a Judgment given in the Kings Court Reg. Judie fol. 33. And Anno 14 Car. 2. cap. 21. Uenire facias Is a Writ Judicial going out of the Record and lies where two parties plead and come to Issue for then the party Plaintiff or Defendant shall have this Writ directed to the Sheriff to cause Twelve Men of the same County to say the truth upon the Issue taken And if the Enquest come not at the day of this Writ returned then shall go a Habeas Corpora and after a Distress until they come Old Nat. Br. fol. 157. See how diversly this Writ is used in the Table of the Register Judicial There is also a Writ of this name that is original as appears in the Reg. of Writs fol. 200. Which Lambert in his Processes annexed to his Eiren. says is the common Process upon any Presentment not being Felony nor specially appointed for the fault presented by Statute whereof he sets down an example in the same place See also the New Book of Entries verbo Enquest fol. 253. And the Stat. 35 Hen. 8. cap. 5. Uenire facias tot matronas See Ventre inspiciendo and Lamb. Eiren. lib. 4. cap. 14. pag. 532. Uentre inspiciendo Is a Writ for the search of a Woman that says she is with childe and thereby withholds Land from him that is next Heir at Law Register of Writs fol. 227. a. Uenue or Uenew Vicinetum al. Visnetum Is taken for a neighboring or near place Locus quem vicini habitant For example Twelve of the Assise ought to be of the same Venew where the Demand is made Old Nat. Br. fol. 115. Anno 4 Hen. 4. cap. 26. And 25 Hen. 8. cap. 6. And also shall return in every such Panel upon the Venire facias six sufficient Hundreders at the least if there be so many within the Hundred where the Venue lies See Visne Uerd See Vert. Uerderor Viridarius Fr. Verdeur i. Custos nemoris Is a Judicial Officer of the Kings Forest chosen by the Kings Writ in the full County of the same shire within the Forest where he dwells and is sworn to maintain and keep the Assises of the Forest and to view receive and enrol the Attachments and Presentments of all manner of Trespasses of Vert and Venison in the Forest Manwood par 1. pag. 332. His office is properly to look to the Vert and see it be well maintained Cromp. Jurisd fol. 165. His Oath Fee and Authority see in Manwood supra and fol. 51. Uerdict Verdictum quasi dictum veritatis Is the Answer of a Jury or Enquest made upon any Cause Civil or Criminal committed by the Court to their tryal which is twofold General or Special Stamf. Pl. Cor. lib. 3. cap. 9. A General Verdict is that which is given or brought into the Court in like general terms to the General Issue as in an Action of Disseisin the Defendant pleads No wrong no Disseisin Then the Issue is General whether the Fact be a wrong or not which being committed to the Jury they upon consideration of their evidence come in and say either for the Plaintiff that it is a wrong and Disseisin or for the Defendant that it is no wrong no Disseisin A Special Verdict is when they say at large that such a thing and such they finde to be done by the Defendant or Tenant so declaring the course of the Fact as in their opinion it is proved and as to the Law upon the Fact they pray the Judgment of the Court. And this Special Verdict if it contain any ample Declaration of the Cause from the beginning to the end is also called a Verdict at large whereof read divers examples in Stamf. ubi supra New Book of Entries verbo Verdict And Coke on Littl. fol. 228. a. Item utimnr quod Balivi Coronatores Burgi nostri usi fuerint adhuc utuntur recipere Veredictum Duodecim Juratorum ex quacunque causa infra Burgum nostrum praedictum seu ejus libertatem emergenti sive contingenti Senesealli praesentia nullo modo expectata MS. Codex de LL. Statutis Burgi-villae Mountgomer fol. 15. Uerge Virgata Is used for the compass of the Kings Court which bounds the Jurisdiction of the Lord Steward of the Kings Houshold and of the Coroner of the Kings House and that seems to have been twelve miles compass Anno 13 Rich. 2. stat 1. cap. 3. Britton fol. 68. 69. Cokes Rep. lib. 4. fol. 47. See the Stat. 33 Hen. 8. cap. 12. Fleta lib. 2. cap. 4. sect 1 says This compass about the Court is called Virgata a Virga quam Marishallus portat ut signum suae potestatis Verge is also used for a Stick or Rod whereby one is admitted Tenant and holding it in his hand swears Fealty to the Lord of a Mannor who is therefore called Tenant by the Verge Old Nat. Br. fol. 17. Uerge of Land Anno 28 Edw. 1 Statute of Wards Virgata terrae See Yard-land Uergers Virgatores Are such as carry White Wands before the Justices of either Bench c. Fleta lib. 2. cap. 38. otherwise called Porters of the Verge Uery Lord and very Tenant Verus Dominus verus Tenens Are those that are immediate Lord and Tenant one to another Brook tit Hariot fol. 23. In Old Nat. Br. fol. 42. You have these words And know ye that in taking of Leases six things are necessary viz. Very Lord and very Tenant Service behinde the day of the taking Seisin of the Services and within his Fee And that a Man is not very Tenant until he have atturned to the Lord by some service See Anno 19 Hen. 7. cap. 15. And see Tenant Uert Fr. Verd i. Viridis Otherwise called Greenhue signifies in the Forest Laws every thing that grows and bears green Leaf within the Forest that may cover a Deer Manwood 2 Part. fol. 6. 33. Vert is divided into Over Vert and Neather Vert. Over Vert is that which our Law-Books call Hault Bois and Neather Vert South-bois And of this you may read Manwood 2 par cap. 6. per totum Vert is also sometimes taken for that power which a Man hath by the Kings Grant to cut Green Wood in the Forest See 4 Inst fol. 317. Uervise Otherwise called Plonkets Anno 1 Rich. 3. cap. 8. A kinde of Cloth Uesses Anno 1 Rich. 3. cap. 8. And Anno 14 15 Hen. 8. cap. 11. otherwise called Set Cloaths most commonly made in Suffolk Uest Vestire Plenam possessionem terrae vel praedii tradere saisinam dare infeodare Says Spelman Uestry-men Anno 15 Car. 2. cap. 5. Are a select number of the cheif Parishioners of every
signifies a Forfeiture or an Amerciament and is much transformed in the writing since more probably it should be Mishersing Mishering or Miskering according to the Learned Spelman It seems by some Authors to signifie a Freedom or Liberty because he that has this word in any Charter or Grant has not onely the Forfeitures and Amerciaments of all others for transgressions within his Fee but also is himself free from all such control by any within that compass Abjuration abjuratio a forswearing or renouncing by Oath a sworn banishment or an Oath taken to forsake the Realm for ever For as Stamford Pl. Cor. lib. 2. cap. 40. saith The devotion towards the Church first in Edward the Confessors time and afterward till 22 Hen. 8. was so zealous That if a man having committed Felony could recover a Church or Churchyard before he were apprehended he might not be thence drawn to the usual tryal of Law but confessing his fault to the Justices at their coming or to the Coroner and before them or him give his oath finally to forsake the Realm The form and effect whereof you may read in De Officis Coronatorum and in Horns Mirror of Justices lib. 1. cap. Del Office de Coroner Quando aliquis abjuravit regnum Cruoc ei liberata fuit in manu sua portanda in itinere suo per semitas regias vocabitur vexillum sanctae Ecclesiae Essex Plac. Hil. 26 Ed. 3. But this grew at last to be but a perpetual confining the offender to some Sanctuary wherein upon abjuration of his liberty and free habitations he would chuse to spend hs life as appears Anno 22 Hen. 8. cap. 14. It is Enacted 21 Jac. cap. 28. That hereafter no Sanctuary or Priviledge of Sanctuary shall be allowed and consequently Abjuration is taken away 2 Instit fol. 629. See Sanctuary Abolition Anno 25 Hen. 8. cap. 21. A destroying or putting out of memory Institutae actionis peremptio The leave given by the King or Judges to a criminal accuser to desist from further prosecution Abridge from the Fr. Abreger to make shorter in words holding still the whole substance But in Law it seems to signifie for the most part the making a Declaration or Count shorter by substracting or severing some of its substance For example a Man is said to abridge his Plaint in an Assize or a Woman her Demand in an Action of Dower that hath put into the Plaint or Demand any Land not in the Tenure of the Tenant or Defendant and if the Tenant pleads Non-tenure or such-like Plea to parcel of the Land demanded in Abatement of the Writ the Demandant may abridge his Plaint or Demand to that patcel that is he may leave out that part and pray the Tenant may answer the rest to which he has not yet pleaded any thing The cause is for that in such Writs the certainty is not set down but they run in general And though the Demandant hath abridged his Plaint or Demand in part yet the Writ remains good still for the rest Brook tit Abridgment An. 21 H. 8. cap. 3. Abridgment of a Plaint See Abridge Abrogate abrogo to disannul take away or repeal as to abrogate a Law i. To lay aside or repeal it Anno 5 6 Edw. 6. cap. 3. See Prorogue Absentees or des Absentees was a Parliament so called held at Dublin 10 May 28 H. 8. And mentioned in Letters Patent Dat. 29 H. 8. See Cokes 4 Inst fol. 354. Abuttals See Abbuttals Accedas ad Curiam Lat. is a Writ that lies for him who has received false Judgment or fears partiality in a Court Baron or Hundred Court being directed to the Sheriff as appears by Dyer fol. 169. numb 20. As the Writ De falso judicio lies for him that has received such Judgment in the County Court the form whereof you may see in Fitz. Nat. Er fol. 18. And in the Register fol. 9. b. where it is said this Writ lies for Justice delayed as well as falsly given and that it is a Species of the Writ Recordare Accedas ad Uicecomitem is a Writ directed to the Coroner commanding him to deliver a Writ to the Sheriff who having a Pone delivered him doth suppress it Reg. of Writs fol. 83. Acceptance acceptatio is a taking in good part and a tacite kinde of agreeing to some former Act done by another which might have been undone or avoided if such Acceptance had not been For example if Baron and Feme seized of Land in right of the Feme make a joynt Lease or Feoffment by Deed reserving Rent the Baron dies the Feme accepts or receives the Rent By this the Feoffment or Lease is made good and shall bar her to bring the Writ Cui in vita Coke on Littl. fol. 211. b. Accessory or Accessary particeps criminis most commonly signifies one that is guilty of a felonious offence not principally but by participation as by command advice or concealment and is of two sorts 1. Before the offence or fact is he that commands or procures another to commit Felony and is not himself present but if he be then he is also a Principal 2. After the offence is he that receives assists or comforts any man that has done any Murder or Felony whereof he hath knowledge He who counsels or commands any evil shall be judged accessary to all that follows upon it but not to another distinct thing As I command one to beat another and he beats him so that the other dies of it I shall be accessary to this murder But if I command one to steal a White Horse and he steals a Black one or to burn such a House which he well knows and he burns another I shall not be accessary If I command one to kill I. S. in the Field and he kills him in the City or Church or to kill him at such a day and he kill him on another I shall be accessary nothwithstanding For the killing is the substance and the day place or weapon is but circumstance But if I command one to kill I. S. and before he hath killed him I come and say I am penitent for my malice and charge him not to kill him and yet he kills him I shall not be accessary Where the Principal is pardoned or hath his Clergy the Accessary cannot be arraigned there being a Maxim in the Law Ubi non est principalis non potest esse accessorius For it appears not by the Judgment of Law that he was Principal but if the Principal after Attainder be pardoned or hath his Clergy allowed him there the Accessary shall be arraigned See Sir Edward Cokes 2 Part Institutes fol. 183. In the lowest and highest offences there are no Accessaries but all are Principals as in Riots forcible Entries and other transgressions Vi armis which are the lowest offences So in the highest offence which is crimen laesae Majestatis there are no Accessaries but in Felony there are
both before and after Coke on Litâ—l fol. 71. There cannot be an Accessary before the Fact in Man-slaughter because that is sudden and unprepensed See more in Stamf. Pl. Cor. lib. 1. cap. 45 46 47 48. Accessories in Petit-Treason Felony Murder shall not have their Clergy An. 4 5 Phil. Ma. c. 4. Accompt computus is taken for a Writ or Action which lies against a Bailiff or Receiver who ought to render an account to his Lord or Master and refuseth And by the Statute of Westm 2. cap. 1. if the Accomptant be found in arrear the Auditors that are assigned to him have power to award him to prison there to remain till he makes agreement with the party But if the Auditors will not allow reasonable expence and costs or if they charge him with more Receipts then they ought his next friend may sue a Writ of Ex parte talis out of the Chancery directed to the Sheriff to take four Mainpernors to bring his body before the Barons of the Exchequer and to warn the Lord to appear there at a certain day See Fitzh Nat. Br. fol. 116. Accord Fr. Agreement Concordance Consent Particularly it is an Agreement between two or more where any person is injured by a Trespass Offence or Contract to satisfie and content him with some recompence which if executed and performed shall be a good Bar in Law if the other party after the Accord performed bring any Action for the same Accroche Fr. accrocher To hook clasp or grapple unto It is used Anno 25 Edw. 3. Stat. 3. cap. 8. as Encroach In France even at this day Accrocher un Proces signifies to stay a Suit or to delay the proceeding of it for a time See Encroachment Achat Fr. Achet i. A Bargain or Purchase is used for a Contract or Bargain Brook tit Contract Purveyors were by Parliament 36 Ed. 3. ordained to be then after called Achators Acquietancia de Shiris et Hundredis i. Quod Prior non debet facere sectam ad Comitatum Norwici vol in Hundredo pro Manerio de Rudham cum pertin Ex Regist Priorat de Coke sford Acquietandis plegiis Is a Writ lying for a Surety against the Creditor that refuseth to acquit him after the Debt is paid Reg. of Writs fol. 158. Where it appears that this is a Justicies Acquital from the Fr. acquiter to free acquit or discharge most commonly signifies a Deliverance discharge and setting free from the suspition or guilt of an offence and is twofold Acquittal in Law and Acquittal in Fact Acquital in Law Is when two are appealed or endited of Felony one as Principal the other as Accessary the Principal being discharged the Accessary is by consequence also freed And in this case as the Accessary is acquitted by Law so is the Principal in Fact Stamf. Pl. Cor. fol. 168. Acquital is also where there is a Lord Mesn and Tenant and the Tenant holds Lands of the Mesn and the Mesn holds over of the Lord Paramount Now the Mesn ought to acquit the Tenant of all services claimed by any other for the same Lands for the Tenant must do his service to the Mesn onely and not to divers Lords for one parcel of Land See Coke on Littleton fol. 100. Acquittance acquietantia Is a Release or Discharge of a Debt formerly due But the Verb acquit the Participle acquitted and the Noun acquittal signifie also a discharge or clearing from an offence objected as acquitted by Proclamation Smith de Rep. Angl. p. 76. Stams Pl. Cor. fol. 168. Brook tit Acquittal Acre from the Germ. Acker i. ager Is a parcel of Land containing in length forty Perches and four in bredth or to that quantity be the length more or less And if a Man erect any new Cottage he must lay four Acres of Land to it after this measure Anno 31 Eliz cap. 7. With this measure agrees Crompt in his Jur. of Courts fol. 222. Though he says according to the Custom of divers Countreys the Pearch differs being in some places and most ordinarily but sixteen foot and a half but in Staffordshire twenty four foot as was adjudged in the Case between Sir Edward Aston and Sir John B. in the Exchequer In the Statute concerning sowing Flax 24 Hen. 8. cap. 4. eightscore Perches make an Acre which is forty multiplied by four See also the Ordinance of Measuring Land 31 Edw. 1. Stat. 1. which agrees with this account Action actio is thus defined by Bracton lib. 3. cap. 1. 3. Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur and is divided into personal real and mixt See Cokes 2 Inst fol. 40. Action personal is that which one Man hath against another by reason of any Contract for Money or Goods or for offence done by him or some other person for whose Fact he is by Law answerable Action real is that whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee-simple Fee-tail or for life And every Action real is either Possessory that is of his own Possession or Seisin or ancestrel of the Seisin or Possession of his Ancestor Coke lib. 6. fol. 3. Real Actions as Writs of Right Writs of Entry c. And their several Appendixes as Grand Cape Petit Cape Receit View Aid-Prayer Voucher Counter-plea of Voucher Counter-plea of Warrantry Recovery in value were several great Titles in our Year-Books but now much out of use Preface to Rolls Abridgment Action mixt is that which lies indifferently against the thing detained or against the person of the Detainer and is so called because it hath a mixt respect both to the thing and the person Or as others define it is Sute given by the Law to recover the thing demanded and damages for wrong done As in Assize of Novel Disseisin which Writ if the Disseissor make a Feoffment to another the Disseisee shall have against the Disseisor and the Feoffee or other Ter-Tenant to recover not onely the Land but damages also And so is an Action of Wast and Quare impedit Actions are also divided into Civil Penal and Mixt. Coke Vol. 6. fol. 61. a. Action Civil is that which tends onely to the recovery of that which by reason of any Contract or other like cause is due to us As if a Man by Action seek to recover a sum of Money formerly lent c. Action Penal aims at some penalty or punishment in the party sued be it corporal or pecuniary As in the Action Legis Aquiliae in the Civil Law and with us the next friends of a Man feloniously slain or wounded shall pursue the Law against the offender and bring him to condign punishment Bracton lib. 3. cap. 4. Action Mixt is that which seeks both the thing whereof we are deprived and a penalty for the unjust detaining it As in an Action for Tythe upon the Statute 2 3 Edw. 6. cap. 13. Item est alia Actio
Rex Dover De Adulterio per totam Chent habet Rex hominem Archiepiscopus mulierem excepta terra S. Trinitatis S. Augustini S. Martini de quibus Rex nihil habet Et tit Cistre Civitas Vidua si se non legitimè commiscebat xx s emendebat puella vero x s. The penalty of this sin was called Lairwite by our Saxons See in 2 Part. Cokes Instit the notable Case of Margret the Wife of John de Camois who with the consent of her Husband lived in Adultery with Sir William Panell yet lost her Dower See Dower Rex vic Sutht Praecipimus tibi quod diligenter inquiri facias per legales homines de Visn Candeur si Robertus Pincerna habens suspectum Will. Wake qui cum uxore sua Adulterium committeret prohibuit ei ingressum Domus suae si idem Will. post prohibitionem illam Domus ipsius Roberti ingressus Adulterium praedictum commisit inde praefatus Robertus mentula eum privavit si Inquisitio dederit quod ita sit tunc eidem Roberto suis qui cum eo erant ad hoc faciend terr catalla sua occasione illa in manum nostram saisita in pace esse facias donec aliud inde tibi praecipimus veritatem illius inquisitionis G. fil Petri Justic Baronibus nostris de Scace scire fac Teste G. fil Petri Com. Essex apud Wudestoke 3 Nov. Claus. 14 Joh. m. 2. Ad ventrem-inspiciendum Is a Feminine Writ mentioned in the Statute of Essoyns Anno 12 Edw. 2. See Ventre inspiciendo Advocatione decimarum Is a Writ that lies for the claim of the Fourth Part or upward of the Tythes that belong to any Church Register of Writs fol. 29. b. Adboutry See Adultery Advow alias abow advocare To justifie or maintain an Act formerly done For example One takes a Distress for Rent or other thing and he that is distrained sues a Replevin Now the Distrainet justifying or maintaining the Act is said to Avow Hence comes Advowant and Advowry Old Nat. Br. fol. 43. Bracton useth the Latin word in the same signification as Advocatio disseisinae Lib. 4. cap. 26. And I finde in Cassanaeus de Consuet Burg. pag. 1210. Advobare in the same signification And pag. 1213. the Substantive Desavohamentum for a Disavowing or refusing to Avow Advowe alias avowe advocatus Is used for him that hath right to present to a Benefice Anno 25 Edw. 3. Stat. 5. Where we finde also Advowce Paramount for the highest Patron and is spoken of the King Advocatus est ad quem pertinet jus Advocationis alicujus Ecclesiae ut ad Ecclesiam nomine proprio non alieno possit praesentare Fleta lib. 5. cap. 14. Fitz. Nat. Br. fol. 39. Useth it in the same signification See Avowe Advowee Paramount Statute of Provivisors 25 Edw. 3. Is taken for the King or highest Patron Advowzen advocatio A right to present to a Benefice as much as Jus Patronatus in the Canon Law The reason why it is so termed is Because they that originally obtained the right of presenting to any Church were upholders of or great Benefactors to that Church either by building or increasing it and are therefore sometimes termed Patroni sometimes Advocati sometimes Defensores Cap. 4. 23. De jure Patronatus in Decretal And Advowzen being a Bastard-French word is used for the right of presenting as appears by the Statute of Westminster Anno 13 Edw. 1. cap. 5. Advowzen Is of two sorts Advowzen in Gross that is Sole not adhering to any Mannor as parcel of its right and Advowzen Appendant which depends upon a Mannor as appurtenant to it termed by Kitchin an Incident that may be separated from the Subject Of this Skene De verbor sign hath these words Dicitur Advocatio Ecclesiae vel quia Patronus alicujus Ecclesiae ratione sui juris advocat se ad eandem Ecclesiam asserit se in eadem habere jus Patronatus eamque esse sui quasi clientis loco vel potius cum aliquis nempe Patronus advocat alium jure suo ad Ecclesiam vacantem eumque loco alterius veluti defuncti praesentat quasi exhibet Aelmefeoh Pecunia eleemosynaria scilicet denaria Sancti Petri. See Almsfeob Aetate probanda Is a Writ that the Kings Tenant holding in chief by Chivalry and being Ward by reason of his nonage obtained to the Escheator of the County where he was born or sometimes where the Land lay to enquire whether he were of full age to take his Lands into his own hands Register of Writs fol. 294. Fitz. Nat. Br. fol. 253. Now disused Aery or Airy of Goshawks Fr. aire Is the proper word in Hawks for that we generally call a Nest in other Birds So it is used Anno 9 Hen. 3. cap. 13. in the Charter of the Forest and in divers other places Aesnecy See Esnecy Affeerers afferatores probably from the Fr. affier i. To confirm or affirm are those that are appointed in Court Leets upon Oath to settle and moderate the Fines of such as have committed faults arbitrarily punishable and have no express penalty set down by Statute The Form of their Oath you may see in Kitchin fol. 46. The reason of this appellation seems to be because those that are appointed to this Office do affirm upon their Oaths what penalty they think in Conscience the Offender hath deserved We finde this word used Anno 25 Edw. 3. Stat. 7. viz. The same Justices before their rising in every Sessions shall cause the Amerciaments so be affiered And to the same effect Anno 26 Hen. 6. cap. 6. Kitchin fol. 78. joyns these three words as Synonima's Affidati Amerciatores Affirores Bracton hath Affidare mulierem to be betrothed to a Woman Lib. 2. cap. 12. But I finde in the Customary of Normandy cap. 20. This word affeurer which the Latin Interpreter expresseth by taxare that is to set the price of a thing as aestimare indicare c. Which etymology seems to be the best Affidatus Signifies a Tenant by Fealty Ego Rogerus de Fâ—â—hid dedi c. Wil. Wa lensi pro suo servitio unam acram perchiam terrae c. Pro hac donatione concessione devenit praedictus Wil. Affidatus meus c. Affidati non proprie vassalli sunt sed quasi Vassalli qui in alicujus fidem clientelam sunt recepti recommendati dicti Laurentii Amalthaea Affidatio accipitur pro mutua fidelitatis connexione tam in Sponsaliis quam inter Dominum Vassallum Proles de affidata non maritata non est haeres M. S. Penes Arth. Trevor Ar. Affirm affirmare Signifies to ratisie or confirm a former Law or Judgment So is the Substantive Affirmance used Anno 8 Hen. 6. cap. 12. And so is the Verb it self by West parte secunda Symbol tit Fines sect 152. If the Judgment be affirmed c. As also by Crompton in his Jurisd fol. 166.
Portion See Gerard du Heylan Spel. Glossar in voce Appennagium Appertinances pertinentia Are things both Corporal belonging to another thing as to the more principal as Hamlets to a cheif Mannor Common of Pasture Turbary Piscary and such like and Incorporeal as Liberties and Services of Tenants Brit. cap. 39. Where it may be observed That he accounts Common of Pasture Turbary and Piscary to be things Corporal See Common Apportionment apportionamentum Is a dividing of a Rent into parts according as the Land whence the whole Rent issues is divided among two or more As if a Man have a Rent-service issuing out of Land and he purchaseth part of the Land the Rent shall be apportioned according to the value of the Land So if a Man let Lands for years reserving Rent and after a stranger recovers part of the Land the Rent shall be apportioned But a Rent-charge cannot be apportioned nor things that are entire As if one hold Land by service to pay to his Lord yearly at such a Feast a Horse or Rose there if the Lord purchase part of the Land this service is totally extinct because such things cannot be divided without hurt to the whole Yet in some Cases a Rent-charge shall be apportioned as if a Man hath a Rent-charge issuing out of Land and his Father purchaseth part of the Land charged in Fee and dies and this parcel descends to his Son who hath the Rent-charge there this Charge shall be apportioned according to the value of the Land because such portion of the Land purchased by the Father comes not to the Son by his own Act but by descent and course of Law Common Appendant is of common right and severable and though the Commoner in such case purchase parcel of the Land wherein the Common is Appendant yet the Common shall be apportioned But in this case Common Appurtenant and not Appendant by such Purchase is extinct Coke lib. 8. fol. 79. Apposer See Forein Apposer Apprendre Fr. As Fee or Profit Apprendre Anno 2 3 Edw. 6. cap. 8. Fee or Profit to be taken or received Apprentice Fr. apprenti and that from apprendre to learn whence their apprentisage and our apprentiship Is one that is bound by Covenant to serve a Tradesman or Artificer a certain time for the most part seven years upon condition That the Master shall during that time instruct him in his Art or Mystery Sir Tho. Smith in his Rep. Angl. lib. 3. cap. 8. says They are a kinde of Bondmen differing onely in that they are servants by Covenant and for a time Anciently Barrasters were called Apprentices of the Law As appears by Mr. Seldens Notes upon Fortescu p. 3. So the Learned Plowden stiled himself Sir Henry Finch in his Nomotechnia writes himself Apprentice del Ley and Sir Edward Coke in his 2 Part. Instit fol. 564. says Apprenticii Legis in pleading are called Homines consiliarii in Lege periti And in another place Apprentices and other Counsellors of Law Appropriation appropriatio from the Fr. approprier i. aptare accomodare Signifies the severing of a Benefice Ecclesiastical which originally and in nature is Juris Divini in Patrimonio nullius to the proper and perpetual use of some Religious House Bishoprick College c. So called because Parsons not being ordinarily accounted Domini but usufructarii having no right of Fee-simple are by reason of their perpetuity accounted owners of the Fee-simple and therefore called Proprietarii Before the time of Richard the Second it was lawful as it seems to appropriate the whole Fruits of a Benefice to an Abbey or Priory they finding one to serve the Cure But that King ordained That in every Licence of Appropriation made in Chancery it should expresly be contained That the Diocesan of the place should provide a convenient sum of money to be yearly paid out of the Fruits towards the sustenance of the poor in that Parish and that the Vicar should be well and sufficiently endowed Anno 15 Rich. 2. cap. 6. To make an Appropriation after Licence obtained of the King in Chancery the consent of the Diocesan Patron and Incumbent are necessary if the Church be full if it be void the Diocesan and the Patron upon the Kings Licence may conclude it Plowden in Grendons Case fol. 496. To dissolve an Appropriation it is enough to present a Clerk to the Bishop and he to institute and induct him For that once done the Benefice returns to the former nature Fitz. Nat. Br. 35. and Coke lib. 7. fol. 13. Approvement Anno 43 Eliz. cap. 11. Is the same with improvement but it is more particularly used for the enclosing part of a Common by the Lord of the Mannor leaving sufficient nevertheless for the Commoners Approver approbator Is one that confessing Felony committed by himself appeals or accuses others to be guilty of the same and is so called because he must prove that which he hath alleaged in his Appeal This Proof is by Battle or by the Countrey at his election that appealed The Form of this Accusation you may in part gather by Cromptons Justice of Peace fol. 250. 251. That it is done before the Coroner either assigned to the Felon by the Court to take and record what he saith or else calâ—ed by the Felon himself and required for the good of the Commonwealth to do so The Approvers Oath when he begins the Combat you may see in the last Page of Crompton as also the Proclamation by the Herauld Of the Antiquity of this Law read at large Bracton lib. 3. Tract 2. cap. 21. 34. Stamf. Pl. Cor. lib. 2. cap. 52. cum seq And 3 Part. Instit fol. 129. See Prover Approvers of the King Approbatores Regis Are those that have the letting of the Kings Demeans in small Mannors to his best advantage Anno 51 Hen. 3. Stat. 5. And in the Statute of 1 Edw. 3. cap. 8. the Sheriffs call themselves the Kings Approvers Approve approhare To augment or as it were to examine to the utmost For example To approve Land is to make the best benefit of it by increasing the Rent c. Anno 9 Hen. 6. cap. 10. Bailiffs of Lords in their Franchises are called their Approvers and by what follows you may see what kinde of Approvers or Improvers were formerly in the Marches of Wales authorized by the Prince thereof Richard de Lyngein Emprover desuth Commission nostre tre dout Seigneur le Prince deins le Counte de Hereford le Marches adjoygnant a toutz y ceux qui cests Letters verront ou orront salutz Sachez moy aver grant a une Janin de Brompton loyal leige home nostre Seigneur le Roy a ses servants de vendre acheter bests berbez deins le Counte de Hereford le Marche adjoygnant sans empechement ou arrest de nulluy come loyal leige hommes a son propre use encrese sans refreshmente des Rebels de Gales
Kitchin fol. 79. There is another difference in that an Arrest lies onely upon the Body of a Man and an Attachment sometimes on his Goods which makes it in that particular differ from a Capias in being more general For a man may be attached by an hundred Sheep Kitchin fol. 263. but the Capias takes hold of the Body onely See Skene Verbo Attachiamentum Attachment by Writ differs from a Distress or Distringas in this That an Attachment reacheth not to Lands as a Distress doth and that a Distress toucheth not the Body if it be properly taken as an Attachment doth yet are they divers times confounded as may appear by Glanvil lib. 10. cap. 3. and Fleta lib. 2. cap. 66. Howbeit in the most common use an Attachment is an apprehension of a Man by his Body to bring him to answer the Action of the Plaintiff A Distress without a Writ is the taking of a Mans Goods for some real cause as Rent Service or the like whereby to force him to Replevy and so to be Plaintuff in an Action of Trespass against him that distrained him See Distress Attachment out of the Chancery is had of course upon an Affidavit made That the Defendant was served with a Subpaena and appears not or issueth upon not performing some Order or Decree After the return of this Attachment by the Sheriff Quod non est inventus in Baliva sua Another Attachment with Proclamation issues out against him and if he appears not thereupon then a Writ of Rebellion West part 2. Symbol tit Proceedings in Chancery Attachment of Priviledge Is by vertue of a Mans Priviledge to call another to that Court whereto he himself belongs and in respect whereof he is priviledged to answer some Action New Book of Entries Verbo Priviledge fol. 431. Forein Attachment Is an Attachment of Goods or Money found within a Liberty or City to satisfie some Creditor of his within such City or Liberty And by the Custom of some places as London c. a Man may attach Money or Goods in the hands of a Stranger whilest he is within their Liberty As if A ows B 10 l. and C ows A 10 l. B may attach this 10 l. in the hands of C to satisfie himself for the Debt due from A. See Calthrops Reports pag. 66. There is likewise an Attachment of the Forest which is one of the Three Courts there held The lowest is called the Attachment the mean Swainmote the highest the Justice in Eyrs seat This Court of Attachment seems to be so called because the Verderors of the Forest have therein no other Authorty but to receive the Attachments of Offenders against Vert and Venison taken by the rest of the Officers and to enrol them that they may be presented or punished at the next Justice Seat Manwood part 1. pag. 93. And this Attaching is by three means By Goods and Chattels by Body Pledges and Mainprize or by the Body onely The Court is kept every Forty days throughout the year See Crompton in his Court of the Forest The diversity of Attachments you may see in Register of Writs under the word Attachiamentum in Indice Attaint attincta As it is a Substantive is used for a Writ that lies after Judgment against a Jury that hath given a false Verdict in any Court of Record be the Action Real or Personal if the Debt or Damages surmount the sum of 40 s. What the Form of the Writ is and how in use is expressed in Fitz. Nat. Br. fol. 105. and New Book of Entries fol. 84. The reason why it is so called is because the party that obtains it endeavors thereby to touch or stain the Jury with Perjury by whose Verdict he is grieved And if the Verdict be found false then the Judgment anciently was That the Jurors Meadows should be ploughed up their Houses broke down their Woods grubbed up and all their Lands and Tenements forfeited to the King But if it pass against him that brought the Attaint he shall be imprisoned and grievously ransomed at the Kings Will. See Glanvile lib. 2. cap. 19. Smith de Repub. Angl. lib. 3 cap. 2. 11 Hen. 7. cap. 21 23 Hen. 8. cap. 3. In what diversity of Cases this Writ is brought see Reg. of Writs in Indice It was anciently called Breve de Convictione See Coke on Littl. fol. 294. b. Attainted attinctus Is used particularly for such as are found guilty of some crime or offence and especially of Felony or Treason Yet a Man is said to be attainted of Disseisin Westm 1. cap. 24 36. Anno 3 Edw. 1. And so it is taken in French as Estre attaint vayncu en aucun case i. to be cast in any case Britton cap. 75. uses the Participle Attaint in the sence we say attained unto A Man is attainted by two means by Appearance or by Process Stanf. Pl. Cor. fol. 44. Attainder by Appearance is by Confession by Battle or by Verdict Confession whereof Attaint grows is twofold one at the Bar before the Judges when the Prisoner upon his Indictment read being asked guilty or not guilty answers guilty never putting himself upon the Jury the other is before the Coroner in Sanctuary where he upon his Confession was in former times constrained to abjure the Realm which kinde also of the effect is called Attainder by Abjuration Stanf. fol. 182. Attainder by Battle is when the party appealed by another and chusing to try the truth by Combat rather then by Jury is vanquished Attainder by Verdict is when the Prisoner at the Bar answering not guilty to the Indictment hath an Enquest of Life and Death passing upon him and is by their Verdict pronounced guilty Idem f. 108 192. Attainder by Process otherwise called Attainder by Default or Attainder by Outlary is where a party flies or doth not appear until he hath been five times called publickly in the County Court and at last upon his default is pronounced or returned Outlawed The same Author fol. 108. makes a difference between Attainder and Conviction with whom agrees the Statute Anno 34 35 Hen. 8. cap. 14. and Anno 1 Edw. 6. cap. 12. in these words That then every such Offender being duly thereof convicted or attainted by the Laws of this Realm c. And I finde by Stanf. Pl. Cor. fol. 66. That a Man by our ancient Laws was said to be convicted presently upon the Verdict guilty but not to be attainted until it appeared he was no Clerk or being a Clerk and demanded by his Ordinary could not purge himself And in one word it appears That Attainder is larger then Conviction Conviction being onely by the Jury And Attainder is not before Judgment Perkins Grants num 27 29. Yet it appears by Stanf. fol. 9. that Conviction is sometimes called Attainder For there he says the Verdict of the Jury does either acquit or attaint a Man And so it is Westm 1. cap. 14. This
ancient Law touching the Conviction and Purgation of Clerks is altered by 23 Eliz. cap. 2. as you may read in Clergy Attainder attincta and attinctura Is when a Man hath committed Treason or Felony and after Conviction Judgment hath passed upon him The Children of a person Attainted of Treason cannot be Heirs to him or any other Ancestor And if he were noble and gentle before he and his posterity are made base and ignoble This corruption of Blood cannot be salved but by Act of Parliament See Attainted and Felony Attendant attendens Signifies one that ows a duty or service to another or depends on him For example there is Lord Mesn and Tenant the Tenant holds of the Mesn by a penny the Mesn holds over by two pence The Mesn releases to the Tenant all the right he hath in the Land and the Tenant dies his Wife shall be endowed of the Land and she shall be Attendant to the Heir of the third part of the penny and not of the third part of the two pence For she shall be endowed of the best Possession of her Husband And where the Wife is endowed by the Guardian she shall be Attendant to the Guardian and to the Heir at his full age Kitchin fol. 209. With whom agrees Perkins in Dower 424. Attermining Also such as will purchase attermining of their Debts shall be sent into the Exchequer Ordinatio de libertatibus perquirendis Anno 27 Edw. 1. It comes from the Fr. Attermoye i. That hath a term or time granted for the payment of a debt So in this Statute it seems to signifie the Purchasing or gaining a longer time for payment of a debt Atterminent quaerentes usque in proximum Parliamentum Westm 2. cap. 24. Atturney atturnatus Is he that is appointed by another Man to do any thing in his stead as much as Procurator or Syndicus in the Civil Law West defines them thus Atturneys are such persons as by the Consent Commandment or Request of others see to and take upon them the charge of their business part 1. Symbol lib. 2. sect 559. In ancient time those of Authority in Courts had it in their power whether to suffer men to appear or sue by another then themselves as is evident by Fitz. Nat. Br. fol. 25. in the Writ Dedimus potestatem de Attornato faciendo where it is shewed That Men were driven to procure the Kings Writs or Letters Patent to appoint Atturneys for them but it is since provided by Statutes that it should be lawful so to do without any such circuit as appears by 20 Hen. 3. cap. 10. 6 Edw. 1. c. 8. 27 ejusdem Stat. 2. 12 Edw. 2. cap. 1. 15 ejusdem cap. unico 7 Rich. 2. cap. 14. 7 Hen. 4. cap. 13. 3 Hen. 5. cap. 2. 15 Hen. 6. cap. 7. and 17 Hen. 7. cap. 2. And you may see great diversity of Writs in the Table of the Register wherein the King by his Writ commands the Judges to admit of Atturneys whereby there grew at last so many unskilful Atturneys and so many mischiefs by them that for restraining them it was enacted 4 Hen. 4. cap. 18. that the Justices should examine them and displace the unskilful And again 33 Hen. 6. cap. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a Man at this day may have an Atturney and in what not see Fitz. ubi supra Atturney is either general or special Atturney General is he who by general Authority is appointed to manage all our Affairs or Suits As the Atturney General of the King which is as much as Procurator Caesaris was in the Roman Empire Atturney General of the Duke Cromp. Juris fol. 105. Atturney Special or Particular is he that is employed in one or more causes particularly specified of whom you may read more at large in Glanvile lib. 11. cap. 1. and Britton cap. 126. There are also in respect of the divers Courts Atturneys at large and Atturneys special belonging to this or that Court onely The name is borrowed of the Normans as appears by the Customary cap. 65. Our old Latin word for it seems to be Responsalis Bracton lib. 4. cap. 31. Atturney of the Court of the Dutchy of Lancaster Atturnatus Curiae Ducatus Lancastriae Is the second Officer in that Court and seems for his skill in Law to be there placed as Assessor to the Chancellor of that Court being for the most part some Honorable Person and chosen rather for some especial trust reposed in him to deal between the King and his Tenants than for any great Learning as was usual with the Emperors of Rome in the choice of their Magistrates Attournment from the Fr. Tourner i. vertere Is an acknowledgment of the Tenant to a new Lord. As when one is Tenant for Life and he in Reversion grants his right to another it is necessary the Tenant for Life agree thereto which is called Attornment without which nothing passeth by the grant But if the Grant be by Fine in Court of Record he shall be compelled to Attourn Stat. 27 Hen. 8. cap. 16. The words used in Attournment are these I agree me to the Grant made to you or more commonly Sir I attourn to you by force of the same Grant or I become your Tenant or deliver to the Grantee a penny by way of Attournment Littl. lib. 3. cap. Attournment where you may finde divers other Cases whereto Attournment appertains and that it is the transposing those duties which the Tenant owed his former Lord to another as his Lord. Attournment is either by word or by act voluntary or compulsory by the Writ Per quae servitia Old Nat. Br. fol. 155. or sometimes by Distress Fitz. Nat. Br. fol. 147. It may be made to the Lord himself or to his Steward in Court Kitchin fol. 70. There is Attournment in Deed and Attournment in Law Coke vol. 6. fol. 113. a. Attournment in Law is an Act which though it be no express Attournment yet in intendment of Law it is of equal force Coke on Littl. fol. 309. Atturnato faciendo vel recipiendo Is a Writ which a Man owing sute to a County Hundred or other Court and desiring to make an Atturney to appear for him there whom he doubts the Sheriff or Steward will not otherwise admit purchaseth to command him to receive such a Man for his Atturney and admit his appearance by him The form and other Circumstances whereof See in Fitz. Nat. Br. fol. 156. Avage or Avisage Is a Rent or Payment which every Tenant of the Mannor of Writtel in Essex upon St. Leonards day 6 Novemb. pays to the Lord viz. for every Pig under a year old ob for every yearling Pig 1 d and for every Hog above a year old 2 d for the priviledge of Pawnage in the Lords Woods Tob. Edmonds Gen. Senescal ibidem Audience Court Curia Audientiae Cantuariensis Is a Court belonging to the
Land c. and the Fee passeth though it be not said in the Deed To have and to hold to him and his heirs and though there be no Livery and Seisin given by the Vendor so it be by Deed indented sealed and enrolled either in the County where the Land lies or in one of the Kings Courts of Record at Westminster within six moneths after the date of the Deed. 27 Hen. 8. cap. 16. Such Bargain and Sale may also be made by Lease and Release without either Livery or Enrolment Barkary barkaria corticulus A Tan-house Heath-house or House to keep Bark in New Book of Entries tit Assise corp Polit. 2. Baron baro Hath divers significations First it is a degree of Nobility next a Viscount Bracton Lib. 1. cap. 8. numb 4. says Sunt alii Potentes sub Rege qui dicuntur Barones quasi robur belli In which signification it agrees with other Nations where Baroniae are as much as Provinciae So as Barons are such as have the Government of Provinces as their Fee holden of the King some having greater some lesser authority within their Territories Yet it is probable that of old here in England all those were called Barons that had such Seigniories or Lordships as we now call Court Barons who are at this day called Seigneurs in France And the Learned in our Antiquities have informed us That not long after the Conquest all such came to the Parliament and sate as Peers in the Lords House But when by experience it appeared that the Parliament was too much thronged with such multitudes it was in the Reign of King John ordained That none but the Barones Majores should for their extraordinary wisdom interest or quality be summoned to Parliament After that again Men seeing this estate of Nobility to be but casual and depend meerly upon the Princes pleasure they sought a more certain hold and obtained of the King Letters Patent of this Dignity to them and their Heirs-male who were called Barons by Letters Patent or by Creation whose posterity are now by inheritance and true descent of Nobility those Barons that are called Lords of the Parliament of which kinde the King may create at his pleasure Nevertheless there are yet Barons by Writ as well as Barons by Letters Patent Those Barons who were first by Writ may now justly also be called Barons by Prescription for that they and their Ancestors have continued Barons beyond the Memory of Man The original of Barons by Writ Camden in his Britan. pag. 109. refers to Henry the Third Barons by Letters Patent or Creation commenced 11 Rich. 2. The manner of whose Creation read in Seldens titles of Honor fol. 687. Ferns Glory of Generosity pag. 125 126. To these Seager lib. 4. cap. 13. Of Honor Civil and Military adds a third kinde of Baron calling them Barons by Tenure which are some of our Ancient Barons and likewise the Bishops who by vertue of Baronies annexed to their Bishopricks always had place in the Lords House of Parliament and are termed Lords Spiritual Baron in the next signification is an Officer as Barons of the Exchequer of whom the principal is called Lord chief Baron Capitalis Baro and the three other are his Assistants in Causes of Justice between the King and his Subjects touching matters appertaining to the Exchequer and the Kings Revenue The Lord Cheif Baron is the cheif Judge of the Court and in Matter of Law Information and Plea answers the Bar and gives order for Judgment thereupon He alone in the Term time sits upon Nisi prius that come out of the Kings Remembrancers Office or out of the Office of the Clerk of the Pleas which cannot be dispatched in the mornings for want of time He takes Recognizances for the Kings Debts for appearances and observing orders He takes the presentation of all the Officers in Court under himself and of the Lord Major of London and sees the Kings Remembrancer give them their Oaths He takes the Declaration of certain Receivers accompts of the Lands of the late Augmentation made before him by the Auditors He gives the two Parcel-makers places by vertue of his Office The second Baron in the absence of the Lord cheif Baron answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major of London for the true accompt of the profits of his Office He takes certain Receivers accompts and examines the Letters and Sums of such Sheriffs Forein Accompts as also the Accompts of Escheators and Collectors of Subsidies and Taxes as are brought him by the Auditor of the Court. The third Baron in the absence of the other two answers the Bar and takes Recognizances as aforesaid He gives yearly the Oath to the late Major and Gawger of London for his true accompting He also takes certain Receivers Accompts and examines the Letters and Sums of such of the former Accomptants as are brought unto him The fourth Baron is always a Cursitor of the Court at the days prefixed he takes Oath of all High Sheriffs and their Under Sheriffs Bailiffs and other Accomptants for their true accompting He takes the Oath of all Collectors Comptrollers Surveyors and Searchers of the Custom-houses that they have made true Entrances in their Books He apposeth all Sheriffs upon their Summons of the Pipe in open Court and informs the rest of the Barons of the Course of the Court in any Matter that concerns the Kings Prerogative He likewise examines such Accompts as are brought to him These Barons of the Exchequer are ancient Officers for I finde them named in Westm 2. cap. 11. Anno 13 Edw. 1. and they are called Barons because Barons of the Realm were wont to be employed in that Office Fleta lib. 2. cap. 24. Their Office is to look to the Accompts of the Prince and to that end they have Auditors under them as also to decide all Causes appertaining to the Kings Revenue coming into the Exchequer by any means as in part is proved by the Statutes of 20 Edw. 3. cap 2. and 27 ejusdem Stat. 2. cap. 18. 5 Rich. 2. Stat. 1. cap. 9. and 12 14 ejusdem cap. 11. Whereupon they have been of late persons learned in the Laws whereas in ancient time they were Majores Discretiores in Regno sive de Clero essent sive de Curia There are also Barons of the Cinque Ports Anno 31 Edw. 3. Stat. 2. cap. 2. and 33 Hen. 8. cap. 10. which are two in every of these Towns Hastings Winchelsey Rye Rumney Hithe Dover and Sandwich who have places in the Commons House of Parliament See Seldens Titles of Honor at large sol 687. seq Baron in the third signification is used for the Husband in relation to his Wife The cheif Magistrates of London were also called Barons before there was a Lord Major as appears by the City Seal as also by their ancient Charters Henricus 3 Rex Sciatis nos concessisse
hac prâ—senti Carta nostra confirmasse Baronibus nostris de Civitate nostra London quod elegant sibi Mayer de seipsis singulis annis c. See Spelmans Gloss at large upon this word Baronet Baronettus Is a dignity or degree of Honor which hath precedency before all Banerets Knights of the Bath and Knights-Batchelors except such Banerets as are made Sub vexillis Regiis in exercitu Regali in aperto bello ipso Rege personaliter prâ—sente This Order of Baronets King James created in the year 1611. with such precedency as abovesaid and other priviledges c. as may appear in Rot. Fat 10 Jac. part 10. m. 8. 14 Jac. par 2. m. 24. with an Habendum sibi Haeredibus masculis c. See Baneret Where Baronets are mentioned in our old Statutes and ancient Authors it is mistaken for Banerets 2 Inst fol. 667. And Seldens Titles of Honor fol. 736. Barony Baronia Is the Dignity Territory and Fee of a Baron under which notion are comprehended not onely the Fees and Lands of Temporal Barons but of Bishops also who have two estates one as they are Spiritual Men by reason of their Spiritual Revenues and Promotions as was the Tribe of Levi among the Israelites The other grew from the bounty of our English Kings whereby they have Baronies and Lands so called and are thereby Barons or Lords of Parliament This Barony as Bracton says Lib. 2. cap. 34. Is a right indivisible and therefore if an Inheritance be to be divided among Coparceners though some capital Messuages may be divided yet Si capitale Messuagium sit caput Comitatus vel caput Baroniae they may not be parcelled The reason is Ne sic caput per plures particulas dividatur plura jura Comitatuum Baroniarium deveniant ad nihilum per quod deficiat regnum quod ex Comitatibus Baroniis dicitur esse constitutum The Mannor of Burford in the County of Salop was found by Inquisition capt 40 Edw. 3. Teneri de Rege ad inveniâ—ndos 5 homines pro Exâ—rcitu Walliae per servitium Baroniae and the Lord thereof Sir Gilbert Cornwal is called Baron of Burford but is no Baron of Parliament Barrator or Barater Fr. Barateur i a Deceiver Is a common mover or maintainer of Suits Quarrels or Parts either in Courts or elswhere in the Country and is himself never quiet but at variance with one or other Qui cum Terentiano Davo omnia perturbat To this purpose read Lamb. Eiren. pag. 342. who says also That Barrettor for so he writes it may come from the Latin Baratro or Balatro a vile Knave or 〈…〉 hrift and by a Metaphor a Spot in a Commonwealth See the Statute of Champerty 33 Edw. 1. Stat. 2. and Westm 1. cap. 32. Skene in the word Barratry says That Barrators are Symonists so 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 Tract de Brachio Regio parte 5. num 66. Barraster Barrasterius Repagularis Causidicus See Utter-Barraster Barre Fr. Barriere or Barre Signifies legally a destruction for ever or taking away for a time the action of him that hath right and it is called a Plea in Bar when such a Bar is pleaded Coke on Littl. fol. 372. Plowden in Colthirsts Case fol. 26 28. And Brook tit Barre num 101. and 5 Hen. 7. fol. 29. This word is also used for a Material Bar as the place where Serjeants at Law or Counsellors stand to plead Causes in Court or Prisoners to answer their Indictments whence our Lawyers who are called to the Bar or Licensed to plead in other Countreys called Licenciati are termed Barrasters 24 Hen. 8. cap. 24. See Blank-bar Bar Fee Is a Fee of xx d which every Prisoner acquitted of Felony pays to the Goaler Crompt Just of Peace fol. 158. Barrel Is a Measure of Wine Oyl c. containing the eighth part of a Tun the â—ourth of a Pipe and the moyety of a Hogshead that is Thirty one Gallons and a half Anno 1 Rich. 3. cap. 13. But the quantity of this Vessel seems to differ according to the Liquor for a Barrel of Beer contains Thirty six Gallons the Kilderkin Eighteen and the Firkin Nine A Barrel of Ale Thirty two Gallons the Kilderkin Sixteen and the Firkin Eight Anno 23 Hen. 8. cap. 4. and 12 Car. 2. cap. 23. The said Assise of 32 Gallons of Wine-measure which is about 28 Gallons of old Standard well packed and containing in every Barrel usually a thousand full Herrings at least is and shall be taken for good true and lawful Assise of â—erring Barrels Anno 13 Eliz. cap. 11. Barriers Fr. Barrieres Signifies with us that which the French call Jeu de Barres i. Palaestram A Martial Exercise of Men armed and sighting together with short Swords within certain Bars or Rails whereby they are severed from the Beholders now disused Barter from the Span. Baratar i. To sell cheap or to deceive or cheat in Bargaining Signifies with us to exchange one commodity for another to truck Wares for Wares Anno 1 Rich. 3. cap. 9. And so Bartry the Substantive 13 Eliz. cap. 7. The reason may be because they that chop and change in this manner do endeavor for the most part one to over-reach or deceive the other See Barrator Barton In Devonshire and the West of England Is used for the Demesn Lands of a Mannor for the Mannor-house it self and in some places for Out-houses and Fold-yards In the Statute 2 3 Edw. 6. cap. 12. Barton Lands and Demesn Lands are used as Synonima's See Berton Base Court Fr. Cour Basse Is any Coâ—rt not of Record as the Court Baron Of this read Kitchin fol. 95 96 c. Base Fee See Base Estate Base Estate Fr. Bas Estat Signifies that Estate which Base Tenants have in their Lands Base Tenants are those according to Lamb. verbo Paganus who perform inferior Villanous service to their Lords Kitchin fol. 41. makes base-Base-tenure and Frank-tenure to be contraries and puts Copiholders in the number of Base Tenants whence it may be gathered that every Base Tenant holds at the will of the Lord yet that there is a difference between a Base Estate and Villenage which Fitzherbert in his Nat. Br. fol. 12. seems to confound For to hold in pure Villenage is to do all that the Lord will command him So that if a Copiholder have but Base Estate he not holding by the performance of every Commandment oâ— his Lord cannot be said to hold in Villenage Whether it may be said That Copiholders are by custom and continuance of time grown out of that extream servitude wherein they were first created I leave to others of better Judgment since Fitâ—â— loco â—itato says Tenure by Copy is but of late time Basels Baselli A sort of Coyn alâ—olished
Licence granted at the Custom-house to Merchants or others to carry over such Stores or Provision as are necessary for their Voyage Custom-free Bill of Sufferance Is a Licence granted at the Custom-house to a Merchant to suffer him to trade from one English Port to another without paying Custom Anno 14 Car. 2. cap. 11. Billa vera Lat. The Bill is true The Grand Enquest Empanelled and sworn before the Justices of Eyre c. Endorsing a Bill whereby any crime punishable in that Court is presented to them with these two words signifie thereby that the presentor hath furnished his presentment with probable Evidence and worthy further consideration Whereupon the party presented is said to stand indicted of the Crime and tied to make answer to it either by confessing or traversing the Indictment And if the Crime touch his Life it is yet referred to another Enquest called the Enquest of Life and Death by whom if he be found guilty then he stands convict of the Crime and is by the Judge to be condemned to Death See Ignoramus and Indictment Billets of Gold Fr. Billot Wedges or Ingots of Gold mentioned 27 Edw. 3. Stat. 2. cap. 14. Bissextile Bissextilis Leap-year so called because the sixth Calends of March are in that year twice reckoned viz. On the 24 25 of February So that Leap-year hath one day more than other years and is observed every fourth year being first devised by Julius Caesar to accommodate the year with the course of the Sun And to prevent all doubt and ambiguity that might arise hereupon it is provided by the Statute de Anno Bissextili 21 Hen. 3. That the day increasing in the Leap-year and the day next before shall be accounted for one day c. Britton fol. 209. and Dyer 17 Eliz. 345. Birlaw See Bilaw and Byrlaw Black maile Fr. Maille i A Link of Mail or a small piece of Metal or Money Signifies in the Counties of Cumberland Northumberland and Westmerland a certain rate of Money Corn Cattle or other consideration paid to some inhabiting upon or near the borders being persons of name and power allied with certain Moss-Troopers or known Robbers within the said Counties to be thereby by them freed and protected from the danger of those Spoil-takers Anno 43 Eliz. cap. 13. See Mail. Black Rod or Gentleman-Usher of the Black Rod is cheif Gentleman Usher to the King He is called in the Black Book fol. 255 Lator virgae nigrae and Hostiarius and elswhere Virgi-bajulus His duty is Ad port andam Virgam coram Domino Rege ad Festum Sancti Georgii infra Castrum de Windesore He hath also the keeping of the Chapter-house Door when a Chapter of the Order of the Garter is sitting and in the time of Parliament attends on the House of Peers He hath a like habit with the Register of the Order and Garter King of Arms which he wears at the Feast of S George and all Chapters He bears a Black Rod on the top whereof sits a Lion Gold which Rod is instead of a Mace and hath the same power and authority His Fee is now 30 l. per annum This Officer hath been anciently constituted by Letters Patent under the Great Seal Blade Bladum Fr. Bled Nostro foro de segete tantum intelligitur praesertim etiam in herba Spel. But the Saxon Blaed signifies more generally Fruit Corn Hemp Flax Herbs c. or the Branches or Leaves of Trees or Herbs Universis Wil. de Mohun salutem Sciatis me relaxasse quietum clamasse Domino Reginaldo de Mohan fratri meo totum Manerium meum de Torr Salvo mihi instauro meo blado c. sine dat i. e. Excepting my Stock and Corn on the Ground Hence Bladier is taken for an Ingrosser of Corn or Grain Sciant quod ego Willielmus Alreton consensu voluntate Beatriciae Uxoris meae Dedi Agathae Gille pro duabus Marcis Argenti una mensura bladi duas solidatas reditus in villa Leominstr illas scil quas Walterus de Luda solebat mihi reddere pro quadam terra quae est inter soldas Adae Talcurteis Feodum Johannis Rading Habend c. sinc dat Ex libro Cartar Priorat Leominstriae Blancks Fr. Blanc i. candidus A kinde of Money coyned by King Henry the Fifth in the parts of France which were then subject to England the value whereof was 8 d. Stows Annals pag. 586. These were forbidden to be current in this Realm 2 Hen. 6. cap. 9. The reason why they were called Blanks was because at the time these were coyned in France there was also a piece of Gold coyned called a Salus from which this of Silver was in name distinguished by the colour Blanck-Bar Is the same with that we call a Common Bar and is the name of a Plea in Bar which in an Action of Trespass is put in to compel the Plaintiff to assign the certain place where the Trespass was committed It is most used by the practisers in the Common Bench for in the Kings Bench the place is commonly ascertained in the Declaration Croke 2 Part. fol. 594. Blench To hold Land in Blench is by payment of a Penny Rose Pair of Gilt Spurs or such like thing if it be demanded In name of Blench i. Nomine albae firmae See Alba firma Blockwood See Logwood Blomary Anno 27 Eliz. cap. 19. The first Forge man Iron Mill through which the Iron passeth before it comes to the Finary Bloated Fish or Herring Anno 18 Car. 2. cap. 2. Are those which are half-dried Bloudy-hand See Backberend Bloudwit or Blodwite compounded of two Saxon words Blod i. sanguis and wita mulcta Is a word used in ancient Charters of Liberties and signifies an Amercement for shedding Blood so that whosoever had it given him in his Charter had the penalty due for Blood-shed Skene writes it Bloudveit and says veit in English is injuria and that Bloudveit is an Amerciament or unlaw as the Scotch call it for wrong or injury as Bloodshed is For he that hath Bloodveit granted him hath free liberty to take all Amerciaments of Courts for Effusion of Blood Fleta says Quod significat quietantiam misericordiae pro effusione sanguinis Lib. 1. cap. 47. Blodwite i. Si aliqui pugnantes ad invicem in Rudnam extraxerint sanguinem Prior habebit inde amerciamenta in Curia sua Ex Reg. Priorat de Cokesford Blubber Anno 12 Car. 2. cap. 18. A kinde of Whale-Oyl so called before it is throughly boiled and brought to perfection Boc-hord Sax. A place where Books Evidences Writings or other like Monuments are kept as the Rolls quasi Librorum horreum Bocland Sax. Terra haereditaria vel testimentalis quasi Book-land A Possession an Inheritance a Territory Farm or House with Land belonging to it held by Evidence in Writing Bocland verò ea possidendi transferendique lege coercebatur ut nec dari licuit nec vendi sed haeredibus
relinquenda erat in scriptis a liter permitteretur Terra inde Haereditaria nuncupata LL. Aluredi cap. 36. See Charter-land and Landboc And see Glossarium in decem Scriptores Bodies Politick See Corporation Boilary or Bullary of Salt Salina A Salt-house or Salt-pit where Salt is boiled and made Coke on Littl. fol. 4. b. From the Fr. Bovillon a Boiling or Bubbling Bolting At Greys-Inn the manner is thus An Ancient and two Barrasters sit as Judges three Students bring each a Case and the Judges chuse which of them shall be argued which done the Students first argue it then the Barrasters It is inferior to Mooting and may be derived from the Saxon Bolt a House because done privately in the House for instruction Bona fide i. With a good Faith we say that is done Bona fide which is done really with a good Faith without dissimulation or fraud It is used Anno 12 Car. 2. cap. 18. and 15 Car. 2. cap. 5. Bonaght or Bonaghty Was an Exaction in Ireland imposed on the Subjects at the Will of the Lord for relief of the Knights called Bonaghti who served in the Wars Antiq. Hibern pag. 60. Camden in his Britan. tit Desmond says James Earl of Desmond imposed upon the People those most grievous Tributes of Coyn Livery Cocherings Bonaghty c. Bona notabilia Where the party dying hath at time of his death Goods or good Debts in any other Diocess or peculiar jurisdiction within that Province besides his Goods in the Diocess where he dies amounting to the value of 5 l. at the least he is said to have Bona notabilia and then the Probat of his Will or granting Administration belongs to the Archbishop of the Province whether it be within that of Canterbury or York But this does not prejudice those Diocesses where by Composition or Custom Bona notabilia are rated at a greater sum Book of Canons 1 Jac. Can. 92 93. Perkins sect 489. See Probat of Testaments Bona Patria An Assise of Countrey-men or good Neighbors sometimes it is called Assisa bonae patriae when twelve or more Men are chosen out of any part of the Countrey to pass upon Assise otherwise called Juratores because they are to swear judicially in presence of the party c. Skene See Assisors Bond Bondage and Bondmen See Nativus Bondmen in Doomsday are called Servi and differed from Villani Et de toto tenemento quod de ipso tenet in Bondagio in Soca de Nortone cum pertin Mon. Angl. 2. par fol. 609. a. Bonis Arrestandis Is a Writ which see in Arrestandis bonis Bonis non amovendis Is a Writ to the Sheriffs of London c. to charge them that one against whom a Judgment is obtained in an Action and who prosecutes a Writ of Error be not suffered to remove his Goods till the Error be tryed Reg. of Writs fol. 131. b. Booting or Boting Corn Certain Rent-Corn anciently so called The Tenants of the Mannor of Haddenham in Com. Bucks heretofore paid Booting Corn to the Prior of Rochester Antiquity of Purveyance fol. 418. Perhaps it was so called as being paid by the Tenants by way of Bote Boot we still call it or compensation to the Lord for his making them Leases c. See Bote. Bordagium The Tenure of Bord-lands which see Item ordinatum est quod omnes qui terras tenementa tenent per Bordagium habeant super singulis Bordagiis quae per praedictum servicium tenentur capitalem quandam mansionem in loco ad hoc consueto c. Ordinac Justic Itin. in Insula de Jersey Bordarii seu Borduanni Often occur in Domesday by some esteemed to be Bores Husbandmen or Cotagers which are there always put after Villains Dicantur Bordarii vel quòd in tugurio quae Cottagia vocant habitabant seu villarum limitibus quasi Borderers Spelm. Tenentes per servitia plus servilia quam villani qui tenent nisi paucas acras M. S. but see Bordlands Bord-halfpeny Sax. Bord tabula and hafpeny obolus Is Money paid in Fairs and Markets for setting up Tables Bords and Stalls for sale of Wares In antiquis Chartis multi immunes fiunt ab ista solutione says Spelman It is corruptly written Borthalpeny and Brodhalpeny in some Authors Bord-lands The Lands which Lords keep in their hands for maintenance of their Bord or Table Est Dominicum quod quis habet ad mensam suam propriè sicut sunt Bord-lands Anglicè i. Dominicum ad mensam Bract. lib 4. tract 3. cap. 9. num 5. Which possession was anciently termed Bordage Sax. Dict. verbo Bord. And the Bordarii often mentioned in Domesday were such as held those Lands which we now call Demain Lands See Antiq. of Purveyance fol. 49. Borow or Borough Sax. Borhoe Fr. Burg Signifies a Corporate Town which is not a City Anno 2 Edw. 3. cap. 3. As also such a Town or place as sends Burgesses to Parliament the number whereof you may see in Cromp. Jurisd fol. 24. Probably Borhoe was anciently taken for those Companies consisting of Ten Families which were combined to be one anothers Pledge See Bracton lib. 3. tract 2. cap. 10. and Lamberts Duty of Constables pag. 8. Verstegan says That Burg or Burgh whence we say Borough signifies a Town having a Wall or some kinde of Enclosure about it and that those places which in old time had among our Ancestors the name of Borough were one way or other fenced or fortified See Head-borow and Borow-head Borow-head alias Head-borow from the Sax. Borhoe and Head signifies according to Lambert in his Treatise of Constables the Head-man or cheif pledge of the Decury or Borow chosen by the rest to speak and act in their name in those things that concerned them Borow-holders alias Bursholders quasi Borhoe-ealders are the same with Borowheads Bracton calls them Borghy-Alders Lib. 3. tract 2. cap. 10. Borow-English Sax. Borhoe Englisc Is a customary Descent of Lands whereby in all places where this Custom holds Lands and Tenements descend to the youngest Son or if the owner have no issue to his youngest Brother as in Edmunton Kitchin fol 102. And the reason of this Custom according to Littleton is For that the youngest is presumed in Law to be least able to shift for himself Borow Goods Divisable These words are found in the Statute of Acton Burnel 11 Edw. 1. As before the Statutes of 32 34 Hen. 8. no Lands were Divisable at the Common Law but in ancient Baronies so perhaps at the making the foresaid Statute of Acton-Burnel it was doubtful whether Goods were Divisable but in ancient Borows For it seems by the Writ De rationabili parte bonorum anciently the Goods of a Man were partable between his Wife and Children Borthalpeny See Bord-halpeny Boscage Boscagium Is used for that Food which Wood and Trees yield to Cattle Mast From the Gr. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pascere Boscaria Ut ipsi possunt domos
of God and Law of this Land 3 Inst. fol. 205. And Rot. Parl. 14 R. 2. num 32. Bruck-bote from the Germ. Bruck i. Bridge and Bote i. Compensation Signifies a Tribute or Contribution towards the mending or reedifying of Bridges whereof many are freed by Royal Charter and thereupon the word is used for the very Liberty or Exemption it self See Pontage and Brig-bote Bruâ—ere Fr. Bruyere Lat. Bruyrium erica quasi ericetum Heath and Heath-ground Pastura xi quarentenarum dimid longitudine latitudine Bruaria 2 leucarum longitudine latitudine Domesd Tit. Dorset Eccles Creneburn Ingelingham Hac autem appellatione Forenses vocant steriles camporum solitudines licet â—ricam non edant Heath-ground Spel. Buckstall Et sint quieti de Chevagio Hondpeny Buckstall Tristris de omnibus misericordiis c. Privileg de Semplingham By the Stat. 19 Hen. 7. cap. 11. it seems to be a Deer-hay Toyl or great Net to catch Deer with which by the said Statute is not to be kept by any man that hath not a Park of his own under pain of 40 l. To be quit of Buckstals i. Ubi homines convenire tenentur ibidem convenire ad stableiam faciendam circa feras ad easdem congregand quietum esse de hoc servitio quando Dominus chaseaverit 4 Inst fol. 306. Buck-wheat Mentioned in the Statute 15 Car. 2. cap. 5. Is otherwise called French Wheat and well known Budge of Court See Bouche Buggery According to Sir Edward Coke Rep. 12. pag. 36. Comes from the Ital. Buggerare to Bugger and is described to be Carnalis copula contra naturam haec vel per confusionem specierum sc A Man or a Woman with a bruit Beast vel sexuum A Man with a Man or a Woman with a Woman This offence committed with Mankinde or Beast is Felony without Clergy it being a sin against God Nature and the Law and was brought into England by the Lombards as appears by Rot. Parl. 50 Edw. 3. num 58. See the Stat. 25 H. 8. cap. 6. revived 5 Eliz. 17. Fitzh Nat. Br. fol. 269. b. In ancient time such Offenders were burnt by the Common Law This most detestable sin was justly excepted out of the Act of General Pardon 12 Car. 2. cap. 8. Bull Bulla Ital. Bolla was a Gold Ornament or Jewel for Children hollow within and made in fashion of a Heart to hang about their Necks but now it is most usually taken for a Brief or Mandate of the Pope or Bishop of Rome from the Lead or sometimes Golden Seal affixed thereto which Matthew Paris Anno 1237. thus describes In Bulla Domini Papae stat imago Pauli a dextris Crucis in medio Bullae figuratae Petri a sinistris The word is often used in our Statutes as 28 Hen. 8. cap. 16. And 1 2 Phil. Ma. cap. 8. 13 Eliz. cap. 2. Non solum sigillum significat imprimens impressum sed ipsas etiam literas bullatas interdum schedulam seu billam Misit quoque Archiepiscopus Cantuariae Regi Concilio suo schedulam sive Bullam in hunc modum continentem c. Spelm William de Brinckle recovered at the Common Law by Verdict against Otho Parson of the Church of Beston x l. Pro substractione unius Bullae Papalis de Ordinibus alterius Bullae de legitimatione tertiae Bul ae de veniam exorantibus pro animabus antecessorum suorum Trin. 4 Edw. 3. Rot. 100. Bulla Olim sigillum significans Gloss in x. Scriptores Bullenger The Commons do Petition that certain Commissions lately sent to Cities for the making of certain Boats and Bullengers being done without consent of Parliament might be repealed Rot. Parl. 2 Hen. 4. num 22. Bullion Fr. Billon i. The Mettaâ— whereof base Coyn is made Signifies with us Gold or Silver in Mass or Billet Anno 9 Edw. 3. Stat. 2. cap. 2. And sometimes the Kings Exchange or place whither such Gold in the Luâ—p is brought to be tryed or exchanged 27 Edw. 3. Stat. 2. cap. 14. And 4 Hen. 4. cap. 10. Bullion seems also to signifie of old a quantity of Salt according to Gervase of Tilbury writing of the Salt Springs in Worcestershire Bultel Is the refuse of the Meal after it is dressed by the Baker also the Bag wherein it is dressed I finde the word mentioned in the Statute entituled Assisa panis Cervisiae Anno 51 Hen. 3. Hence Bulted Bread Course Bread Bunda See Bound Burcheta from the Fr. Berche A kinde of Gun mentioned in the Forest Records Burgage Burgagium Fr. Bourgage Is a tenure proper to Borows whereby the Inhabitants by ancient Custom hold their Lands or Tenements of the King or other Lord at a certain yearly Rent It is a kinde of Soccage says Swinburn pa. 3. Sect. 3. num 6. Ad militiam non pertinet habetur ideo inter ignobiles tenuras Mentioned 37 Hen. 8. cap. 20. It was also anciently used for a Dwelling-house in a Borow-Town Sciant Quod ego Editha filia Johannis de Aula in ligea virginitate potestate mea dedi Deo Beatae Mariae omnibus Sanctis Eleâ—mosinariae Leominstr pro salute Animae meae In liberam puram perpetuam Eleemosinam totum illud Burgagium cum edificiis pertin suis quod jacet in Villa Leominstr Ex libro cartarum Priorat Leom Burghbrech alias Borgbrech Sax. Burhbryce i. Fidejussionis fractio vel plegii violatio Angli omnes decemvirali olim fidejussione pacem regiam stipulati sunt quod autem in hanc commissum est Burghbrech dicitur ejusque cognitio vindicta Regiis Chartis plurimis credebantur pro quorum dignitate mulcta alià s levior fuit alià s gravior Vide LL. Canuti cap. 55. Burghbrich i. Laesio libertatis aut septi Gallicè blesmure de Courte ou de close Polychron lib. 1. cap. 50. Burgbote Sax. Burg Burh Burgus and Bote compensatio A Tribute or Contribution towards the building or repairing of Castles or Walls of Defence or towards the building of a Burow or City From which divers had exemption by the ancient Charters of the Saxon Kings whence it is ordinarily taken for the liberty or exemption it self Rastal Significat says Fleta quietantiam reparationis murorum civitatis vel Burgi Lib. 1. cap. 47. Burgheristh Istae consuetudines pertinent ad Taunton Burgheristh Latrones Pacis infractio Hanifare Denarii de Hundret Denarii S. Petri c. Quaere M. S. Camdeni penes Will. Dugdale Ar. Burgemote Sax. Curia vel conventus Burgi vel Civitatis the Borow-Court Et habeatur in anno ter Burgesmotus Schiremotus bis nisi saepius sit intersit Episcopus Aldermannus doceant ibi Dei rectum seculi LL Canuti M. S. cap. 44. Burgesses Burgarii Burgenses Are properâ—y Men of Trade or the Inhabitants of a Borow or Walled Town yet we usually apply this name to the Magistrates of such a Town as the
either adjoyning to a Church as parcel of it which persons of quality build Ut ibidem familiaria Sepulchra sibi constituant or else separate from the Mother Church where the Parish is wide and is commonly called a Chappel of Ease because it is built for the ease of one or more Parishioners that dwell far from the Church and is served by some Inferior Curate provided at the charge of the Rector or of him that hath benefit by it as the Composition or Custom is There is also a Free Chappel which seems to be such as hath perpetual maintenance towards the upholding it and the Curates stipend by some Lands or Rents charitably bestowed on it without the charge of the Rector or Parish Anno 37 Hen. 8. cap. 4. Anno 1 Edw. 6. cap. 14. Chapelry Capellania Is the same thing to a Chappel as Parish is to a Church i. The Precinct and Limits of it Mentioned in the Stat. 14 Car. 2. cap. 9. Capellania Sancti Oswaldi Mich. 32 Edw. 1. Coram Rege Glouc. Chaperon Fr. A Hood or Bonnet mentioned in the Stat. 1 Rich. 2. 17. And among Heraulds it is that little Escocheon which is fixed in the forehead of the Horses that draw the Herse at a Funeral Chapiters Lat. Capitula Fr. Chapiters i. The Chapters of a Book Signifies a Summary or Content of such Matters as are to be enquired of or presented before Justices in Eyr Justices of Assize or of Peace in their Sessions This it is used Anno 3 Edw. 1. cap. 27. And that no Clerk of any Justice Escheator or Commissioner in Eyr shall take any thing for delivering Chapters but onely Clerks of Justices in their Circuits And again Anno 13 Ejusdem cap. 10. The Sheriff shall certifie the Chapiters before the Justices in Eyr how many Writs he hath and what c. Britton cap. 3. useth the word in the same signification Chapiters are now most usually called Articles and are delivered by the Mouth of the Justice in his Charge to the Enquest whereas in ancient time as appears by Bracton and Britton they were after an Exhortation given by the Justices for the good observation of the Laws and Kings peace first read distinctly in open Court and then delivered in writing to the Grand Enquest which the Grand Jury or Enquest were likewise to answer upon their Oaths Affirmatively or Negatively and not as they do now put the Judges to make long and learned Charges to little or no purpose and forswearing or wilfully not remembring their Knowledge of Transgressors against the Design and Enquiry of those Articles do think their Oaths and Duty to God and the King and their Countrey well enough satisfied and performed if they onely present those few of many more Misdemeanors which are brought unto them by way of Indictments The same Order of Articles Lambert wishes might still be observed Eiren. lib. 4. cap. 4. pag. 393. Horn in his Mirror of Justices calls them Articles and expresses what they were wont to contain Lib. 3. cap. Des Articles in Eyr Chaplain or Chapellain Capellanus Is now most commonly taken for him who is depending on the King or other Noble person to instruct him and his family in Spirituals and say Divine Service in his house where commonly they have a private Chappel for that purpose As Anno 21 Hen. 8. cap. 13. which ordains what person may priviledge one or more Chaplains to discontinue from their Benefices in respect of their particular service Chapter Capitulum Signifies Congregationem Clericorum in Ecclesia Cathedrali Conventuali regulari vel Collegiata and in another sence Locum in quo siunt communes tractatus Collegiatorum It hath other significations not worth mentioning here which you may read in Linwoods Provin Gloss verbo Capitulum This Collegiat Company or Corporation is Metaphorically termed Capitulum signifying originally a little Head it being a kinde of Head not onely to rule and govern the Diocess in the Vacation of the Bishoprick but also in many things to advise the Bishop when the See is full See Panormitan in cap. Capitulum extra de rescriptis Ad Dedicationes ad Synodos ad Capituia vonientibus Sit summa Pax. LL. Edwardi Confess cap. 3. Charre of Lead La Charre de plumbo constat ex 30 forme 〈…〉 s quaelibet formella continet 6 Petras exceptis duabus libris quaelibet Petra constat ex 12 libris Assisa de ponderibus Rob. 3 R. Scot. cap. 22. sect 2. Chart Charta Paper Parchment or any thing to write on also a Card mentioned 14 Car. 2. cap. 33. See Charter Chartel Fr. Cartel A Letter of Defiance or a Challenge to a single Combat In use when those Combats were in practise to decide difficult and not otherwise to be determined Controversies in Law Charter Charta Fr. Chartres i. Instrumenta Is usually taken for written Evidence of things done between Man and Man Whereof Bracton lib. 2. cap. 26. num 1. says thus Fiunt aliquando Donationes in scriptis sicut in chartis ad perpetuam rei memoriam propter brevem hominum vitam And Num. 12. sciendum quod Chartarum alia regia alia privatorum regiarum alia privata alia communis alia universalis Item privatorum alia de puro Feoffamento simplici alia de Feoffamento conditionali sive conventionali secundùm omnia genera Feoffamentorum fieri potest Item privatorum alia de recognitione pura vel conditionali Item alia de quiete clamantia de confirmatione c. Britton likewise in his 39 Chapter divides Charters into those of the King and those of private persons Charters of the King are those whereby the King passeth any Grant to any person or more or to any Body Politick as a Charter of Exemption that a Man shall not be empanel'd upon any Jury Kitchin fol. 314. and 177. Charter of Pardon whereby a Man is forgiven a Felony or other offence committed against the Kings Crown and Dignity Brook tit Charter of Pardon Charter of the Forest wherein the Laws of the Forest are comprised Anno 9 Hen. 3. Cromp. Jurisd fol. 147. Pupilla oculi par 5. cap. 22 Manwood pag. 1. fol. 1. Where he sets down the Charters of Canutus and fol. 17. that which was made 19 Hen. 3. with the Charter of the Forest Of these Charters you have also a long discourse in Fleta lib. 3. cap 14. Who particularly expounds every substantial part of a Deed of Gift See Magna Charta Charter-land terra per Chartam Is such as a Man holds by Charter that is by evidence in writing otherwise called Freehold Anno 19 Hen. 7. cap. 13. and Kitchin fol. 86. This in the Saxons time was called Bocland which was held according to Lambert in his Explication of those words Verbo Terra ex scripto with more commodious and easier conditions then Folkland was that is Land held without writing because that was Haereditaria libera atque
immunis whereas Fundus sine scripto censum pensitabat annuum atque officiorum quadam servitute est obligatus Priorem viri plerumque nobiles atque ingenui posteriorem rustici ferè pagani possidebant Illam nos vulgò Freehold per Chartam hanc ad voluntatem Domini appellamus Thus Lambert Charter-party Lat. Charta partita Fr. Chartre-parti i. A Deed or Writing divided Is that among Merchants and Sea-â—aring men which we commonly call a Pair of Indentures containing the Covenants and Agreements made between them touching their Merchandise and Maritime Affairs Anno 32 Hen. 8. cap. 14. and 12 Car. 2. cap. 18. Latches Rep. fol. 225. Ballo's Case and 2 Inst fol. 673. Chartis Reddendis Is a Writ which lies against him that hath Charters of Feoâ—ment entrusted to his keeping and refuseth to deliver them Old Nat. Br. fol. 66. Reg. of Writs fol. 159. Chase Fr. Chasse Signifies two things First a driving Cattle to or from any place as to chase a Distress to a Fortlet Old Nat. Br. fol. 45. Secondly it is a place of Receipt for Deer and Wilde Beasts of a middle nature between a Forest and a Park being commonly less then a Forest and not endued with so many Liberties as the Courts of Attachment Swain-mote and Justice-seat and yet of a larger compass and stored with greater diversity both of Keepers and Wilde Beasts or Game then a Park Crompton in his Jurisd fol. 148. says A Forest cannot be in the hands of a Subject but it forthwith loseth its name and becomes a Chase and yet fol. 197. he says A Subject may be Lord and owner of a Forest which though it seems a contradiction yet both sayings are 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 loseth the true property of a Forest because the Courts called the Justice-seat Swain-mote and Attachment do forthwith vanish none being able to make a Lord Chief Justice in Fyr of the Forest but the King as Manwood well observes Par. 2. cap. 3. 4. Yet it may be granted in so large a manner as there may be Attachment Swain-mote and a Court equivalent to a Justice Seat as appears by him in the same Chapter num 3. So that a Chase differs from a Forest in this because it may be in the hands of a Subject which a Forest in his proper and true nature cannot and from a Park in that it is not enclosed and hath not onely a larger compass and more variety of Game but of Keepers also and Officers See Forest Chattels or Catals Catallia alias Capitalia Comprehend all Goods moveable and immoveable except such as are in nature of Freehold or parcel of it as may be collected out of Stamf. Praerog cap. 16. and Anno 1 Eliz cap. 2. Yet Kitchin fol. 32. says That Money is not to be accounted Goods or Chattels because it is not of it self valuable nor Hawks and Hounds for they are Ferae naturae Chattels are 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 injuriously withheld from us we have no means to recover them but Personal Actions Chattels real are such as either appertain not immediately to the person but to some other thing by way of dependency as a Box with Charters of Land Apples upon a Tree or a Tree it self growing on the Ground Cromp. Just of Peace fol. 33. or else such as are issuing out of some immoveable thing to a person as a Lease or Rent for term of years See Bracton lib. 3. cap. 3 num 3. 4. Chattels are bona quaecunque mobilia immobilia propriè tamen ea bonorum pars quae in animalibus consistit a quorum capitibus res ipsae alias capita alias capitalia dicta sunt Spelman Chaumpert Et quod tam praedictae xx virgatae terrae quam terrae unde dicta quaterviginti quarteria srumenti annua proveniunt de nobis in Capite per servitium vocatum Chaumpert viz. Undecimae garbae nobis per manus tenentium toâ—rarum earundem annuatim solvendae tenentur Pat. 35 Edw. 3. pag. 2. m. 18. Hospital de Bowes infra Insulam de Gernesey Chaunce-medley See Chance-medley Chaunter Cantator A Singer in the Quire Anno 13 Eliz. cap. 10. At S. Davids in Pembrokeshire the Chaunter is next to the Bishop for there is no Dean Cam Britan. Chauntry Cantaria Aedes sacra ideo instituta dotata praediis ut Missa ibidem cantaretur pro anima fundatoris propinquorum ejus These were usually little Chappels or particular Altars in some Cathedral or Parochial Church and endowed with Lands or other Revenue for the maintenance of one or more Priests to officiate as abovesaid Mentioned 37 Hen. 8. cap. 4. 1 Edw. 6. c. 14. 15 Car. 2. cap. 9. Of these Chantries there were forty seven belonging to S. Pauls Church in London for which see Mr. Dugdales History of that Church Sciant quod ego Reginaldus Suard dedi Willielmo Crumpe Capellano Cantariae beatae Mariae de Yarpol unam parcellam pasturae c. Dat. apud Leominstre die Martis prox post Festum Sancti Hillarii Anno 7 Hen. 5. Chawdren of Sea-Coals Anno 9 Hen. 5. cap. 10. See Chaldron Check-Roll Is a Roll or Book containing the names of such as are attendants and in pay to the King or other great persons as their Houshold-servants Anno 19 Car. 2. cap. 1. It is otherwise called the Checquer Roll Anno 24 Hen. 8. cap. 13. Anno 3 Hen. 7. cap. 13. And seems to be a word abstracted or derived from the Exchequer which vide Clerk of the Check see in Clerk Chemin See Chimin Chensers Anno 27 H. 8. cap. 7. Quaere If not such as paid tribute or Cense Quit-rent or Cheif Rent For so the Fr. Censier signifies Cherset See Churchesset Chevage Chevagium from the Fr. chef i. caput Signifies a Tribute or sum of Money formerly paid by such as held Lands in Villanage or otherwise to their Lords in acknowledgment and was a kinde of Head or Poll-Money Whereof Bracton lib. 1. cap. 10. says thus Chevagium dicitur recognitio in sig num subjectionis Dominii de capite suo It seems also to be used for a sum of Money yearly given to a Man of power for his Countenance and Protection as to their cheif Head or Leader Lambert lib. 2. cap. 5. Eirenarch writes it Chivage we now call it Chiefage Est apud Wallos Chevagii genus quod Amabr vocant Principi Walliae pro maritandis filiabus olim ab omnibus ut asserunt hodie a quibusdam etiam liberis persolutum says Spelman on the word Chevagium See Coke on Littl. fol. 140. Chevisance Fr. Chevissance An Agreement or Composition made an End or Order set down
between a Creditor and a Debtor sometimes taken for an indirect gain or booty Lo. Verulam in his Hen. 7. But in our Statutes it is most commonly used for an unlawful Bargain or Contract As 37 Hen. 8. cap. 9. 13 Eliz c. 5. and 8 12 Car. 2. cap. 13. Chevitiae Cheviscâ— Hades at the end of Ploughed Lands Novem acras terrae cum Cheviscis ad ipsas pertinentibus Mon. Angl 2 par fol 116. Chief See Capite Chiefage See Chevage Chief Pledge Plegius vel vas capitalis Anno 20 Hen. 6. cap. 8. See Borowhead Childwit Sax. Signifies a power to take a Fine of a Bond-woman unlawfully begotten with childe Prior habeat Gersumam de Nativa sua impraegnata sine licentia maritandi Ex Registro Priorat de Cokes ord Every reputed Father of a base child gotten within the Mannor of Writtel in Com. Essex pays to the Lord for a Fine 3 s 4 d. Where it seems to extend as well to Free as Bond-women and the Custom is there also called Childwit Chimin Fr. Chemin i. aditus via Signifies a way which is of two sorts The Kings High-way and a private way Kitchin fol. 35. The Kings High-way Chiminus Regius is that in which the Kings Subjects and all others under His Protection have free liberty to pass though the property of the soyl where the way lies may perhaps belong to some private man A Private way is that in which one man or more have liberty to pass either by Prescription or by Charter through another mans ground And this is divided into Chimin in gross and Chimin appendant Kitchin fol. 117. Chimin in gross is that way which a man holds principally and solely in it self Chimin appendant is that which a man hath as appurtenant to some other thing As if he hire a Close of Pasture with Covenant for ingress and regress through some other Ground in which otherwise he might not pass See Coke on Littl. fol. 56. Chiminage Chiminagium Signifies a Toll for Wayfarage through the Forest Cromp. Jurisd fol 189. Telonium quod in Forestis exigebant Forestarii a plaustris equis oneris causâ eò venientibus Charta Forestae cap. 14. Nullus Forestarius de caetero qui non sit Forestarius de feodo reddens nobis firmam pro baliva sua capiat Chiminagium aliquod in Baliva sua c. The Feadists call it Pedagium This in Poulton fol. 8. is falsly Printed Chimmage and in a Record in the Tower I finde Chimage Chimney Money Otherwise called Hearth-Money By Statute 14 Car. 2. cap. 12. Every Fire-Hearth and Stove of every Dwelling and other House within England and Wales except such as pay not to Church and poor shall be chargeable with Two shillings per annum parable at Michaelmas and Lady-day to the King His Heirs c. Which payment is vuâ—garâ—y called Chimney-Money See Smoak-Silver and Fuage Chirgemot Circgemot or Chirch gemot Sax Forum Ecclesiasticum Quosque Chirgemot Discordantes inveniet vel amore congreget vel sequestret judicio LL. Hen. 1. cap 8. and 4 Inst fol. 321. Chirographer of Fines Chirographus Finium Concordarum of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A writing of a Man 's own hand whereby he acknowledges a debt to another Signifies that Officer in the Common-Pleas who ingrosseth Fines in that Court acknowledged into a Perpetual Record after they are examined and fully passed by other Officers and that writes and delivers the Indentures of them to the Party Anno 2 Hen. 3. cap. 8. 2 Hen. 4. 8. and Fitz. Nat. Br. fol. 147. A. This Officer makes two Indentures one for the Buyer another for the Seller and makes one other indented piece containing also the effect of the Fine which he delivers to the Custos Brevium which is called the Foot of the Fine The Chirographer also or his Deputy proclaims all the Fines in the Court every Term according to the Statute and endorseth the Proclamations upon the backside of the Foot thereof and always keeps the Writ of Covenant and the Note of the Fine See Tabling of Fines Anno 23 Eliz. cap. 3. and 2 Part. Inst fol. 468. Chivage See Chevage Chivalry Servitium Militare Comes from the Fr. Chivalier i. eques and signifies a Tenure of Land by Knights-service whereby the Tenant was bound to perform a Service in War unto the King or the Mesn Lord of whom he held by that Tenure The further explication of which Tenure and the several Branches of it may be omitted since by Stat. 12 Car. 2. cap. 24. All Tenures by Knights-service of the King or of any other person Knight-service in Capite or Soccage in Capite of the King and the Fruits and consequences thereof hapned or which shall or may happen or arise thereupon or thereby are taken away and discharged And all Tenures of Houses Mannors Lands c. shall be construed and adjudged for ever to be turned into Frée and Common Soccage c. Choral Choralis may relate to any person that by vertue of any of the Orders of the Clergy was in ancient time admitted to sit and serve God in the Quire in Latin Chorus Accordingly Mr. Dugdale in his History of S. Pauls Church pag. 172. says There were anciently Six Vicars Choral belonging to that Church Chose Fr. Thing It is used with divers Epithetes as Chose Local is such a thing as is annexed to a place For example a Mill is Chose Local Chose Transitory seems to be that thing which is moveable and may be taken away or carried from place to place Kitchin fol. 18 Chose in Actin is a thing incorporeal and onely a right as an Annuity Obligation for Debt a Covenant Voucher by Warranty and generally all Causes of Suit for any Debt or Duty Trespass or Wrong are to be accounted Choses in Action And it seems Chose in Action may be also called Chose in Suspence because it hath no real existence or being nor can properly be said to be in our possession Broke tit Chose in Action Chop-chirch Ecclesiarum permutatio Is a word used 9 Hen. 6. 65. a. By the sence of which Book it was in those days a kinde of Trade For the Judges say It was a lawful Occupation and a good Addition yet Brook in his Abridgment calls it not an Occupation but a thing permissible by Law It was without doubt a nick-name given to those that used to change Benefices For to chop and change is an usual expression to this day I have also read Church-Chopper for him that used to make such changes Alii vero quorundam satorum zizaniae subversorum Justiciae inauditae abusionis inventorum ut illis verbis utamur Choppe-Churches communiter appellati mediatione dolosa interveniente execrabili ardore avaritiae quandoque in subdolis permutationibus hos nimia inaequalitate Beneficiorum ac illos quandoque optentis beneficiis fucatis coloribus totaliter destituunt defraudant in tantum quod ex
revoked When a Parson is made Bishop there is a Cession of his Benefice by the Promotion but if the King gives him power to retain his Benefice he shall continue Parson and is said to hold it in Commendam Hob. Rep. fol. 144. Latches Rep. fol. 236 237. See Ecclesia commendata in Gloss x. Scriptor Comminalty Fr. Communauté Includes all the Kings Subjects So in Art super Chartas 28 Edw. 1. cap. 1. Tout le Commune d'Engleterre signifies all the People of England 2 Inst fol 539. Commissary Commissarius Is a Title of Ecclesiastical Jurisdiction appertaining to such a one as exerciseth Spiritual Jurisdiction in places of the Diocess so far distant from the cheif City as the Chancellor cannot call the Subjects to the Bishops Principal Consistory without their too great molestation This Commissary is by the Canonists called Commissarius or Officialis foraneus Lyndwoods Provin cap. 1. And is ordained to this special end that he supply the Bishops Jurisdiction and Office in the out places of the Diocess or else in such Parishes as are peculiar to the Bishop and exempted from the Jurisdiction of the Arch-deacon For where either by Prescription or Composition Arch-deacons have Jurisdiction within their Arch-deaconries as in most places they have this Commissary is but superfluous and oft-times vexations to the people Therefore the Bishop taking Prestation Money of his Arch-Deacons yearly Pro exteriori Jurisdictione as it is ordinarily called does by super-onerating their circuit with a Commissary not onely wrong Arch-deacons but the poorer sort of Subjects much more Cowel and see 4 Inst fol. 338. Commission Commissio Is with us as much as delegatio with the Civilians and is taken for the Warrant or Letters Patent which all Men exercising Jurisdiction either ordinary or extraordinary have to authorise them to hear or determine any cause or action Of these see divers in the Table of the Reg. of Writs and see Broke tit Commission yet this word is sometimes extended farther then to Matters of Judgment as the Commission of Purveyors or Takers Anno 11 Hen. 4. cap. 28. which seems to be null by the Statute for taking away Purveyance Anno 12 Car. 2. cap. 24. The High Commission Court which was founded upon the Statute 1 Eliz. cap. 1. is also abolished by Act of Parliament 17 Car. 1. cap. 11. and that again explained by another Act 13 Car. 2. cap. 12. Commission of Association mentioned 18 Eliz. cap. 9. Is a Commission under the Great Seal to associate two or more learned persons with the several Justices in the several Circuits and Counties in Wales Commission of Anticipation Was a Commission under the Great Seal to collect a Subsidy before the day Anno 15 Hen 8. Cokes 12 Rep. fol. 120. Comission of Rebellion Commissio Rebellionis Is otherwise called a Writ of Rebellion and Issues when a Man after Proclamation issued out of the Chancery and made by the Sheriff to present himself under pain of his allegiance to the Court by a certain day appears not And this Commission is directed by way of command to certain persons three two or one of them to apprehend or cause to be apprehended the party as a Rebel or contemner of the Kings Laws wheresoever they finde him within the Kingdom and bring or cause him to be brought to the Court upon a day therein assigned The Form of it you have in West Tract Touching proceedings in Chancery Sect. 24. Commissioner Commissionarius Is he that hath Commission as Letters Patent or other lawful Warrant to execute any Publick Office as Commissioners of the Office of Licences of Alienation West Part. 2. Symb. Tit. Fines Sect. 106. Commissioners in Eyr Anno 3 Edw. 7. cap 26. With many such like Committée Is he or they to whom the consideration or ordering of any matter is referred either by some Court or Consent of Parties to whom it belongs As in Parliament a Bill being read is either consented to and passed or denied or neither but referred to the consideration of some certain persons appointed by the House farther to examine it who thereupon are called a Committee Committee of the King West pa. 2. Symb. tit Chancery Sect. 144. This word seems to be strangely used in Kitchin fol. 160. where the Widdow of the Kings Tenant being dead is called the Committee of the King that is one committed by the ancient Law of the Land to the Kings care and protection Commoigne Fr. A Fellow-Monk that lives in the same Convent 3 Part. Instit fol. 15. Common Commune i. quod ad omnes pertinet Signifies that Soil or Water whereof the use is common to this or that Town or Lordship as Common of Pasture Commune Pasturae Bracton lib. 4. cap. 19. 40. Commun of Fishing Commune Piscariae Idem lib. 2. cap. 34. Common of Turbary Commune Turbariae i. Of digging Turves Idem lib. 4. cap. 41. Common of Estovers Commune Estoveriorum Kitchin fol. 94 c. Common is divided into Common in Gross Common Appendant Common Apportenant and Common per cause de Vicinage i. By reason of Neighborhood Common in Gross Is a liberty to have Common alone that is without any Land or Tement in another Mans Land to himself for life or to him and his heirs and it is commonly passed by Deed of Grant or Specialty Old Nat. Br. fol. 31. 37. Common Appendant and Common Appurtenant are in a manner confounded as appears by Fitz. Nat. Br. fol. 180. And are defined to be a Liberty of Common Appurtaining to or Depending on such or such a Freehold which Common must be taken with Beasts Commonable as Horses Oxen Kine and Sheep being accounted fittest for the Ploughman and not of Goats Geese and Hogs But some make this difference That Common Appurtenant may be severed from the Land whereto it pertains but not Common Appendant which according to Sir Edw. Coke lib. 4. fol. 37. had this beginning When a Lord enfeoffed another in Arabic Lands to hold of him in Soccage the Feoffce to maintain the service of his Plough had at first by the Curtesie or Permission of the Lord Common in the Wastes of his Lord for his necessary Beasts to ear and compost his Land and that for two Causes one for that as then it was taken it was tacitly implied in the Feoffment by reason the Feoffee could not Till nor Compost his Land without Cattle and Cattle could not be sustained without Pasture and so by consequence the Feoffee had as a thing necessary and incident Common in the Wastes and Land of the Lord. And this appears by the ancient Books Temp. Ed. 1. tit Common 24. and 17 Edw. 2. tit Common 23. and 20 Edw. 3. tit Admeasurement 8. and by the rehearsal of the Statute of Merton cap. 4. The second reason was for maintenance and advancement of Tillage which is much regarded and favored by the Law Common per cause de Vicinage i. Common by reason of Neighborhood Is
tenenda in Scarcario Is a Writ directed to the Treasurer and Barons of the Exchequer forbidding them to hold Plea between common persons in that Court where neither of them belong thereto Reg. of Writs fol. 187. b. Comorth Comortha From the British Cymmorth Subsidium A Contribution Subsidium à pluribus collatum Anno 4 Hen. 4. cap. 27. And 26 Hen. 8. cap. 6. Prohibits the Levying any such in Wales or the Marches c. It seems this Commorth was gathered at Marriages and when young Priests said or sung their first Masses and sometimes for redemption of Murders or Felonies Companion of the Garter Is one of the Knights of that most Noble Order Anno 24. Hen. 8. cap. 13. See Garter Compositio Mensurarum Is the Title of an ancient Ordinance for Measures not Printed and is mentioned in the Statute of 23 Hen. 8. cap 4. Compromise Compromissum Is a mutual promise of two or more parties at difference to refer the ending of their Controversies to the Arbitrement and Equity of one or more Arbitrators West defines a Compromise or Submission to be the faculty or power of pronouncing Sentence between Persons at Controversie given to Arbitrators by the Parties mutual private consent without publick Authority Par. 2. Symbol Tit. Compromise Sect. 1. Computation Computatio Is the true account and construction of time to the end that neither party do wrong to the other nor that the determination of time be so left at large as to be taken otherways then according to the just Judgment of the Law As if Indentures of Demise are engrossed bearing date 11 May 1669. To have and to hold the Land in S. for three years from henceforth and the Indentures are delivered the Fourth day of June following In this Case from henceforth shall be accounted from the day of the Delivery and not from the date and if the Indenture be delivered at four of the Clock in the Afternoon of the said Fourth day of June the Lease shall end the Third day of June in the Third year For the Law in this Computation rejects all fractions or divisions of the day for the incertainty which always is the Mother of Contention So where the Statute of Enrolments made 27 Hen. 8. cap. 16. is That Writings shall be enrolled within six Moneths after the date thereof if such Writings have date the Six Moneths shall be accounted from the date and not from the Delivery but if they want date then it shall be accounted from the Delivery Coke lib. 5. fol. 1. If any Deed be shewed to a Court at Westminster it shall remain in Court by Judgment of the Law all the Term in which it is shewed for all the Term in Law is but as one day Coke lib. 5. fol. 74. If a Church be void and the Patron does not present within Six Moneths then the Bishop of the Diocess may collate his Chaplain but these Six Moneths shall not be Computed according to Twenty eight days in the Moneth but according to the Kalendar See Kalendar-moneth Computo Lat. Is a Writ so called of the Effect which compels a Bailiff Chamberlain or Receiver to yield his account Old Nat. Br. fol. 58. It is founded on the Statute of Westm 2. cap. 2. And it lies also for Executors of Executors 15 Edw. 3. Stat. de provis victual cap. 5. Thirdly Against the Guardian in Soccage for Waste made in the Minority of the Heir Marlbr cap. 17. And see further in what other Cases it lies Reg. of Writs fol. 135. Fitz. Nat. Br. fol. 116. Conabel Fr. Convenable i. Convenient or fitting We ordain that there be made a Hache of Conabyl heythe crestyd with Pikes of Herne to sore the entry of your Kechyne that no strange peopille may enter with certain Clekets advised be you and be your Steward to such persons as you and them think honest and Conable Artic. Decani Capit. S. Pauli Priorat S. Helenae Dat. 21 Junii 1439. Concealers Concelatores Are such as finde out concealed Lands that is such Lands as are privily kept from the King by common persons having nothing to shew for their Title or Estate therein Anno 39 Eliz. cap. 22. and 21 Jac. cap. 2. They are so called a Concelando as Mons à Movendo per Antiphrasin See 3 Part. Inst fol. 188. Where the Author calls them Turbidum hominum genus Concessi a word much used in Conveyances In Law it creates a Covenant as Dedi does a Warranty Coke on Littl. fol. 384. Concord Concordia Agreement Is by a peculiar signification defined to be the very Agreement between Parties who intend the levying a Fine of Lands one to the other how and in what manner the Land shall pass But in the form of it many things are to be considered West pa. 2. Symb. tit Fines and Concords Sect. 30. whom read at large Concord is also an Agreement made upon any Trespass committed betwixt two or more and is divided into a Concord Executory and a Concord Executed See Plowden in Reniger and Fogassa's Case fol. 5 6 8. where it appears by some opinion That the one bindes not as being imperfect the other absolute and ties the party Yet by some other opinion in the same Case it is affirmed That Agreements Executory are perfect and binde no less then Agreements executed Concubinage Fr. Signifies properly the keeping a Whore for ones own filthy use but it is used as an exception against her who sues for Dower alleaging thereby that she was not Wife lawfully married to the party in whose Lands she seeks to be endowed but his Concubine Britton cap. 107. Bracton lib. 4. tract 6. cap. 8. Conders from the Fr. Conduire i. to conduct Are such as stand upon high places near the Sea-coast at the time of Herring-Fishing to make signs with Boughs c. to the Fishers which way the shole of Herrings passeth which may better appear to such as stand upon some high Cliff on the shore by a kinde of blew colour they cause in the Water then to those that are in the Ships These are otherwise called Huers of the Fr. Huyer i. Exclamare and Balkers Directors and Guiders as appears by the Statute 1 Jac. cap. 23. Condition Conditio Is a Manner Law Quality or Restriction annexed to Mens Acts qualifying or suspending the same and making them uncertain whether they shall take effect or no. West pa. 1. Symb. lib. 2. sect 156. In a Lease there may be two sorts of Conditions Condition collateral or Condition annexed to the Rent Coke lib. 3. Penants Case fol. 64. Collateral Condition is that which is annexed to any Collateral Act as that the Lessee shall not go to Paris Ibidem fol. 65. Condition is also divided into Condition in Deed or Fact and Condition in Law which otherwise may be termed Condition expressed and Condition implied Perkins tit Conditions Condition in Deed Is that which is knit and annexed by express words to the Feoffment Lease
Action Continual Claim Is a Claim made from time to time within every year and day to Land or other thing which in some respect we cannot attain without danger As if I be disseised of Land into which though I have a right I dare not enter for fear of beating it behoves me to hold on my right of Entry at my best opportunity by approaching as neer it as I can once every year as long as I live and so I save the right of Entry to my Heir See more in Littleton verbo Continual Claim and the New Book of Entries ibidem And Fleta lib. 6. cap. 53. Continuando Is a word used in a special Declaration of Trespass when the Plaintiff would recover damages for several Trespasses in the same Action For to avoid multiplicity of Sutes a Man may in one Action of Trespass recover damages for forty or more Trespasses laying the first to be done with a Continuance to the whole time in which the rest of the Trespasses were done and is in this Form Continuando transgressionem praedictam c. 〈◊〉 praedictâ— die c. Usque such another day including the last Trespass Contours See Countors Contrabanded Goods from contra and the Ital. Bando an Edict or Proclamation Are those which are prohibited by Act of Parliament or Proclamation to be imported into are exported out of this or other Nations Contract Contractus Is a Covenant or Agreement between two with a lawful Consideration or Cause West pa. 1. Symb. lib. 1. sect 10. As if I sell my Horse for Money or Covenant in consideration of 20 l. to make you a Lease of a Farm these are good Contracts because there is Quid pro quo Usurious Contract Is a Contract to pay more interest for any Money then the Laws and Statutes of this Realm allow It is a Devastavit in an Executor to pay a Debt upon an Usurious Contract Noys Reports fol. 129. Contrafaction Contrafactio A Counterfeiting As Contrafactio sigilli Regis Contra formam Collationiâ— Was a Writ that â—ay against an Abbot or his Successor for him or his heir who had given Land to an Abbey for certain good uses and found a Feofment made thereof by the Abbot with assent of the Tenants to the Disâ—â—herison of the House and Church This was founded on the Statute of Westm 2. cap. 41. See Reg. of Writs fol. 238. and Fitz. Nat. Br. fol. 210. Contra formam Feoffamenti Is a Writ that lies for the Heir of a Tenant enseoffed of certain Lands or Tenements by Charter of Feoffinent of a Lord to make certain Services and Sutes to his Court and is afterward distrained for more then is contained in the said Charter Reg. of Writs fol. 176. Old Nat. Br. fol. 162. Contributione facienda Is a Writ that lies where more are bound to one thing and one is put to the whole burden Fitzh Nat. Br. fol. 162. brings these examples If Tenants in Common or Joynt hold a Mill Pro indiviso and equally take the profits thereof the Mill falling to decay and one or more of them refusing to contribute towards its reparation the rest shall have this Writ to compel them And if there be three Coparceners of Land that ow sute to the Lords Court and the eldest performs the whole then may she have this Writ to compel the refuser to a Contribution Old Nat. Br. fol. 103. frames this Writ to a Case where one onely sute is required for Land and that Land being sold to divers sute is required of them all or some of them by Distress as intirely as if all were still in one See Reg. of Writs fol. 176. Controller Fr. Contrerolleur We have divers Officers of this name as Controller of the Kings House Anno 6 Hen. 4. cap. 3. Controller of the Navy 35 Eliz. cap. 4. Controller of the Custom Cromp. Jurisd fol. 105. Controller of Calis 21 Rich. 2. cap. 18. Controller of the Mint 2 Hen. 6. cap. 12. Controller of the Haâ—per Is an Officer in the Chancery attending the Lord Chancellor daily in the Term time and upon Seal days Hia Office is to take all things sealed from the Clerk of the Hanaper inclosed in Bagâ— of Leather and to note the just number and effect of all things so received and enter the same in a Book with all the duties appertaining to His Majesty and other Officers for the same and so charges the Clerk of the Hanaper with it Controller of the Pipe Is an Officer of the Exchequer who writes out Summons twice every year to the Sheriffs to levy the Farms and Debts of the Pipe and keeps a Controlment of the Pipe and was anciently called Duplex Ingrossator Controller of the Pell Is also an Officer of the Exchequer of which sort there are two viz. The two Chamberlains Clerks that do or should keep a Controlment of the Pell of receipts and goings out This Officer was originally one who took notes of any other Officers accounts or receipts to the intent to discover him if he dealt amiss and was ordained for the Princes better security for proof whereof read Fleta lib. 1. cap. 18. And the Stat. 12 Edw. 3. cap. 3. Controvor Fr. Controuveur He that of his own head devises or invents false bruits or feigned news 2 Inst fol. 227. Convenable Fr. Agreeable suitable convenient or fitting Anno 27 Edw. 3. Stat. 2. cap. 21. and 2 Hen. 6. cap. 2. See Covenable Conventicle Conventiculum A little private Assembly or Meeting for exercise of Religion first attributed in disgrace to the Schools of Wickcliff in this Nation above 200 years since and now applied to the Illegal Meetings of the Non-conformists and is mentioned in the Stat. 1 Hen. 6. cap. 3. and 16 Car. 2. cap. 4. Conventio Is a word much used both in Ancient and Modern Law-pleadings for an Agreement or Covenant For example take this pleasant Record Ex libro Rotulorum Curiae Manerii de Hatfield juxta Insulam de Axholme in Com. Ebor. Curia tenta apud Hatfield die Mercurii Prox o post Festum Anno xio. Edw. 3 tii RObertus de Roderham qui optulit se versus Johannem de Ithen de eo quod non teneat Conventionem inter eos factam unde queritur quòd certo dio anno apud Thorne conveniâ— inter praedictum Robertum Johannem quod praedictus Johannes vendidit praedictâ— Roberto Diabolum ligatum in quodam ligamine pro iiid. ob super praedictus Robertus tradidit praedicto Johanni quoddam obolum-earles i. earnest-money per quod proprietas dicti Diaboli commoratur in persona dicti Roberti ad habendam deliberationem dicti Diaboli infra quartam diem prox ' sequent Ad quam diem idem Robertus venit ad praefatum Johannem petit deliberationem dicti Diaboli sâ—â—undum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti
servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagâ—a Coraagia Carvagia alia plura de necessitate ex consensu communi totius Regni introducta c. Cord of Wood Ought to be eight foot long four foot broad and four foot high by Statute Cordage Fr. Is a general application for Stuff to make Ropes and for all kinde of Ropes belonging to the Rigging of a Ship Mentioned 15 Car. 2. cap. 13. Seamans Dictionary Cordiner vulgarly Cordwaner From the Fr. Codovannier a Shoo-maker and is so used in divers Statutes as 3 Hen. 8. cap. 10. 5 Ejusdem cap. 7. and others Cornage Cornagium from Cornu a Horn Was a kinde of Grand Serjeanty the service of which Tenure was to blow a Horn when any Invasion of the Scots was perceived And by this many Men held their Land Northward about the Picts-wall Camd. Britan. pag. 609. and Littleton fol. 35. But by Stat. 12 Car. 2. cap. 24. All Tenures are turned into free and common Soccage Sir Edward Coke on Littl. fol. 107. says Cornage is also called in old Books Horngeld but quaere for they seem to differ much See Horngeld and 2 Inst fol. 9. Corner-Tile See Gutter-Tile Corody or Corrody Corrodium from Corrodo Signifies a sum of Money or allowance of Meat Drink and Cloathing due to the King from an Abbey or other House of Religion whereof he is Founder towards the reasonable sustenance of such a one of his servants or vadelets as he thinks good to bestow it on The difference between a Corody and a Pension seems to be That a Corody is allowed towards the maintenance of any of the Kings servants in an Abbey a Pension is given to one of the Kings Chaplains for his better maintenance till he may be provided of a Benefice Of both these read Fitzh Nat. Br. fol. 250. who sets down all the Corodies and Pensions certain that any Abbey when they stood was bound to perform to the King Corody seems to be ancient in our Law for in Westm 2. cap. 25. it is ordained that an Assisc shall lie for a Corody It is also apparent by the Stat. 34 35 Hen. 8. cap. 26. That Corodies belonged sometimes to Bishops and Noblemen from Monasteries Tenure in Frankalmoin was a discharge of all Corodies in it self Stat. 1 Edw. 3. cap. 10. See 2 Part. Inst fol. 630. SCiant quod nos Radulphus Abbas Monasterii S. Johannis de Haghmon ejusdem loci Conventus ad instanciam speciale rogatum excellentissimi reverendissimi Domini nostri Thomae Comitis Arundeliae Surreiae Dedimus Roberto Lee unum Corrodium pro termino vitae suae essendo cum Abbate Monasterii praedicti Armigerum cum uno Garcione duobus equis capiendo ibidem esculenta poculenta sufficientia pro scipso sicut Armigeri Abbatis qui pro tempore fuerint capiunt percipiunt pro Garcione suo sicut Garciones Abbatis Armigerorum suorum capiunt percipiunt capiendo etiam pro equis suis foenum praebendam Et quod idem Robertus habeat vesturam Armigerorum c. Dat. 3 Hen. 5. Mon. Angl. 2 par fol. 933. a. Corodio Habendo Is a Writ whereby to exact a Corody of an Abbey or Religious House See Reg. of Writs fol. 264. Coronatore Eligendo Is a Writ which after the death or discharge of any Coroner is directed to the Sheriff out of the Chancery to call together the Freeholders of the County for the choice of a new Coroner to certifie into Chancery both the election and the name of the party elected and to give him his Oath See Westm 1. cap. 10. Fitzh Nat. Br. fol. 163. and Reg. of Writs fol. 177. Coroner Coronator a Corona Is an ancient Officer of this Land for mention is made of his Office in King Athelstans Charter to Beverley Anno 925. and is so called because he deals wholly for the King and Crown There are four of them commonly in every County in some fewer and in some Counties but one they are chosen by the Freeholders of the same by the Kings Writ and not made by Letters Patent Crompt Jurisd fol. 126. This Officer by the Statute of Westm 1. cap. 10. ought to be a sufficient person that is the most wise and discreet Knight that best would and might attend upon such an Office yea there is a Writ in the Register Nisi sit Miles fol. 177. b. whereby it appears it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings Rent of Freehold The Lord Cheif Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he abodes Lib. Assisarum fol. 49. Coke lib. 4. Case of Wardens c. of the Sadlers fol. 57. b. His Office especially concerns the Pleas of the Crown But what anciently belonged to him read at large in Bracton lib. 3. tract 2. cap. 5 6 7 8. Britton cap. 1. Fleta lib. 1. cap. 18. and Horns Mirror lib. 1. cap. del Office del Coroners But more aptly for the present times Stamf. Pl. Cor. lib. 1. cap. 51. There are also certain special Coroners within divers Liberties as well as these ordinary Officers in every County as the Coroner of the Verge which is a certain compass about the Kings Court whom Cromp. in his Jurisd fol. 102. calls the Coroner of the Kings House of whose Authority see Cokes Rep. lib. 4. fol. 46. By certain Charters belonging to some Colledges and Corporations they are licensed to appoint their Coroner within their own Precincts Of this Office see also 4 Inst fol. 271. Smith de Rep. Angl. lib. 2. cap. 21. And Lamb. Eiren. lib. 4. cap. 3. pag. 380. And of the Coroners Office in Scotland read Skene verbo Iter. Corporal Oath See Oath Corporation Corporatio A Body Politick or a Body Incorporate so called because the persons are made into a Body and of capacity to take and grant c. And this Body Politick or Incorporate may commence and be established three manner of ways viz. By Prescription by Letters Patent or by Act of Parliament Every Body Politick or Corporate is either Ecclesiastical or Lay Ecclesiastical either Regular as Abbots Priors c. or Secular as Bishops Deans Arch-Deacons Parsons Vicars c. Lay as Major Commonalty Bailiffs and Burgesses c. Also every Body Politick or Corporate is either Elective Presentative Collative or Donative And again it is either sole or aggregate of many which last is by the Civilians called Collegium or Universitas Coke on Littl. fol. 250. and 3 Inst fol. 202. Corpus Christi day being always on the next Thursday after Trinity Sunday Is a Feast instituted by the Church in honor of the Blessed Sacrament To which also a College in Oxford is dedicated It is mentioned in 32 Hen. 8. cap.
commanded every Man to take warning for raking up his fire and putting out his light So that in many places at this day where a Bell is customably rung towards Bed-time it is said to ring Curfeu Hil. 3 Rich. 2. Coram Rege Rot. 8. London Curia See Court Curia advisare vult Is a Deliberation which the Court sometimes takes before they give Judgment in a Cause wherein there seems to be any point of difficulty for which see the New Book of Entries on this word Curia claudenda Is a Writ that lies against him who should fence and enclose his ground if he refuse or defer to do it Reg. of Writs fol. 155. Fitz. Nat. Br. fol. 127. New Book of Entries verbo Curia claudenda Curia Penticiarum Id est Curia in civitate Cestriae coram Vice-comite ibidem in Aula Penticia ejusdem Civitatis Pl. in Itin. apud Cestriam 14 Hen. 7. It is probable this Court was originally held under a Pentice or Shed covered with Bords and thence took denomination Curnock Is four Bushels or half a Quarter of Corn. Fleta lib. 2. cap. 12. Cursitors Clerici de cursu Of these there are in the Chancery twenty who make out original Writs and are a Corporation of themselves and to every Clerk are appointed certain Counties 2 Inst fol. 670. Curtesie of England Jus Curialitatis Angliae Is where a Man takes a Wife seised of Land in Fee-simple Fee-tail general or as Heir in Tail special and hath issue by her Male or Female born alive if the Wife die the Husband shall hold the Land during his life by the Law of England And he is called Tenant by the Curtesie of England because this Priviledge is not allowed in any other Realm except in Scotland where it is called Curialitas Scotiae See more upon this word in the Terms of the Law Curteyn Curtana Was the name of King Edward the Confessors Sword which is the first Sword that is carried before the Kings of England at their Coronation Matth. Paris in Hen. 3. And it is said the point of it is broken which may argue an emblem of Mercy Curtilage Curtilagium Hortus olitorius vel ubi olera leguntur A Gardin Yard Backside or as they call it in Herefordshire a Fold Persoluat decimam Lactis hortorum Curtilagiorum Lanae c. Provinciale Angl. lib. 3. tit de Decimis Et si in Curtilagio alicujus bladum seminaretur decimam garbam illius bladi sicut in campis percipiet Inq. 36 Hen. 3. Mihi dici videtur Curtilagium says Spelman à Curtillum ago scil locus ubi curtis vel curtilli negotium agitur It is mentioned Anno 4 Edw. 1. cap. unico Anno 35 Hen. 8. cap 4. and 39 Eliz cap. 2. See Coke vol. 6. fol 64. a. and Bulstrodes Rep. 2 par fol. 113. Custode admittendo Custode amovendo Are Writs for the admitting or removing of Guardians Reg. of Writs in indice Custodes libertatis Angliae Authoritate Parliamenti Was the stile or title in which Writs and other Judicial Proceedings did run in the Rump time that is from the Decollation of King Charles the First till the Vsurper Oliver was declared Protector c. mentioned in the Statute of 12 Car. 2. cap. 3. Custom Consuetudo hath the same signification with us as with the Civilians being by both accounted a part of the Law Consuctudo quandoque pro lege servatur saith Bracton in partibus uhi fuerit more utentium approbata longavi enim temporis usus consuetudinis non est vilis authoritas Lib. 1. cap. 3. Custom is a Law or Right not written which being established by long use and the consent of our Ancestors and those of our Kinred that are Ultra Tritavum hath been and daily is practised So that allowing the Father to be so much older then his Son as pubertas or the years of generation require the Grand-father so much elder then him and so forth usque ad tritavum we cannot say this or that is a Custom except we can justifie it hath continued so one hundred years For tritavus must be so much elder then the party that pleads it yet because that is hard to prove it is enough for the proof of a Custom if two or more witnesses can depose they heard their Fathers say it was a Custom all their time and that their Fathers heard their Fathers also say it was so in their time If it be to be proved by Record the continuance of one hundred years will suffice Sir Jo. Davies Rep. in Praef. fol. 32. Custom is either general or particular General is that which is currant through England whereof you shall read divers in Doctor and Student lib. 1. cap. 7. Particular is that which belongs to this or that Lordship City or Town Custom differs from Prescription that being common to more Prescription for the most part particular to this or that Man Again Prescription may be for a far shorter time than Custom viz. for five years or less Out of our Statute you may have greater diversity which see collected in Cowels Institutes tit de usucap longi temp praescript Custom is also used for the Tribute or Toll called Tonnage and Poundage which Merchants pay to the King for carrying out and bringing in Merchandise Anno 14 Edw. 3. Stat. 1. cap. 21. and 12 Car. 2. cap. 4. In which signification it is Latined Custuma Reg. of Writs fol. 138. a. and 4 Inst fol. 29. And lastly for such services as Tenants of a Mannor ow to their Lord. Custom-house Is a House in London where the Kings Customs are received and the whole business relating thereunto transacted Anno 12 Car. 2. cap. 4. Customary Tenants Tenentes per consuctudinem Are such Tenants as hold by the Custom of the Mannor as their special Evidence See Copihold Custos brevium Is an Officer belonging to the Court of Common Pleas and made by the Kings Letters Patent whose Office is to receive and keep all the Writs retornable in that Court and put them upon Files every return by it self and to receive of the Protonotaries all the Records of Nisi Prius called the Postea's For they are first brought in by the Clerks of the Assise of every Circuit to the Protonotary who entered the Issue in that matter to enter the Judgment And four days after the return thereof which is allowed to speak in Arrest of Judgment the Protonotary enters the Verdict and Judgment thereupon into the Rolls of the Court and afterwards delivers them over to the Custos Brevium who binds them into a bundle and makes entry also of the Writs of Covenant and the Concord upon every Fine and maketh forth Exemplifications and Copies of all Writs and Records in his Office and of all Fines lovied The Fines after they are engrossed are thus divided between the Custos brevium and the Chirographer this always keeps the Writ of Covenant and the Note the
Villenagium quod traditur villanis quod quis tempestive intempestive resumere possit pro voluntate sua revocare Lib. 4. tract 3. cap. 9. num 5. Demains according to common speech are the Lords chief Mannor place with the Lands thereto belonging which he and his Ancestors have from time to time kept in their own Manual occupation howbeit according to Law all the parts of a Mannor except what is in the hands of Freeholders are said to be Demains And the reason why Copihold is accounted Demain is because Copiholders are adjudged in Law to have no other estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands Demain is sometimes used in a more special signification as opposite to Frank-fee For example those Lands which were in the possession of King Edward the Confessor are called Ancient Demains and all others Frank-fee and the Tenants which hold any of those Lands are called Tenants in Ancient Demain the others Tenants in Frank-fee Kitchin fol. 98. See more on this subject in the Learned Spelman verbo Dominicum Demand Fr. Demande i. postulatio Signifies a calling upon a Man for any thing due It hath also a proper signification distinguished from Plaint For all Civil Actions are pursued either by Demands or Plaints and the pursuer is called Demandant or Plaintiff viz. Demandant in Actions Real and Plaintiff in Personal And where the Party pursuing is called Demandant the party pursued is called Tenant where Plaintiff there Defendant If a Man release to another all Demands this is the best Release which the Releasee can have and shall enure most to his advantage Littl. fol. 117. a. There are two manner of Demands the one in Deed the other in Law In Deed as in every Praecipe there is express Demand In Law as every Entry in Land Distress for Rent taking or seising of Goods and such like acts which may be done without any words are Demands in Law As a Release of Sutes is more large then a Release of Quarrels or Actions so a Release of Demands is more large and beneficial then either of them By Release of all Demands all Executions and all Freeholds and Inheritances executory are released By Release of all Demands to the Disseisor the right of Entry in the Land and all that is contained therein is released And he that releaseth all Demands excludes himself from all Actions Entries and Seisures but a Release of all Demands is no Bar in a Writ of Error to Reverse an Outlary Coke lib. 8. fol. 153 154. Demandant Petens Is he who is Actor or Plaintiff in a Real Action because he demandeth Lands c. Coke on Littl. fol. 127. b. See Demand Demain-Cart of an Abbot Seems to be that Cart which the Abbot used upon his own Demain Anno 6 Hen. 3. cap. 21. Demi-haque See Haque and Haquebuz Demise Dimissio Is applied to an Estate either in Fee-simple Fee-tail or for term of Life and so it is commonly taken in many Writs 2 Part. Inst fol. 483. The Kings death is in Law termed the Demise of the King Demsters See Deemsters Demurrer from the Fr. Demeurer i. Manere in aliquo loco vel morari Is a kinde of pause or stop put to the proceedings of any Action upon a point of difficulty which must be determined by the Court before any further proceedings can be had therein For in every Action the Controversie consists either in Fact or in Law if in Fact that is tried by the Jury if in Law the Case is plain to the Judge or so hard and rare as it breeds just doubt We call that plain to the Judge wherein he is assured of the Law though perhaps the party and his Council yield not to it And in such case the Judge with his Associats proceed to Judgment without more ado but when it is doubtful then stay is made and a time taken either for the Court to consider further of it and agree if they can or else for all the Judges to meet together in the Exchequer Chamber and upon hearing what the Serjeants can say on both sides to determine what is Law And whatsoever they conclude stands firm without further Appeal Smith de Repub. Angl. lib. 2. cap. 13. This Demurrer is in our Records expressed in Latin by Moratur in Lege At the Common Law the Defendant sometimes demurreth to the Plaintiffs Count or Declaration and sometimes the Plaintiff demurs to the Defendants Plea by averring That it is not a sufficient Plea in the Law c. In Chancery the Defendant demurs to the Plaintiffs Bill averring it to be defective in such or such a point and demands the Judgment of the Court thereupon whether he shall be compelled to make any further or other answer thereunto c. See Moratur in Lege Denariata terrae See Fardingdeal of Land Denariatus Precium rei quae Denario constat Mercis redditus terrae Sciant quod ego Willielmus filius Philippi de Colewal Dedi Egidio de la Berne de Hereford pro quadam summa pecuniae Octo Denariatos annui redditus c. Sine dat Denelage or Danelage From the Sax. dane and laga lex Is the Law the Danes made here in England See Merchenlago Denizen Fr. Donaison i. Donatio Signifies an Alien that is enfranchised here in England by the Kings Charter and Donation and enabled in many respects to do as the Kings Native Subjects do namely to purchase and possess Lands to be capable of any Office or Dignity Yet is it short of Naturalization because a stranger naturalized may inherit Lands by descent which a Denizen cannot And again in the Charter whereby a Man is made Denizen there is commonly contained some one clause or other that abridges him of that full benefit which natural subjects enjoy And when a Man is thus enfranchised he is said to be under the Kings Protection or Esse ad fidem Regis Angliae before which time he can enjoy nothing in England Bracton lib. 5. tract 5. cap. 25. num 3. saith That he and his goods might be seised to the Kings use See Horns Mirror lib. 1. cap. de la Venue de Franc-plege and 2 Part. Inst fol. 741. De non Residentia Clerici Regis Is an ancient Writ the Form whereof see in 2 Part. Inst fol. 624. 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 a Christian Soul comes to a violent end without the fault of any reasonable Creature As if a Horse strike his Keeper and kill him If a Man in driving a Cart falls so as the Cart-wheel runs over him and presses him to death If one be felling a Tree and gives warning to the standers by to look to themselves yet a Man is killed by the fall of it 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 and distributed to the Poor by the Kings Almoner for expiation of this dreadful event though effected by unreasonable yea sensless and dead creatures Stamf. Pl. Cor. lib. 1. cap. 2. Bracton lib. 3. tract 2. cap. 5. Omnia quae movent ad Mortem sunt Deodanda Fleta says This Deodand is to be sold and the price distributed to the Poor for the Soul of the King his Ancestors and all faithful people departed this life Lib. 1. cap. 25. De Submersis Which Law seems to bear an imitation of that in Exodus cap. 21. Si cornu perierit bos virum vel mulierem ita ut moriatur lapidabitur bos neque comedetur caro ejus ac Dominus ejus crit innocens This word is mentioned in the Stat. De Officio Coronatoris Anno 4 Edw. 1. See 3 Part. Inst fol. 57. Deoneranda pro rata portionis Is a Writ that lies where one is distrained for a Rent that ought to be paid by others proportionably with him For example a Man holds ten Oxgangs of Land by Fealty and ten shillings Rent of the King and aliens one Oxgang thereof to one and another to another in Fee Afterward the Sheriff or other Officer distrains onely one of them for the Rent he that is so distrained may have this Writ for his relief Fitz. Nat. Br. fol. 234. Departer or Departure Is a word properly applied to him who first pleading one thing in Bar of an Action and being replied unto does in his Rejoynder wave that and shew another matter contrary or not pursuing his first Plea Plowden in Reneger and Fagossa fol. 7 8. Or it may be applied to a Plaintiff who in his Replication shews new matter from his Declaration As in Crokes 2 Part Bagshaws Case fol. 147. The Defendant hereupon demurred because it was a departure from the Declaration So if a Man plead a General Agreement in Bar and in his Rejoynder alleage a special one this shall be adjudged a Departure in Pleading Departure in despight of the Court Is when the Tenant or Detendant appears to the Action brought against him and hath a day over in the same Term or is called after though he had no day given him so it be in the same Term if he do not appear but make default it is a Departure in despight of the Court and therefore he shall be condemned which departure is always of the part of the Tenant or Defendant and the Entry of it is Quod praedictus A licet solenniter exactus non revenit sed in contemptum Curiae recessit defaltum fecit Coke lib. 8. fol. 62. Departers of Gold and Silver See Finors Depopulation Depopulatio A wasting pilling or destruction a desolation or unpeopling of any place Cokes 12 Rep. fol. 30. Depopulatores agrorum It appears by the Stat. 4 Hen. 4. cap. 2. that they were great offenders by the ancient Law and that the Appeal or Indictment of them ought not to be General but in Special manner They are called Depopulatores Agrorum for that by prostrating or decaying the Houses or Habitation of the Kings people they depopulate that is dispeople the Towns 3 Part. Inst fol. 204. Deposition Depositio Is the Testimony of a Witness otherwise called a Deponent put down in writing by way of answer to Interrogatories exhibited to that purpose in the Court of Chancery And when such witness is examined in open Court he is said to be examined Viva voce Deposition is also used for death as in Provin Angl. lib. 2. tit De feriis Ordinamus quod Festum Depositionis Sancti Johannis de Beverlaco 7 die Mail. Per Provinciam nostram antedictam perpetuit temporibus colebretur Deprivation Deprivatio A depriving bereaving or taking away With the loss or deprivation of all the Spiritual Promotions whereof c. Anno 2 3 Edw. 6. cap. 20. Deprivation of Bishops and Deans Anno 39 Eliz. cap. 8. De quibus sur Disseisin Is a Writ of Entry See Fitz. Nat. Br. fol. 191. Deraign or Dereyn Disrationare vel dirationare Signifies generally to prove as Dirationabit jus suum haeres propinquior Glanvil lib. 2. cap. 6. And Dirationabit terram illam in Curia mea He proved that Land to be his own Idem lib. 2. cap. 20. Bracton uses it in the same sence Habeo sufficientem disratiocinationem probationem lib. 4. tract 6. cap. 16. And so he useth disrationare lib. 4. cap. 22. And to Dereyn the Warranty Old Nat. Br. fol. 146. To Deraign that right 3 Edw. 1. cap. 40. And Westm 2. cap. 5. Anno 13 Edw. 1. cap. 5. When the Parson of any Church is disturbed to demand Tythes in the next Parish by a Writ of Indicavit the Patron shall have a Writ to demand the Advowson of the Tythes being in demand and when it is Deraigned then shall the Plea pass in the Court Christian as far forth as it is Deraigned in the Kings Court. In some places the Substantive Dereinment is used in the very literal signification with the French Disrayer or desranger that is turning out of course displacing or setting out of order as Deraignment or departure out of Religion Anno 31 Hen. 8. cap. 6. and 5 6 Edw. 6. cap. 13. And Dereinment or discharge of their profession 33 Hen. 8. cap. 29. Which is spoken of those Religious Men who forsook their Orders and Professions So Kitchin fol. 152. The Leasee enters into Religion and afterwards is dereigned And Britton cap. 21. hath these words Semounse desrenable for a Summons that may be challenged as defective or not lawfully made Of this you may read something more in Skene verbo Disrationare where in one signification he confounds it with our waging and making of Law See Lex Deraisnia Descent See Discent De son tort demesn Fr. Are words of Form used in an Action of Trespass by way of Reply to the Defendants Plea For example A. sues B. in such an Action B. answers for himself that he did that which A. calls a trespass by the command of C. his Master A. saith again that B. did it de son tort demesne sans ceo que C. luy command modo forma That is B. did it of his own wrong without that that C. commanded him in such form c. Detinet See Debito and Debet and Solet Detinue detinendo Is a Writ that lies against him who having Goods or Chattels deliver'd him to keep refuses to re-deliver them See Fitz. Nat. Br. fo 138. To this is answerable in some sort actio depositi in the Civil Law And he takes his Action of Detinue who intends to recover the thing deteined and not the Damages sustained by the Detinue Kitchin fol. 176. See the New Book of Entries verbo Detinue Devastaverunt bona Testatoris Is a Writ lying against Executors for
paying Legacies and Debts without Specialties to the prejudice of the Creditors that have Specialties before the Debts on the said Specialties are due for in this Case the Executors are as liable to Action as if they had wasted the Goods of the Testator riotoufly or converted them to their own use and are compellable to pay such Debts by Specialty out of their own Goods to the value of what they so paid illegally For the orderly payment of Debts and Legacies by Executors so as to escape a Devastation or charging their own Goods See the Office of Executors ca. 12. Devenerunt lat Is a Writ anciently directed to the Escheator when any of the Kings Tenants holding in Capite dyed and when his son and heir within age and in the Kings custody dyed then this Writ went forth commanding the Escheator that he by the Oath of good and lawful men enquire what Lands and Tenements by the death of the Tenant came to the King See Dyer fol. 360. Pl. 4. and Keilways Rep. fol. 199. a. Though this Writ in the sence abovesaid be disused yet a new use of it is prescribed by Act of Parl. 14 Car. 2. ca. 11. Entituled An Act for preventing frauds and regulating abuses in His Majesties Customes Devest Devestire Is contrary to Invest for as Invest signifies to deliver the posession of any thing so Devest signifies the taking it away Devise or Divise from the French Deviser to confer or converse with or from Diviser to divide or sort into several parcels Is properly that act by which a Testator gives or bequeaths his Lands or Goods by his last Will in Writing He who makes the Devise is called the Devisor and he to whom the Devise is made the Devisee The words of a Will the Law interprets in a larger and more favourable sence then those of a Deed For if Land be Devised to a man to have to him for ever or to have to him and his Assignes in these two Cases the Devisee shall have a Feesimple but given in the same manner by Feoffment he has but an Estate for term of life So if one Devise Land to an Infant in his Mothers Belly it is a good Devise but 't is otherwise by Feoffment Grant or Gift for in those Cases there ought to be one of ability to take presently otherwise it is void 14 Eliz. Dyer 304. and Coke on Litt. fol. 111. Deboires of Caleis Anno 2 Rich. 2. Stat. 1. ca. 3. Were the Customes due to the King for Merchandise brought to or carried out of Caleis when our Staple was there Paying their Customes and Devoyres to the King Anno 34 Ed. 3. ca. 18. Devoire in French signifies Duty Devorce See Divorce Dictum de Kenelworth Was an Edict or Award between King Henry the Third and all those Barons and others who had been in Armes against him and so called because it was made at Kenelworth-Castle in Warwickshire Anno 51 Hen. 3. containing a composition for the Lands and Estates of those who had forfeited them in that Rebellion Dicker of Leather Is a quantity consisting of Ten Hides The word probably comes from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies Ten. Diem claufit extremum Was a Writ that Issued out of the Chancery to the Escheator of the County upon the death of any of the Kings Tenants in Capite to inquire by a Jury of what Lands he died seised and of what value and who was next heir to him Fitz. Nat. Br. fol. 251. Dies In the Common-Law there are Dies juridici Dies non juridici Dies non juridici are all Sundayes in the Year and in Easter-Yerm the Feast of the Ascension of our Lord in Trinity Term the Nativity of St John Baptist in Michaelmas Term the Feasts of All Saints and All Souls and in Hillary Term the Purification of the Blessed Virgin Mary And this was the Antient Law of England and extends not onely to Legal Proceedings but to Contracts 2 Part. Inst fol. 264. Dies datus Is a Day or time of Respit given to the Tenant or Defendant by the Court Brooke tit Continuance Dignitaries dignitarii Are those who are advanced to the Ecclesiastical dignity of Dean Arch-deacon Prebendary c. See 3 Part. Inst fol. 155. Dieta rationabilis Is in Bracton used for a reasonable days Journey Lib. 3. Tract 2. ca. 16. Dignity Ecclesiastical Dignitas Ecclesiastica Is mention'd in the Stat. 26 Hen. 8. ca. 31 32. ejusdem ca. 15. And is by the Canonists defin'd to be Administratio cum jurisdictione potestate aliqua conjuncta whereof you may read divers examples in Duarenus de Sacris Eccles Ministris Beneficiis lib. 2. ca. 6. Of Dignities and Prebends Cam. reckons in England 544. Britan. pa. 161. Dilapidation dilapidatio A wastful spending or destroying or the letting Buildings run to ruine and decay for want of due reparation Anno 13 Eliz. ca. 10. Money recover'd for dilapidations shall be employ'd in repair of the same Houses Anno 14 Eliz. ca. 11. Dioces diocesis from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies with us the Circuit of every Bishops Jurisdiction for this Realm hath two sorts of Divisions one into Shires or Counties in respect of Temporal Policy another into Diocesses in order to Jurisdiction Ecclesiastical of which we reckon 22 in England and 4. in Wales Dimidietas The one half Sciant quod ego Matilda filia Willielmi le Franceys dedi Waltero de Stetton dimidietatem illius Burgagii c. sine dat Ex libro Cart. Priorat Leominstr Disability disabilitas Is when a man is disabled or made incapable to inherit or take that benefit which otherwise he might have done which may happen four wayes by the act of the Party or his Ancestor by the act of Law or of God Disability by the parties own act is If I bind my self that upon surrender of a Lease I will grant a new Estate to the Lessee and afterwards I grant over my Reversion In this case though I afterwards repurchase the reversion yet I have forfeited my Obligation because I was once disabled to perform it Coke lib. 5. fol. 21. Also if a Man be Excommunicated he cannot during that time sue any Action but shall be thereby disabled Coke lib. 8. fol. 69. Disability by the act of an Ancestor is if a man be attainted of Treason or Felony by this attainder his blood is corrupt and both himself and children disabled to inherit Disability by the Act of Law is most properly when a Man by the sole act of the Law is disabled and so is an Alien born who is disabled to take any benefit thereby Disability by the Act of God is where a man is not of whole Memory which disables him so that in all cases where he passeth any Estate out of him it may after his death be disanull'd for it is a Maxim in Law That a Man of
full Age shall never be recceav'd to disable his own person Coke lib. 4. fol. 123 124. Disalt Signifies as much as to disable Littleton in his Chapter of Discontinuance Discarcatio An unloading Ex Codice M. S. in Turr. Lond. Disboscatio A turning Wood-ground into Arable or Pasture an assarting See Assart Disceit See Deceit and Deceptione Discent Latin Discensus French Descente An order or means whereby Lands or Tenements are derived unto any Man from his Ancestors As to make his discent from his Ancestors Old Nat. Br. fol. 101. is to shew how and by what particular degrees the Land in question came to him from his Ancestors This Discent is either Lineal or Collateral Lineal Discent is convey'd downward in a right-line from the Grandfather to the Father and from the Father to the Son and from the Son to the Nephew c. Collateral Discent springs out of the side of the whole blood as Grandfathers brother Fathers brother c. If one die seised of Land in which another has right to enter and it descends to his Heir such discent shall take away the others right of entry and put him to his Action for recovery thereof Stat. 32 Hen. 8. ca. 33. Coke on Litt. fol. 237. Disclaimer from the French Clamer with the privative Dis Is a Plea containing an express denyal renouncing or disclaiming As if the Tenant sue a Replevin upon a Distress taken by the Lord and the Lord Avow saying That he holds of him as of his Lord and that he Distreyned for Rent not paid or Service not perform'd then the Tenant denying to hold of such Lord is said to Disclaim and the Lord proving the Tenant to hold of him the Tenant loseth his Land Also if a man denying himself to be of the Blood or Kindred of another in his Plea is said to Disclaim his Blood See Coke on Litt. fol. 102. and Fitz. Nat. Br. fol. 197. If a man Arraigned of Felony Disclaim Goods being cleared he loseth them See Broke and New Book of Entries tit Disclaimer And Stamf. Pl. Cor. fol. 186. In Chancery if a Defendant by his Answer Disclaim the having any interest in the thing in question this is also called a Disclaimer Discontinuance Discontinuatio Signifies an interruption intermission or breaking off as Discontinuance of Possession or of Process The effect of Discontinuance of Possession is this That a Man may not enter upon his own Land or Tenement alienated whatsoever his right be to it of his own self or by his own authority but must bring his Writ and seek to recover Possession by Law As if a Man alien the Lands he hath in right of his Wife or if Tenant in Taile make any Feoffment or Lease for Life not warranted by the Stat. 32 Hen. 8. by Fine or Livery of Seizin such Alienations are called Discontinuances which are indeed impediments to an Entry whereby the true owner is left onely to his Action See the Institutes of the Common-Law ca. 43. and Cokes Reports lib. 3. Case of Fines The effect of Discontinuance of Plea is That the opportunity of Prosecution is lost and not recoverable but by beginning a new Sute For to be Discontinued and to be put without Day is all one and nothing else but finally to be dismissed the Court for that instant So Crompton in his Jurisdict fol. 131. useth it in these words If a Justice Seat be Discontinued by the not coming of the Justices the King may renew the same by His Writ c. In this signification Fitz. in his Nat. Br. useth it divers times as Discontinuance of Corody fol. 193. a. To Discontinue the right of his Wife fol. 191. L. and 193. L. Discontinuance of an Action Discontinuance of an Assize fol. 182. D. 187. B. Anno 31. Eliz. ca. 1. 12 Car. 2. ca. 4. and 14 ejusdem ca. 10. Coke on Littl. fol. 325. Disfranchise 14 Car. 2. ca. 31. To take away ones Freedom or Priviledge it is the contrary to Enfranchise which vide Disgrading or Degrading Degradatio Is the punishment of a Clerk who being delivered to his Ordinary cannot purge himself of the offence whereof he was convict by the Jury and it is the privation or devesting of the Holy Orders which he had as Priesthood Deaconship c. Stamf. Pl. Cor. fol. 130 138. There is likewise the Disgrading of a Lord Knight c. Sir Andrew Harkley Earl of Carlisle was convicted degraded and attainted of Treason Hill 18 Edw. 2. Coram Rege Rot. 34 35. And by the Stat. 13 Car. 2. cap. 15. William Lord Monson Sir Henry Mildmay and others therein named were degraded from all Titles of Honor Dignities and Preheminencies and none of them to bear or use the Title of Lord Knight Esquire or Gentleman or any Coat of Arms for ever after c. By the Canon Law there are two sorts of degrading one Summary by word onely the other Solemn by devesting the party degraded of those Ornaments and Rights which are the Ensigns of his Order or Degree See Seldens Titles of Honor fol. 787. Disherison Fr. Desheritement Is an old word signifying as much as Disinheriting It is used in the Statute of Vouchers made 20 Edw. 1. Our Lord the King considering his own damage and disherison of his Crown c. And in 8. Rich. 2. cap. 4. Disheritor The Sheriff shall forthwith be punished as a Disheritor of our Lord the King and his Crown Anno 3 Edw. 1. cap. 39. One that disinheriteth or puts another out of his inheritance Dismes Decimae Are Tythes or the Tenth Part of all the Fruits either of the Earth or Beasts or our Labor due to God and consequently to him who is of the Lords lot and had his share viz. our Pastor Also the Tenths of all Spiritual Livings yearly given to the Prince called a Perpetual Dism Anno 2 3 Edw. 6. cap. 35. Which in ancient times were paid to the Pope till he gave them to Richard the Second to aid him against Charles the French King and those others that upheld Clement the Seventh against him Pol. Virg. Hist Angl. lib. 20. Lastly It signifies a tribute levied of the Temporalty Holinshed in Hen. 2. fol. 111. Disparagement Disparagatio Was used especially for matching an Heir in Marriage under his or her degree or against decency See Cowels Institutes tit De Nuptiis sect 6. and Coke on Littl. fol. 107. b. Dispauper When any person by reason of his poverty attested by his own Oath of not being worth 5 l his Debts being paid is admitted to sue in forma pauperis if afterwards before the sute be ended the same party have any Lands or Personal estate faln to him or that the Court where the sute depends think fit for that or other reason to take away that priviledge from him then he is said to be dispaupered that is put out of the capacity of suing in Forma Pauperis Disrationare Est contrarium ratiocinando asserere vel
she demanded her Dower in the Mannor of Torpull part of the Possessions of Sir John Camois her first Husband there grew a Memorable Sute in Law but wherein she was overthrown and Judgment pronounced That she ought to have no Dower from thence◠upon the Stat. of Westm 2. Quia recessit a marito suo in vita sua vixit ut Adultera cum praedicto Guilielmo c. This Case is cited also in 2 Inst fol. 435. Of Dower Read Fleta who Writes largely and Learnedly of it Lib. 5. ca. 22. seq Among the Jews the Bridegroom at the time of the Marriage gave his Wife a Dowry Bill the Form whereof you may see in Moses and Aaron pa. 235. Dozein Decenna In the Stat. for view of Frankpledge made 18 Ed. 2. one of the Articles for Stewards in their Leets to enquire of is If all the Dozeins be in the Assize of our Lord the King and which not and who received them Art 3. See Deciners Also there is a sort of Devonshire Kersies called Dozens Anno 5 6 Ed. 6. ca. 6. Drags Anno 6 Hen. 6. ca. 5. seem to be Wood or Timber so joyned together as that swimming or floating upon the Water they may bear a burden or load of other Wares down the River Drawlatches Anno 5 Edw. 3. ca. 14. and 7 Rich. 2. ca. 5. Lamb. in his Eiren. lib. 2. ca. 6. calls them Miching Thieves as Wasters and Roberds-men mighty Thieves saying the Words are grown out of use Dreit-Dreit Signifies a double-right that is Jus possessionis jus Dominii Bracton lib. 4. ca. 27. and lib. 4. Tract 4. ca. 4. and lib. 5. Tract 3. ca. 5. Coke on Litt. fol. 266. Drenches or Drenges Drengi Were Tenentes in Capite sayes an ancient M. S. Domesday Tit. Lestrese Roger. Pictaviens Neuton Hujus Manerii aliam terram 15 homines quos Drenches vocabant pro 15 Maneriis tenebant They were sayes Spelman e genere vassallorum non ignobilium cum singuli qui in Domesd nominantur singula possiderent Maneria Such as at the coming in of the Conqueror being put out of their Estates were afterward upon complaint unto him restored thereunto for that they being before owners thereof were neither in auxilio or consilio against him of which number was Sharneburne of Nōrfolk Sir Edward Coke on Littl. fol 5. b. sayes Dreuchs are Free-Tenants of a Mannor misprinted doubtless for Drenches In Cukeney manebat quidam homo qui vocabatur Gamilbere fuit ver us Dreynghe ante Conquestum tenuit duas Carucatas terrae de Domino Rege in Capite pro tali servicio de ferrando Palefridum Dom. Regis super quatuor pedes de Cluario Dom. Regis quotiescunque ad Manerium suum de Mansfeld jacuerit si inclaudet Palefridum Domini Regis dabit ei Palefridum quatuor Mercarum Mon. Angl. 2. p. fol. 598. a. Drengage Drengagium vel servitium Drengarii The Tenure by which the Drenches held their Lands of which see Trin. 21 Ed. 3. Ebor. Nortbumb Rot. 191. Notandum est eos omnes eorumve antecessores qui e Drengorum classe erant vel per Drengagium tenuere sua incoluisse patrimonia ante adventum Normannorum Spelm. Drie Exchange Anno 3 Hen. 7. ca. 5. cambium siccum Seems to be a cleanly term invented for the disguising foul Usury in which something is pretended to pass on both sides whereas in truth nothing passeth but on the one side in which respect it may well be called Dry. Of this Lud. Lopes tract de Contract Negotiat lib. 2. ca. 1. Sect. Deinde postquam writes thus Cambium est reale vel siccum Cambium reale dicitur quod consistentiam veri Cambii realem habet Cambium per trans Cambium minutum Cambium autem siccum est Cambium non habens existentiam Cambii sed apparentiam ad instar arboris exsiccatae quae humore vitali jam carens apparentiam arboris habet non existentiam Drie rent rent seck See Rent Drift of the Forest Agitatio animalium in Foresta Is an exact View or Examination what Cattel are in the Forest that it may be known whether it be over charged or not and whose the Beasts are and whether they are Commonable Beasts c. When how often in the Year by whom and in what manner this Drift is to be made See Manwood Part. 2. ca. 15. and 4 Inst fol. 309. Drinklean Sax. drinc-lean In some Records written Potura Drinklean Is a Contribution of Tenants towards a Potation or an Ale provided to entertain the Lord or his Steward a Scot-ale Drofdennes Quod Dominus debet habere Drofdennes arbores de crescentia xl annorum infra Kane Pasch 44 Edw. 3. quaere Drofdenn among our Saxons signified a Grove or Woody place where Cattel were kept and the Keeper of them was called Drofman Drofland or Dryfland from the Sax. dryfene i. Driven Was antiently a Quit-rent or Yearly payment made by some Tenants to their Landlords for driving their Cattel through the Mannor to Faires and Markets Mr. Philips Mistaken Recompence fol. 39. Droit French Droict In Law there are six kinds of it viz. 1. Jus recuperandi 2. Jus intrandi 3. Jus habendi 4. Jus retinendi 5. Jus percipiendi 6. Jus possidendi All these several sorts of rights following the relations of their objects are the effects of the Civil Law Vide Coke on Littl fol. 266 345. b. Of meer droit and very right Anno 27 H. 8. ca. 26. Droit de Advowzen See Recto de Advocatione Ecclesiae Droit close See Recto clausum Droit de Dowre See Recto dotis Droit sur disclaimer See Recto sur disclaimer Droit patent See Recto patens and Calthrops Rep. fol. 132. Duces tecum Is a Writ commanding one to appear at a day in the Chancery and to bring with him some Evidences or other thing which the Court would view Which is also granted where a Sheriff having in his custody a Prisoner in an Action Personal returns upon a Habeas Corpus that he is adeo languidus that without danger of death he cannot have his Body before the Justices See New Book of Entries on this Word Duell Duellum according to Fleta Est singularis pugna inter duos ad probandam veritatem litis qui vicerit probasse intelligitur c. Stat. de Finibus levatis 27 Edw. 1. The trial by Duel Combat or Campfight in doubtful Cases is now difused though the Law on which it was grounded be still in force See 3 Part. Inst fol. 221. and see Combat Per libertatem habere duellum Johannes Stanley Ar. clamat quod si aliquis placitaverit aliquent de libero tenemento in Curia sua de Aldford per breve Domini Comitis de recto patent tenere terminare praedictum placitum per duellum prout jus est per Communem legem Plac. in Itin. apud Cestriam 1. 4. Hen. 7. Stephanus de Nerbona omnibus
Exchequer c. The manner of their Creation is by Girding them with a Sword Cam. pa. 107. but see the Solemnity described more at large in Stowes Annals pa. 1121. Their place is next to a Marquess and before a Viscount Comitatus a Comite dicitur aut vice versa See more on this Subject in Spelmans Gloss verbo Comites and in Seldens Titles of Honour fol. 676. and see Countee Easement Aisiamentum from the French Aise i. commoditas Is a Service or Convenience which one Neighbour has of another by Charter or Prescription without Profit as a Way through his Ground a Sink or such like Kitchin fol. 105. Whioh in the Civil-Law is called Servitus praedii Praecipias R. quod juste sine dilatione permittat habere H. aisimenta sua in Bosco in pastura de villa illa c. Breve Regium vetus apud Glanvil lib. 12. ca. 14. Eberemurder Sax. ebere-mord Apertum Murdrum Was one of those Crimes which by Henry the Firsts Laws ca. 13. Emendari non possunt Hoc ex scelerum genere fuit nullo pretio etiam apud Saxones nostros expiabilium cum alia licuit pecuniis commutare Spelman Ecclesia Lat. Is most used for that place where Almighty God is Served commonly called a Church But Fitz. sayes by this word Ecclesia is meant onely a Parsonage and therefore if a Presentment be made to a Chappel as to a Church by the name Eoclesia this does change the nature of it and makes it presently a Church Nat. Br. 32. When the Question was Whether it were Ecclesia aut Capella pertinens ad matricem Ecclesiam The issue was Whether it had Baptisterium Sepulturam for if it had the Administration of Sacraments and Sepulture it was in Law judged a Church Trin. 20 Edw. 1. in banco Rot. 177. 2 Inst fol. 363. Ecclesiastical Persons Are either Regular or Secular Regular are such as lead a Monastical Life under certain Rules and have Vowed Obedience perpetual Chastity and wilfal Poverty When a Man is Professed in any of the Orders of Religion he is said to be a Man of Religion a Regular or Religious of this sort are Abbots Priors Monks Friers c. Secular are those whose ordinary Conversation is among Men of the World and Profess the Undertaking the Charge of Souls and live not under the Rules of any Religious Order such are Bishops Parish-Priests c. Eele fares alias Eele vare Anno 2. 5. H. 8. The Fry or Brood of Eeles Effractores Lat. Burglars that break open Houses to steal Qui furandi causa domos effringunt vel se 〈◊〉 carcere proripiunt Etiam qui scrinia expoliant MS. Egyptians Aegyptiani Are in our Statutes a Counterfeit kind of Rogues who being English or Welsh People disguise themselves in strange habits smearing their faces and bodies and framing to themselves an unknown Canting Language wander up and down and under pretence of Telling Fortunes Curing Diseases and such like abuse the Common-people by stealing all that is not too hot or too heavy for their carriage Anno 1 2 Phil. Ma. ca. 4. Anno 5 Eliz. ca. 20. These are like those whom the Italians call Cingari Ejectione custodiae Ejectment de gard Is a Writ which lay properly against him that did cast out the Gardian from any Land during the Minority of the Heir Reg. of Writs fol. 162. Fitz. Nat. Br. fol. 139. There are two other Writs not unlike this the one termed Droit de gard or Right of gard the other Ravishment de gard which see in their places Ejectione firmae Is a Writ which lies for the Lessee for years who is ejected before the expiration of his term either by the Lessor or a stranger Reg. of Writs fol. 227. Fitz. Nat. Br. fol. 220. See Quare ejecit infra terminum and New Book of Entries verbo Ejectione firmae Eigne French Aisne Eldest First-born As Bastard eigne mulier puisne Litt. Sect. 399. See Mulier Einecia borrowed of the French Aisne i. Primogenitus signifies Eldership Stat. of Ireland 14 Hen. 3. Of this read Skene verbo Eneya And see Esnecy Eyniciam filiam suam maritare to Marry his eldest Daughter Eire alias Eyre from the old French word Erre i. Iter as a grand erre i. magnis itineribus Signifies the Court of Justices Itinerant For Justices in Eyre are those whom Bracton in many places calls Justiciarios Itinerantes The Eyre of the Forest is the Justice Seat otherwise called which by ancient Custom was held every three years by the Justices of the Forest journying up and down to that purpose Bracton lib. 3. Tract 2. ca. 1 2. Britton ca. 2. Cromp. Jur. fol. 156. Manwood par 1. pa. 121. Read Skene verbo Iter whereby as by many other places you may see great affinity between these two Kingdoms in the Administration of Justice and Government See Justice in Eyre Election Electio Is when a Man is left to his own Free-will to take or do one thing or another which he pleaseth In case an Election be given of two several things he who is the first agent and ought to do the first act shall have the Election As if a man make a Lease rendring a Rent or a Robe the Lessee shall have the Election as being the first agent by payment of the one or delivery of the other Coke on Litt. pa. 144. b. Election de Clerk Electione clerici Is a Writ that lies for the choice of a Clerk assigned to take and make Bonds called Statute-Merchant and is granted out of the Chancery upon suggestion that the Clerk formerly Assigned is gone to dwell in another place or hath impediments to follow that business or not Land sufficient to answer his transgression if he should deal amiss c. Fitz Nat. Br. fol. 164. Elegit from the words in it Elegit sibi liberari Is a Writ Judicial and lies for him that hath recover'd Debt or Damages or upon a Recognizance in any Court against one not able in his Goods to satisfie and directed to the Sheriff commanding him to make delivery of half the Parties Lands and all his Goods Oxen and Beasts for the Plough excepted Old Nat. Br. fol. 152. Reg. of Writs fol. 299 and 301. and the Table of the Reg. Judicial whâ—ch expresseth divers uses of this Writ The Creditor shall hold the Moity of the said Land so delivered to him till his whole Debt and Dammages are satisfy d and during that term he is Tenant by Elegit Westm 2. cap. 18. See Coke on Litt. fol. 289. b. Elk A kind of Ewe to make Bows Anno 33 Hen. 8. ca. 9. Eloine from the French Esloigner to remove banish or send a great way from If such as be within Age be Eloined so that they cannot Sue Personally their next Friends shall be admitted to Sue for them Anno 13 Edw. 1. ca. 15. Elopement Is when a Marryed Woman of her own accord departs from her Husband and lives
with an Adulterer whereby without voluntary submission or reconcilement to her Husband she shall lose her Dower by the Stat. of Westm 2. ca. 34. according to this old Dystich Sponte virum mulier fugiens Adultera facta Dote sua careat nisi sponso sponte retracta A Woman thus leaving her Husband is said to Elope and her Husband in this case shall not be compell'd to allow her any Alimony See Alimony I am perswaded the word is taken from the Saxon geleowan i. To depart from one place to dwell in another the Saxon w being easily mistaken for a p. Emblements from the French Emblâ—vence de bled i. Corn sprung or put up above ground Signifies strictly the Profits of Land which has been Sowed but the word is sometimes used more largely for any Profits that arise and grow naturally from the Ground as Grass Fruit Hemp Flax c. If Tenant for Life sow the Land and die his Executor shall have the Emblements and not he in reversion But if Tenant for years sow the Land and before severance the term expires there the Lessor or he in reversion shall have the Emblements and not the Lessee Vide Coke lib. 11. fol. 51. Embraceor Anno 19 Hen. 7. ca. 13. Is he that when a Matter is in Trial between Party and Party comes to the Bar with one of the Parties having receiv'd some Reward so to do and speaks in the Case or privately labors the Jury or stands there to survey or over-look them whereby to awe or put them in fear The Penalty whereof is 20 l. and Imprisonment at the Justices discretion by the said Statute Embracery Is the Act or Offence of Embraceors To instrnct the Jury or promise reward for or before appearance is Embracery Noys Rep. fol. 102. Embre or Embring-dayes Anno 2 3 Edw. 6. ca. 19. Are those which the ancient Fathers called Quatuor tempora and are of great Antiquity in the Church being observâ—d on Wednesday Friday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood day in September and St. Lucy's day in December and are so called from the Saxon ymb-ren i. cursus vel circulus because constantly observ'd at set seasons in the course or Circuit of the Year They are mention'd by Britton ca. 53. and others In 3 Part. Inst fol. 200. it is said These Embring dayes are the week next before Quadragesima which is a great mistake Emendals Emenda Is an old word still used in the Accounts of the Inner-Temple where so much in Emendals at the fcot of an Account signifies so much in the Bank or Stock of the House for Reparation of Losses or other emergent occasions Quod in restaurationem damni tribuitur says Spelman Empanel Ponere in Assisis Juratis Signifies the Writing and Entring the Names of a Jury into a Parchment Schedule or Roll of Paper by the Sheriff whom he has Summon'd to appear for the performance of such Publick Service as Juries are employ'd in See Panel Emparlance From the French Parler to speak Signifies a Desire or Petition in Court of a Day to pause what is best to do the Civilians call it Petitionem induciarum Kitchin fol. 200. says If he imparl or pray continuance c. where praying continuance is spoken interpretatively and fol. 201. mentions imparlance general and special The first seems to be that which is made onely in one word and in general terms Emparlance special where the Party requires a Day to deliberate adding also these words Saluis omnibus advantagiis tam ad jurisdictionem Curiae quam ad breve narrationem or such like Britton useth it for the conference of a Jury upon the Cause committed to them ca. 53. See Imparlance Encheson French Signifies occasion cause or reason wherefore any thing is done 50 Ed. 3. ca. 3. See Skene in hoc verbum Encroachment or Accroachment Fr. Accrochement i. A grasping or hooking Signifies an unlawful encroaching or gathering in upon another man As if two mens Grounds lying together the one presseth too far upon the other or if a Tenant owe two shillings Rent-service and the Lord exacts three So Hugh and Hugh Spencer encroached unto them Royal Power and Authority Anno 1 Edw. 3. in Proaem Enditement Indictamentum from the French Enditer i. Deferre nomen alicujus Is a Bill or Declaration drawn in form of Law for the benefit of the Common-wealth and exhibited by way of Accusation against one for some offence either Criminal or Penal and preferred unto Jurors and by their Verdict found and Presented to be true before a Judge or Officer that has power to punish or certifie the Offence An Inditement is alwayes at the Sute of the King and differs from an Accusation in this That the Preferrer of the Bill is no way tied to the Proof of it upon any Penalty except there appear conspiracy See Stamf. pl. Cor. lib. 2. ca. 23. usque 34. Enditements of Treason and of all other things ought to be most curiously and certainly penned Coke 7. Rep. Calvins Case The day year and place must be put in See the Stat. 37 Hen. 8. ca. 8. And 3 Part. Inst fol. 134. Endowment Dotatio Signifies the bestowing or assuring of a Dower See Dower But it is sometimes used Metaphorically for the setting forth or severing a sufficient portion for a Vicar towards his perpetual maintenance when the Benefice is appropriated See Appropriation and the Stat. 15 Rich. 2. ca. 6. Endowment de la plus belle part Is where a man dying seized of some Lands holden in Knights-service and other some in Soccage the Widow is sped of her Dower in the Lands holden in Soccage as being the fairer or better part Of which see Lattleton at large lib. 1. cap. 5. Enfranchise French Enfranchir To make Free to Incorporate a man into any Society or Body Politic to make one a Free Denizen Enfranchisement French Signifies the Incorporating a Man into any Society or Body Politick For example he that by Charter is made Denizen of England is said to be Enfranchised and so is he that is made a Citizen of London or other City or Burgess of any Town Corporate becaufe he is made partaker of those Liberties that appertain to the Corporation whereinto he is Enfranchised So a Villain was Enfranchised when he was made Free by his Lord. Englecerie Englecherie or Engleschyre Engleceria Is an old abstract word signifying the being an Englishman For example if a Man were privily slain or murdered he was in old time accounted Francigena which comprehended every alien especially Danes until Englecerie was proved that is until it were made manifest that he was an Englishman Bracton lib. 3. tract 2. cap. 15. num 3. This Englecery for the abuses and troubles that afterward were perceived to grow by it was absolutely taken away by Stat. 14 Edw. 3. cap. 4. Enheritance See Inheritance Enitia pars See Esnecy Enquest Fr. Lat. Inquisitio Is especially taken
attributed to Justices of Circuit Pl. Cor. fol. 15. and Bailiffs at large See Justices in Eyre and Bailiff See Eyre Errour Error Signifies more specially an Error in Pleading or in the Proces Broke tit Errour Whereupon the Writ which is brought for remedy of this over-sight is called a Writ of Error in Latin De Errore Corrigendo thus defined by Fitz. Nat. Er. fol. 20. A Writ of Error doth also lie to redress false Judgment given in any Court of Record as in the Common Bench London or other City having power by the Kings Charter or Prescription to hold Plea of Debt or Trespass above xxs. This is borrowed from the French practice which they call Proposition d'Erreur whereof you may read in Gregorius de Appell pag. 36. In what diversity of Cases this Writ lies see the Statute of 27 Eliz. cap. 9. Râ—g of Writs in the Table and Reg. Judicial fol. 34. There is likewise a Writ of Error to Reverse a Fine West par 2. Symbol tit Finâ—s 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâ—quâ—r see 16 Car. 2. cap. 2. and 20 Ejusdom cap. 4. And for Redressing and Prevention of Error in Fines and Recoveries the Statute of 23 Eliz. cap. 3. for Inrolling them Errore corrigendo See Error Escambio from the Span. Cambiar to change Is a Licence granted to one for the making over a Bill of Exchange to another over Sea Reg. of Writs fol. 194. a. For by the Statute of 5 Rich. 2. cap. 2. Merchant ought to Exchange or return Money beyond Sea without the Kings License Escape from the Fr. Eschapper i. Effugere Signifies a violent or privy evasion out of some lawful restraint For example if the Sheriff upon a Capias directed to him take one and endeavor to carry him to the Goal and he by the way either by violence or slight breaks from him this is called an Escape Stamf. lib. 1. cap. 26 27. Pl. Cor. names two kindes of Escape voluntary and negligent Voluntary is when one Arrests another for Felony or other crime and afterward lets him go In which Eseape the party that permits it is by Law guilty of the fault committed by him that escapes be it Felony Treason or Trespass Negligent Escape is when one is Arrested and afterward escapes against his will that arrested him and is not pursued by fresh suit and taken again before the party pursuing hath lost the sight of him Read Cromptons Justice fol. 36. Eschange or Exchange Escambium Hanc terram cambiavit Hugo Briccuino quod modo tenet Comes Moriton ipsum Scambium valet duplum Domesday See Exchange Escheat Esehaeta from the Fr. Escheoir i. cadere accidere Signifies any Lands or other profits that casually fall to a Lord within his Mannor by way of Forfeiture or by the Death of his Tenant leaving no Heir general nor special Mag. Charta cap. 31. Fitz. Nat. Br. fol. 143. T. Escheat is also used sometimes for the place or circuit in which the King or other Lord hath Escheats of his Tenants Bracton lib. 3. tract 2. cap. 2. Pupilla ocull par 2. cap. 22. Escheat thirdly is used for a Writ which lies where the Tenant having Estate of Fee-simple in any Lands or Tenements holden of a Superior Lord dies seised without Heir general or special In which case the Lord brings this Writ against him that possesseth the Lands after the death of his Tenant and shall thereby recover the same in lieu of his services Fitz. Nat. Br. fol. 144. In the same sence as we say The Fee is Escheated the Feudists use Feudum Aperitur See Coke on Littl. fol. 92. b. Escheator Escaetor Was an Officer appointed by the Lord Treasurer who observed the Escheats due to the King in the County whereof he was Escheator and certified them into the Chancery or Exâ—hequer and found Offices after the Death of the Kings Tenants which held by Knights-service in Capite or otherwise by Knights-service he continued in his Office but one year nor could any be Escheator above once in three years Anno 1 H. 8. cap. 8. 3 Ejusdem cap. 2. See more of this Officer and his Authority in Crom. Just of Peace Fitzberbert calls him an Officer of Record Nat. Br. fol. 100. because that which he certified by vertue of his Office had the credit of a Record Officium Escaetriae is the Escheatorship Reg. of Writs fol. 259. b. This Office having its cheif dependence on the Court of Wards is now in a manner out of date See 4 Inst fol. 225. Escbequer Scaccarium from the Fr. Eschequier i. Abacus tabula lusoria Is a Court of Record wherein all Causes touching the Revenue of the Crown are heard and determined and wherein the Revenue of the Crown is received Pol Virgil lib. 9. Hist Angl. says the true word in Latin is Statarium and by abuse called Scaccarium Camden in his Britan pa. 113. saith This Court or Office took name A Tabula ad quam Assidebant the Cloth which covered it being parti-coloured or Chequered We had it from the Normans as appears by the Grand Custumary cap. 56. where it is thus described The Eschequer is called an Assembly of High Justiciers to whom it appertains to amend that which the Bailiffs and other Inferior Justiciers have misdone and unadvisedly judged and to do right to all men without delay as from the Princes Mouth This Court consists of two parts whereof one is conversant especially in the Judicial Hearing and Deciding all Causes pertaining to the Princes Coffers anciently called Scaccarium Computorum the other is called the Receipt of the Exchequer which is properly employed in the receiving and payment of Money The Officers belonging to both these you may finde named in Cam. Brit. cap. Tribunalia Angliae to whom I refer you The Kings Exchequer which now is setled at Westminster was in divers Counties of Wales Anno 27 Hen. 8. cap. 5. 26. See Orig. Juridiciales fol. 49. and 4 Part. Inst fol. 103. Escuage Scutagium from the Fr. Escu i. a Buckler or Shield Signifies a kinde of Knights-service called Service of the Shield the Tenant holding by it was bound to follow his Lord into the Scotish or Welsh Wars at his own charge For which see Chivalry Escuage is either uncertain or certain Escuage uncertain is properly Escuage and Knights-service being subject to Homage Fealty and heretofore Ward and Marriage so called because it was uncertain how often a man should be called to follow his Lord into those Wars and what his charge would be in each journey Escuage certain is that which yearly pays a certain Rent in lieu of all Services being no further bound then to pay his Rent be it a Knights Fee half or the fourth part of a Knights Fee according to the quantity of his Land and this loseth the nature of Knights-service though it hold the name of Escuage being in
his right hand over the Book and say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall ow you Fealty for the Land that I hold of you in Villange and shall be justified by you in Body and Goods So help me God and all his Saints See Reg. of Writs fol. 302. a. Fidelitas est fidei ubsequii servitii ligamen quo generaliter subditus Regi particulariter vassallus domino astringitur Spel. Fée Feodum alias Feudum Is applied to all those Lands and Tenements which we hold by perpetual right and by an acknowledgment of any superiority to a higher Lord. Those that write of this subject divide all Lands and Tenements wherein a Man hath a perpetual estate to him and his heirs into Allodium and Feudum Allodium is defined to be every Man 's own Land c. which he possesseth meerly in his own right without acknowledgment of any service or payment of any Rent to any other and this is a property in the highest degree Feudum is that which we hold by the benefit of another and in the name whereof we ow Service or pay Rent or both to a Superior Lord. And all our Land here in England the Crown Land which is in the Kings own hands in right of His Crown excepted is in the nature of Feudum or Fee For though many have Land by descent from their Ancestors and others have dearly bought Land for their Money yet is it of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had Novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed So that there is no Man that hath Directum Dominium i. The very Property or Demain in any Land but the Prince in right of His Crown Camd. Britan. pag. 93. For though he that hath Fee hath Jus perpetuum utile Dominium yet he ows a duty for it and therefore it is not simply his own which thing I take those words we use for the expressing our deepest Rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that Land or Tenement in my Demain as of Fee and that is as much as if he had said it is my Demain or Proper Land after a sort because it is to me and my heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the Stat. 37 Hen. 8. cap. 16. useth the word Fee of Lands invested in the Crown but it proceeds from an ignorance of the nature of the word for Fee cannot be without Fealty sworn to a Superior as you may read partly in the word Fealty but more at large in those that write De Feudis and namely Hotoman both in his Commentaries and Disputations since no Man may grant that our King or Crown oweth Fealty to any Superior but God onely And all that write De Feudis hold that Feudatarius hath not an entire property in his Fee Fee is divided into Fee absolute otherwise called Fee-simple and Fee-conditional otherwise termed Fee-tail Fee-simple Feudum simplex is that whereof we are seised To us and our heirs for ever Fee-tail Feudum taliatum is that whereof we are seised with limitation to us and the heirs of our Body c. Which Fee-tayle is both general and special General is where Land is given to a Man and the heires of his body the reason whereof is shewed by Littleton lib. 1. ca. 2. because a Man seised of Land by such a gift if he Marry one or more Wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the Land Fee-tayl special is that where a Man and his Wife are seised of Lands to them and the heirs of their two bodies because in this case the Wife dying without issue and he Marrying another by whom he hath issue this issue cannot inherit the Land being especially given to such heirs c. This Fee-tayl has Original from the Stat. of Westm 2. ca. 1. Yet see Bracton lib. 2. ca. 5. num 3. Item quaedam absoluta larga quaedam stricta coarcta sicut certis haeredibus To whom add Plowden casu Willion fol. 235. For before that Statute all Land given to a Man and his heirs either general or special was accounted in the nature of Fee and therefore held to be so firmly in him to whom it was given that any limitation notwithstanding he might alienate it at his pleasure Coke on Litt. fol. 19. for redress of which inconvenience the said Statute was made whereby it is ordain'd that if a Man give Lands in Fee limiting the heirs to whom it shall descend with a reversion to himself or his heires for default c. that the form and true meaning of his gift shall be observed He that hath Fee then holdeth of another by some duty or other which is called Service This word Fee is sometimes used for the compass or circuit of a Lordship or Mannor Bracton lib. 2. ca. 5. in eadem villa de eodem Feodo Thirdly It is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee Old Nat. Br. fol. 41. Rent granted in Fee eodem fol. 8. Sheriff in Fee Anno 28 Ed. 1. Stat. 13. ca. 8. Lastly Fee signifies a reward or ordinary duty given a man for the execution of his Office or the performance of his industry in his Art or Science As the Lawyer or Physitian is said to have his Fee when he hath the consideration of his pains taken the one with his Client the other with his Patient Fee expectant Is by the Feudists termed Feudum expectativum See Expectant Fee Farm or Fee Ferm Feudi firma vel feofirma Is when the Lord upon creation of the Tenancy reserves to himself and his heirs either the rent for which it was before letten to Farm or at least a fourth part of that rent 2 Part Inst fo 44. and that without homage fealty or other services other then are especially comprized in the Feoffment but by Fitzh it seems the third part of the value may be appointed for the Rent or the finding of a Chaplain to Sing Divine-Service c. Nat. Br. fol. 210. C. And the Nature of it is this That if the Rent be behind and unpaid for the space of two years then the Feoffor or his heirs have Action to recover the Lands as their Demesnes Britton ca. 66. num 4. But observe out of Wests Symbol part 1. lib. 2. Sect. 463. that the Feoffment may contain services and sute of Court as well as rent And the Author of the New Terms of Law saith
so are they said to lead the Fine Upon this Covenant the Writ of Covenant is brought by the Cognizee against the Cognizoâ— who thereupon yields to pass the Fine before the Judge and so the Acknowledgment being Recorded the Cognizor and his Heirs are presently concluded and all strangers not excepted after five years passed If the Writ whereon the Fine is grounded be not a Writ of Covenant but of Warrantia Chartae or a Writ of Right or of Mesn or of Customs and Services for of all these Fines may also be founded West sect 23. then this Form is observed the Writ is served upon the party that is to acknowledge the Fine and then he appearing doth accordingly See Dyer fol. 179. num 46. Fines are now onely levied in the Court of Common Pleas at Westminster in regard of the solemnity thereof ordained by the Statute of 18 Edw. 1. Before which time they were sometimes levied in the County Courts Court Barons and in the Exchequer as may be seen in Mr. Dugdales Origines Juridiciales alibi This word Fine sometimes signifies a sum of Money paid for an income to Lands or Tenements let by Lease anciently called Gersuma sometimes an amends pecuniary punishment or recompence upon an offence committed against the King and his Laws or a Lord of a Mannor In which case a Man is said Facere Finem de transgressione cum Rege c. Reg. Jud. fol. 25. a. Of the diversity of these Fines see Cromptons Just of Peace fol 141. b. 143 144. and Lamb. Eiren. lib. 4. cap. 16. But in all these diversities of Uses it hath but one signification and that is a Final conclusion or end of differences between parties And in this last sence wherein it is used for the ending and remission of an Offence Bracton hath it lib. 2. cap. 15. num 8. speaking of a Common Fine that the County pays to the King for false Judgments or other Trespasses which is to be Assessed by the Justices in Eyr before their departure by the Oath of Knights and other good men upon such as ought to pay it with whom agrees the Statute 3 Edw. 1. cap. 18. There is also a Common fine in Leets see Kitchin fol. 13. Vide Common Fine Fleta lib. 1. cap. 48. and Coke on Littl. fol. 126. b. Fines for Alienation Are reasonable Fines paid to the King by his Tenants in Cheif for License to Alien their Lands according to the Stat. 1 Edw. 3. cap. 12. But see the Stat. 12 Car. 2. cap. 24. Fines pro Licentia Concordandi Anno 21 Hen. 8. cap. 1. See Fine Fine force from the Fr. Fin i. crafty or subtil and ferce i. vis Seems to signifie an absolute necessity or constraint not avoidable and in this sence it is used Old Nat. Br. fol. 78. And in the Stat. 35 Hen. 8. cap. 12. in Perkins Dower fol. 321. Plowden fol. 94. Coke vol. 6. fol. 111. a. Fine adnullando levato de tenemento quod fuit de antiquo Dominico Is a Writ to Justices for disannulling a Fine levied of Lands holden in Ancient Demesn to the prejudice of the Lord. Reg. of Writs fol. 15. b. Fine Capiendo pro terris c. Is a Writ lying for one who upon Conviction by a Jury having his Lands and Goods taken into the Kings hand and his body committed to prison obtains favor for a sum of Money c. to be remitted his imprisonment and his Lands and Goods to be re-delivered to him Reg. of Writs fol. 142. a. Fine levando de tenementis tentis de Rege in Capite c. Was a Writ directed to the justices of the Common Pleas whereby to License them to admit of a Fine for the sale of Land holden in Capite Reg. of Writs fol. 167. a. Fine non capiendo pro pulchre placitando Is a Writ to inhibit Officers of Courts to take Fines for fair pleading Reg. of Writs fol. 179. Fine pro redisseisina capienda c. Is a Writ lying for the release of one laid in prison for a Re-disseisin upon a reasonable Fine Reg. of Writs fol. 222. Finors of Gold and Silver Are those that purifie and part those Mettals from other courser by Fire and Water Anno 4 Hen. 7. cap. 2. They are also called Parters in the same place and sometimes Departers Firdstole See Fridstole Firebare Quod sine dilatione levari reparari fac signa Firebares super montes altiores in quolibet Hundredo Ita quod tota patria per illa signa quoâ—iescuâ—que necesse fuit praemuniri potest c. Ordinatio pro vigil observand a Lynne usque Yermouth temp Ed. 2. Perhaps from the Saxon Fyretor a Beacon or a High Tower by the Sea-side wherein were continual Lights either to direct Sailers in the Night or give warning of the Enemy Firebote Sax. Signifies allowance of Wood or Estovers to maintain competent Fire for the use of the Tenant See Haybote Firma see Ferme Ad firmam noctis was a Custom or Tribute paid towards the entertainment of the King for one night according to Domesday Comes Meriton T. R. E. i. tempore Regis Edovardi Conf. reddebat firmam unius noctis i. Provision or Entertainment for one night or the valne of it Firma Regis anciently Pro villa Regia seu Regis Manerio Spel. First-fruits or Annates Primitiae Are the Profits after Avoidance of every Spiritual Living for one year given in ancient time to the Pope throughout all Christendom but by the Stat. 26 Hen. 8. cap. 3. translated here in England to the King For ordering whereof there was a Court erected 32 Hen. 8. cap. 45. but dissolved 1 Mar. Sess 2. cap. 10. And since that time though those Profits are reduced again to the Crown 1 Eliz. cap. 4. yet was the Court never restored but all matters formerly handled therein were transferred to the Exchequer See Annates Fish-garth Anno 23 Hen. 8. cap. 18. A Dam or Wear in a River made for the taking of Fish especially in the Rivers Owse and Humber See Garth Fithwite Rectiùs Fihtewite a Sax. Feoht pugna and wite mulcta mulcta ob commissam pugnam in perturbationem pacis publicae Fithwite i. si pugnaverint percusserint se quamvis sanguinem non extraxerint Prior habebit inde amerciamenta Ex Registro Priorat de Cokesford Fledwite or Flightwite Sax. Flyht fuga wite mulcta Signifies in our ancient Laws a Discharge or Freedom from Amerciaments when one having been an outlawed Fugitive comes to the Peace of our Lord the King of his own accord or with licence Thus Rastal But Quaere whether it does not rather signifie a Mulct or Fine set upon a Fugitive Fléet Sax. Fleot i. A place where the Water ebbs and flows a running Water A famous Prison in London so called from the River on the side whereof it stands To this Prison Men are usually committed for contempt to the King and his Laws or upon absolute
Shepley c. Adam Gurdon alii in misericordia Pasch 4 Ed. 1. Rot. 7. Sussex Forprise Forprisum from the Fr. For i. Extra Prise captio An exception or reservation In which sense it is used in the Stat. of Exon 14 Edw. 1. but there written Horseprise We still use it in Conveyances and Leases wherein Excepted and Forprised is an usual expression C'est Indenture fet entre Monsieur John Blount Chevalier le Eysne dune part Dame Johan Fouleshurst d autre parte Tesmoigne que mesme les partes sont issint assentuz accordez assurez que John Blount filts heir a dict Monsieur John deuy espousera prendera a femme Isabel la file de dite Dame du si briefe dewe temps que la dite Dame a ces properes custages voidera ordeigner feire issint que le dit Dame paye a dit Monsieur John xx Markes a temps de l'espousels xl Liures a certeyne de pay compris en un Obligation le quelle le Dite Dame a fait a dit Monsieur John c. Pour quel payment le dit Monsieur John enfeoffera ou fera enfeoffer les susdits John son fits la dite Isabel de son Manner jouste Utteskesather appelle Blounts place ensemblement ove toutes autres terres tenements rentes services c. Forprise le Parke c. appelle Blounts Parke c. A avoir tener a dit John son fits Isabel les heyres que mesmes cely John des Corps de mesme cely Isabel engendera c. Donnee south les seales c. le jour de St. Luke L' an de R. le Roy Henry 4 disme Penes Wal. Kirkham-Blount Baronet Forrein Used for Forreiner Anno 34 35 Hen. 8. ca. 18. See Forein Forschoke Derelictum Signifies originally as much as forsaken in our modern language It is specially used in one of our Statutes for Land or Tenements seised by the Lord for want of Services due from the Tenant and so quietly held and possessed beyond the year and day As if we should say that the Tenant who seeing his Land or Tenements taken into the Lords hand and possessed so long takes not the course appointed by Law to recover them does in due presumption of Law disavow or forsake all the right he has to them And then such Lands shall be called Forschoke sayes the Stat. 10 Edw. 2. ca. unico Forses Catadupae Water falls Cam. Brit. tit Westmorland Forstal Forestallamentum Is to be quit of Amerciaments and Cattel arrested within your Land and the Amerciaments thereof coming sayes the Termes of the Law But the Learned Spelman sayes 't is Viae obstructio vel itineris interceptio with whom agrees Coke on Litt. fol. 161. b. In Domesday 't is written Foristel Dedique eis Forstallum quod est ante portum ipsorum liberum atque quietum terram quae jacet ex utraque parte ejusdem Forstalli c. Mon. Angl. 2 Part. fol. 112. 60. Forstalling Viarum obstructio a Sax. far i. Via stel Signifies the buying or bargaining for any Corn Cattel or other Merchandise by the way before it comes to any Market or Fair to be sold or by the way as it comes from beyond the Seas or otherwise toward any City Port Haven or Creek of this Realm to the intent to sell the same again at a more high and dear price 51 H. 3. Stat. 6. West Part. 2. Symbol tit Inditements Sect. 64. Forstaller in Cromptons Jurisd fol. 153. Is used for stopping a Deer broken out of the Forest from returning home again or laying between him and the Forest in the way he is to return Fleta says Significat obtrusionem viae vel impedimentum transitus fugae averiorum lib. 1. ca. 47. See Regrators Engrossers Who shall be adjudged a Forstaller see in 5 6 Edw. 6. ca. 14. Forstal est si aliquis portaverit Halec vel hujusmodi res ad forum statim alius venerit emerit ab ipso illas res ut carius vendat Prior habebit emendas ab ipso Ex Reg. Priorat de Cokesford See 3 Part. Inst fol. 195. Fortility Fortalitium vel Forteletum Within the Towns and Fortilities of Berwick and Carlile Anno 11 Hen. 7. ca. 18. Signifies a fortify'd place a Bulwark Castle or Fortlet Fortlet Fr. A place of some strength a little Fort. Old Nat. Br. fol. 45. Fossa et Furca See Furca Fossatum Lat. A Ditch or a place fenced with a Ditch or Trench Ex dono Hen. Regis avi nostri unum Fossatum tam largum quod naves possint ire redire a flumine de Withonia usque ad Tupholme Carta 20 Hen. 3. m. 9. where it seems to signifie a cut River Fosse-way from Fossus digged Was anciently one of the four grand High-wayes of England so called because 't is conceav'd to be digg'd or made passable by the ancient Romans or Ditch'd at least on one side but now several inferior High-wayes are so called See Watlingstreet Foster-land Sax. Land-given assigned or allotted to the finding of Food or Victuals as in Monasteries for the Monks Fother or Fodder Sax. Is a Weight of Lead containing Eight Pigs and every Pig One and twenty Stone and a half which is about a Tun or a common Wain or Cart Load Speight in his Annotations upon Chaucer I finde also in the Book of Rates mention of a Fodder of Lead which according to Skene is about Sixscore and eight Stone Founder from fundere to pour Is he that melts Metal and makes any thing of it by pouring or casting it into a Mold Anno 17 Rich. 2. cap. 1. Fourcher Fr. fourchir i. Titubare lingua Signifies a putting off prolonging or delay of an Action And it appears no unpleasant Metaphor for as by stammering we draw out our speech not delivering that we have to say in ordinary time so by fourching we prolong a snte that might be ended in a shorter space In Westm 1. cap. 42. you have these words Coparceners and Joyntenants shall no more fourch but onely shall habe one Essoyn c. And Anno 6 Edw. 1. cap. 10. it is used in the same sence The Defendants shall be put to answer without fourching c. Anno 23 Hen. 6. cap. 2 See 2 Part. Inst fol. 250. Foutgeld or Footgeld Compounded of two German words fous i. pes and gyldan i. solvere q. pedis redemptio Signifies 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 priviledge to keep Dogs within the Forest unlawed without punishment or control Cromptons Jurisd fol. 197. Manwood part 1. pag. 86. This priviledge was allowed in Assis Forest de Pickring 10 Edw. 3. Fowles of Warren See Warren Frampole Fences Are such Fences as any Tenant in the Mannor of Writtel in Essex hath against the Lords Demeans whereby he hath the Wood growing
custom was so kept that the Sheriffs at every County Court did from time to time take the Oaths of young ones as they grew to Fourteen years of age and see that they were setled in one Dozein or another whereupon this Branch of the Sheriffs Authority was called Visus Franci-plegii View of Frank-pledge See the Statute for View of Frank-pledge Anno 18 Edw. 2. See Decennier Leet View of Frank-pledge and Friborgh What Articles were wont to be enquired of in this Court see in Horns Mirror lib. 1. cap. De la Veneu des Francs-pleges and what those Articles were in ancient times see in Fleta lib. 2. cap. 52. See also 2 Part. Inst fol. 73. And if there be ony persone within the Warde that is not under Franc-pledge that is to saye under loue and Lawe c. Out of an Ancient Charge of the Quest of Wardmore in every Ward in London Frée-bench Franc-bank Francus Bancus i. Sedes Libera Signifies that estate in Copihold Lands which the Wife being espoused a Virgin hath after the death of her Husband for her Dower according to the custom of the Mannor Kitchin fol. 102. As at Orleton in the County of Hereford the relict or a Cop holdtenant is admitted to her Free-bench that is to all her Husbands Copihold Lands during her life the next Court after her husbands death Bracton lib. 4. tract 6. cap. 13. num 2. hath these words Consuetudo est in partibus illis quod uxores maritorum defunctorum habeant Francum Bancum suum de terris Sockmannorum tenent nomine dotis Fitzherbert calls it a Custom whereby in certain Cities the Wife shall have her Husbands whole Lands c for her Dower Nat. Br. fol. 150. See Plowden Casu Newis fol. 411. Of this Free-bench several Mannors have several customs As it is the custom of the Mannors of East and West Enborn in the County of Berksâ— That if a Customary Tenant dye the Widow shall have her Free-bench in all his Copihold Lands Dum sola casta fuerit but if she commit Incontinency she forfeits her estate yet if she will come into the Court riding backward on a Black Ram with his tail in her hand and say the words following the Steward is bound by the Custom to re-admit her to her Free-bench Here I am Kiding upon a Black â—am Like a Whore as I am And for my Crinoum Crancum Have lost my Binkum Bankum And for my Tails Game Have done this Worldly shame Therefore I pray you â—r Steward let me have my Land again The like Custom is in the Mannor of Tor in Devonshire and other parts of the West Free-bord Francbordus Et totum hoscum quod vocatur Brendewode cum Francbordo duorum pedum dimid per circuitum illius bosci Mon. Angl. 2 Part. fol. 241. a. In some places more in some less is claimed as a Free-bord beyond or without the Fence Frée-chappel Libera Capella Is in the opinion of some a Chappel founded within a Parish for the Service of God by the Devotion and Liberality of some good Man over and above the Mother Church to which it was free for the Parishioner to come or not and endowed with maintenance by the Founder and therefore called Free Others say and more probably that those onely are Free-chappels which are of the Kings Foundation and by him exempted from the Jurisdiction of the Ordinary but the King may licence a Subject to found such a Chappel and by his Charter exempt it from the Ordinaries Visitation also That it is called free in respect of its exemption from the Jurisdiction of the Diocesan appears by the Register of Writs fol. 40 and 41. These Chappels were all given to the King with Chantries also Anno 1 Edw. 6. ca. 14. Free-Chappel of St. Martin le Grand Anno 3 Ed. 4. ca. 4. 4 Ed. 4. ca. 7. Freedstoll See Fridstoll Freehold Liberum tenementum Is that Land or Tenement which a Man holds in Fee Fee-tayl or for term of life Bracton lib. 2. ca. 9. And it is of two sorts Freehold in Deed and Freehold in Law The first is the real Possession of Land or Tenement in Fee Fee-tail or for Life The other is the right that a Man has to such Land or Tenement before his entry or seisure Freehold is likewise extended to those Offices which a Man holds either in Fee or for life Britton defines it to this effect Franktenement is a possession of the Soyl or services issuing out of the Soyl which a Freeman holds in Fee or at least for life though the Soyl be charged with free-services ca. 32. Freehold is sometimes taken in opposition to Villenage Lambert in his explication of Saxon words Verbo Terra ex scripto says Land in the Saxons time was called either Bockland that is holden by Book or Writing or Folckland held without Writing The former he reports was held with far better condition and by the better sort of Tenants as Noblemen and Gentlemen being such as we now call Freehold The later was commonly in the possession of Clownes being that which we now call at the will of the Lord. Râ—g Judicial fol. 68. a. sayes That he who holds Land upon an execution of a Statute-Merchant until he be satisfi'd the Debt Tenet ut liberum tenementum sibi ussignatis suis and fol. 73 the same of a Tenant per Elegit where I conceive the meaning is not that such Tenants are Freeholders but as Freeholders for their time until they have receiv'd profits to the value of their Debt Freeholders in the ancient Laws of Scotland were called Milites according to Skene verbo Milites Frenchman Francigena Was anciently used for every stranger Bracton lib. 3. Tract 2. ca. 15. See Englecery Frendles man Was the old Saxon word for him whom we call an Out-law The reason was because he was upon his exclusion from the Kings Peace and protection deny'd all help of friends after certain days Nam forisfecit amicos Bracton lib. 3. Tract 2. ca. 12. num 1. says thus Talem vocant Angli Utlaugb alio nomine antiquitus solet nominari friendlesman sic videtur quod forisfecit amicos unde si quis talem post utlagatariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel occultaverit eadem paena puniri debet qua puniretur utlagatus ita quod careat omnibus bonis suis vita nisi Rex ei parcat de gratia sua Frendwite vel Infeng Significat quietantiam prioris prisae ratione convivii Fleta lib. 1. ca. 47. Fresh disseisin from the Fr. Fraiz i. Recens disseisir i. Possessione ejicere Signifies that Disseisin which a man may seek to defeat of himself and by his own power without the help of the King or Judges and which is not above fifteen dayes old Britton ca. 5. Of this you may read Bracton lib. 4. ca. 5. at large concluding that
Ideots being indeed as largely extended as both Tutor and Curator among the Civilians For whereas Tutor is he that hath the Government of a Youth until he come to fourteen years of age and Curator he that hath the disposition and ordering of his substance afterward until he attain to twenty five years or that hath the charge of a Frantick person during his Lunacy we use for both these a Guardian onely of which we have three sorts 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 Custom of the Land But the Ancient Law in this Case is in a great measure altered by the Statute of 12 Car. 2. cap. 24. which ordains that Where any person hath or shall have any Childe or Children under the age of Twenty one years and not married at the time of his death it shall be lawful for the Father of such Childe or Children whether born at the time of the decease of the Father or at that time in ventre sa mere or whether such Father be within the age of Twenty one years or of full age by Déed executed in his life time or by his last Will and Testament in writing in the presence of two or more credible Witnesses to dispose of the Custody and Tuition of such Childe or Children for and during the time be or they shall remain under age or any lesser time to any Person or Persons in Possession or Remainder other then Popish Recusants and such disposition shall be good against all Persons claiming such Childe as Guardian in Soccage or otherwise c. And in case the Father appoint no Guardian to his Childe the Ordinary may appoint one to order his Movables and Chattels until the age of fourteen years and then he may chuse his Guardian And for his Lands the next of Kin on that side by which the Land descends not shall be Guardian as heretofore in case of a Tenure in Soccage Gardian or Guardian of the Spiritualties Custos Spiritualium vel spiritualitatis Is he to whom the Spiritual jurisdiction of any Diocess is committed during the vacancy of the See Anno 25 Hen. 8. ca. 21. And I take it the Gardian of the Spiritualties may be either Guardian in Law ot Jure Magistratus as the Arch-bishop is of any Diocess within his Province or Guardian by Delegation as he whom the Arch-bishop or Vicar-general does for the time depute Anno 13 Eliz. ca. 12. Gardian of the Peace Custos pacis See Conservator of the Peace Gardian of the Cinque-ports Gardianus quinque portuum Is a Magistrate that has the Jurisdiction of those Havens which are commonly called the Cinque-ports that is the five Havens who there has all that jurisdiction the Admiral of England has in places not exempt Camden in his Britan. pa. 238. says The Romans after they had setled themselves and their Empire here in England appointed a Magistrate or Governour over those East-parts where our Cinque-ports lie whom they termed Comitem littoris Saxonici per Britanniam having another that bore the same title on the opposite part of the Sea whose Office was to strengthen the Sea-coast with Munition against the out-rages and Robberies of the Barbarians and believes this Warden of the Cinque-ports was first erected among us in imitation of that Roman Policy See Cinque-ports Gardein de L'estemery Anno 17 Car. 1. ca. 15. Warden of the Stanneries Gare Anno 31 Ed. 3. ca. 8. Is a course Wool full of staring hairs such as grows about the Pesil or Shanks of the Sheep Gariofilli Rectius Gariophylli The Spice called Cloves Et salvo haeredibus meis post decessum meum uno clavo Gariofil in praedicto Festo Sancti Mich. pro omni servicio saeculari c. Carta Hugonis de Wygeton Priorat Leominstr Anno 1283. Garnish as to garnish the Heir i. To warn the heir Anno 27 Eliz. ca. 3. Garnishee Is taken for the party in whose hands Money is attached within the liberties of the City of London so used in the Sheriff of London's Court because he has had garnishment or warning not to pay the Money but to appear and answer to the Plantiff-creditors Sute Garnishment Fr. Garnement Signifies a warning given to one for his appearance and that for the better furnishing the Cause and Court. For example one is sued for the detinue of certain Charters and says They were deliver'd to him not onely by the Plaintiff but by J. S. also and therefore prayes that J. S. may be warned to plead with the Plaintiff whether the conditions are performed or no and in this petition he is said to pray Garnishment New Book of Entries fol. 211. col 3. which may be interpreted a warning to J. S. to provide himself of a defence or else a furnishing the Court with all parties to the action whereby it may throughly determine the Cause Britton cap. 28. says Contracts are some naked and sans garnement and some furnished or to use the literal signification of his word apparelled c. Howbeit Garnishment is generally used for a warning As in Kitchin fol. 6. Garnisher le Court is to warn the Court and reasonable garnishment in the same place is reasonable warning And in the Stat. 27 Eliz. ca. 3. Upon a Garnishment or two Nichils returned c. Garranty See Warranty Garter Fr. Jartier i. Periscelis fascia poplitaria Signifies both in divers Statutes and otherwise one special 〈…〉 r being the Ensign of a great and noble Society of Knights called Knights of the Garter This high Order as appears by Camd. pa. 211. was instituted by that famous King Edward the Third upon good success in a Skirmish wherein the Kings Garter the time or occasion not mentioned was used as a token Pol. Virgil casts in a suspition of another original but his grounds by his own confession grew from the vulgar opinion however it runs thus The said King after he had obtained divers great Victories King John of France King James of Scotland being both prisoners in the Tower of London at one time King Henry of Castile the Bastard expulsed and Don Pedro restored by the Prince of Wales did upon no weightier occasion first institute this Order in Anno 1350 viz. He dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them whereat some of the Lords smiling the King said That ere long he would make that Garter to be of high reputation and shortly after instituted this Order of the Blew Garter which every Companion of the Order is bound to wear daily richly adorned with Gold and Precious Stones and having these words wrought upon it HONI SOIT QUI MAL Y PENCE which is thus interpreted Evil be to him that evil thinks or rather thus Shame take him that thinks evil Sir John Fern in his Glory of Generosity fol. 120. agrees
with Camden and sets down the victories whence this Order was occasion'd whatsoever cause of beginning it had the Order is inferior to none in the World in Honor or Antiquity consisting of 26 Martial and Heroical Nobles whereof the King of England is the Chief and the rest are either Nobles of the Realm or Princes of other Countries friends and confederates with this Nation the Honour being such as Emperours and Kings of other Nations have desired and thankfully accepted it being long before the order of St. Michael in France the Golden Fleece in Burgundy or the Anunciada in Savoy The Ceremonies of the Chapter proceeding to Election the Investitures and Robes the Installation Vow with such other observations see in Segars Honor militar civil lib. 2. ca. 9. fol. 65. See Knights of the Garter and Seldens Titles of Honour fol. 792. Garter also signifies the Principal king at Armes among our English Heralds attending upon the Knights thereof created by King Henry the Fifth and mentioned in the Statute 14 Car. 2. ca. 33. See Herald Garth In the North of England signifies a Back-side or a little Close or Homestead also a Dam or Wear in a River where Fish are caught called a Fish-garth It seems to be an ancient British word For Gardd in that language signifies a Garden the dd being liquefy'd in the pronunciation like th Garthman Anno 17 Rich. 2. ca. 9. It is ordained that no Fisher nor Garthman shall use any Nets or Engins to destroy the fry of fish c. Whereby it seems to signifie one that keeps or owns an open Wear where Fish are caught It may haply be derived from the Scottish word Gart which signifies forced or compelled because the Fish are forced by the Wear to pass in at a loop where they are caught Gavel Sax. gafel Tribute Toll Custom yearly Rent Payment or Revenue Of which we had of old several kinds paid by Tenants to their Landlords As Gavel-Corn Gavel-malt Oate-gavel Gavel-fodder As you may read in Mr. Fabian Philip's Book Entituled Mistaken Recompence pa. 39 40. Gavelet Is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkind continues whereby the Tenant shall forfeit his Lands and Tenements to the Lord if he withdraw from him his due Rents and Services after this manner The Lord must seek by the award of his Court from three weeks to three weeks to fin I some distress upon the Tenement until the fourth Court alwayes with Witnesses and if in that time he can find none then at the fourth Court let it be awarded that he take the Tenement into his hand in name of a Distress and keep it a Year and a day without Manuring within which time if the Tenant pay his Arrears and make reasonable amends for the withholding let him have and enjoy his Tenement as before and if he come not before the year and day be past let the Lord go to the next County-Court with his Witness of what past at his own Court and pronounce there this Process to have further Witnesses and then by the award of his own Court he shall enter and Manure the Tenement as his own And if the Tenant will afterwards re-have it and hold it as he did before let him make agreement with the Lord according to this old saying Neghesith selde neghesith geld v l. for his Were er he become healder i. Has he not since any thing given nor any thing paid Then let him pay 5 l. for his Were ere he become healder again Other Copies have the first part thus written and expounded Nigondsith yeld nigonsith geld Let him 9 times pay and 9 times re-pay Of this see 10 Hen. 3. Fitz. tit Cessavit 60 and the Stat. of Gavelet 10 Edw. 2. which gives this Law to Lords of Rents in London And see Westm 2. ca. 21. which gives Cessavit Gavelkind from the Sax gafel i. Census tributum and cynd Natura Genus But Doctor Powel in his Additaments to the Cambrian History and from him Taylor in his History of Gavelkind fol. 26. would have it derived from the British word Gavel importing a Hold or Tenure however it signifies a Tenure or Custom whereby the Lands of the Father are equally divided at his death among all his Sons or the Land of the Brother among all the Brethren if he have no Issue of his own Teutonicis priscis patrios succedit in agros Mascula stirps omnis ne foret ulla potens This Custom is still of force in Kent Urchenfeild in Herefordshire and elsewhere though with some difference But by the Stat. 34 35 Hen. 8. ca. 26. All Gavelkind Lands in Wales are made descendable to the Heir according to the course of the Common-Law Camden in his Brit. says thus Cantiani ea lege Gulielmo Normanno se dediderunt ut patrias consuetudines illaesas retinerent illamque inprimis quam Gavelkind nominat Haec a terrae quae eo nomine censentur liberis masculis ex aequis portionibus dividuntur vel faeminis si masculi non fuerint Adding further Hanc haereditatem cum quintum decimum annum attigerint adeunt sine Domini consensu cuilibet vel dando vel vendendo alienare licet Et filii parentibus furti damnatis in id genus fundi succedunt c. It appears by 18 Hen. 6. ca. 1. That in those dayes there were not above 30 or 40 persons in all Kent that held by any other Tenure which was afterwards altered upon the petition of divers Kentish Gentlemen in much of the Land of that County by Stat. 31 Hen. 8. ca. 3. See Lamberts Perambulation of Kent and Sumners learned Discourse on this Subject Dedi totam terram quam vendidit mihi Michael de Turnham sicut suum liberum Gavilikinde Stoikikinde ad fundandum ibi Domum Religionis c. Mon. Angl. 2 Par. fol. 640. a. Gavelsester Sax. Sextarius vectigalis Cervisiae scilicet sextarius Manerii vel praedii Domino ab usufructuariis cervisiam coquentibus census vel vectigalis nomine pendendus A certain Measure of Rent-Ale Among the Articles to be charged on the Stewards and Bailiffs of the Church of Canterburies Mannors in Kent according to which they were to be accountable this of old was one De Gavel-sester cujuslibet bracini braciati infra libertatem Maneriorum viz. unam lagenam dimidiam Cervisiae It elsewhere occurs under the name of Tol-sester thus De Tolsester Cervisiae hoc est de quolibet bracino per unum annum lagenam de Cervisia And is undoubtedly the same in lieu whereof the Abbot of Abington was wont of Custom to receive that Peny mentioned by Selden in his learned Dissertation annexed to Fleta ca. 8. num 3. and there by some mistake haply of the Printer written Colcester-peny for Tol-sester-penny Nor differs it I think from what in the Glossary at the end of Hen. 1. Laws is called Oale-gavel
Easterling Merchants in London called the Stilyard Anno 22 Hen. 8. cap. 8. Gild-merchant Gilda Mercatoria Was a certain Priviledge or Liberty granted to Merchants whereby they were enabled among other things to hold certain Pleas of Land within their own Precincts Giltwite See Gyltwite Gisarms rectius Guisarmes An. 13 Edw. 1. Stat. 3. cap. 6. A kinde of Hand-Ax according to Skene Fleta writes it Sisarms lib. 1. cap. 14. Est armorum genus longo manubrio porrecto cuspide Spel. Gleab-land Gleba Church-land Dos vel à terra ad Ecclesiam pertinens Charta Elredi Regis Magnae Britanniae Monast de Croiland apud Ingulphum Inprimis totam Insulam Croilandiae pro Gleba Ecclesiae pro situ seperali ejusdem Monasterii Dono. Lindwood says Gleba est terra in qua consistit Dos Ecclesiae Mentioned in the Statute of 14 Car. 2. cap. 25. We most commonly take it for Land belonging to a Parish Church besides the Tythe Skene says The four Acres of Land quhilk is given to the Ministers of the Evangel in Scotland is called ane Gleeb the quhilk suld be frée fra payment of any teinds Go Is sometimes used in a special signification as to go without day and to go to God is as much as to be dismissed the Court. Broke tit Failer de Records num 1. And Kitchin fol. 193. Goaling of Uagabonds i. Sending them to the Goal Anno 35 Eliz. cap. 7. God-bote Sax. Mulcta ex delictis in Deum admissis obveniens A Fine or Amerciament for crimes and offences against God an Ecclesiastical or Church Fine Good-behavior See Good abearing Goldwith vel Goldwich In the Records of the Tower there is mention of Consuetudo Vocata Goldwith vel Goldwich but no Explication of it Ideo quare Good abearing Bonus gestus Is by a special signification an exact carriage or behavior of a Subject towards the King and his Leige People whereunto some Men upon their misbehavior or loose demeanure are sometimes bound For as Lambert in his Eiren. lib. 2. cap. 2. says He that is bound to this is more strictly bound then to the Peace because where the Peace is not broken without an afray battery or such like this surety De bono gestu may be forfeited by the number of a Mans company or by his or their Weapons or Arms whereof see more in that Learned Writer and in Crompt Just of Peace fol. 120. 127. Good Country Bona Patria Is an Assize or Jury of Countrey-men or good Neighbors Skene verbo Bona Patria Goole Fr Goulet Anno 16 17 Car. 2. cap. 11. A breach in a Bank or Sea-wal or a passage worn by the Flux and Reflux of the Sea Gorce from the Fr. Gort i. a Wear Locus in fluvio coarctatus piscium capiendorum gratia a Wear It is accorded That all such Gorces Mills Wears Stanks Stakes and Kiddles which be levied and set up in the time of King Edward the Kings Grand-father and after whereby the Kings Ships and Boats be disturbed that they cannot pass in such River as they were wont shall be out and utterly pulled down without being renewed Anno 25 Edw. 3. cap. 4. Sir Edward Coke on Littl. fol. 5. b. seems to derive it from Gurges a deep Pit of Water and calls it a Gors or Gulf. But quaere if not a mistake Gote Anno 23 Hen. 8. cap. 5. A Ditch Sluce or Gutter perhaps from the Sax. geotan Fundere Graduats Graduati Are such Schollars as have taken degrees in any University Anno 1 Hen. 6. cap. 3. Graffer Fr. Greffier i. Scriba Signifies a Notary or Scrivener and is used in the Stat. 5 Hen. 8. cap. 1. Graile Gradale seu Graduale A Gradual or Book containing some of the Offices of the Roman Church Gradale inquit Lindwodus sic dictum a gradalibus in tali libro contentis Provincial Angl. lib. 3. The word is mentioned in Plowden fol. 542. And 37 Hen. 6. fol. 32. It is sometimes taken for a Mass-Book or part of it instituted by Pope Celestine Anno 430. according to Cotgrave Grand Assize See Assize and Magna Assisa Grand Cape See Cape and Attachment Grand days Are one in every Term solemnly kept in the Inns of Court and Chancery viz. Candlemas-day in Hillary Term Ascension-day in Easter Term S. John Baptist-day in Trinity Term and All-Saints in Michaelmas Term and these are Dies non juridici no days in Court Grand Distress Districtio Magna Is so called not for the quantity for it is very short but for the quality for the extent is very great for thereby the Sheriff is commanded Quod distringat tenentem ita quod ipse nec aliquis per ipsum ad ea manum apponat donec habuerit aliud praeceptum quod de exitibus eorundem nobis respondeat quod habeat corpus ejus c. This Writ lies in two Cases Either when the Tenant or Defendant is attached and so returned and appears not but makes default then a Grand Distress is to be awarded or when the Tenant or Defendant hath once appeared and after makes default then this Writ lies by the Common Law in lieu of a Petit Cape 2 Part. Inst fol. 254. Anno 52 Hen. 3. cap. 9. Westm 1. cap. 44. Grand Sergeanty See Chivalry and Sergeanty Grange Grangia Is a House or Farm not onely where are necessary places for all manner of Husbandry as Stables for Horses Stalls for Cattle c. But where are Barns and Granaries for Corn Haylofts c. And by the Grant of a Grange which is often in Conveyances such places will pass Provinc Angl. lib. 2. tit de Judiciis ca. Item omnis Grant Concessio Signifies a Gift in writing of such a thing as cannot aptly be passed or conveyed by word onely As Rent Reversions Services Advowsons in Gross Tythes c. or made by such persons as cannot give but by Deed as the King and all Bodies Politick which differences are often in speech neglected and then it is taken generally for every gift whatsoever made of any thing by any person and he that grants it is called the Grantor and he to whom it is made the Grantee West part 1. Symbol lib. 2. Sect. 334. And a thing is said to Lie in Grant which cannot be assigned without Deed. Coke lib. 3. Lincoln-Colledge Case Great Men Are most commonly understood to be the Temporal Lords of the Higher House of Parliament As Anno 43 Edw. 3. cap. 2. and 8 Rich. 2. in Proaem And sometimes of the Members of the House of Commons as Anno 2 Rich. 2. stat 2. Greathbreach or Greachbreach Is mistaken by Saxton in his Description of England cap. 11. And by Rastal for Grith-breche which Vide. Grée Fr. Gre i Will allowance or liking Signifies agreement contentment or good-liking As to make gree to the parties is to satisfie them for an offence done Anno 1 Rich. 2. cap. 15. And in 25 Edw. 3. cap. 19.
Hereotum militaris supellectilis praestatio quam obeunte vassallo Dominus reportavit in sui ipsius munitionem says Spelman And by the Laws of Canutus it appears that at the death of the great Men of this Nation so many Horses and Armes were to be paid as they were in their respective life-times obliged to keep for the Kings Service It is now taken for the best Beast a Tenant hath at the hour of his Death due to the Lord by Custom be it Horse Ox c. and in some Mannors the best piece of Plate Jewel or the best good Heriot is of two sorts First Hariot Custom where Hariots have been paid time out of mind by Custom after the death of Tenant for life 2. Hariot Service when a Tenant holds by such service to pay Heriot at the time of his death For this the Lord shall distrain and for the other he shall seize and not distrain If the Lord purchase part of the Tenancy Hariot Service is extinguish'd but not so of Hariot Custom Cokes 8 Rep. Talbots Case See Farley Hart Is a Stag of five years old compleat And if the King or Queen hunt him and he escape then is he called a Hart-Royal And if by such hunting he be chased out of the Forest Proclamation is commonly made in the places adjacent that in regard of the pastime the beast has afforded the King or Queen none shall hurt him or hinder him from returning to the Forest then is he a Hart-Royal Proclaimed Manwood Part 2. ca. 4. num 5. Harth-penny and Harth-stâ—ver See Chimney-Money and Peter-Pence Haubergets See Haberjects Haw from the Sax. Haga A small quantity of Land so called in Kent as a Hemphaw or Beanhaw lying near the House and enclosed for that use Sax. dict But I have seen an ancient MS that says Hawes vocantur mansiones sive domus And Sir Edw. Coke on Litt. fo 5 b. Says in an ancient Plea concerning Feversham in Kent Haws are interpreted to signifie Mansiones Haward See Hayward Hawberk or Haubert quasi Hautberg Fr. Haubert i. Lorica He that holds Land in France by finding a Coat or Shirt of Mayle when he shall be called is said to have Hauberticum feudum fief de Haubert Hauberk or Haubergion with our Ancestors did signifie as in France a Coat or Shirt of Mayle and it seems to be so used Anno 13 Edw. 1. Stat. 3. ca. 6. Hawkers Those deceitful Fellows who went from place to place buying and selling Brass Pewter and other Merchandise which ought to be utter'd in open Market were of old so called The word is mentioned Anno 25 Hen. 8. ca. 6. and 33 ejusdem ca. 4. We now call those Hawkers who go up and down London Streets crying News-books and selling them by retail and the Women who sell them by wholesale from the Press are called Mercury Women The Appellation of Hawkers seems to grow from their uncertain wandring like those who with Hawkes seek their Game where they can find it Haya Gal. Haye Sax. Hege A Hedge also a piece of Ground enclosed with a hedge Hayward from the Fr. Hay i. Sepes and Garde i. Custodia Signifies one that keeps 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 enclosed Grounds He is a sworn Officer in the Lords Court the form of whose Oath you may see in Kitchin fo 46. Hazarders Are those that play at the Game at Dice called Hazard Hazardor communis ludens ad falsos talos adjudicatur quod per sex dies in diversis locis ponatur super collistrigium Int. Plac. Trin. 2. Hen. 4. Sussex 10. Headborow from the Sax. Head i. Sublimatus Borge fide jussor Signifies him that is chief of the Frankpledge and that had the principal government of them within his own pledge And as he was called Headborow so was he also called Burrowhead Bursholder Thirdborow Tithingman Chief-pledge or Borowelder according to the diversity of speech in several places Of this see Lambert in his explication c. verbo Centuria Smyth de Rep. Angl. lib. 2. ca. 22. The same Officer is now called a Constable See Constable Head-pence Was an exaction of 40 l. and more heretofore collected by the Sheriff of Northumberland of the Inhabitants of that County twice in seven years that is every third and fourth years without any account made to the King which was therefore by the Stat. 23 Hen. 6. cap. 7. Clearly put out for ever See Common Fine Head-silver See Common Fine Healfang or Halsfang Is compounded of two Saxon words Hals i. Collum and fang Captus paena scilicet qua alicui collum stringatur See Pillory Hearth-money See Chimney-money Heck Is the name of an Engin to take Fish in the River Owse by York Anno 23 Hen. 8. cap. 18. Heda A Haven or Port. Domesday Heir Haeres Is he that succeeds by right of Blood in any Mans Lands or Tenements in Fee for nothing passeth Jure Haereditatis but Fee By the Common Law a Man cannot be Heir to Goods or Chattels for Haeres dicitur ab Haereditate Every Heir having Land by descent is bound by the binding Acts of his Ancestors if he be named Qui sentit commodum sentire debet onus Coke on Littl. fol. 7 8. Last Heir See Last Heire-lome from the Sax. Heier i. haeres leome i. membrum Omne utensile robustius quod ab aedibus non facile revellitur ideoque ex more quorundam locorum ad haeredem transit tanquam membrum haereditatis Spelm. It comprehends divers implements of Houshold as Tables Presses Cupboards Bedsteads Furnaces Wainscot and such like which in some Countreys having belonged to a House certain descents and never inventoried after the decease of the owner as Chattels accrue by Custom not by Common Laws to the Heir with the House it self Consuetudo Hundredi de Stretford in Com. Oxon. est quod haeredes tenementorum infra Hundredum praedict existen post mortem antecessorum suorum habebunt c. Principalium Anglice an Heir-loome viz. De quodam genere catallorum utensilium c. optimum plaustrum optimam carucam optimum ciphum c. Coke on Littl. fol. 18. b. Hebber-man A Fisherman below London-bridge who fishes for Whitings Smelts c. commonly at Ebbing-water and therefore so called Mentioned in Art for the Thames-Jury Printed 1632. Hebbing-wears Mentioned in 23 Hen. 8. cap. 5. Are Wears or Engins made or laid at Ebbing-water for taking Fish Quaere Heisa servitium Inter Placita de temp Jo. Regis Northampton 50. Henchman Qui equo innilitur bellicoso From the German Hengst a War-horse With us it signifies one that runs on foot attending upon a Person of Honor or Worship Anno 3 Edw. 4. cap. 5. and 24 Hen. 8. cap. 13. It is written Henrman Anno 6 Hen. 8. cap. 1. Henghen Sax. Hengen A Prison Goal or House of Correction
Anglice vocatur terra unius aratri culturae sufficiens Hen. Hunting Hist lib. 6. But Sir Edward Coke holds That a Knights Fee a Hide or Plough-Land a yard-Yard-Land or Oxgang of Land do not contain any certain number of Acres On Littl. fol. 69. The distribution of England by Hides of Land is very ancient for there is mention of them in the Laws of King Ina cap. 14. Henricus 1. Maritandae filiae suae gratia Imperatori cepit ab unaquaque hidâ Angliae tres sol Spel. And see Cam. Brit. fol. 158. Hide-lands Sax. Hydelandes Terrae ad Hydamseu tectum pertinentes Hide and gain Did anciently signifie Arable Land Coke on Littl. fol. 85. b. For of old to gain the Land was as much as to Till or are it See Gainage Hidage Hidagium Was an extraordinary Tax payable anciently for every Hide of sand Bracton lib. 2. ca. 6. writes thus of it Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetudine veniunt nisi cum necessitas intervenerit vel cum Rex venerit sicut sunt Hidagia Coragia Carvagia alia plura de necessitate ex consensu communi totius regni introaucta quae ad Dominum feudi non pertinent c. King Etheldred in the year of Christ 994. when the Danes landed at Sandwich taxed all his Land by Hides every 310 Hides of Land found one Ship furnished and every 8 Hides found one Jack and one Saddle for defence of the Realm Willielmus Conquestor de unaquaque Hida per Angliam sex solidos accepit Floren. Wigorn. in An. 1084. Sometimes Hidage was taken for the being quit of that Tax which was also called Hyde-gyld Hidel Anno 1 Hen. 7. ca. 6. Seems to signifie a place of protection or a Sanctuary Hiis testibus Antiquity did add these words in the continent of the Deed after the In cujus rei testimonium written with the same hand with the Deed which Witnesses were called the Deed read and then their names entred And this clause of Hiis testibus in Subjects Deeds continued until and in the Reign of Hen. 8. but now is wholly omitted Coke on Litt. fol. 6. Hine Sax. A Servant or one of the Family but it is now taken in a more restrictive sence for a Servant at Husbandry and the Master â—ine he that oversees the rest Anno 12 R. 2. ca. 4. Hinefare or Heinfare from the Sax. Hine a Servant and Fare a going or passage the going or departure of a Servant from his Master Siquis occidit hominem Regis facit Hein faram Dat. Regi xx s. c. Domesday tit Arcanfeld Hinegeld Significat quietantiam transgres sionis illatae in servum transgredientem MS. Arth. Trevor Ar. Hirciscunda The division of an inheritance among Heirs Goldm. dict Actio Hirciscundae See Action mixt Hird i. Domestica vel intrinseca familia Inter Plac. Trin. 12 Ed. 2. Ebor. 48. MS. Hithe See Hyth Hoastmen Anno 21 Jac. ca. 3. Are an ancient Gild or fraternity at Newcastle upon Tine who deal in Seacoal Hoblers or Hobilers Hobelarii Erant milites gregarii levi armatura mediocri equo ad omnem mutum agili sub Edouardo 3 in Gallia merentes Dicti ut reor vel ab istiusmodi equo an Hobby appellato vel potius a Gal. hobille tunica Tabulae classes describentes in exercitu ejusdem Edvardi Caletem obsident Anno 1350 sic habent Sub Comite Kildariae Banerets 1. Knights 1. Esquires 38. Hobilers 27 c. These were light-horsemen or according to Cowel certain Tenants who by their Tenure were bound to maintain a little light Nag for certifying any invasion or such like peril towards the Sea-side as Portsmouth c. of which you may read 18 Ed. 3. Stat. 1. ca. 7. and 25 ejusdem Stat. 5. ca. 8. and Cam. Britan. fol. 272. Duravit vocabulum usque at atatem Hen. 8. says Spelman Gentz darmes Hobelours see Pryns Animad on 4 Inst fol. 307. Hock tuesday-money Was a Tribute paid the Landlord for giving his Tenants and Bondmen leave to celebrate that day which was the second Tuesday after Easter week whereon the English did Master the domineering Danes Mr. Fab. Philips Mistaken Recompence fo 39. Hockettor or Hocqueteur Is an old French word for a knight of the Post a decay'd man a basket-carrier 3 Part Inst fol. 17â— Que nul enquerelant neu respoignant ne soit surpris neu cheson per Hockettours parent que la verite ne soit ensue Stat. Ragman Hogenhine rectius Third night awn hine i. Third night own servant Is he that comes guest-wise to an Inne or House and lies there the third night after which he is accounted of that Family and if he offend the Kings Peace his Host was to be answerable for him See Thirdnight-awn-hine Hokeday Otherwise called Hock-tuesday was the second Tuesday after Easter-week Et ad festum S. Mich. cum tenere voluerit Senescallus Curiam de la Hele habebit de Celerario quinque albos panes Costrellos suos plenos Cervisiae ad idem Festum pro Curia de Kinnersdone de privilegiis tenendis habebit totidem ad le Hokeday totidem Mon. Angl. 2 Par. fo 550. b. See Hocktuesday Money Hogshead Is a Measure of Wine Oyle c. containing half a Pipe the fourth part of a Tun or 63 Gallons Anno 1 R. 3. ca. 13. Holm Sax. Hulmus insula amnica A River Island according to Bede sometimes found in ancient Deeds and Records Coke on Litt. fol. 5. Cum duobus holmis in campis de we done Mon. Angl. 2. p. fo 292. b. where it seems to have a different signification Homage Fr. Is derived from Homo and is called Homage because when the Tenant does this service he says I become your Man It is also called Manhood as the Manhood of his Tenant and the Homage of his Tenant is all one Coke on Litt. fo 64. In the Original Grants of Lands and Tenements by way of Fee the Lord did not onely tye his Tenants 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 is called Homage the form whereof you have in 17 Edw. 2. Stat. 2. in these words When a freeman shall do Homage to his Lord of whom he holds 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 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 takes Homage of every Tenant as he comes to the Land or Fee Glanv lib. 9. ca. 1. except women who perform not Homage but by their Husbands
Hundreds for better Government King Alfred brought from Germany For there Centa or Centena is a jurisdiction over a hundred Towns This is the original of Hundreds which still retain the name but their Jurisdiction is devolved to the County Court some few excepted which have been by priviledge annexed to the Crown or granted to some great Subject and so remain still in the nature of a Franchise This has been ever since the Stat. 14 Edw. 3. Stat. 1. c. 9. whereby these Hundred Courts formerly Farmed out by the Sheriff to other Men were all or the most part reduced to the County Court and so remain at present So that where you read now of any Hundred Courts you must know they are several Franchises wherein the Sheriff has not to do by his ordinary Authority except they of the Hundred refuse to do their Office See West Part 1. Symbol lib. 2. Sect. 288. ad Hundredum post Pascha ad proximum Hundredum post Festum St. Mich. Mon. Angl. 2 p. fol. 293. a. The word Hundredum is sometimes used for an immunity or priviledge whereby a Man is quit of Hundred-peny or Customes due to the Hundreder See Turn Hundreders Hundredarii Are Mon impanneld or fit to be empannel'd of a Jury upon any Controversie dwelling within the Hundred where the Land in question lies Cromp. Jur. fol. 217. Anno 35 Hen. 8. ca. 6. It also signifies him that has the jurisdiction of a Hundred and holds the Hundred Court An. 13 Ed. 1. ca. 38. 9 Edw. 2. Stat. 2. 2 Edw. 3. ca. 4. and 't is sometimes used for the Bayliff of an Hundred Horns Mirror lib. 1. ca. del Office del Coroner Hundred-lagh from Hundred and the Sax. Laga i. Lex Signifies the Hundred Court from which all the Officers of the Kings Forrest were freed by the Charter of Canutus ca. 9. Manwood Part 1. pa. 2. See Warscot Hundred-penny Est autem pecunia quam subsidit causa vicecomes olim exigebat ex singulis decuriis sui Comitatus quas Tethingas Saxones appellabant Sic ex Hundredis Hundred-penny Spel. Pence of the Hundred Cam. Brit. fol. 223. Hundred-setena Et habeant Socam Sacam on Strond on Streme on wode on felde Grithbrice Hundred-setena Adas Ordelas c. Carta Edgari Regis Monast Glaston Anno 12 regni Mon. Angl. 1. p. fo 16. b. Saeta or Setena in composition signifies Dwellers or Inhabitants Debent habere constitutionem Hundredi quod Angli dicunt Hundred-setene Text. Roff. Hurst Sax. Hyrst A Wood or Plump of Trees Huscarle Sax. A Domestic Servant or one of the Family The word is often found in Domesday where we find the Town of Dorchester paid to the use of Houscarles one Mark of silver See Karles Hus Hant. Quidam H. P. captus per querimoniam Mercatorum Flandriae imprisonatus offert Domino Regi Hus Hant in plegio ad standum recto ad respondendum praedictis mercatoribus omnibus aliis qui versus eum loqui voluerint Et diversi veniunt qui manucapiunt quod dictus H. P. per Hus Hant veniet ad summonitionem Regis vel concilii sui in Curia Regis apud Shepweye quod stabit ibi recto c. Placita Curiae Regis Anno 27 Hen. 3. rot 9. Quaere an non sit commune plegium sicut Jo. Do. Ric. Ro. see 4 Inst fol. 72. Huseans Fr. Houseau A kind of Boot or somewhat made of course cloth and worn over the Stocking in stead of a Boot a Buskin It is mentioned in the Stat. 4. Edw. 4. ca. 7. Husfastne from the Sax. Hus i. Domus Fast Fixus quasi domui fixus Is he that holdeth House and Land Et in franco plegio esso debet omnis qui terram tenet domum qui dicuntur Husfastne etiam alii qui illis deserviunt qui dicuntur Folgheres c. Bracton lib. 3. Tract 2. ca. 10. Some Authors corruptly write it Hurderefest Hurdesfest rectius Heordfeste which see in Gloss in decem Scriptor Husseling people In a Petition from the Borough of Leominster to King Edward the Sixth the Petitioners set forth that in their Town there were to the number of 2000 Husseling people c. that is 2000 Communicants For Husel in Saxon signifies the Holy Eucharist Hustings Hustingum from the Sax. Hus Domus thing causa quasi Domus causarum antiquissima celeberrima Londoniarum Civitatis Curia suprema the principal and highest Court in London 11 Hen. 7. ca. 21. and 9 Ed. 1. ca. unico Of the great antiquity of this Court we find this Honourable mention in the Laws of King Edward the Confessor Debet etiam in London quae est Caput regni legum semper Curia Domini Regis singulis Septimanis Die Lunae Hustingis sedere teneri Fundata enim erat olim aedificata ad instar ad modum in memoriam veteris magnae Troiae usque in hodiernum diem leges jura dignitates libertates regiasque consuetudines antiquae magnae Trojae in se continet Consuetudines suas una semper inviolabilitate conservat See Taylors Hist of Gavelkind p. 55. This Court is held before the Mayor and Aldermen of London Error or Attaint lies there of a Judgment or false Verdict in the Sheriffs Court as appears by Fitz. Nat. Br. fol. 23. Other Cities and Towns also have had a Court of the same name as Winchester Lincoln York Sheppey c. where the Barons or Citizens have a Record of such things as are determinable before them Fleta lib. 2. ca. 55. Stat. 10 Edw. 2. ca. unico See 4 Inst fol. 247. and Gloss in decem Scriptores on this word Hyde of Land See Hide Hyde-gyld Sax. Hyd-gyld A price or ransom paid to save ones skin from beating Also the same with Hidage Hyth Sax. A Port or little Haven to imbark or land Wares at as Queen-hyth Lamb-hythe c. New Book of Entries fo 3. de tota medietate Hithae suae apud Hengestesey cum libero introitu exitu c. Mon. Angl. 2 Par. fo 142. n. 40. I. JAck olim Wambasium erat tunica quod non ferro solido sed tunicis plurimo lino intextis muniebatur a kind of defensive Coat worn by Horsemen in Warr which some by tenure were bound to find upon any invasion See Hidage Jactivus Jectivus Lat. He that loseth by default Placitum suum neglexerit Jactivus exinde remansit Formul Solen 159. Jamaica Is one of the American Islands lying on the South of Cuba Its length from East to West about 50 Leagues and breadth 20 the middle of it under the 18th degree of Northern Latitude It was taken from the Spaniard by the English in the year 1655 and is mentioned in the Stat. 15 Gar. 2. ca. 5. Jamaica-wood mentioned 15 Car. 2. ca. 5. Is a kind of speckled or fine-grain'd Wood of which Cabinets are made called
Ex Reg. Priorat de Cokesford See Bracton lib. 3. tract 2. cap. 35. who says inter al. Et dicitur Infangethef latro captus in terra alscujus de hominibus suis propriis seisitus latrocinio Utfangthefe verò dicitur latro extraneuae veniens aliunde de terrâ alienâ qui captus fuit in terrâ ipsius qui tales habet libertates c. See also Sir Hen. Spelmans learned Glossarium In forma pauperis Is when any Man who hath just cause of Sure in Chancery and will make Affidavit that he is not worth Five pounds his debts being paid then upon a Petition to the Master of the Rolls he shall be admitted to sue In forma pauperis and shall have Council and Clerks assigned him without paying Fees and the like by the Judges of other Courts Information for the King Informatio pro Rege Is that which for a common person we call a Declaration and is not always preferred directly by the King of his Atturney but also by some other person who prosecutes as well for the King as for himself upon the breach of some Penal Law or Statute wherein a penalty is given to the party that will sue for the same and may either be by Action of Debt or Information Informatus non sum or Non sum informatus Is a Formal Answer made of course by an Atturney who is not instructed to say any thing material in defence of his Clients cause by which he is deemed to leave it undefended and so Judgment passeth against his Client See the New Book of Entries verbo Non sum informatus Informer Informator Is one who informs or prosecutes in the Exchequer Kings Bench or Common Pleas Assises or Sessions against those that offend or break any Laws or Penal Statutes And are sometimes called Promotors by the Civilians Delatores Ingressu Is a Writ of Entry whereby a Man seeks Entry into Lands or Tenements and lies in divers Cases wherein it hath as many diversities of Forms See Entry This Writ is also called in particular Praecipe quod reddat because those are formal words in all Writs of Entry De Ingressu sine assensu Capituli c. Reg. of Writs fol. 230. Is a Writ given by the Common Law to the Successor of him who alienated Sine assensu capituli c. And is so called from those words contained in the Writ Coke on Littl. fol. 325. b. Ingrossator magni Rotuli See Clerk of the Pipe In grosse Is that which belongs to the person of the Lord and not to any Mannor Lands c. As Villain in grosse Advowzen in grosse c. Coke on Littl. fol. 120. b. Ingrossing of a Fine Is making the Indentures by the Chirographer and the delivery of them to the party to whom the Cognisance is made Fitz. Nat. Br. fol. 147. A. Ingrosser Ingrossator Is one that buys Corn growing or dead victuals to sell again except Barley for Malt Oats for Oat-meal or Victuals to Retail Badging by Licence and buying of Oyls Spices and Victuals other then Fish or Salt Anno 5 Edw. 6. cap. 14. Eliz. cap. 14. 13 Eliz. cap. 25. These are the words of Wests Symbol par 2. tit Indictments sect 64. But this definition rather belongs to unlawful ingrossing then to the word in general See Forestaller and 3 Part. Inst fol. 195. Ingrosser Is also a Clerk that writes Records or Instruments of Law in Skins of Parchment as in Henry the Sixth's time He who is now called Clerk of the Pipe was called Ingrossator Magni Rotuli and the Comptroller of the Pipe was called Duplex Ingrossator Spelm. Inheritance Haereditas Is a perpetuity in Lands or Tenements to a Man and his Heirs For Littleton lib. 1. cap. 1. saith this word is not onely understood where a Man hath inheritance of Lands and Tenements by descent of heritage but also every Fee-simple or Fee-tail that a Man hath by his purchase may be called Inheritance because his Heirs may inherit him Several Inheritance is that which two or more hold severally as if two Men have Land given to them and the Heirs of their two Bodies these have Joynt Estate during their lives but their Heirs have several inheritance Kitchin fol. 155. A Man may have an inheritance in title of Nobility three manner of ways 1. By Creation 2. By Descent And 3. by Prescription Inhibition Inhibitio Is a Writ to forbid a Judge from farther proceeding in the Cause depending before him See Fitz. Nat. Br. fol. 39. where he confounds Inhibition and Prohibition But Inhibition is most commonly a Writ issuing out of a higher Court Christian to an inferior upon an Appeal Anno 24 Hen. 8. cap. 12. and 15 Car. 2. cap. 9. And Prohibition out of the Kings Court to a Court Christian or an Inferior Temporal Court Injunction Injunctio Is a Writ grounded upon an interlocutory order of the Chancery sometimes to give possession to the Plaintiff for want of appearance in the Defendant sometimes to the Kings Ordinary Court and sometimes to the Court Christian to stay proceeding in a Cause upon suggestion made that the rigor of the Law if it take place is against Equity and Conscience in that case See West Par. 2. Symbol tit Proceedings in Chancery sect 25. Inlagh or Inlaughe Inlagatus Signifies him that is sub lege in some Frank-pledge not out-lawed of whom thus Bracton tract 2. lib. 3. cap. 11. Faemina utlagari non potest quia ipsa non est sub lege i. Inlaughe anglicō scil in Franco plegio sive decenna sicut masculi 12 annorum vel amplius Inlagary or Inlagation Inlagatio Is a restitution of one outlawed to the Protection of the Law or to the benefit or liberty of a Subject From the Sax. In-lagian i. Inlagare Et ex eo seipsum legis patrocinii adeo capacem reddat ut ad compensationem admittatur LL. Canuti Reg. pag. 1. cap. 2. Inland Inlandum Terra dominicalis pars Manerii Dominica terra interior For that which was let out to Tenants was called Utland In the Testament of Brithericus in Itinerar Kantii thus to wulsege that Inland to aelfege that Utland i. Lego terras Dominicales Wulfego Tenementales Aelfego Thus Englished by Lambert To Wulfée I give the Inland or Demeans and to Elfey the Outland or Tenancy Ex dono Wil. de Eston 50 Acras de Inlanda sua Rot. Cart. 16 Hen. 3. m 6. This word is often found in Domesday Inleased Fr. Enlasse Intangled or insnared The word is found in the Champions Oath 2 Part. Cokes Inst fol. 247. Inmates Are those that are admitted to dwell for their Money joyntly with another Man though in several Rooms of his Mansion-house passing in and out by one door and not being able to maintain themselves which are inquirable in a Leet Kitchin fol. 45. where you may finde who are properly Inmates in Intendment of Law Innes of Court Hospitii Curiae Are so called because the
or out of Lands For he is truly said to have an interest in them Coke on Litt. fo 345. b. Interlocutory Order Ordo interlocutorius Is that which non definit controversiam sed aliquid obiter ad causam pertinens decernit As where an Order is made by motion in Chancery in a Sute there depending for the Plaintiff to have an Injunction to quiet his possession till the hearing of the Cause This or any such like order which is not final is call'd interlocutory Interpleder See Enterpleder Intestates Intestati There are two kinds of Intestates one that makes no Will at all another that makes a Will and Executors and they refuse in which case he dies quasi intestatus 2 Part Inst fol. 397. Intiertie See Entierty Intrusion Intrusio Is when the Ancestor dies seiz'd of any Estate of inheritance expectant upon an estate for life and then Tenant for life dies between whose death and the entry of the Heir a stranger does interpose himself and intrude Coke on Litt. fo 277. To the same effect is Bracton lib. 4. ca. 7. Intrusio est ubi quis cui nullum jus competit in re nec scintilla juris possessionem vacuam ingreditur c. See him at large and Fleta lib 4. ca. 30. Sect. 1 2. Britton ca. 65. See Abatement Entrusion and the Stat. 21 Jac. ca. 14. Intrusione Is a Writ that lies against the Intruder Regist fo 233. Invadiationes Morgages or Pledges Confirmamus eis omnes alias donationes venditiones invadiationes eis rationabiliter factas Mon. Angl. 1. pa. fo 478. a. Inventarie Inventarium Is a list or repertory orderly made of all dead mens goods and Chattels prized by four credible Men or more which every Executor or Administrator ought to exhibit to the Ordinary at such time as he shall appoint West Part 1. Symbol lib. 2. Sect. 696. where likewise you may see the form This Inventary proceeds from the Civil Law for whereas by the ancient Law of the Romans the Heir was tied to answer all the Testators Debts by which means Inheritances were prejudicial to many men Justinian to encourage men the better to take upon them this charitable Office ordain'd That if the Heir would first make and exhibit a true Inventary of all the Testators Substance coming to his hands he should be no farther charged then to the value of it Lib. ult Cod. de Jure deliberando In ventre sa mere Fr. In the Mothers Belly Is a Writ mentioned in the Register of Writs and in Anno 12 Car. 2. ca. 24. Invest from the Fr. Invester Signifies to give possession Investitura proprie dicitur quando hasta vel aliquod corporeum traditur a Domino sayes the Feudist lib. 2. tit 2. We use likewise to admit the Tenant by delivering him a Verge or Rod into his hands and ministring him an Oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio a giving Livery of seisin or possession Invoice 12 Car. 2. ca. 34. Is a particular of the value custom and charges of any goods sent by a Merchant in another mans Ship and consign'd to a Factor or correspondent in another Country Inure Signifies to take effect or be available As the pardon inureth Stamf. Praerog fo 40. See Enure Jocalia Jewels Edward the First employ'd one Andevar ad socalia sua impignoranda Claus 29 Edw. 1. Praeterea confiderantes gratam subventionem quam praefati abbas Monachi Rading nobis fecerunt de magnis praeciosis Jocalibus ac aliis rebus suis in subsidium expensarum sumptuum quos circa praesens passagium nostrum versus partes transmarinas c. In mem Scac. de Anno 20 Ed. 3. Trin. Rot. 3. Jocarius a Jester In a Deed of Richard Abbas de Bernayo to Henry Lovet sine dat among the witnesses to it was Willielmo tunc Jocario Domini Abbatis Joclet Sax. Praediolum agri colendi portiuncula A little Farm or Mannor in some parts of Kent called a Yoklet as requiring but a small Yoke of Oxen to till it Sax. dict Jotson See Jetsen Flotson Joynder Is the coupling or joyning of two in a Sute or Action against another Fitz. Nat. Br. fo 118. and in many other places as appears in the Index verbo Joynder Joyntenants Simul tenentes or qui conjunctim tenent Are those that come to and hold Lands or Tenements joyntly by one title pro indiviso or without partition Littleton lib. 3. ca. 3. And these Joyntenants must joyntly plead and joyntly be impleaded by others which property is common between them and Coparceners but Joyntenants have a sole quality of survivorship which Coparceners have not For if there be two or three Joyntenants and one has Issue and dies he or those Joyntenants that survive shall have the whole by survivorship See Coke on Litt. fo 180. Joyning of Issue Junctio exitus See Issue Joynture Junctura Is a Covenant or Settlement whereby the Husband or some other friend in his behalf assureth to his Wife in respect of Marriage Lands or Tenements for term of her life or otherwise It is so called either because it is granted ratione Juncturae in matrimonio or because the Land in Frank-marriage is given joyntly to the Husband and Wife and after to the heirs of their bodies whereby the Husband and Wife are made Joyntenants during the Coverture Coke lib. 3. Butler and Bakers Case Ioynture is also used as the abstract of Ioyntenants Coke lib. 3. Marq. of Winchesters Case Journal Fr. A Diary or Day-book Iournals of Parliament are no Records but Remembrances they are not of necessity nor have been of long continuance See Hob. Rep. fo 109. Journ-choppers Anno 8 Hen. 6. ca. 5. Were Regraters of Yarn Whether that we now call Yarn was in those dayes called Iourn I cannot say but choppers in these dayes are well known to be changers As to chop and change is a familiar phrase See Chop-chirch Journy-man from the Fr. Iournee i. A day or days work Was properly he that wrought with another by the day though now by Statute it be extended to those likewise that covenant to work with another in their Occupation or Trade by the year Anno 5 Eliz. ca. 4. Ire ad largum To go at large to escape to be set at liberty Irregularity Irregularitas Disorder going out of Rule In the Canon Law it is taken for an impediment which hinders a man from taking Holy Orders as if he be base-born notoriously desamed of any notable Crime maimed or much deformed or has consented to procure anothers death with divers other Irrepleviable or Irreplevisable That may not or ought not by Law to be replevied or set at large upon Sureties The Distress shall remain irrepleviable Anno 13 Ed. 1. ca. 2. Isinglas Gluten piscium Is a kind of Fish-glue or Fish-gum brought from Iseland and those parts and is used in Medicines and by some in the
of the Exchequer the meaning and etmology whereof will appear by what follows Md. quod Anno Dom. 1277 Anno Regni Regis Edwardi filii Regis Henrici quinto misit idem Rex per totam Angliam Ballivos inquirere sub juramento in secreto de universis terris Angliae per Johannem de Kirkby Thesaurarium suum quisquis teneret cujus feodi quantum cujus Regis tempore feoffati essent Ex Registro Glaston Caenobii penes Rad. Sheldon Ar. fo 71. b. Knave Sax. Cnawa Is used for a Man-servant Anno 14 Edw. 3. Stat. 1. ca. 3. It did anciently signifie a Child also a Minister or Servant Matth. 8. 6. Puer meus jacet in domo paralyticus was in the Saxon Translation turned myn knawa Hence seyld knawa pro Armigero quasi scuti famulus seu minister he that bore the Weapon or Shield of his Superior It was sometimes of old used as a titular addition Johannes filius Willielmi Couper de Denby Knave ad satisfaciendum Regi de omni eo quod ad Regem pertinet occasione cujusdam Utlagariae in ipsum in placito transgressionis ad sectam Regis promulgata Original de anno 22 Hen. 7. 36 Derby Knight Sax Cnyt Miles Chivalier or Eques auratus from his gilt Spurs usually worn and thence called anciently Knights of the Spur. Signifies one that bears Arms who for his vertue and Marshal prowess is by the King or one having his Authority exalted above the rank of Gentlemen to a higher account or step of dignity The manner of making them Cam. in his Britan. thus shortly expresseth Nostris vero temporibus qui Equestrem dignitatem suscipit flexis genibus leviter in humero percutitur Princeps his verbis Gallice affatur Sus vel sois Chevalier au nom de Dieu i. Surge aut fis Eques in nomine Dei This is meant of Knight-Bachelers which is the lowest but most ancient degree of Knighthood with us By the Stat. 1 Edw. 2. ca. 1. All Gentlemen having a full Knights Fee and holding their Land by Knights Service might be compelled by distress to procure himself to be made Knight when he came to Mans Estate But by the Statute 17 Car. 1. ca. 20. it is ordained that no man shall be compelled to take the Order of Knighthood c. The priviledge belonging to a Knight see in Ferns Glory of Generosity p. 116. Of Knights there are two sorts one Spiritual so called by Divine in regard of their Spiritual Warfare the other Temporal Cassanaeus de gloria mundi Part 9. Considerat 2. See Seldons Titles of Honor fo 770. Knights of the Garter Equites Garterii or Periscelidis Arc an Order of Knights created by Edward the Third after he had obtained many notable Victories who for furnishing this honorable Order made choice in his own Realm and all Christendom of 25 the most excellent and renowned persons for vertue and honour Himself and His Successors Kings of England were ordained to be the Soveraigns and the rest Fellowes and Brethren of this Order Smith de Repub. Angl. lib. 1. ca. 20. The Officers belonging to it are The Prelate of the Garter which is alwayes the Bishop of Winchester The Chancelor of the Garter the Register who is alwayes Dean of Windsor The Principal King at Armes called Garter whose chief function is to manage their Solemnities at their Feasts and Installations Lastly the Usher of the Garter being the Usher of the Black Rod. This most honourable Society is a Colledge or Corporation having a great Seal belonging to it See Garter Knights Baneret See Baneret John Coupeland for his valiant service against the Scots had the honour of Baneret conferred on him and his Heirs for ever by Patent 29 Edw. 3. part 1. m. 2. Knights of the Bath See the Antiquity and Ceremony of their Creation in Mr. Dugdales Description of Worcestershire fo 531 532. They are so called from their Bathing the night before their Creation Their place is before Knights Batchelors and after Baronets Knights of St. John of Hierusalem Milites Sancti Johannis Hierosolâ—mitani Had beginning about the year 1119. and denomination from John the charitable Patriarch of Alexandria though vowed to St. John Baptist their Patron They had their primary foundation and chief aboad first in Hierusalem and then in the Isle of Rhodes until they were expelled thence by the Turk Anno 1523. Since which time their chief Seat is in the Isle of Malta where they have done great Exploits against the Infidels especially in the year 1595 and are now called Knights of Malta They had one general Prior who had the Government of the whole Order within England and Scotland Reg. of Writs fol. 20. b. and was the first Prior of England and sate in the Lords House of Parliament Of these Knights mention is made in the Stat. 25 Hen. 8. ca. 2. 26 ejusdem ca. 2. But Anno 32 Hen. 8. ca. 24. They in England and Ireland being found overmuch to adhere to the Pope against the King were suppressed and their Lands and Goods referred by Parliament to the Kings disposition See Hospitalers Knights of Malta See Knights of St. Iohn Knights of Rhodes Anno 32 Hen. 8. ca. 24. See Knights of St. Iohn Knights of the Temple See Templers Knights of the Chamber Milites Camerae mention'd in 2 Inst fo 666. and in Rot. Pat. 29 Ed. 3. par 1. m. 29 seem to be such Knights Batchelers as are made in time of Peace because Knighted commonly in the Kings Chamber not in the Field as in time of War Knights of the Shire Milites Comitatus otherwise called Knights of Parliament are two Knights or Gentlemen of worth chosen upon the Kings Writ in pleno Comitatu by the Freeholders of every County that can dispend 40 s. per ann Anno 1 Hen. 5. ca. 1. and 10 Hen. 6. ca. 2. who are in Parliament to consult in behalf of the Commons of England touching the Publick Affairs of the Realm These when every man that had a Knights Fee was customarily constrained to be a Knight were of necessity to be milites gladio cincti for so runs the Writ at this day But now Custom admits Esquires to be chosen to this Office Quod milites Comitat. pro Parliamento extunc eligend sint milites notabiles de eisdem Com. pro quibus sic eligentur seu aliter notabiles Armigeri homines generosi de nativitate de eisdem Com. qui sint habiles existere milites quod nullus homo sit talis miles qui in gradu valetti inferiori existit prout in Statuto continetur viz. 23 H. 6. In breve de Sum. ad Parl. Claus 39 Hen 6. in dorso m. 41. For the choice of these Knights see the Statutes 7 Hen. 4. ca. 15. 23 Hen. 6. ca. 15. with others Their expences are to be born by the County 35 Hen. 8. ca. 11. though now a dayes that is for the
Id est pro unoquoque domo unum denarium Spel. Landimers Agrimensores Measurers of Land anciently so called Landimera autem est terrae limes vel meta From the Sax. gemaere i. terminus Landman Sax. Landesman Terricola The Terre-tenant Land-tenant Is he that actually possesses the Land or hath it in his Manual occupation Anno 14 Edw. 3. stat 1. cap. 3. See Terre-tenant Langemanni Item in ipsa Civitate erant 12 Langemanni i. Habentes Socam Sacam Domesday tit Lincolnscire Lanis de cresceâ—tia Walliae traducendis absque Custuma c. Is a Writ that lies to the Customer of a Port to permit one to pass over Wool without paying Custom because he hath paid it in Wales before Reg. of Writs fol. 279. Lapse Lapsus Is a slip or omission of a Patron to present a Clerk to a Benefice within six Moneths after it becomes void in which case we say the Benefice is in lapse or lapsed Anno 13 Eliz. cap. 12. And this lapse is incurred as well where the Patron is ignorant of the Avoidance as privy except onely upon the Resignation of the former Incumbent or Deprivation upon any Cause comprehended in the same Statute In which Cases the Bishop ought to give notice to the Patron Larceny Fr. Larrecin Lat. Latrocinium Is a Theft of Personal Goods or Chattels in the owners absence and in respect of the thing stoln it is either great or small Great Larceny is when the things stoln though severally exceed the value of xii d. Petit Larceny is when the Goods stoln exceed not the value of xii d. Of this see more in Stamf. Pl. Cor. lib. 1. cap. 15 16 17. Inter minuta autem furta says Spelman quae Forenses vocant Petie Larcenys olim habebantur equi bovis subtractio ut perspicuum est ex Assisis Hen. 2. Clarendoniae editis ubi sic legitur Haec Assisa attenebit in murdro proditions iniqua combustione in omnibus praedictis nisi in minutis furtis roberiis quae factae fuerunt tempore guerrae sicut de equis bobus minoribus rebus Larding-mony In the Mannor of Bradford in Com. Wilts the Tenants pay to the Marquess of Winchester their Land-Lord a small yearly Rent by this Name Which I conceive to be for liberty to feed their Hogs with the Mast of the Lords Woods the Fat of a Hog being called Lard Larons Fr. Theeves In the Statute for View of Frank-pledge made 18 Edw. 2. The Fourteenth Article to be given in charge at Leets is Of Pety Larons as of Géese Hens or Sheafs of Corn. Lashlite Si quis decimam contra teneat reddat Lasblite cum Dacis Witam cum Anglis It denoted the Danish common for feiture which was Twelve Ores every Ore valuing about xvi d. sterling Seldens Hist of Tythes pag. 203. Last Sax. Lest Fr. Signifies a burden in general and particularly a certain weight or measure As a Last of Pitch Tar or Ashes contains Fourteen Barrels 32 Hen. 8. cap. 14. A Last of Hides or Skins Twelve dozen 1 Iac. cap. 33. A Last of Cod-fish Twelve Barrels 15 Car. 2. cap. 7. A Last of Herring contains Twenty Cades or Ten thousand every Thousand Ten hundred and every Hundred sixscore Anno 51 Hen. 3. Stat. 2. cap. 2. A Last of Corn or Rapeseed is Ten Quarters A Last of Wool is Twelve Sacks A Last of Leather is Twenty Dickers and every Dicker Ten Skins Of Unpacked Herrings Eighteen Barrels make a Last A Last of Osmonds is Four thousand weight Sed cum discederent mercatores 4 denarius de uno quoque Lesth habebant Rex Comes Sc. Cestriae LL. Edw. Conf. apud Selden tit Hon. sol 620. Last also in the Marshes of East Kent signifies a Court held by Twenty four Jurats and summoned by the two Bailiffs thereof wherein they make Orders lay and levy Taxes impose Penalties c. For preservation of the said Marshes See the Hist of Imbanking and Draining fol. 54. Last Heir Ultimus Haeres Is he to whom Lands come by Escheat for want of lawful Heirs that is the Lord of whom they are held in many Cases but the King in others Quippe Rex omnium haeredum ultimus est uti Occanus omnium fluviorum receptaculum Bracton lib. 7. cap. 17. Lastage Lestage and Lesting Lastagium from the Sax. Last i onus A Custom exacted in some Fairs and Markets to carry things where one will according to Rastal But Anno 21 Rich. 2. cap. 18. it is taken for the Ballance of a Ship In a Charter of Henry the Third to the Monastery of Semplingham thus Et sint quieti de Theolonio pontagio passagio pedagio Lestagio stallagio Where it is to be understood in the former signification Omnes homines London sint quieti liberi omnes res corum per totam Angliam per portus maris de theolonio passagio lastagio ab omnibus aliis consuetudinibus Diploma Hen. 1. de Libertatibus London Lastage says another Author Is properly that Custom which is paid for Wares sold by the Last as Herrings Pitch c. Lathe or Leth Laestum Leda Sax. Laethe Is a great part of a County sometimes containing three or more Hundreds or Wapentakes as it is used in Kent and Sussex Suoque olim subaudiens Magistratui quem Ledgrevium appellabant Et quod Anglice vocabant 3 vol 4 Hundreda isti vocabant thrihinga In quibusdam verò provinciis Anglice vocabant Laeth quod isti dicunt Trihinge Quod autem in Trihinge definiri non poterat ferebatur in Seyram i. in Curiam Comitatus LL. Edw. Conf. cap. 35. Et sint quieti de sectis Comitatuum Leth Hundred auxiliis Vicecomitum Pat. 1 Hen. 4. par 8. m. 8. Latimer Seems to be used by Sir Edw. Coke for an Interpreter 2 Part. Inst fol. 515. Vox autem unde veniat non liquet Latitat Is the name of a Writ whereby all Men in Personal Actions are called originally to the Kings Bench. Fitz. Nat. Br. fol. 78. which hath this name upon a supposition commonly untrue that the Defendant doth lurk and lie hid For Latitare est se maliciose occultare animo fraudandi creditores The true original of this Writ is this In ancient time whilest the Kings Bench was moveable the Custom was when any Man was to be sued to send forth a Writ to the Sheriff of the County of Middlesex where the Court was Resident called a Bill of Middlesex to take him whereupon the Sheriff returned Non est inventùs in Baliva nostra c. Then was there a second Writ sued forth that had these words Cum Testatum est quod Latitat c. And thereby the Sheriff willed to attach him in any other place where he might be found And when the Tribunal of the Kings Bench came to be setled at Westminster the former course of Writ was kept for
used for that Duty and Allegiance which every good Subject owes to his Liege-Lord the King Soveraigne Lord I Henry Percy become your Subgette and Leige Man and promit to God and you that hereafter I Faith and Trouth shall hear to you as to my Sovereign Leige Lord and to your Heirs Kings of England of life and limme and of earthly worshippe for to live and die ayeinst all erthly People and to You and to Your Commandements I shall be obeysant as God me help and his Holy Evangelists 27 Oct. 9 Ed. 4. Claus 9 Ed. 4. m. 13. in dorso See Lieges Ligeance Ligeantia a Ligando Is a true and faithful obedience of the Subject to his Soveraign Sometimes it signifies the Dominion or Territory of the Liege Lord. As Anno 25 Ed. 〈◊〉 Stat. 2. Children born out of Ligeance of the King Also the same with Ligeancy See Coke on Litt. fo 129. a. and Calvins Case 7. Rep. Limitation of Assize Limitatio Assizae Is a certain time set down by Statute wherein a Man must allege himself or his Ancestor to have been seized of Lands sued for by a Writ of Assize See the Statâ— of Merton ca. 8. and Westm 1. ca. 38. So it is used in Old Nat. Br fo 77. in these words The Writ de Consuetudinibus servitiis lyeth where I or my Ancestors after the limitation of Assize were not seized of the Customs c. But before the limitation of Assize we were seized c. Linarium A place where Flax is sown a flax-plat Et messuagium quod est juxta cimiterium cum linario quod jacet juxta praedictum Messuagium Pat. 22 Hen. 4. Par. 1. m. 33. Littera As tres Carectatas Litterae three Cartloads of Straw or Litter Mon. Angl. 2 Par. fo 33 b. Libery from the Fr. Livre i. Insigne Gestamen Signifies a Hat Coat Cloak or Gown which a Noble or Gentleman gives to his servants or followers with cognizance or without and is mentioned in 1 Rich. 〈◊〉 ca. 7. and 3 Car. 1. ca. 4. and divers other Statutes See Reteiner Also before the Stat. of 12 Car. 2. ca. 24. it did signifie a delivery of possession to those Tenants which held of the King in Capite or Knights-service for the King by his Prerogative had primier seisin or the first possession of all Lands and Tenements so holden of him Stamf. Praerog ca. 3. fo 12. it was in the nature of a Restitution sayes Sir Edward Coke And the Writ which lay for the Heir to obtain the possession or seisin of his Lands at the Kings hands was called his Livery Fitz. Nat. Br. fo 155. but by the said Statute all Wardships Liveries c. are taken away and discharged Livery of seisin Deliberatio seisinae Is a delivery of possession of Lands Tenements or other corporeal thing for of things incorporeal no Livery of seisin may be to one that has right or a probability of right thereto For as Bracton sayes lib. 2. ca. 18. num 3. Traditio debet esse vestita non nuda It is a Ceremony used in conveyance of Lands or Tenements where an estate in Feesimple Feetayl or a Freehold passeth And it is a testimonial of the willing departure of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing acceptance by the other party of all that whereof the other hath devested himself The common manner of delivery of Seisin is thus If it be in the open Field where is no House nor building and if the estate pass by Deed one openly reads it or declares the effect of it and after that is fealed the Vendor takes it in his hands with a clod of Earth upon a twig or bough which he delivers to the Vendee in the name of Possession or Seisin according to the effect of the Deed But if there be a House or Building upon the Land then this is to be done at the door of it none being left at that time within the house and the Ring of the door delivered to the Vendee who enters alone shuts the door and presently opens it again If it be a House without Land or Ground the Livery is made and Possession taken by delivery of the Ring of the door and Deed onely And where it is without Deed either of Lands or Tenements there the party declares by word of Mouth before witnesses the estate he parts with and then delivers Seisin or Possession in manner asoresaid And so the Land or Tenement passeth as well as by Deed and that by force of the Livery of Seisin See West par 1. Symbol lib. 2. sect 196. and Coke on Littl. fol. 48. a. This was anciently a Pair of Gloves a Ring Knife Ear of Wheat c. was delivered in sign or token of Livery and Seisin Local Localis Tied or annexed to a place certain As the thing is local and annexed to the Freehold Kitchin fol. 180. An Action of Trespass for Battery c. is transitory not local that is not needful 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 or that the Action should be tried or laid in the same County where the Fact was done The gard of the person and of the Lands differs in this because the person being transitory the Lord might have his Ravishment de Gard before he was seised of him but not of the Land because it is local Perkins Grants 30. Locus Partitus Signifies a Division made between two Towns or Counties to make tryal in whether the Land or place in question lies Fleta lib. 4. cap. 15. num 1. Lode Ship A kinde of Fishing Vessel mentioned 31 Edw. 3. stat 3. cap. 2. Lodeworks One of the Works belonging to the Stannaries in Cornwal for which see Stremeworks Lodemerege Item en droit de Lodemerege dient les avantditz Jurez que leur sembli cest case ils ne scayvent meilleur advise ne remedy mays que ce soit desore user fait per maner quest conteyne en le Ley D'Oleron Pryns Animad on 4 Inst fol. 116. Logating An unlawful game mentioned 33 Hen 8. cap. 9. now disused Logwood Is a kinde of Wood which divers use otherwise called Block-wood brought from Compethe and other remâ—â—â— parts and was prohibited by Stat. 23 Eliz. ca. 9. and 39 ejusdem cap. 11. But since by Stat. 14 Car. 2. cap. 11. the importation and use of it is allowed Loich or Loych Fish 31 Edw. 3. stat 3. cap. 2. And that no Fish called Loych Fish be chosen or tried but onely in thrée parts that is to say Lob Ling and
Parish-Churches under Bishops in England but other Authors differ in the number Parle-hill Collis vallo plerunque munitus in loco campestri ne insidiis exponatur ubi convenire olim solebant Centuriae aut viciniae incolae ad lites inter se tractandas terminandas Scotis reor Grith-hail q. Mons pacificationis cui Asyli privilegia concedebantur Vide Stat. Will. Regis Scot. ca. 5. Sect. 1. Et in Hibernia frequentes vidimus the Parle and Parling-hills Spel. Parliament Parliamentum from the Fr. Parler loqui Is the great Assembly of this Kingdom consisting of the King and the three Estates of the Realm viz. The Lords Spiritual the Lords Temporal and the Commons for the Debating of Matters touching the Common-wealth and especially the making and correcting Laws which Assembly or Court is of all other the highest and of greatest Authority as you may read in Sir Tho. Smith de Repub. Angl. Cam. Britan. pa. 112. Si vetustatem spectes est antiquissima si dignitatem est honoratissima si jurisdictionem est capacissima Coke on Litt. lib 2. ca. 10. Sect. 164. And see his fourth Part Inst ca. 1. This great Assembly was anciently called Commune Concilium Regni Angliae As in an ancient Charter of King John Nullum Scutagium vel auxilium ponam in regno nostro nisi per Commune Consilium regni nostri c. The first Parliament in England according to Sir Richard Baker was held at Salisbury 19 April 16 Hen. 1. But see Cottoni Postâ—umâ— fo 15. and 2 Inst fo 268. where there is mention of Parliaments held long before that time The Abbot of Croyland was wont to call a Parliament of his Monks to consult about the affairs of his Monastery Croylandensis libri haec sunt verba Concessimus etiam tunc Scrientium nostrae Ecclesiae Semanno de Lek qui veniens coram Conventu in nostro publico Parliamento similiter juramentum prestitit quod fidus fidelis nobis existerit Officium c. And at this day the Community of the two Temples or Inns of Court do call that Assembly A Parliament wherein they consult of the common affairs of their several Houses See Crom. Jurisd fo 1. See Royal assent Parliamentum insanum so called in History was a Parliament held at Oxford Anno 41 H. 3. MS. in Bibl. Cotton sub tit Vitellius C. 9. Parliamentum indoctorum Was a Parliament held at Coventry 6 Hen. 4. Whereunto by special precept to the Sheriffs in their several Counties no Lawyer or person skill'd in the Law was to come and therefore it was so called Walfingh pa. 412. n. 30. Rot. Parl. 6 Hen. 4. Parol Fr. Is used in Kitchin fo 193. for a Plea in Court and being joyn'd with Lease as Lease parol or Lease per parol is a Lease by word of mouth contradistinguish'd from one in writing Parson Persona Signifies the Rector of a Church because he for his time represents the Church and susteins the person thereof as well in suing as being sued in any action touching the same See Fleta lib. 9. ca. 18. Charta Hugonis Pusac alias Pudsey de Puteaco tempore Hen. 2. Hugo dei Gratia Dunelmensis Episcopus omnibus Archidiaconis suis Clericis laicis Episcopatus sui salutem Sciatis nos ad Praesentationem Roberti Capellani in Ecclesiam de Witefield quae in feudo suo sita est Canonice impersonasse Robertum nepotem suum Quare volumus praecipimus quatenus idem Robertus habeat teneat Ecclesiam praenominatam libere quiete tam in decimis quam in caeteris obventionibus sicut aliqui Clerici liberius quietius in Episcopatu nostro Ecclesias suas teneant Salvis in omnibus Episcopalibus consuetudinibus Testibus c. Endorsed thus Praesentatio Roberti de Quitefeld Parson imparsonee Persona impersonata Is the Rector that is in possession of a Church Parochial be it presentative or impropriate and with whom the Church is full For in the New Book of Entries verbo Ayd in Annuity you have these words Et praedictus A. dicit quod ipse est Persona praedictae Ecclesiae de S. impersonata in eadem ad praesentationem F. Patronissae c. So that Persona seems to be the Patron or he that has right to give the Benefice by reason that before the Later an Councel he had right to the Tythes in respect of his liberality in erecting or endowing the Church Quasi sustineret personam Ecclesiae Persona impersonata he to whom the Benefice is given in the Patrons right For in the Reg of Writs judicial fo 34. b. Persona impersonata is used for the Rector of a Benefice presentative and not appropriated and Dyer fo 40. num 72. sayes a Dean and Chapter are Parsons impersonees of a Benefice appropriated to them who also fo 221. num 19. plainly shews that persona impersonata is he that is inducted and in possession of a Benefice So that Persona seems to be termed impersonata onely in respect of the possession he has of the Benefice or Rectory be it appropriate or otherwise by the act of another Coke on Litt. fo 300. b. Parters of Gold and Silver See Finors Partes Finis nihil habuerunt c. Is an Exception taken against a Fine levied Cokes Rep. lib. 3. Case of Fines Particata terrae See Perticata terrae Partitione facienda Anno 31 Hen. 8. ca. 1. Is a Writ that lies for those who hold Lands or Tenements pro indiviso and would sever to every one his part against him or them that refuse to joyn in partition as Coparceners or Tenants in Gavelkind Old Nat. Br. fo 142. Fitz. Nat. Br. fo 61. and New Book of Entries verbo Partition Dorset Placita de Juratis Assis Anno 16 Edw. 1. Motingh EDwardus Kaynel Maria filia Roberti de Camma Johannes Bereset Matilda uxor ejus Johanna soror ejusdem Matildae petunt versus Johannem Alfrith de Warham unum Toftum cum pertin in Warham de quo Johannes Gerard consanguineus predictorum Edwardi Mariae Matildae Johannae cujus heredes ipsi sunt fuit scifitus in dominico suo ut de feodo dic quo obiit c. unde dicunt c. Et Johannes venit dicit quod tenementa in Warham sunt partibilia inter masculos femellas dicit quod praedictus Edwardus habet quasdam Gunnoram Matildam Christianam Albredam Eufemiam sorores participes ipsius Edwardi aliorum petentium quae tantum jus habent in re petita sicut c. quae non nominantur in brevi c. Edwardus alii non possunt hoc dedicere Ideo consideratum est quod praedictus Johannes eat inde sine die c. Partie-Jury Anno 14 Car. 2. ca. 11. See Medictas linguae Partlet Anno 24 Hen. 8. ca. 13. Was a kind of Band to wear about the necks both of Men and Women now out
Faders Eyer and I nil suffer that ony man you any wrongys beed And God you kepe Ex libro pervetusto penes Will. King Ar. Portioner Porconarius or Portionarius Pateat universis quod ego Iohannes Botelere Porconarius secundae portionis Ecclesia de Bromyord dedi dat 17 Ric. 2. Where a Parsonage is served by two or sometimes three Ministers alternately as Bromyard supra Burford in Shropshire c. The Ministers are called Portioners because they have but their Portion or Proportion of the Tythes or Profits of the Living Portmen Anno 13 Eliz. cap. 24. The Twelve Burgesses of Ipswich are so called Also the inhabitants of the Cinque Ports are so termed according to Camdens Britannia Portmote from the Sax Porte i. Portus gemot i. Conventus Is a Court kept in Haven-Towns or Ports as Swainmot in the Forest Manwood par 1. pag. 111. It is called the Portmoot Court Anno 43 Eliz. ca. 15. Curia Portmotorum est Curia in Civitate Cestriae coram Majore in aula Motorum tenenda Pl. in Itin. ibid. 14 Hen. 7. Portsale Anno 35 Hen. 8. cap. 7. Is the sale of Fish presently upon its arrival in the Port or Haven Possession Possessio quasi Pedis positio Is twofold actual and in Law The first is when a Man actually enters into Lands or Tenements to him descended the other when Lands or Tenements are descended to a Man and he hath not as yet actually entred into them Before or until an Office is found of Lands Escheated by Attainder 〈◊〉 King hath onely Possession in Law and not in Deed. Stamf. Praerog fol. 54. There is also an Unity of Possession which the Civilians call Consolidationem As if the Lord purchase the Tenancy held by Heriot service the Heriot is extinct by Unity of Possession because the Seigneury and Tenancy are now in one Mans possession Kitchin fol. 134. See other Divisions of Possession in Bracton lib. 2. cap. 17. Post See Per. Post Conquestum Was first inserted in the Kings Title by Edward the Third Anno 1328. Claus 2 Edw. 3. in Dorso m. 33. Post Diem Is a Fee by way of Penalty upon a Sheriff for his neglect in returning a Writ after the day assigned for its return for which the Custos Brevium hath four pence whereas he hath nothing if it be returned at the day sometimes taken for the Fee it self Post Disseisin Post Disseisina Is a Writ given by the Statute of Westm 2. cap. 26. and lies for him that having recovered Lands or Tenements by Praecipe quod reddat upon default or reddition is again disseised by the former Disseisor Fitz. Nat. Br. fol. 190. See the Writ that lies for this in the Reg. of Writs fol. 208. a. 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 accomplished The rate thereof is so much and half so much as was paid to the King for the Fine and is collected by the Sheriff of the County where the Land lies whereof the Fine was levied to be answered by him into the Exchequer Post Term Is a Fee or Penalty taken by the Custos Brevium of the Court of Common Pleas onely for the Filing any Writ by any Attorney after the Term or usual time in which such Writs are returnable for which the Custos Brevium takes the Fee of xx d. Postea Is a Return or Certificat of the proceedings by Nisi Prius into the Court of Common Pleas after a Verdict and there afterwards recorded See Plowden Casu Saunders fol. 211. a. See an example of it in Coâ—es Rep. Vol. 6. Rowlands Case fol. 41. See Custos Brevium Posteriority Posterioritas the Being or coming after or behinde Is a word of Comparison and Relation in Tenure the Correlative whereof is Priority For a Man holding Lands or Tenements of two Lords holds of his Ancienter Lord by Priority and of his later Lord by Posteriority Stamf. Praerog fol. 10. 11. When one Tenant holds of two Lords of the one by Priority of the other by Posteriority c. Old Nat. Br. fol. 94. See 2 Instit fol. 392. Postnati 7 Jac. It was by all the Judges solemnly adjudged that those who after the descent of the Crown of England to King James were born in Scotland were no Aliens in England As on the contrary the Antenati or those born in Scotland before the said descent were Aliens here in respect of the time of their Birth See Calvins Case 7 Report Pot Anno 13 Car. 2. cap. 6. A Head-piece for War Pot Ashes Anno 12 Car. 2. cap. 4. Are made of the best Wood-ashes and used in the making of Soap some are made in England but the best come from beyond Sea Pound Parcus Signifies generally any strong inclosure to keep in Beasts but especially a place of strength to keep Cattle that are distrained or put in for any Trespass done by them until they be replevied or redeemed and in this signification it is called a Pound Overt or open Pound being built upon the Lords Waste and is called the Lords Pound for he provides it for the use of himself and his Tenants See Kitchin fol. 144. It is divided into Pound Open and Pound Close Pound Open or Overt is not onely the Lords Pound but a Backside Court Yard Pasture-Ground or whatever else whither the owner of the Beasts Impounded may come to give them Meat and Drink without offence for their being there or his coming thither Pound Close is then the contrary viz. Such a one as the owner cannot come unto for the purpose aforesaid without offence as some Close-house Castle Fortress or such like place Pound-breach See Pund-brech Poundage Pondagium Is a Subsidy granted to the King of all manner of Merchandise of every Merchant Denizen and Stranger carried out of this Realm or brought into the same to the value of Twelve pence in every Pound This was granted to Henry the Sixth for term of his life and to King Charles the Second Anno 12 Car. 2. cap. 4. Pourallée See Purluc Pour fair proclamée que nul inject Fines ou ordures en fosses ou Rivers pres Cities c. Is a Writ directed to the Mayor Sheriff or Bailiss 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 12 Rich. 2. cap. 13. Fitz. Nat. Br. fol. 176. Pourpartie Propars Propartis vel Propartia Is contrary to Pro indiviso for to make Pourpartie is to divide and sever the Lands that fall to Parceners which before Partition they hold joyntly and Pro indiviso Old Nat. Br. fol. 11. Pourpresture Pourprestura from the Fr. Pourpris a Close or Enclosure Is thus defined by Glanvile lib. 9. cap. 11. Pourprestura est proprie
5 Hen. 4. ca. 14. is termed a cheif Clerk of that Court He of the Kings Bench Records all Actions Civil as the Clerk of the Crown Office does all Criminal Causes in that Court Those of the Common Pleas since the Order of 14. Jac. upon an Agreement made betwixt the Prothonotaries and Filacers of that Court who before did enter all Declarations and Pleas whereunto a Serjeants hand was not required do enter and enrol all manner of Declarations Pleadings Assises Judgments and Actions They make out all Judicial Writs except Writs of Habeas Corpus and Distringas Jurator for which there is a particular Office not much beyond the memory of Man erected called The Habeas Corpora Office They also make out Writs of Execution and of Seisin Writs of Priviledge for removing Causes from other Inferior Courts of Record in case where the party hath cause of Priviledge Writs of Procedendo of Scire Facias in all Cases and Writs to enquire of Damages and all Process upon Prohibitions and upon Writs of Audita Quaerela and False Judgment Cum multis aliis They enter and enrol all common Recoveries and may make Exemplifications of any Record in the same Term before their Rolls are made up and brought into the Treasury of Records in that Court Pro partibus Liberandis Is a Writ for the Partition of Lands between Co-heirs Reg. of Writs fol. 316. Property Proprietas Is the highest right that a Man hath or can have to any thing and no ways depending upon another Mans curtesie Which none in our Kingdom can properly be said to have in any Lands or Tenements but onely the King in right of his Crown Because all the Lands throughout the Realm are in the nature of Fee and hold either mediately or immediately of the Crown This word nevertheless is used for that right in Lands and Tenements that common persons have because it imports as much as arile Dominium though not Directum See Fee Prophecies Prophetiae Are in our Statutes taken for wizzardly fore-tellings of Matters to come in certain hidden and enigmatical Speeches whereby great commotions have been often caused in this Kingdom and great attempts made by those to whom such Speeches promised good success though the words are mystically framed and point onely at the Cognizance Arms or some other quality of the parties Anno 3 Edw. 6. ca. 15. And 7 Ejusdem ca. 11. And 5 Eliz. ca. 15. But these for distinction sake are called Fond False or Phantastical Prophecies 3 Inst fol. 128. Propounders The 85 Cha. of Cokes 3 Institutes is entituled Against Monopolists Propounders and Projectors where it seems to be used onely as a Synonima to Monopolists Proprietary Proprietarius Is he that hath a property in any thing Quae nullius arbitrio est obnoxia But it was heretofore most commonly used for him that hath the Fruits of a Benefice to himself and his Heirs or Successors as in time past Abbots and Priors had to them and their Successors See Appropiation Proprietate Provanda Is a Writ that lies for him who would prove a property before the Sheriff Reg. of Writs fol. 83. 85. For where a Property is alleaged a Replegiare properly lies not Brook Property 1. Pro rata i. Pro proportione Anno 16 Car. 2. ca. 6. Pro rata portionis See Oneranda pro rata portionis Prorogue Prorogo To prolong defer or put off to another day to continue Anno 6 Hen. 8. cap. 8. The difference between a Prorogation and an Adjournment or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed in either House or by both Houses and had no Royal assent to them must at the next Assembly begin again For every several Session of Parliament is in Law a several Parliament but if it be but adjourned or continued then is there no Session and consequently all things continue in the same state they were in before the Adjournment 4 Inst fol. 27. Prosecutor Is he that followeth a Cause in an others name See Promooters Protection Protectio Is generally taken for that benefit and safety which every subject denizen or alien specially secured hath by the Kings Laws Anno 25 Edw. 3. cap. 22. And it is used specially for an Exemption or Immunity given by the King to a person against Sutes in Law or other vexations upon reasonable causes him thereto moving which is a Branch of His Prerogative And of this Protection Fitzherbert Nat. Br. fol. 28. makes two sorts The first he calls a Protection cum clasula Volumus Whereof he mentions four particulars 1. A Protection Quia profecturus for him that is to pass over Sea in the Kings service 2. Quia moraturus for him that is abroad in the Kings service upon the Sea or in the Marches Anno 7 Hen. 7. cap. 2. 3. For the Kings Debtor that he be not sued nor attached till the King be paid his debt Anno 15 Edw. 3. And 4. in the Kings service beyond Sea or on the Marches of Scotland Anno 1 Rich. 2. cap. 8. Reg. of Writs fol. 23. And Britton cap. 123. The second form of Protection is Cum clausula Nolumus which is granted most commonly to a Spiritual Company for their Immnnity from having their Cattle taken by the Kings Ministers But it may also be granted to a single person Spiritual or Temporal Protection extends not to Pleas of Dower Quare Impedit Assise of Novel Disseisin Darrein Presentment Attaints nor Pleas before Justices in Eyre See New Book of Entries on this word Proto-Forestarius Was he whom our ancient Kings made cheif of Windsor Forest to hear all causes of death or mayhem there Cam. Brit. pag. 213. A kinde of a Lord Cheif Justice in Eyre Protest Protestari Hath two divers Applications one is by way of cautel to call witness as it were or openly to affirm That he doth either not at all or but conditionally yeeld his consent to any act or unto the proceeding of a Judge in a Court wherein his Jurisdiction is doubtful or to answer upon his Oath further then he is by Law bound Reg. of Writs fol. 306. b The other is by way of complaint to Protest a Mans Bill As if I pay money to a Merchant in France taking his Bill of Exchange to be repaid in England by his Factor or Assignee if at my coming I finde not my self satisfied but either delaid or denied then I go into the Exchange and Protest that I am not paid or satisfied by him And thereupon if he hath any Goods within the Realm the Law of Merchants allows me satisfaction out of them Protestation Protestatio Is as Iustice Walsh defines it a defence of safeguard to the party that makes it from being concluded by the Act he is about to do that Issue cannot be joyned upon it Plowden fol. 276. b. It is a Form of pleading when one does not directly affirm nor
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. â—r fo 71. B. C. Where and in what Cases this Writ lies read Brook tit Recordare Pone It seems to be called a Recordare because it commands the Sheriff to whom it is directed to make a Record of the proceedings by himself and others and then to send up the Cause See the Register verbo Recordare in the Table of Original Writs Recorder Recordator Is he whom the Major or other Magistrate of any City or Town Corporate having Jurisdiction or a Court of Record within their Precincts by the Kings Grant does associate unto him for his better direction in matters of Justice and proceedings according to Law And he is for the most part a person well seen in the Common Law Recordo Processu Mittendis Is a Writ to call a Record together with the whole Proceedings in the Cause out of an Inferior Court into the Kings Court See the Table of the Register of Writs Recordo utlagariae mittendo Is a Writ Judicial which see in Reg. Judic fol. 32. Recovery Recuperatio from the Fr. Recouvrer i. Recuperare Signifies an obtaining any thing by Judgment or Tryal of Law as Evictio does among the Civilians But there is a true Recovery and a feigned The true one is an actual or real Recovery of any thing or the value thereof by Verdict and Judgment A feigned Recovery is a certain form or course set down by Law to be observed for the better assuring Lands or Tenements unto us the end and effect whereof is to discontinue and destroy Estates in Remainder and Reversion and to Baâ—â—the Intails thereof And to this Formality there are in a Recovery with single Voucher required three parties the Demandant the Tenant and the Vouchee The Demandant is he that brings the Writ of Entry and may be termed the Recoverer The Tenant is he against whom the Writ is brought and may be called the Recoveree The Vouchee is he whom the Tenant Voucheth or calls to Warranty for the Land is demand A Recovery with double Voucher is where the Tenant voucheth one who Voucheth another or the Common Vouchee and a Recovery with treble Vouchers is where three are Vouched See West par 2. Symb. tit Recoveries sect 1. But to explain this Point A Man that is desirous to cut off an Estate-tail in Lands or Tenements to the end to sell give or bequeath them causeth by the contrivance of his Councel or Atturney a feigned Writ of Entry Sur Disseisin in le Post to be brought for the Lands of which he intends to dock or cut off the Intail and in a feigned Count or Declaration thereupon made pretends he was disseised by him who by a feigned Fine or Deed of Bargain and Sale is named and supposed to be Tenant of the Lands This feigned Tenant if it be a single Recovery is made to appear and vouch the Bag-bearer of Writs for the Custos Brevium in the Court of Common Pleas in which Court onely the said Common Recoveries are to be suffered who makes default whereupon a Judgment is by such Fiction of Law entred That the Demandant shall recover and have a Writ of Seisin for the possession of the Lands demanded and that the Tenant shall recover the value of the Lands against the Lands of the Vouchee-Bagbearer a poor unlanded and illiterate person which is feigned to be a satisfaction for the Heir in Tail though he is never to have or expect it one Edward Howes a Bag-bearer and Common Vouchee having in the space of 25 or 30 years passed or suffered to be recovered against him by such fictitious Actions and Pleadings a considerable part of the Lands of England and obliged his own Lands when he had none at all to answer the value of the Lands recovered against the Tenants or Remainders in Tail This feigned Recovery is also called a Common Recovery because it is a beaten and Common Path to that end for which it is ordained viz. To cut off the Estates above specified See New Book of Entries verbo Recovery Recoupe from the Fr. Recouper i. To out again also to reply quickly and sharply to â—a peremptory Demand We use it to Defaulk or Discount As if a Man hath Ten pound issuing out of certain Land and he disseises the Tenant of the Land in an Assise brought by the Disseisce the Disseisor shall Recoupe the Rent in the Damages Recreant Fr. Cowardly faint-hearted Hence Recroantise See Cravent Recto Is a Writ called a Writ of Right which is of so high a nature that whereas other Writs in Real Actions are onely to recover the possession of the Lands or Tenements in question which have been lost by an Ancestor or by the Party Demandant himself this aims to recover both the Seisin which some Ancestor or the Demandant himself had and also the property of the thing whereof the Ancestor died not seised as of Fee and whereby are pleaded and tryed both their Rights together viz. That of Possession and Property And if a Man once lose his cause upon this Writ either by Judgment Assise or Battel he is without remedy and shall be excluded Per exceptionem rei judicatae Bracton lib. 5. tract 1. cap. 1. seq where you may read much on this subject See Right It hath two species Rectum Patens a Writ of Right Patent and Rectum Clausum a Writ of Right Close The first is so called because it is sent open and is in nature the highest Writ of all other lying always for him that hath Fee-simple in the Lands sued for and not for any other And when it lies for him that challenges Fee-simple and in what Cases See Fitz. Nat. Br. fol. 1. C. whom see also fol. 6. or a special Writ of Right in London otherwise called a Writ of Right according to the Custom of London This Writ is also called Breve magnum de Recto Reg. of Writs fol. 9. and Fleta lib. 5. cap. 32. sect 1. A Writ of Right close Is a Writ directed to a Lord of ancient Demesn and lies for those who hold their Lands and Tenements by Charter in Fee-simple or in Fee-tayl or for term of lite or in Dower if they are ejected out of such Lands or disseised In this case a man or his heâ— may sue out this Writ of right close directed to the Lord of ancient Demesn commanding him to do him right in his Court This is also called Breve parvum de Recto Reg. of Writs fo 9. and Britton ca. 120. in fine See also Fitz. Nat. Br. fo 11. seq Yet note that the Writ of right
patent seems to be extended farther in use then the original intention For a Writ of right of Dower which lies for the Tenant in Dower is patent as appears by Fitzherb Natura Brevium fo 7. E. The like may be said in divers other cases of which see also the Table of Reg. of Writs verbo Recto This Writ is properly tryed in the Lords Court between Kinsmen who claim by one title from their Ancestor But how it may be thence removed and brought either to the County or Kings Court see Fleta lib. 6. ca. 3 4 5. Glanvile seems to make every Writ whereby a Man sues for any thing due unto him a Writ of Right lib. 10. ca. 1. lib. 11. ca. 1. lib. 12. ca. 1. Recto de dote Is a Writ of Right of Dower which lies for a Woman that has received part of her Dower and proceeds to demand the Remnant in the same Town against the Heir Of this see more in Old Nat. Br. fo 5. and Fitz. fo 7. E. Reg. of Writs fo 3. and New Book of Entries verbo Droyt Recto de dote unde nihil habet Is a Writ of right which lies in case where the Husband having divers Lands or Tenements has assured no Dower to his Wife and she thereby is driven to sue for her Thirds against the Heir or his Guardian Old Nat. Br. fo 6. Reg. of Writs fo 170. Recto de rationabili parte Is a Writ that lies alwayes between privies of Blood as Brothers in Gavelkind or Sisters or other Coparceners as Nephews or Neeces and for Land in Fee-simple For example if a Man Lease his Land for Life and afterwards dies leaving issue two Daughters and after the Tenant for life likewise dies the one Sister entring upon all the Land and so deforcing the other the Sister so deforced shall have this Writ to recover her part Fitz. Nat. Br. fo 9. Reg. of Writs fo 3. Recto quando Dominus remisit Is a Writ of right which lies in case where Lands or Tenements that are in the Seigneury of any Lord are in demand by a Writ of right For if the Lord hold no Court or otherwise at the Prayer of the Demandant or Tenant shall send to the Court of the King his Writ to put the Cause thither for that time saving to him at other times the right of his Seigneury then this Writ issues out for the other party and has its name from the words therein comprised being the true occasion thereof This Writ is close and must be returned before the Justices of the Common-Bank Old Nat. Br. fo 16. Reg. of Writs fo 4. Recto de advocatione Ecclesiae Is a Writ of right lying where a man has right of Advowsen and the Parson of the Church dying a stranger presents his Clerk to the Church and he not having brought his Action of Quare impedit nor darrein presentment within six Moneths but suffer'd the Stranger to usurp upon him Which Writ he onely may have that claims the Advowsen to himself and his heirs in Fee And as it lies for the whole Advowsen so it lies also for the half the third or fourth part Old Nat. Br. fo 24. Reg. of Writs fo 29. Recto de custodia terrae haeredis Is a Writ which by the Stat. 12 Car. 2. ca. 24. is become useless as to Lands holden in Capite or by Knight-service but not where there is Guardian in Socage or appointed by the last will and Testament of the Auncestor The form of it see in Fitz. Nat. Br. fo 139. Reg. of Writs fo 161. Recto sur disclaimer Is a Writ that lies where the Lord in the Court of Common-Pleas does avow upon his Tenant and the Tenant Disclaims to hold of him upon which Disclaimer he shall have this Writ and if the Lord aver and prove that the Land is holden of him he shall recover the Land for ever Old Nat. Br. fo 150. which is grounded on the Statute of Westm 2. ca. 2. Rector Lat. Signifies a Governor And Rector Ecclesiâ— parochialis Is he that has the Charge or Cure of a Parish-Church qui tantum jus in Ecclesia parochiali habet quantum Praelatus in Ecclesia Collegiata It has been over-ruled that Rector Ecclesiae parochialis is he that has a Parsonage where there is a Vicaridge endow'd and he that has a Parsonage without a Vicaridge is called Persona But the distinction seems to be new and subtile It is certain Bracton uses it otherwise lib. 4. Tract 5. ca. 1. in these words Et sciendum quod Rectoribus Ecclesiarum parochialium competit Assisa qui instituti sunt per Episcopos Ordinarios ut Personae Where it is plain that Rector and Persona are confounded Note also these words there following Item dici possunt Rectores Canonici de Ecclesiis praebendatis Item dici possunt Rectores vel quasi Abbates Priores alii qui habent Ecclesias ad proprios usus See Vicar Rectory Rectoria Is taken pro integra Ecclesia parochiali cum omnibus suis juribus praedi is decimis aliisque proventuum speciebus Spelm. Rectus in Curia i. Right in Court Is he that stands at the Bar and no man objects any offence against him Smith de Repub. Angl. lib. 2. ca. 3. Reddendum Is used substantively for the clause in a Lease c. whereby the Rent is reserved to the Lessor Coke lib. 2. Cromwels case fo 72. b. Reddition Redditio Is a judicial confession and acknowledgment that the Land or thing in demand belongs to the Demandant or at least not to himself Anno 34 35 Hen. 8. ca. 24. Perkins Dower 379. 380. Redemptions Redemptiones Mulctae gravissimae utpote quae pro aestimatione capitis ipsius delinquentis impinguntur Anglice Ransomes See Misericordia Redisseisin Redisseisina Is a Disseisin made by him who once before was found and adjudged to have disseised the same Man of his Lands or Tenements for which there lies a special Writ called a Writ of Redisseisin Old Nat. Br. fo 106. Fitz. Nat. Br. fo 188. See New book of Entries on this word The punishment for Redisseisin see in the Stat. 52 Hen. 3. ca. 8. Redmans or Radmans Domesday in fine Cestrescire Tit. Lanc. Blacburn Hundret Rex E. tenuit Peneverdant Ibi 11 Car. sunt in Dominio 6 Burgenses 3 Radmans 8 Vil. 4 Bovar These Redmans may be the same in signification as the Rod or Rad Knights Men which by the Tenure or Custom of their Lands were to ride with or for the Lord of the Mannor about his business or affairs Redubbors or Adubbors Are those that buy stoln Cloth and to the end it may not be known turn it into some other Colour or Fashion Briton ca. 29. and see 3 Inst fo 134. Re-entry From the Fr. Rentrer i. Rursus intrare Signifies the resuming or re-taking that possession which we had lately foregone As if I make a Lease of Land or
Michaelmas He makes another Record whether Sheriffs and other Accountants keep their dayes of Prefixion All Estreats of Fines Issues and Americiaments set in any Courts of Westminster or at the Assises or Sessions are certify d into his Office and are by him deliver'd to the Clerk of the Estreats to make out Process upon them There are also brought into his Office all the Accompts of Customers Controllers and other Accountants to make entry thereof on Record See Repertory of Records fo 121. The Remembrancer of the First-fruits takes all Compositions and Bonds for First-fruits and Tenths and makes Process against all such as pay not the same Remitter from the Lat. Remittere to restore or send back Where a man has two titles to Land and is seised of the later and that proving defective he is restored to the former more ancient title This is a Remitter Fitz. Nat. Br. fo 149. F. Dyer fo 68. num 22. and see Brook tit Remitter If Land descend to him that has right to it before he shall be remitted to his better Title if he will Doctor and Student ca. 9. fo 19. b. See Terms of the Law on this word Coke on Litt. li. 3. c. 12. Render from the Fr. Rendre i. Reddere Retribuere and so it signifies with us A Fine with render is where Lands are render'd back by the Cognizee to the Cognizor Also there are certain things in a Mannor that lie in Prender that is which may be taken by the Lord or his Officers when they chance without the Tenants leave as Escheats c. and certain that lie in Render that is must be rendred or answer'd by the Tenant as Rents Reliefs Heriots and other Services West Par. 2. Symb. Sect. 126. C. Also some Service consists in seisance some in Render Perkins Reservations 696. Renegeld Per Renegeld Johannes Stanley Ar. clamat habere de qualibet bovata terrae infra feodum de Aldford 1 d exceptis Dominicis terris terris in feodo praedicto infra Hundred de Macclefeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Renovant from renovo to renew or make again The Parson sued one for Tithes to be paid of things renovant but this Horse being onely for labor and travel would not renew c. Croke 2 Part fo 430. Rent Reditus Is a summ of Mony or other consideration issuing yearly out of Lands or Tenements Plowden Casu Browning fo 132. b. 138. a. 141. b. Of which there are three sorts Rent-service Rent-charge and Rent-seck Rent-service is where a man holds his land by fealty and certain rent or by Fealty Service and Rent Litt. lib. 2. ca. 12. fo 44. or that which a man making a Lease to another for years reserves yearly to be paid him for the same Rent-charge is where a man chargeth his Land or Tenements by Deed indented either in Fee ' Fee-tail or for term of life with a summ of Money to be paid to the Grantee yearly with clause of distress for not payment thereof Litt. ubi supra Rent-seck otherwise Dry-rent is that which a man making over an Estate of Lands or Tenements by Deed indented reserves yearly to be paid him without Clause of Distress mentioned in the Indenture See more on this subject in the Terms of the Law and the difference between a Rent and an Annuity in Doctor and Student ca. 30. Dial 1. Rents resolute Redditus resoluti Are reckon'd among the Fee-farm Rents to be sold by the Stat. 22 Car. 2. ca. 6. and are such Rents or Tenths as were anciently payable to the Crown from the Lands of Abbies and Religious-Houses and after the dissolution these Abby-lands being demised to others the said Rents were still reserved and made payable again to the Crown Renusiator Et sunt communes latrones Renusiatores hominum c. Trin. 28 Ed. 3. Ebor. 37. q. Reparatione facienda Is a Writ that lies in divers cases whereof one is where there are three Tenants in Common Join-tenants or pro indiviso of a Mill or House which is faln into decay and the one is willing to repair it the other two not In this case the party willing shall have this Writ against the other two Fitz. Nat. Br. fo 127. where you may see the form and many uses of it as also in Reg. of Writs fo 153. b. Repeal From the Fr. rappel i. revocatio Signifies the same with us as the Repeal of a Statute is the revoking or disanulling it Brook uses Repellance in the same sence Re-pleader Replacitare Is to plead again that which was once pleaded before See Brook and New Book of Entries verbo Repleader Replegiare de averiis Is a Writ brought by one whose Cattel are distrained or put in pound upon any cause by another upon surety given to the Sheriff to pursue or answer the Action at Law Anno 7 Hen. 8. ca. 4 Fitz. Nat. Br. fo 68. See Reg. of Writs for divers sorts of this Writ New Book of Entries verâ—o Replevin and Dyer fo 173. num 14. Replevie Plevina Is derived of replegiare to re-deliver to the owner upon pledges or suerty and signifies the bringing the Writ called Replegiari facias by him that has his Cattel or other goods distrained by another for any cause and putting in Surety to the Sheriff that upon delivery of the thing distreined he will pursue the Action against him that distreined Coke on Litt. lib. 2. ca. 12. Sect. 219. Goods may be replevied two manner of wayes viz. by Writ and that is by the Common-Law or by Plaint and that is by Statute-Law for the more speedy having again of their Cattel and Goods Replevie is used also for the bailing a man Pl. Cor. fo 72 74. and Westm 1. ca. 11. and 15. Replevish Replegiare Is to let one to Main-prise upon surety Anno 3 Ed. 1. ca. 11. Replication Replicatio Is an exception of the second degree made by the Plaintiff upon the first Answer of the Defendant West par 2. Symb. tit Chancery Sect. 55. and Westm 2. ca. 36. It is that which the Plaintiff replies to the Defendants Answer in Chancery and this is either General or Special Special is grounded upon matter arising out of the Defendants answer c. General so called from the general words therein used Report From the Lat. Reportare Is a publick relation or a bringing again to memory Cases judicially argued debated resolved or adjudged in any of the Kings Courts of Justice with such causes and reasons as were delivered by the Judges of the same Coke on Litt. fo 293. Also when the Chancery or other Court refers the stating some case or computing an account c. to a Master of Chancery or other Referree his Certificate therein is called a Report Reposition of the Forest i. A re-putting to Was an Act whereby certain Forest-grounds being made Purlieu upon view were by a second view laid or put to the Forest again Manwood
undergo viz. the Combat or the Country See Atturney Responsions Responsiones Seems to be a word used particularly by the Knights of St. John of Hierusalem for certain accounts made to them by such as held their Lands or Stocks Anno 32 Hen. 8. ca. 24. Restitution Restitutio Is a yielding up or Restoring any thing unlawfully taken from another It is also used for the setting him in possession of Lands or Tenements who had been unlawfully disseised of them which when to be done and when not see Cromp. Just of P. fo 144. usque 149. Restitutione extracti ab Ecclesia Is a writ to restore a Man to the Church which he had recover'd for his Sanctuary being suspected of Felony Reg. of Writs fo 69. a. Restitutione temporalium Is a Writ that lies where a man being elected and confirmed Bishop of any Diocess and has the Kings Royal assent thereto for the recovery of the Temporalties or Barony of the said Bishoprick Which is directed from the King to the Eschaator of the County the form whereof you have in Reg. of Writs fo 294. and in Fitz. Nat. Br. fo 269. Resummons Resummonitio Signifies a second Summons or calling a man to answer an Action where the first Summons is defeated or suspended by any occasion as the death of the party or such like See Brook tit Resummons fo 214. See of these four sorts according to four divers cases in the Table of Reg. of Writs judicial fo 1. and New Book of Entries verb. Reattachment Resummons Resumption Resumptio Is particularly used for the taking again into the Kings hands such Lands or Tenements as before upon false suggestion or other Error he had granted by Letters-Patent to any Man Brook tit Repellance Resumption fo 298. And so it is used Anno 31 Hen. 6. ca. 7. 19 Hen. 7. ca. 10 See Reseiser Retail Anno 3 4 Iid. 6. ca. 21. Qui rem integram ementes per minutiores eam partes distrahâ—bant Anglice to buy by great and sell by Retail i. by parcels Reteiner from Retineo Signifies a Servant not menial nor familiar that is not continually dwelling in the house of his Lord or Master but onely wearing his Livery and attending sometimes upon special occasions This Livery was wont to consist of Hats or Hoods Badges and other suites of one Garment by the year and were given by Lords and great Men many times on purpose for maintenance and quarrels and therefore have been justly prohibited by many Statutes as by 1 R. 2. ca. 7. upon pain of Imprisonment and grievous forfeiture to the King And again Anno 16 ejusdem ca. 4. 20 ejusdem ca. 1 2. and 1 Hen. 4. ca. 7. By which the Offenders herein should make Ransom at the Kings will and any Knight or Esquire hereby duely attainted should lose his said Livery and forfeit his Fee for ever c. which Statute is further confirmed and explained Anno 2 Hen. 4. ca. 21. and Anno 7 ejusdem ca. 3. Anno 8 Hen. 6. ca. 4. And yet this offence was so deeply rooted that Edward the Fourth was forc'd to confirm the former Statutes and further to extend the meaning of them as appears by 8 Edw. 4. ca. 2. adding a special pain of five pounds on every man that gives such Livery and as much on every one so reteined either by Writing Oath or Promise for every Moneth These by the Feudists are called Affidati And as our Reteiners are here forbidden so are those Affidats in other Countries But most of the above mentioned Statutes are repealed by 3 Car. 1. ca. 4. Retenementum from Retineo A withholding reteining or keeping back Sine ullo retenemento was a frequent expression in old Deeds Retraxit Is so called because it is the emphatical word in the Entry and is where the Plaintiff or Demandant comes in person alone or with the Defendant into Court and sayes He will proceed no further which is peremptory and a perpetual Barr and may be pleaded as such to the Plaintiff in the same Action for ever Qui semel Actionem renunciavit amplius repetere non potest Coke on Litt. lib. 2. ca. 11. S. 208. where you shall find the difference betwixt Nonsute and Retraxit Return Returna vel retorna From the Fr. retour i. Reditio reversio has two particular applications namely the return of Writs by Sheriffs and other Officers which is a Certificate made to the Court from whence the Writ issued of that which they have done touching the execution of the same Writs Of returns in this signification speaks the Statute of Westm 2. ca. 39. So is the Return of a Commission a Certificate or answer to the Court of that which is done by the Commissioners Sheriff Bailiff or others unto whom such Writs Commissions Praecepts or Mandats are directed Also certain days in every Term are called Returns or Dayes in Bank As Hillary Term has four Returns viz. Octabis Hilarii Quindena Hilarii Crastino Purificationis Octabis Purificationis Easter Term five viz. Quindena Pasche Tres Pasche Mense Pasche Quinque Pasche and Crastino Assensionis Domini Trinity Term four viz. Crastino Trinitatis Octabis Trinitatis Quindena Trinitatis Tres Trinitatis And Michaelmas Term six Returns viz. Tres Michaelis Mense Michaelis Crastino animarum Crastino Martini Octabis Martini Quindena Martini See the Statutes of Dayes in Bank Anno 51 Hen. 3. 32 Hen. 8. ca. 21. and 17 Car. 1. ca. 6. The other Application of this word is in case of Replevin for if a man distrain Cattel for Rent c. and afterwards so justifie or avow his act that it is found lawful the Cattel before deliver'd to him that was distrained upon security given to follow the Action shall now be returned to him that distrained them Brook tit Return d'avers hommes fo 218. Returno habendo Is a Writ that lies for him who has avow'd a Distress made of Cattel and proved his Distress to be lawfully taken for the return of the Cattel distreined unto him which before were repl 〈…〉 by the party distreined upon surety given to pursue the Action or when the Plaint or Action is removed by Recordari or Accedas ad Curiam into the Court of Common Pleas and he whose Cattel were distrained makes default and doth not declare or prosecute his Action Returnum Averiorum Is a Writ Judicial and the same with Retorno Habendo granted to one impleaded for taking the Cattel of another and unjust detaining them Contra vadium Plegios and appearing upon Summons is dismissed without day by reason the Plaintiff makes default and doth not declare ut supra and it lies for the return of the Cattle to the Defendant whereby he was summoned or which were taken for security of his appearance upon the Summons Regist of Writs Judic fol. 4. a. Returnum Irreplegiabile Is a Writ Judicial sent out of the Common Pleas to the Sheriff for the final restitution or
purpose yet we stand Who so doth us any wrang In what place it fall Yet he must al 's wée le Al 's have I hap and héele Doe againe us all Sed perdonantur 28 ex eis Record continet quatuor Rotulos Ringhead Anno 43 Eliz. cap. 10. An Engin used in stretching Woollen Cloth Riot Fr. Riotte quod non solum rixam jurgium significat sed vinculum etiam quo plura in unum fasciculorum instar colligantur Signifies the forcible doing an unlawful act by three or more persons assembled together for that purpose West par 2. Symb. tit Indictments sect 65. The differences and agreements between a Riot Rout and Unlawful Assembly See in Lamb. Eiren. lib. 2. cap. 5. Stat. 1 Mar. cap. 12. and Kitchin fol. 19. who gives these Examples of Riots The breach of Enclosures Banks Conduits Parks Pounds Houses Barns the burning of Stacks of Corn c. Lamb. ubi supra mentions these To beat a Man to enter upon a Possession forcibly See Rout and Unlawful Assembly see also in Cromp. Justice of Peace divers Cases of Riots Anno 17 Rich. 2. cap. 8. and 13 Hen. 4. cap. 7. See Rout. Ripariae from Ripa a Bank in the Statute of Westm 2. cap. 47. Signifies the Water or River running between the Banks be it Salt or Fresh 2 Inst fol. 478. The word occurs also in Rot. Cart. 9 Edw. 2. num 12. Ripiers Riparii a Fiscella qua in devehendis piscibus utuntur Anglice a Ripp Are those that use to bring Fish from the Sea Coast to the inner parts of the Land Cam. Brit. pag. 234. Roather Beasts Anno 7 Edw. 6. cap. 11. See Rother-Beasts Robbery Robaria from the Fr. Robbe i. Vestis Is a Felonious taking away another Mans Goods from his Person Presence or Estate against his will putting him in fear and of purpose to steal the same West par 2. Symbol tit Indictments sect 60. This is sometimes called Violent Theft which is Felony of two pence Kitchin fol. 16. 22. See Cromptons Justice of Peace fol. 30. b. Robbers Robatores Were so called originally because they onely took away the Robes or Cloaths from Travellers Latrones validi qui in personas hominum insilientes bona sua diripiunt Robersmen or Roberdsmen Anno 5 Edw. 3. cap. 14. and 7 Rich. 2. cap. 5. Lambert interprets them to be Mighty Thieves Eiren. lib. 2. cap. 6. Sir Edward 〈…〉 ke in his Third Instit fol. 197. says Robin-Hood lived in Richard the First 's time in the Borders of England and Scotland by Robbery burning Houses Rape and Spoil c. And that these Roberdsmen took name from him Kod Roda terrae Is otherwise called a Pearch and is a measure of sixteen foot and a half long and in Staffordshire twenty foot to measure Land with See Pearch Rod Knights alias Rad Knights from the Sax. rad angl Road i. Equitatus tnyt i. puer minister famulus quasi pueri vel ministri equitantes Were certain Servitors who held their Land by serving their Lords on Horsback Debent equitare cum Domino suo de Manerio in Manerium vel cum Domini Uxore Bracton lib. 2. cap. 35. num 6. Not much unlike our Retainers Rose-tyle alias Creast-tyle Is that Tyle which is made to lay upon the Ridge of the House Anno 17 Edw. 4. cap. 4. Rogue Rogus from the Fr. Rogue Arrogans Signifies an idle sturdy Beggar who wandring from place to place without Pasport after he hath been by Justices bestowed or offered to be bestowed on some certain place of aboad is worthily so called who for the first offence is called A Rogue of the first degree and punished by whipping and boring through the Grissel of the Right Ear with a hot Iron an inch in compass and for the second offence is called A Rogue in the second degree and put to death as a Felon if he be above eighteen years old See the Stat. 14 Eliz. cap. 5. and 18 Ejusdem cap. 3. and Anno 36 cap. 17. See Lamb. Eiren. lib. 4. cap. 4. Rogus Lat. A great Fire also a Pile of Wood. Mandatum est constabulario castri de Divis. Et custodi Forestae de Cippeham quod fieri fac unum Rogum in Foresta praedicta ad operationes Castri praedicti prout melius viderit expedire c. T. x Maii. Claus 54 Hen. 3. m. 8. Rogus cum comburitur pira est congeries lignorum ad comburendum Vocab utriusque Juris Roll Rotulus Signifies a Schedule of Paper or Parchment which may be turned or wound up with the hand to the fashion of a Pipe Of which there are in the Exchequer several kindes as the Great Wardrobe Roll the Cofferers Roll the Subsidy Roll c. Of which see the Practice of the Exchequer Court fol. 75. Rider-Roll Noys Reports fol. 84. The Court Ex Officio may Award a Certiorari ad informandam conscientiam and that which is certified shall be annexed to the Record and is called a Rider Roll. Or a Rider Roll is a Schedule or small piece of Parchment not seldom sewed or added to some part of a Roll or Record Rolls or Office of the Rolls in Chancery-lane anciently called Domus Conversorum Was an House built or appointed by King Henry the Third for such Jews as were converted to the Christian Faith But King Edward the Third in the One and fiftieth year of His Raign expulsed them for their wickedness and deputed the place for the Custody of the Rolls and Records of the Chancery the Master whereof is the second person in Chancery and in the absence of the Lord Chancellor or Lord Keeper sits as Judge being commonly called The Master of the Rolls Romefeoh Romepeny Sax. romfeoh i Nummus Romae datus nam feoh est nummus pecunia stipendium rompening Romae Denarius Pening enim hodie A peny est Denarius Vide Romescot Romescot Romefeoh vel Romefee Rome-peny alias Denarius Sancti Petri Hearthpony Is compounded of Rome and Scot from the Sax. sceat i. Census pecunia quasi nummus Romae dicatus It was an annual tribute of one peny from every family or houshold paid yearly to Rome at the Feast of St. Peter ad Vincula 1 Aug. It was given by Inas King of the West-Saxons Anno 725. as an Alms being in Pilgrimage at Rome and was prohibited in the days of Edward the Third It amounted to Three hundred Marks and a Noble yearly Romfeoh in Festo Sancti Petri ad Vincula debet reddi Qui supra tenebit reddat Episcopo Denarium illum 30 Denarios addat Regi 50 solidos LL. Hen. 1 cap. 12. See Peter-pence Rood of Land Rodata Terr◠Is the fourth part of an Acre Anno 5 Eliz. cap. 5. Rother-Beasts Sax. Hryther Under this Name are comprehended Oxen Cows Steers Heyfers and such like Horned-Beasts Anno 21 Jac. cap. 28. And in Herefordshire the Dung of such Beasts is still called Rothersoyl Rotulus Wintoniae Domesday
Mareschal dicit quod ipse est communis Serviens Narrator Coram Justic alibi ubi melius ad hoc conduci poterit quod ipse in Placito praefatae Assisae coram praefatis Justiciariis stetit cum praedicto Johanne de concilio suo fuit c. Trin. 25 Edw. 1. Coram Rege Oxon 22. Md. quod Termino Trin. Anno 26 Hen. 8. Tho. Willoughby Johannes Baldwin Serjeants de Roy fueront faits Chivaliers que nul tiels Serjeants devant fuer unques fait Chivaliers Ex MS. Vocat Spelmans Reports The next is a Serjeant at Arms or of the Mace Serviens ad Arma whose Office is to attend the person of the King Anno 7 Hen. 7. cap. 3. to arrest Traitors or Persons of Condition and to attend the Lord High Steward of England sitting in Judgment upon any Traitor and such like Pl. Cor. lib. 3. cap. 1. Of these by the Statute 13 Rich. 2. cap. 6. there may not be above thirty in the Realm Two of them by the Kings allowance do attend on the Two Houses of Parliament whose office in the House of Commons is the keeping of the doors and as of late it hath been used the execution of such commands especially touching the apprehension of any offender as that House shall enjoyn him Crompt Jur. fol. 9. Another of them attends on the Lord Chancellor or Lord Keeper in the Chancery And one on the Lord Treasurer of England One upon the Lord Major of London upon extraordinary solemnities one attendeth upon the Lord President of Wales and another upon the Lord President of the North. Another sort of Serjeants are cheif Officers who execute several Functions or Offices within the Kings Houshold of which you may read many in the Statute of 33 Hen. 8. cap. 12. There is also a more inferior kinde of Serjeants of the Mace whereof there is a Troop in the City of London and other Corporate Towns that attend the Major or other Head Officer cheifly for Matter of Justice Kitchin fol. 143. And these are called Servientes ad Clavam New Book of Entries verbo Scire facias in Mainpernors cap. 3. fol. 538. Serjeants of Peace Et etiam habere ibidem i. Dunham sex Servientes qui vocantur Serjeants of Peace qui servient Cur. Manerii praedicti facient Attach executiones omnium Placitorum querelarum in dicta Curia Placitorum c. Pl. de quo Warranto apud Cestriam 31 Ed. 3. Serjeanty Serjantia Is a Service that cannot be due to any Lord from his Tenant but to the King onely and it is divided into Grand Serjeanty and Petit. The first is where one holds Land of the King by service which he ought to do in his own person as to bear the Kings Banner Spear c. Petit Serjeanty is where a Man holds Land of the King to yield him yearly some small thing towards his Wars as a Sword Dagger Bow c. of which read Bracton lib. 2. cap. 16. 37. And Britton c. 66. num 1. 2. Inter feodalia servitia summum est illustrissimum quod nec Patronum aliquem agnoscit praeter Regem says the Learned Spelman Lib. MS. Feodal de Baldwino de Pettour qui tenuit terras in Hemingston in Com. Suff. per Serjantiam pro qua debuit facere die Natali Domini singulis annis coram Domino Rege Angliae Saltum Sufflum Pettum al. unum Saltum unum Sufflatum unum Bombulum And Sir Rich. Rockesley held Lands at Seaton by Serjeanty to be Vantrarius Regis i. The Kings Fore-footman when he went into Qascoign Donec per usus fuit pari solutarum precii 4 d. until he had worn out a pair of shooes of the price of 4 d. Which Service being admitted to be performed when the King went to Gascoign to make War is Knights Service Coke on Littl. fol. 69. b. See the Statute of 12 Car. 2. cap. 24. Whereby all Tenures of any Honors Mannors Lands c. are turned into Free and Common Soccage but the Honorary Services of Grand Serjeanty are thereby continued Servage Anno 1 Rich. 2. cap. 6. See Service Service Servitium Is that which the Tenant by reason of his Fee oweth to his Lord which is sometimes called Servage as Anno 1 Rich. 2. cap. 6. Our ancient Law-Books make divers Divisions of Service as into Military and Base Personal and Real Intrinsick and Extrinsick c. But since the Stat. 12 Car. 2. cap. 24. Whereby all Tenures are turned into Free and Common Soccage much of that learning is set aside See Coke lib. 4. Bevils Case fol. 9. a. See Soccage Thomas Leigh Esquire at the Coronation of King Charles the Second brought up to the Kings Table a Mess of Pottage called Dillogrout which Service had been adjudged to him by the Court of Claims in right of the Mannor of Addington in Com. Surrey whereupon the Lord High Chamberlain presented him to the King who accepted the Service and afterwards Knighted him Servientibus Are certain Writs touching Servants and their Masters violating the Statutes made against their abuses which see in Reg. of Writs fol. 189. 191. Service secular Anno 1 Edw. 4. cap. 1. Worldly Service contrary to Spiritual or Ecclesiastical Servitium ferrandi Of Shooing a Horse See Palfrey Servitiis Acquietandis Is a Writ Judicial that lies for one Distrained for Services to A. who ows and performs to B. for the Acquittal of such Services Reg. of Writs Judic fol. 27. a. 36. b. Servitors of Bills Are such Servants or Messengers of the Marshal belonging to the Kings Bench as were heretofore sent abroad with Bills or Writs to summon Men to that Court being now called Tipstaffs Anno 2 H. 4. cap. 23. Session of Parliament The passing any Bill or Bills by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session does continue till that Session be Prorogued or Dissolved See 4 Part Inst fol. 27. Sessions Sessiones Signifies a sitting of Justices in Court upon their Commission as the Sessions of Oyer and Terminer Pl. Cor. fol. 67. Quarter Sessions otherwise called General Sessions or Open Sessions Anno 5 Eliz. cap. 4. Opposite whereunto are Especial otherwise called Privy Sessions which are procured upon some special occasion for the more speedy dispatch of Justice Cromp. Just of Peace fol. 109. Petit Sessions or Statute Sessions are kept by the High Constable of every Hundred for the placing of Servants Anno 5 Eliz. cap. 4. See Statute Sessions Sesseur Anno 25 Edw. 3. cap. 6. Seems to signifie the assessing or rating of Wages Severance Is the singling or severing two or more that joyn or are joyned in one Writ As if two joyn in a Writ De libertate Probanda and the one afterwards be non-sute here Severance is permitted so as notwithstanding the non-sute of the one the other may severally proceed Fitz. Nat. Br.
suis ille qui non venit ad talem praemonitionem amerciatus erit ad pretium unius vomeris Anglice a Suck praetii quatuor denar hoc quotiescunque praemonit non venerit Pla. in Itin. apud Cestriam 14 Hen. 7. Surety of peace Securitas pacis so called because the party that was in fear is thereby secured Is an acknowledging a Bond to the Prince taken by a competent Judge of Record for the keeping of the Peace This peace a Justice of Peace may command either as a Minister when he is willed so to do by a higher Authority or as a Judge when he does it of his own power derived from his Commission Of both these see Lamb. Eiren. lib. 2. ca. 2. pa. 77. See Peace and Supplicavit It differs from Surety of good abearing in this that whereas the Peace is not broken without an affray battery or such like Surety de bono gestu may be broken by the number of a mans company his Weapons or Harness Suffragan Suffragnus Is a titular Bishop ordam'd to assist the Bishop of the Diocess in his Spiritual Function Sir Edw. Coke 2 Inst fo 79. calls him a Bishops Vice-gerent Dicuntur Episcopi qui Archiepiscopo suffragari assistere tenentur sayes Spelman Et Suffraganei dicuntur quia eorum suffragiis causae Ecclesiasticae judicantur It was enacted Anno 26 Hen. 8. ca. 14. that it should be lawful for every Diocesan at his pleasure to elect two honest and discreet Spiritual persons within his Diocess and to present them to the King that he might give the one of them such Title Stile Name and Dignity of such of the Sees in the said Statute specify'd as he should think convenient c. and that every such person shall be called Bishop Suffragan of the same See c. Cam. in his Britan. Tit. Kent speaking of the Arch-bishop of Canterburies Suffragans sayes When the Arch-bishop is busied in weightier Affairs they manage for him matters that pertain to Orders onely and not to the Episcopal Jurisdiction Suite or Sute Secta Fr. Suite i. Consecutio sequela Signifies a following another but in divers sences the first is a Sute in Law and is divided into sute real and personal which is all one with Action real and personal 2. Sute of Court or Sute-service is an attendance which a Tenant owes to the Court of his Lord Anno 7 Hen. 7. ca. 2. 3. Sute-Covenant is when your Ancestor has Covenanted with mine to suâ— to his Court 4. Sute-Custome when I and my Ancestors have been seised of your and your Ancestors Sute time out of minde 5. Sutereal or regal when men come to the Sheriffs Turn or Lâ—et 6. Sute signifies the following one in Chase as fresh-sute Westm 1. ca. 46. Lastly it signifies a Petition made to the King or any great person Suite of the Kings Peace Secta pacis Regis Is the pursuing a man for breach of the Kings Peace by Treasons Insurrections or Trespasses Anno 6 Rich. 2. Stat. 2. ca. 1. and 27 ejusdem ca. 15. 5 Hen. 4. ca. 15. Suit-silver See Sute-silver Suling See Swoling Summage See Sumage Seme Sumage or Summage Sumagium Summagium a Horscload Toll for carriage on Horseback Cromp. Jur. fo 91. Forestarius capiat pro uno equo qui portat summagium per dimidium anni obolum Charta de Foresta cap. ante-penult Char. Edw. 1. num 17. Summoneas Is a Writ Judicial of great diversity according to the divers cases wherein it is used which see in the Table of the Reg. judicial Summoner Summonitor Is a small Officer that calls or cites men to any Court These ought to be boni homines that is in Fleta's Judgment liberi homines ideo boni quia terras tenentes quod sint coram talibus Justiciariis ad certos diem locum secundum mandatum Justiciariorum vicecomiti directum parati inde faceri recognitionem lib. 4. ca. 5. Summons Summonitio Signifies with us as much as vocatio in jus or Citatio among the Civilians and thence is our word Sumner which in French is Somoneur i. Vocator Monitor Summons of the Exchequer Anno 3 Edw. 1. ca. 19. How Summons is divided and what circumstances it has to be observed See Fleta lib. 6. ca. 6 7. Summons in terra petita Kitchin fo 286. Is that Summons which is made upon the land which the party at whose Sute the Summons is sent forth seeks to have Summons ad Warrantizandum Dyer fo 69 nu 35. Summoneas ad warrantizandum Is the Process whereby the vouchee is called See Coke on Litt. fo 101. b. Sumptuary Laws Are Laws made to restrain excess in Apparel and prohibit costly Cloaths of which we have anciently had many in England but all repealed Anno 1 Jac. See 3 Inst fo 199. Super institution Super institutio One Institution upon another as where A. is admitted and instituted to a Benefice upon one Title and B. is admitted instituted c. by the presentment of another See Hutchins Case in Crokes Rep. 2 Par. fo 463. Superoneratione pasturae Is a Writ Judicial that lies against him who is impleaded in the County for the over-burdening a Common with his Cattel in case where he was formerly impleaded for it in the County and the Cause is removed into the Kings Court at Westm Super praerogativa Regis Is a Writ which lay against the Kings Widdow for Marrying without his Licence Fitz. Nat. Br. fo 173. Supersedeas Is a Writ which lies in divers cases and signifies in general a Command to stay or forbear the doing of that which ought not to be done or in appearance of Law were to be done were it not for the cause whereon the Writ is granted For example a man regularly is to have surety of Peace against him of whom he will Swear he is afraid and the Justice if required cannot deny it yet if the party be formerly bound to the Peace either in Chancery or elsewhere this Writ lies to stay the Justice from doing that which otherwise he might not refuse See the Table of the Reg. of Writs and Fitz. Nat. Br. fo 236. for preventing the superseding Executions See the Statute 16 17 Car. 2. ca. 8. Super Statuto Edw. 3. versus Servants and Labourers Is a Writ that lies against him who keeps my Servants departed out of my service against Law Fitz. Nat. Br. fo 167. Super Statuto de York quo nul serra viteller c. Is a Writ lying against him that uses Victualling either in Gross or by Retail in a City or Borough-Town during the time he is Mayor c. Fitz. Nat. Br. fo 172. Super Statuto 1 Edw. 3. ca. 12 and 13. is a Writ that lay against the Kings Tenant holding in Chief who alienated the Kings Land without his Licence Fitz. Nat. Br. fo 175. Super Statuto facto pour Seneshal Marshal de Roy c. Is a Writ lying
Conventus Nullum Swainmotum de caetero teneatur in Regno nostro nisi ter in Anno viz. In Principio quindecim dierum ante Festum Sancti Michael c. Circa Festum S. Martini initio quindecim dierum ante Festum Sancti Johannis Baptistae c. Charta de Foresta tam Regis Johan quam Hen. 3. cap. 9. See 4 Inst fol. 289. Swarff-money The Swarff-money is one penny half-penny it must be paid before the rising of the Sun the party must go thrice about the Cross and say the Swarff-money and then take witness and lay it in the hole and when ye have so done look well that your witness do not deceive you for if it be not paid ye give a great forfeiture xxx s. and a White Bull. This Exposition was found in an old MS. containing the Rents due to the Catesbies in Lodbroke and other places in Warwickshire But conceived to be mistaken for or to signifie the same with Warth-money See Ward-penny Swepage Coke on Littl. fol. 4. b. Is the crop of Hay got in a Meadow called also the Swepe in some parts of England Swoling or Suling of Land Sulinga Solinga vel Swolinga terrae Sax. Sulung from sul vel sulh i. Aratrum as to this day in our Western Parts a Plough is called a Sul and a Plough-staff a Sul-paddle Is the same with Carucata terrae that is as much as one Plough can Till in a year a Hide of Land others say it is Quantitas incerta Dedit ctiam idem inclitus Rex Willielmus Conquestor cidem Ecclesiae de Bello in Cantia Regale Manerium quod vocatur Wy cum omnibus appendiciis suis septem Swolingarum id est Hidarum ex sua Dominica Corona cum omnibus libertatibus regalibus consuetudinibus c. Rentale MS. de Wy tempore Ven. Patr. Tho. Ludlowe Abbatis fol. 1. Terram trium aratrorum quam Cantiani Anglice dicunt Thrée Swolings Carta pervetusta Eccles Cantuar. de qua vide Somneâ—rum in Antiquitat loci pag. 211. Syb and Som Sax. Pax securitas Eallum Cristenum Mannum syb som gemene id est Omnibus Christianis Pax securitas communis esto LL. Eccles Canuti Regis cap. 17. Sylva Caedua Lat. Wood under Twenty years growth Coppice-wood See the Stat. 45 Edw. 3. cap. 3. It is otherwise called Subbois 2 Inst fol. 642. Synod Synodus A Meeting or Assembly of Ecclesiastical Persons for the Cause of Religion of which there are four kindes 1. A General Occumenical or Universal Synod or Council where Bishops c. of all Nations meet 2. National Synod where those of one onely Nation meet 3. A Provincial Synod where Ecclesiastical Persons of one onely Province meet 4. Diocesan Synod where those of but one Diocess meet See Convocation Which is the same thing with a Synod this being a Greek that a Latin word Synodal Synodale Is a Cense or Tribute in Money paid to the Bishop or Arch-deacon by the Inferior Clergy at Easter Visitation and it is called Synodale or Synodaticum Quia in Synodo frequentius dabatur The Impropriation of Derehurt in Com. Gloc. pays yearly vii s. ix d. Pro Synodalibus Procurationibus Pat. 20 July 34 Hen. 8. Et quod sint quieti a Synodalibus ab omni Episcopali consuetudine excepto denario Beati Petri. Mon. Angl. 2 Par. fol. 276. b. See Historical Discourse of Procurations and Synodals pag. 66. 98. These are called otherwise Synodies in the Statute of 34 Hen. 8. cap. 16. Yet in the Statute of 25 Hen. 8. cap. 19. Synodals Provincial seem to signifie the Canons or Constitutions of a Provincial Synod And sometimes Synodale is used for the Synod it self T. T. Every Person convict of any other Felony save Murder and admitted to the benefit of his Clergy shall be marked with a T. upon the Brawn of the Left Thumb Anno 4 Hen. 7. cap. 13. Tabellion Tabellio A Notary Publick or Serivener allowed by Authority to Engross and Register private Contracts and Obligations His Office in some Countreys did formerly differ from that of Notary but now they are grown or made one Quoniam Tabellionum usus in Regno Angliae non habetur propter quod magis ad Sigilla authentica credi est necesse ut eorum copia facilius habeatur statuimus ut Sigillum habeant non solum Archiepiscopi Episcopi sed eorum Officiales Matth. Paris fol. 454. de Anno 1236. Tabling of Fines Is the making a Table for every County where His Majesties Writ runs containing the Contents of every Fine passed in any one Term as the name of the County Towns and places wherein the Lands or Tenements lie the name of the Demandant and Deforceant and of every Mannor named in the Fine This is properly to be done by the Chirographer of Fines of the Common Pleas who every day of the next Term after the ingrossing any such Fine does fix every of the said Tables in some open place of the said Court during its sitting And the said Chirographer is to deliver to the Sheriff of every County his Under-Sheriff or Deputy fair written in Parchment a perfect content of the Table so made for that Shire in the Term next before the Assizes or else between the Term and the Assizes to be set up every day of the next Assizes in some open place of the Court where the Justices sit to continue there so long as they shall sit c. If either the Chirographer or Sheriff fail herein he forfeits 5 l. And the Chirographers Fee for every such Tabling is 4 d. Anno 23 Eliz. cap. 3. Tail Fr. Taille i. Sectura Signisies two things grounded upon one reason Plowden Casu Willion fol. 251. First it is used for the Fee which is opposite to Fee-simple by reason it is so minced as it were or pared that it is not in the owners free power to dispose but is by the first giver cut or divided from all others and tied to the issue of the Donee Coke lib. 4. in Proamio And this limitation or Tail is either General or Special Tail General Is that whereby Lands or Tenements are limited to a Man and to the Heirs of his Body begotten and it is General because how many Women soever the Tenant holding by this title shall take to his Wives one after another his issue by them all have a possibility to inherit one after another Tail Special Is that whereby Lands or Tenements are limited to a Man and his Wife and the Heirs of their two bodies begotten because if the Man bury his Wife before issue and take another the issue by his second Wife cannot inherit the Land Also if Land be given to A. and his Wife B. and to their Son C. for ever this is Tail Special See Fee and Littl. lib. 1. cap. 2. and New Book of Entries â—erbo Tail Tail in the other signification is that we vulgarly call a Talley For Une
was anciently the duty of their Office Tea Anno 12 Car. 2. cap. 15. Is a kinde of potable liquor lately introduced in England from China and the East Indies and is made of the Leaf of a Shrub growing in those parts Team and Theame or Tem and Theme from the Sax. tyman i. Propagare to teem or bring forth Signifies a Royalty granted by the Kings Charter to the Lord of a Mannor for the having restraining and judging Bondmen Neifs and Villains with their Childrens Goods and Chattels in His Court. THeme est quod habeatis totam generationem villanorum vestrorum cum corum Sectis catallis ubicunque inventi fuerint in Anglia Qui autem jurisdictionem habent bujusmodi curiani de Theme i. De nativis vel servis dicuntur babore in qua olim licuit inter caeteros cognoscere de statu vassalli sui utrum liber esset an servus Anonymus in MS. Theame says the Learned Spelman in the Laws of Edw. Conf. cap. 21. 25. Significare videtur jurisdictionem cognoscendi in Curia sua de advocationibus sive intertiatis hoc est de vocatis ad Warrantiam See Glanvile lib. 5. cap. 2. And Glossarium in x. Scriptores Them i. Quod Prior habet totam generationem Villanorum suorum cum eorum secta catallis ubicunque in Anglia inventae fuerint Ex Registro Priorat de Cokesford Teinland Teinlanda Tainland Teimland vel Thainland quasi terra Thani vel nobilis thâ—n i. Minister Landa i. terra Breve Regis Willielmi junioris lib. Rames sect 178. Willielmus Rex Anglia W. de Cabuniis salutem Praecipio tibi ut facias convenire shiram de Ha 〈…〉 judicio ejus cognosce si terra de Isham â—â—ddidit sirmam Monachis Sancti Benedicti tempore Patris mei si ita invent fuerit sit in Dominio Abbatis Si verd Teinlanda tunc suisse invenietur qui eam tenet de Abbate te 〈◊〉 〈…〉 scat quod si noluerit eam Abbas in Dominio habeat vidâ— ne clamor inde amplius ad nos redeat Teste W. Episc Dunelm Where Teinlanda seems to signifie Terra haereditaria colonorum servituti non obnoxia In Domesday Land holden by Knights-service was called Tainland and Land holden by Soccage Keveland Coke on Littl. sect 117. Teirs Is the third part of a Pipe viz. Forry two Gallons See Tierce Teller Is an Officer in the Exchequer of which there are four whose office is to receive all Moneys due to the King and to give the Clerk of the Pell a Bill to charge him therewith They also pay to all persons any Money payable by the King by Warrant from the Additor of the Receipt and make weekly and yearly Books both of their Receipts and Payments which they deliver to the Lord Treasurer Telonium See Theloniâ—â— Templers or Knights of the Temple Templarii Was a Religious Order of Knighthood instituted about the year 1119. and so called because they dwelt in a part of the Buildings belonging to the Temple at Jerusalem and not far from the Sepulchre of our Lord They entertained Christian-strangers and Pilgrims charitably and in their armor led them through the Holy Land to view the Sacred Monuments of Christianity without fear of Insidels This Order continuing and increasing for near Two hundred years was far spred in Christendom and particularly here in England But at length some of them at Jerusalem falling away as some Authors report to the Saracens from Christianity or rather because they grew too potent the whole Order was suppâ—â—ssed by Clemens Quintus Anno 1309. And by the Council of Vienna 1312. And their substance given partly to the Knights of Saint Johns of Jerusalem and partly to other Religious Cassan de gloria mundi par 9. Consid 5. And see Anno 1 Edw. 1. cap. 24. These flourished here in England from Henry the Seconds days till they were suppressed They had in every Nation a particular Governor whom Bracton lib. 1. cap. 10. calls Magistrum Militiae Templi The Master of the Temple here was summoned to Parliament 49 Hen. 3. m. 11. in Schedula And the cheif Minister of the Temple-Church in London is still called Master of the Temple Of these Knights read Mr. Dugdales Antiquities of Warwickshire fol. 706. In ancient Records they were also called Fratres Militiae Templi Solomonis Mon. Angl. 2 par fol. 554. b. Temporalties of Bishops Temporalia Episcoporum Are such Revenues Lands Tenements and Lay-Fees as have been laid to Bishops Sees by Kings and other great Personages of this Land from time to time as they are Barons of Parliament See Spiritualties of Bishops Tempus pinguedinis firmationis Et sciendum quod Tempus pinguedinis hic computatur inter Festum Beati Petri ad Vincula Exaltationem Sanctae Crucis Et Tempus firmationis inter Festum S. Martini Purificationem Beatae Mariae MS. Penes Gul. Dugdale Arm. de Temp. Hen. 3. The first is the season of the Buck the later of the Doe See Fermisona Tenancies Anno 23 Eliz. cap. 4. Are Houses for Habitation Tenements or places to live in held of another EDwardus illustris Regis Angliae primo genitus omnibus c. Salutem amorem Sciatis quod dedimus assignavimus in Tenenciam dilecto fideli nostro Yvoni Pauntun omnes terras cum suis juribus pertin quae fuerunt Hugonis Bedelli inimici nostri in Villa de Ashele Tenendas ad nostrae beneplacitum voluntatis nisi aliquis qui nobiscum personaliter interfuit in conflictu apud Evesham quarto die Augusti manus prius posuerit ad easdem Et ideo vobis mandamus c. Dat. Cestriae 14 Augusti Anno Regni Domini Regis Patris nostri 49. Tend Seems to signifie as much as to endeavor offer or shew forth as to tend the estate of the party of the Demandant Old Nat. Br. fol. 123. b. To tend an Averment Britton cap. 76. Tender Fr. Tendre Signifies carefully to offer or circumspectly to endeavor the performance of any thing belonging to us as to tender Rent is to offer it at the time and place where and when it ought to be paid To tender his Law of Non Summons Kitchin fol. 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 lies to London or other Corporation where the Custom is that Men may demise Tenements as well as Goods and Chattels by their Last Will for the hearing any Controversie touching the same and for rectifying the wrong Reg. of Writs fol. 244. b. Tenent or Tenant Tenens Signifies him that holds or possesseth Lands or Tenements by any kinde of Right be it in Fee for Life Years or at Will Tenant in Dower is she that possesseth Land by vertue of her Dower Kitchin fol. 160. Tenant by Statute Merchant that holds Land by vertue of a
nominant Travelyng-men c. Charta 22 Hen. 6. m. 34. n. 36. Item utimur quod nullus Vagabundus vagetur seu deambulet de nocte in villa seu suburbio ejusdem post pulsationem Campanae nostrae communis vocatae Coverfu Et si aliquis ibidem capiatur post pulsationem dictae Campanae ducatur ad Gaolam Domini Regis ibi morabitur usque in crastinum ut noticia personae suae habeatur emendas faciet ad voluntatem Balivorum Comburgensium per Balivos Capitales liberetur si hoc petat MS. Codex de Legibus Statutis Burgi-villae Mountgomer a tempore Hen. 2. Ualect Ualet or Uadelect Valettus vel valecta Qui juxta dominum vadit seu ministrat Fr Valet A Servitor or Gentleman of the Privy-Chamber according to Cambden In the accounts of the Inner-temple it is used for a Benchers Clerk or Servant The Butlers of the House corruptly call them Varlets In Reg. of Writs 25. b. Valettus If the Sheriff be a Vadelect of the Crown c. Coke on Lit. fo 156. Sciant Quod ego Henricus Comes Lancastriae Leicestr Senescallus Angliae Dendimus Dilecto Valetto nostro Johanni le Blount novem acras terrae cum pertin in Holland in Foresta nostra de Duffeld c. Dat. apud Hegham Ferrers 3 die Junii 5 Ed. 3. Penes Wal. Kirkham Blount Bar. Valet was anciently a name specially denoting young Gentlemen though of great descent or quality but now given to those of the rank of Yeomen Seldens titles of Honour fo 831. Ualue Valentia valor Is a known word but West gives us a nice difference betwixt value and price The value sayes he of those things in which offences are committed is usually comprized in Inditements which seems necessary in Theft to make a difference from petit Larceny and in Trespass to aggravate the fault and increase the Fine But no price of things ferae naturae may be expressed as of Deer Hares c. if they be not in Parks and Warrens which is a liberty Anno 8 Ed. 4. fo 5. nor of Charters of Land And where the number of the things taken are to be express'd in the Inditement as of young Doves in a Dove-house there must be said pretii or ad valentiam but of divers dead things ad valentiam and not pretii Of Coin not current it shall be pretii but of Coin Current it shall neither be said pretii nor ad valentiam for the price and value thereof is certain c. Par. 2. Symbol tit Inditements Sect. 70. V. W. Ualor of Marriage Valore maritagii Was a Writ that lay for the Lord having profer'd Covenable Marriage to the Infant and he refusing it to recover the value of the Marriage Old Nat. Br. fo 90. but taken away by the Statute 12 Car. 2. ca. 24. Uantarius Praecursor As Vantarius Regis the Kings fore-foot-man Richardus Rockesle miles tenebat terras Seatoniae per Scriantiam esse Vantarium Regis in Gascoign donec perusus fuit pari solutarum precii 4 d. i. dum trivisset par calceorum pretii 4 d. Rot. de Finibus Term. Mich. 2 Ed. 2. Uariance From the Fr. Varier i. Alterare Signifies an alteration or change of condition after a thing done As the Commonalty of a Town make a composition with an Abbot and after obtain Bailiffs by grant from the King In this case if the Abbot commence any Sute for breach of the composition he must vary from the word Commonalty set down in the Composition and use Bailiffs and Commonalty Brook tit variance fo 292. It is also used for an alteration of something formerly laid in a Plea See Variance in the New Book of Entries Uarlets By a Repealed Statute of 20 Rich. 2. cap. 2. were used for Yomen or Yomen-servants See Valects and the Statute 3 Car. 1. ca. 4. Will. Hunt Varlet del Chambre nostre Seigneur le Roy. Claus 12 Rich. 2. M. 43. in dorso Uaslet Vaslettus Concordia inter Regem Radulphum de Normanvil viz. quod Rad. tenebit in servitio Regis Geroldum Radulphum milites filios suos quamdiu guerra sua duraverit per sic quod Rex ei remittat CC. Marcas quas debebant Regi Johanni de Fine pro redemptione dicti Geroldi per sic deberetur Thomas filius dicti Radulphi Vaslettus in custodia Regis qui similiter morabatur in servitio Regis cum praedictis Geroldo Radulpho fratribus suis Pat. 1 Hen. 3. in dorso M. 13. It seems here to signifie a Ward See Valect Uassal Vassallus From the Germ. Gessel i. Comes qui mercede servit Signifies him that holds Land in Fee of his Lord we call him more usually a Tenant in Fee whereof some owe fidelity and service and are called vasalli jurati But the word being little used in our Law Books make me waive that enlargement which Cowel makes upon it Uasto Is a Writ that lies for the Heir against the Tenant for life or years for making waste or for him in the reversion or remainder Fitz. Nat. Br. fo 55 See the Statute 6 Ed. 1. ca. 5. Uavasor alias Ualvasor Is one who in dignity is next a Baron Cambd. Brit. pa. 109. Bracton lib. 1. ea 8. sayes thus of them Sunt alii potentes sub Rege qui dicuntur Barones hoc est robur belli sunt alii qui dicuntur vavasores viri magnae dignitatis vavasor enim nihil melius dici poterit quam vas sortitum ad valetudinem Rex c. Ballivis Petri de Pratellis de Insula Gerse Gernse c. volumus quod Episcopi Abbates Abbatissae Clerici Milites vavassores alii qui redditus tenementa habent in Insula Gersey c. quintam partem reddituum suorum unius anni c. praebeant ad sustentandum milites servientes qui praedictas Insulas defendunt Pat. 5 Joh. M. 7. See more of these in the learned Spelmans Gloss Uavasorie Vavasoria The Lands that a Vavasor held Quod dicitur de Baronia non est observandum in Vavasoria vel aliis minoribus feodis quam Baronia quia caput non habent sicut Baronia Bract. lib. 2. cap. 39. Ueal-Money or Ueal noble Money The Tenants of one of the Tithings within the Mannor of Bradford in Com. Wilts pay a yearly Rent by this name to their Lord the Marquess of Winchester which is in lieu of Veal paid formerly in kinde Uejours Visores from the Fr. Veoir i. Cernere intueri Are 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 Bracton uses it Lib. 5. tract 3. cap. 8. It signifies also those that are sent to view such as Essoign themselves De malo lecti whether they are in truth so sick as they cannot appear or whether they counterfeit Bracton lib. 5. tract 2. cap. 10. 14. Lastly