Laymen were not approved by the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders wherefore the Founders and their Heirs may give such Chappels if they will without the Bishop Gwin in the Preface to his Readings saith That the King might of ancient time found a Free-Chappel and exempt it from the Jurisdiction of the Diocesan So also may he by his Letters Patent give Licence to a common person to found such a Chappel and make it Donative not presentable and that the Chaplain shall be deprivable by the Founder or his Heir and not by the Bishop which seems to be the original of Donatives in England Fitzherbert saith fol. 23. That there are some Chantries which a Man may give by his Letters Patent All Bishopricks were in ancient time Donative by the King Coke lib. 3. fol. 75. Donor Is he who gives Lands or Tenements to another in Tail and Donee is he to whom the same are given Doom Sax. dom A Judgment Sentence Ordinance or Decree also sence or signification Substantiva quaedam says Mr. Somner exeunt in Dom ubi compositionis gratia videtur appositum quandoque munus denotat vel Officium item Ditionem Dominium ut in Kingdom Earldom c. Habeat Grithbriche Forstal Dom Som Wreche in Mari. Mon. Angl. 1. par fol. 284. a. Dorture Dormitorium Is the Common Room or Chamber where all the Religious of one Convent slept and lay all night Anno 25 Hen. 8. cap. 11. Dote Assignanda Is a Writ that lay for a Widow where it was found by Office That the Kings Tenant was seised of Tenements in Fee or Fee-tail at the day of his death and that he held of the King in Cheif c. In which Case the Widow came into the Chancery and there made Oath That she would not marry without the Kings leave Anno 15 Edw. 3. cap. 4. And hereupon she had this Writ to the Escheator for which see Reg. of Writs fol. 297. and Fitz. Nat. Br. fol. 263. These Widows are called the Kings Widows See Widow Dote unde nihil habet Is a Writ of Dower that lies for the Widow against the Tenant who bought Land of her Husband in his life time whereof he was solely seised in Fee-simple or Feetail in such sort as the issue of them both might have inherited Fitz. Nat. Br. fol 147. Dotis Admensuratione See Admeasurement and Reg. of Writs fol. 171. Doubles Anno 14 Hen. 6. cap. 6. Signifie as much as Letters Patent being a French word made of the Latin Diploma Double Plea Duplex Placitum Is that wherein the Defendant alleageth for himself two several matters in Bar of the Plaintiffs Action whereof either is sufficient to effect his desire which shall not be admitted for a Plea As if a Man alleage several matters the one nothing depending upon the other the Plea is accounted Double and not admittable but if they be mutually depending each of other then is it accounted single Kitchin fol. 223. See Brook hoc tit And Sir Tho. Smith gives this reason why such Double Plea is not admitted by our Law because the tryal is by Twelve rude Men whose Heads are not to be troubled with over many things at once Lib. 2. de Rep. Angl. cap. 13. Domus Conversorum See Rolls Domus Dei The Hospital of S. Julian in Southampton so called Mon. Angl. 2 par fol. 440. b. Double Duarrel Duplex Querela Is a Complaint made by any Clerk or other to the Archbishop of the Province against an Inferior Ordinary for delaying Justice in some Cause Eccsesiastical as to give Sentence Institute a Clerk presented or the like and seems to be termed a Double Quarrel because it is most commonly made against both the Judge and him at whose sute Justice is delayed Cowels Interp. Dowager Dotata A Widow endowed or that hath a Jointure a Title or Addition applied in general to the Widows of Princes Dukes Earls and Persons of Honor onely Dower Dos Dotarium The first Dos properly signifies that which the Wife brings her Husband in Marriage otherwise called Maritagium Marriage Goods The other Dotarium or Doarium that Portion of Lands or Tenements which she hath for term of her life from her Husband if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in Princip Some Authors have for distinction called the First a Dowry and the other a Dower but they are often confounded Of the former our Law-books speak little of the later there are five kindes viz. 1. Dower per Legem Communem 2. Dower per Consuetudinem 3. Dower ex Assensu Patris 4. Dower ad Ostium Ecclesiae 5. Dower de la Plus Bele Dower by the Common Law Is a Third Part of such Lands as the Husband was sole seised of in Fee during the Marriage which the Wife is to enjoy during her life for which there lies a Writ of Dower Dower by Custom gives the Wife in some places half her Husbands Lands so long as she lives sole as in Gavelkind And as Custom may enlarge so may it abridge Dower and restrain it to a fourth part Ex Assensu Patris ad Ostium Ecclesiae the Wife may have so much Dower as shall be so assigned or agreed upon but it ought not to exceed a third part of the Husbands Lands Glanv lib. 6. cap. 1. And if it be done before Marriage it is called a Joynture Dower de la Plus Bele Is when the Wife is endowed of the fairest or best part of her Husbands Estate See Coke on Littl. fol. 33. b. Romanis non in usu fuit uxoribus Dotes retribuere ideo verbo genuino carent quo hoc dignoscitur rem ipsam in Germanorum moribus miratur Tacitus Dotem inquit non uxor Marito sed uxori Maritus affert Spelm. To the consummation of Dower three things are necessary viz. Marriage Seizin and the Husbands death Binghams Case 2 Rep. If the Wife be past the age of nine years at the death of her Husband she shall be endowed If a Woman elope or go away from her Husband with an Adulterer and will not be reconcil'd she loseth her Dower by the Stat. of Westm 2. ca. 34. 2 Part Inst fol. 433. Camden in his Brit. tit Sussex relates this memorable Case out of the Parl. Records 30 Edw. 1. Sir John Camois son of the Lord Raph Camois of his own free-will gave and demised his own Wife Margaret Daughter and Heir of John de Gaidesden unto Sir Will. Panell Knight and unto the same William Gave Granted Released and Quit-claimed all her Goods and Chattels c. So that neither he himself nor any Man else in his Name might make Claim or ever Challenge any Interest in the said Margaret or in her Goods or Chattels c. By which Grant when
us and Wales or between us and Scotland Anno 24 Hen. 8. cap. 9. Which last are divided into West and Middle Marches Anno 4 Hen. 5. cap. 7. and 22 Edw. 4. cap. 8. The word is used in the Statute 24 Hen. 8. cap. 12. generally for the Precincts of the Kings Dominions and may be derived from the Sax. Meane i. Signum nota Character Marchers Were the Noblemen that lived on the Marches of Wales or Scotland who in times past according to Camden had their private Laws like Petty Kings which are now abolished by the Statute 27 Hen. 8. cap. 26. Of these Marchers you may read Anno 2 Hen. 4. cap. 18. 26 Hen. 8. cap. 6. and 1 Edw. 6. cap. 10. where they are called Lord Marchers See also 1 2 Ph. Ma. cap. 15. Marchet Marchetum Consuetudo pecuniaria in Mancipiorum filiabus maritandis Bract. lib. 2. tit 1. cap. 8. num 2. Merchetum vero pro filia dare non competit libero homini Extenta Manerii de Wivenho 18 Dec. 40 Edw. 3. alia 13 Edw. 3. Anno Dom. 1230. Rich. Burr tenet unum Mesuagium Et debet Tallagium Sectam Curiae Merchet hoc modo quod si maritare voluerit filiam suam cum quodam libero homine extra villam faciet pacem Domini pro maritagio si eam maritaverit alicui Custumario Villae nil dabit pro maritagio This Custom is in divers parts of England and Wales as also in Scotland and the Isle of Gernsey See Spelman at large on it Sir Edward Coke on Littl. fol. 140. says it is called Marchet as it were a Chete or Fine for Marriage By the Custom of the Mannor of Denever in the County of Carmarthen whereof Sir Edw. Rice is Lord every Tenant at the marriage of his Daughter pays x s. to the Lord which in the British Language is called Gwabr Merched i. A Maids Fee See Meiden Rents and Gwabr-merched Mareshal Marescallus from the Germ. Marschalk i. Equitum Magister With us there are divers Officers of this name the cheif is the Earl Marshal of England mentioned Anno 1 Hen. 4. cap. 7. and in divers other Statutes his Office consists especially in matters of War and Arms as well with us as in other Countreys as you may read in Lupanus de Magistratibus Franciae lib. 1. cap. Marcshallus The next is the Marshal of the Kings House whose special authority is according to Britton in the Kings place to hear and determine all Pleas of the Crown and Sutes between those of the Kings House and others within the Verge and to punish faults committed within the Verge c. Cromp. Jurisd fol. 102. Anno 18 Edw. 3. stat 2. cap. 7. and other Statutes See more of this Office in Fleta lib. 2. cap. 4. There are other Inferior Officers of this name as Marshal of the Justices in Eyr Anno 3 Edw. 1. cap. 19. Marshal of the Kings Bench Anno 5 Edw. 3. cap. 8. Who hath the custody of the Prison called the Kings Bench in Southwark I finde also in Fleta lib. 2. cap. 15. mention of a Marshal of the Kings Hall There is also a Marshal of the Exchequer Anno 51 Hen. 3. stat 5. to whom the Court commits the custody of the Kings Debtors for securing the Debts He also assigns Sheriffs Customers and Collectors their Auditors before whom they shall account Marshalsée Maresealtia Is the Court or Seat of the Marshal also used for the Prison in Southwark so called the reason whereof may be because the Marshal of the Kings House was wont perhaps to sit there in Judgment or keep His Prison See the Stat. 9 Rich. 2. cap. 5. And 2 Hen. 4. cap. 23. Mariage Maritagium Signifies not onely the lawful joyning of Man and Wife but also the interest of bestowing a Ward or a Widow in marriage Mag. Char. cap. 6. And it signifies Land given in marriage Bracton lib. 2. cap. 34. 39. See also Skene on the word Maritagium which according to Glanvil lib. 7. cap. 1. Is that portion which the Husband receives with his Wife See Dower Maritagio amisso per defaultam Is a Writ for the Tenant in Frank-marriage to recover Lands c. whereof he is deforced by another Reg. fol. 171. Maritagio forisfacto See Ferisfactura Maritagii Mark Merca from the Sax. Mearc i. Signum In ancient time I finde a Mark of Gold was eight ounces Stows Annals pag. 32. A Mark of Silver is now well known to be 13 s 4 d. Char. Reg. Joh. de dote B. Reginae quondam ux R. Ricardi Paten 3. Joh. m. 17. n. 31. Assignavimus ei pro dote sua mille marcas argenti annuatim 13 s 4 d. computatis pro Marca Marketzeld Rectiâs Marketgeld Et valent per an le Streteward le Marketzeld xviii s ob in omni terra pertinente ad Honorem de Haulton Ex Cod. M. S. in Bibl. Cottoniana It signifies Toll of the Market The word Zold importing a payment I finde it elswhere written Markethgald Plac. apud Cestriam 31 Edw. 3. Mark-peny Was one peny paid at Maldon by those who had Pipes or Gutters laid or made out of their Houses into the Streets Hill 15 Edw. 1. Mr. Philips of Purveyance Market Marcatus Comes from the Fr. Marche i. Emporium forum nundinarum and signifies the same thing with us as also the Liberty or Priviledge whereby a Town is enabled to keep a Market Old Nat. Br. fol. 149. So Bracton uses it Lib. 2. cap. 24. num 6. lib. 4. cap. 46. where he shews that one Market ought to be distant from another Sex leucas dimidiam tertiam partem dimidiae By Stat. 27 Hen. 6. cap. 5. no Fair nor Market is to be kept upon any Sunday nor upon the Feasts of the Ascension of our Lord Corpus Christi the Assumption of our Blessed Lady All Saints nor Good Friday except for necessary victual and in the time of Harvest Marle Marla Is a kinde of Earth or Mineral which Men in divers parts of this Realm cast upon their Land to make it more fertile It is otherwise called Malin Anno 17 Edw. 4. cap. 4. Marlerium or Marletum A Marlepit Sciant quod ego Rogerus la Zouche dedi Henrico de Hugefort haeredibus suis c. Et quod habeant omnem libertatem liberam communiam in boscis in planis in viis in semitis in aquis in molendinis in bruariis in turbariis in quarrer in piscar in Marleriis in omnibus aliis locis aisiamentis ad praedictum Manerium de Tonge spectan Et quod capiant Marlam pro voluntate sua ad terram suam marlend Reddendo inde annuatim mihi haeredibus meis unum capellum Rosarum die Nativitatis S. Jo. Baptistae si in villa de Tonge fuerimus si non ponatur super imaginem Beatae Mariae in Ecclesia de Tonge pro omnibus servitiis Sine dat penes
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
nos Hugonem de Okelesthorp Adam silium Ade de Thowes generum ejusdem Hugonis sc quod ego Adam non dabo impignorabo vendam nec alienabo aliquam partem tenementi mei de quo fui vestitus saisitus praedicto die nec tenementi mihi contingentis nomine baereditatis sine voluntate assensu praedicti Hugonis vel haeredum suorum Et quod amabiliter tractabo uxorem meam filiam praedicti Hugonis Et nisi fecero ibo per septem dies sabati nudus per medium forum de Harewode quando plenius fucrit secundum or dinationem dicti Hugonis Omnia autem praescripta fideliter sine fraude observanda pro me haeredibus meis tactis sacrosanctis juravi affidavi Et ne istud alicui hominum vertatur in dubium nos praedicti Hugo Adam sigilla nostra partium hiis mutuis scriptis apposuimus Hiis testibus Stephano Sperry tunc Cyrographar Civitatis Ebor. Daniele de Tottie Clerico Ricardo de Waleys de Acculum Ade de Northfolch Thomâ Edwyn Allutario de Ebor. aliis Ex M. S. penes Gul. Dugdale Ar. Covenant Foedus The late Solemn League and Covenant first hatch'd in Scotland was a Seditious Conspiracy too well known to need any Explication it was Voted Illegal and Irreligious by Parliament in May 1661. and provision is made against it by the Statute 14 Car. 2. cap. 4. Where it is declared to have been imposed on the Subjects of this Realm against the known Laws and Liberties of the same Covent or Convent Conventus Signifies the Society or Fraternity of an Abby or Priory as Societas does the number of Fellows in a College Bracton lib. 2. cap. 35. Coverture Fr. Any thing that covers as Apparel a Coverlet but it is particularly applied to the state and condition of a married Woman who by our Law is Sub potestate viri and therefore disabled to contract with any to the prejudice of her self or husband without his consent and privity or at least without his allowance and confirmation Broke hoc titulo Omnia quae sunt uxoris sunt ipsius viri Vir est caput mulieris Sine viro respondere non potest Bracton lib. 2. cap. 15. lib. 4. cap. 24. And if the husband alien the wifes Land during the Coverture she cannot gainsay it during his life See Cui ante divortium and Cui in vita Covine Covina Is a deceitful Compact or Agreement between two or more to prejudice a third person As if Tenant for Life conspires with another that this other shall recover the Land which the Tenant holds in prejudice of him in Reversion Plow Com. fol. 546. Count Fr. Conte Signifies the original Declaration in a Real Action as Declaration is in a personal Fitz. Nat. Br. fol. 26. Libellus with the Civilians comprehends both Yet Count and Declaration are sometimes confounded as Count in Debt Kitchin fol. 281. Count or Declaration in Appeal Pl. Cor. fol. 78. Count in Trespass Britton cap. 26. See Declaration Countée Fr. Comte A Comitando because they accompany the King Was next to the Duke the most eminent Dignity of a Subject before as well as since the Conquest and those who in ancient time were created Countees were Men of great Estate and Dignity For which cause the Law gives them great priviledges as their persons may not be arrested for Debt Trespass c. because the Law intends that they assist the King with their Council for the Publick Good and preserve the Realm by their Prowess and Valor they may not be put upon Juries If issue be taken whether the Plaintiff or Defendant be a Countee or not This shall not be tried by the Countrey but by the Kings Writ Also the Defendant shall not have a day of Grace against a Lord of the Parliament because it is intended he attends the Publick And of old the Countee was Praefectus or Praepositus Comitatus and had the charge and custody of the County whose Authority the Sheriff now hath Coke lib. 9. fol. 49. And is therefore called Viscount See Earl Countenance Seems to be used for credit or estimation Old Nat. Br. fol. 111. And likewise Anno 1 Edw. 3. Stat. 2. cap. 4. in these words Sheriffs shall charge the Kings debtors with as much as they may levy with their Oaths without abating the debtors Countenance See Contenement Counter from the Lat. Computare Is the name of two Prisons in London the Poultry Counter and Woodstreet Counter whereinto if any enter he is like to account ere he get thence Counter-mand Is where a thing formerly executed is afterward by some Act or Ceremony made void by the party that first did it As if a Man makes his last Will and devises his Land to I. S. and afterward enfeoffs another of the same Land here this Feoffment is a Countermand to the Will and the Will void as to the disposition of the Land Counter-plée Signifies a Replication to Ayde Prier For when Tenant by curtesie in Dower or other Real Action prays the View or Aid of the King or him in the Reversion for his better defence or else if a stranger to the Action begun desires to be received to say what he can for the safegard of his Estate that which the Demandant alleageth against this request why it should not be admitted is called a Counter-plee In which sence it is used 25 Edw. 3. Stat. 3. cap. 7. Counter-rols That Sheriffs shall have Counter-rols with the Coroners as well of Appeals as of Enquests c. Anno 3 Edw. 1. cap. 10. Countors Fr. Contours Have been taken for such Serjeants at Law as a Man retains to defend his cause or speak for him in any Court for their Fee Horns Mirror lib. 2. cap. des Loyers And of whom thus Chaucer A Sheriff had he béen and a Contour Was no where such a worthy Uavasour They were anciently called Serjeant-Countors-Coke on Littl. fol. 17. a. County Comitatus Signifies the same with Shire the one coming from the French the other from the Saxons both containing a circuit or portion of the Realm into which the whole Land is divided for the better Government of it and more easie Administration of Justice So that there is no part of this Nation that lies not within some County and every County is governed by a yearly Officer whom we call a Sheriff Fortescu cap. 24. Of these Counties there are four of special mark which therefore are termed Counties Palatines As Lancaster Chester Durham and Ely Anno 5 Eliz. cap. 23. we may read also of the County Palatine of Pembroke and of Hexam Anno 33 Hen. 8. cap. 10. which last did belong to the Archbishop of York This Act nor any thing therein contained shall not extend to the County Palatine of Hexam within the County of Northumberland ne to the County Palatine of Ely within the County of Cambridge c. But by the Stat. 14 Eliz cap.
Hillaire prochain venant William Clopton du Counte de Suffolke Esquier pour adunques respondre devant nous ou nostre Lieutenant en la Cour de Chivalrie a Robert Eland Esquier de Counte de Norfolk de ce que le dit Robert adunques luy sur mettra par voie de Armes ad appose le Seel de ces Armes a un faux forge fait as domages du dit Robert de Cl. plus a ce quil dit Remandantz par d'evers nous a dit jour ove icest nostre mandement tout ce que vous en aurez faitz Donne soubz le seel du nostre Office le xxiii jour de Nov. l'an du regne nostre Signieur le Roy sisme puis le Conquest cetisme Courtilage See Curtilage Couthutlaugh Sax. Couch sciens Utlaugh exlex Is he that willingly receives a Man out-lawed and cherishes or conceals him In which case he was in ancient time subject to the same punishment that the Outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. Cranage Cranagium Is a liberty to use a Crane for drawing up Wares from the Vessels at any Creek of the Sea or Wharff unto the Land and to make profit of it It signifies also the Money paid and taken for the same New Book of Entries fol. 3. Crastino Sancti Uincentii i. the morrow after the Feast of St. Vincent the Martyr which is 22 Januarii Is the date of the Statutes made at Merton Anno 20 Hen. 3. Cravent or Craven In a tryal by Battel upon a Writ of Right the ancient Law was That the Victory should be proclaimed and the vanquished acknowledge his fault in the audience of the people or pronounce the horrid word Cravant in the name of Recreantise c. and presently Judgment was to be given and after this the Recreant should Amittere liberam legem that is He should become infamous c. See 2 Part. Instit fol. 247 248. We retain the word still for a Coward If the Appellant joyn Battel and cry Craven he shall lose liberain legem but if the Appellee cry Craven he shall be hanged 3 Inst fol. 221. Crayer Seems to be a kinde of small Sea-Vessel or Ship mentioned in the Stat. 14 Car. 2. cap. 27. Creansor Creditor of the Fr. Coyance persuasio Signifies him that trusts another with any debt be it in Money or Wares Old Nat. Br. fol. 67. Anno â8 Edw. 3. cap. 5. Creast-tile See Roof-tile Créek Creca Seems to be a part of a Haven where any thing is landed from the Sea So that when you are out of the main Sea within the Haven look how many Landing places you have so many Creeks may be said to belong to that Haven See Cromp. Jurisd fol. 110. a. This word is mentioned in the Stat. 2 Hen. 4. cap. 5. 5 Eliz. cap. 5. and 14 Car. 2. cap. 28. and in Plow Casu Ronyger Fogassa Crocards A sort of Money See Pollards Croft Sax Croftus Crofta A little Close or Pitle enclosed near a Dwelling House for any particular use Possunt etiam dicti Monachi de ersdem mariscis versus occidentem jacentibus pro se hominibus sive tenentibus suis includere Crofâos sive pratum juxia pontem separalitèr quantum illis placuerit Ingulf In some ancient Deeds Crufta occurs as the Latin word for a Croft but Cum Toftis Croftis is most frequent Crosses Cruce signati Are used by Britton cap. 122. for Pilgrims because they wear the sign of the Cross upon their Garments Of these and their Priviledges read Bracton lib. 5. pâ 2. cap. 2. and pa. 5. cap. 29. And the Grand Customary of Normandy cap. 49. Under this word are also signified the Knights of S. John of Jerusalem created for the deâence of Pilgrims and all those worthy Men of the Nobility and Gentry of England who in the Reigns of King Henry the Second Richard the First Henry the Third and Edward the First were Cruce signati as dedicating and listing themselves to the Wars for the recovery of Jerusalem and the Holy Land Greg. Syntag. lib. 1â cap. 13 14. Euekingstool or Cokestool Tumbrella Is an Engin invented for the punishment of Scolds and unquiet Women by Ducking them in the Water called in ancient time a Tumbrel Lamb. Eiren. lib. 1. cap. 12. Bracton writes this word Tymborella Kitchin cap. Charge in Court Leet fol. 13. a. says Every one having view of Frank-pledge ought to have a Pillory and a Tumbrel This was in use even in our Saxons time by whom it was called Sâeal ãâã ãâã ãâã ãâã ãâã and described to be Cathedra in qua rixosae mulieres sedentes aquis demergebantur And was a punishment anciently inflicted upon Brewers and Bakers transgressing the Laws who were thereupon in such a Stool or Chair to be ducked and immerged in Stercore some muddy or stinking Pond Cudutlaugh See Couthutlaugh Cut antè divortium Is a Writ which a Woman divorced from her Husband hath to recover Lands or Tenements from him to whom her Husband did alienate them during the marriage because during the marrige she could not gainsay it Reg. of Writs fol. 233. Fitâ Nat. Br. fol. 204. Cui in vita Is a Writ of Entry which a Widow hath against him to whom her Husband alienated her Lands or Tenements in his life time which must specifie that During his life she could not withstand it Reg. of Writs fol. 232. Fitz. Nat. Br. fol. 193. See the New Book of Entries verbo Cui in vita Culagium Is when a Ship is laid in the Dock to be repaired M. S. Arth. Trevor Arm. de Plac. Edw. 3. Culvertage Culvertaginm from Culum vertere to turn tail Omnes cum equis armis jussit sub nomine Culvertagii convenire Matth. Paris fol. 233. That is under the penalty of Cowardise or being accounted Cowards See Gloss in x. Scriptores Cunage Cunagium De Cunagio Stanneriae de emptione totius Stanni in Com. Devon Cornub. Rot. Pat. 21 Edw. 3. See Coinage Cuneus A Mint or place to Coyn Money in Mandatum est Reginaldo de Cornhil c. Sciatis quod concessimus venerabili Patri nostro Cicestr Fpiscopo quod habeat Cuneum suum in Civitate Cicestriae quod currat donec nostri in eadem civitate currant tunc una cum illis currat Et ideo vobis praecipimus quod ei vel certo nuncio suo Cuneum illum habere sine dilatione faciatis ãâã 29 Apr. Claus 6 Joh. m. 3. Cuntey-Cuntey Is a kinde of tryal as appears by Bracton in these words Negotium in hoc casu terminabitur per Cuntey-Cuntey sicut inter Cohaeredes And In brevi de recto negotium terminabitur per Cuntey-Cuntey which seems to be as much as the Ordinary Jury Bracton lib. 4. tract 3. cap. 18. Curfeu Ignitegium of the Fr. Couvrir feu i. Cover the Fire Signifies an Evening Peal by which the Conqueror
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
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
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 âam 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 âr 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. Râg 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
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
against the Steward or Marshal for holding Plee in his Court of Freehold or for trespass or contracts not made within the Kings houshold Fitz. Nat. Br. fo 241. Super Statuto de articulis Cleri ca. 6. Is a Writ against the Sheriff or other Officer that distrains in the Kings High-way or in the Glebeland anciently given to Rectories Fitz. Nat. Br. fo 173. Supervisor Lat. A Surveyor or Overseer It was anciently and still is a Custome among some especially of the better sort to make a Supervisor of a Will an Office or Title as it is now carelesly executed to little purpose and of as little use however the intendment may be good viz. That he should supervise the Executors and see the Testators will punctually performed Supervisor of High-wayes Anno 5 Eliz. ca. 13. Is otherwise called Surveyor See Surveyor Supplicavit Is a Writ issuing out of the Chancery for taking the surety of Peace against a Man It is directed to the Justices of Peace and Sheriff of the County and is grounded upon the Statute 1 Edw. 3. ca. 16. which ordains that certain persons shall be assigned by the Chancellor to take care of the peace See Fitz. Nat. Brev. fo 80. This Writ was of old called Breve de minis as Lam. in his Eiren. notes out of Reg. of Writs fo 88. Sur cui in vita Is a Writ that lies for the heir of that Woman whose Husband has alienated her Land in Fee and she brings not the Writ Cui in vita for the recovery of her own Land in this case her heir may have this Writ against the Tenant after her decease Fitz. Nat. Br. fo 193. Surcharge of the Forest Superoneratio Forestae Is when a Commoner puts on more Beasts in the Forest than he has right unto Manwood Par. 2. ca. 14. nu 7. and is taken from the Writ De secunda superoneratione pasturae in the same sence when the Commoner surchargeth 3 Inst fo 293. Surplusage Fr. Surplus i. Corollarium additamentum Signifies a superfluity or addition more than needs which sometimes is a cause that a Writ abates Brooke tit Nugation Superfluity fo 100. Plowden Casu Dives contra Maningham fo 63. b. It is sometime also apply'd to matter of account and signifies a greater disbursment than the Charge of the Accountant amounts unto Satisfaciant in omnibus quod conjunctum fuerit per praedictum computum inter eos de surplusagio recepto de averiis venditis c. Ordinatio de marisco Romeneiensi Pa. 38. Surrejoynder Is a second defence of the Plaintiffs Action opposite to the Defendants Rejoynder West Part 2. Symbol tit Supplications Sect. 57. And therefore Hotoman calls it Triplicationem quae est secunda Actoris defenfio contra Rei duplicationem appusita Surrebutter A second Rebutter or a Rebutting more then once See Rebutter Surrender Sursum redditio Is an Instrument in Writing testifying with apt words that the particular Tenant of Lands or Tenements for Life or Years does sufficiently consent and agree that he who hath the next or immediate Remainder or Reversion thereof shall also have the present estate of the same in Possession and that he yields and gives up the same unto him For every Surrender ought forthwith to give a possession of the thing surrendred West Par. 1. lib. 2. sect 503. where you may see divers Presidents And a Surrender may be of Letters Patent to the King to the end he may grant the estate to whom he pleaseth But there may be a Surrender without writing and therefore there is said to be a Surrender in Deed and a Surrender in Law The first is that which is really and sensibly performed the other is in intendment of Law by way of consequent and not actual Perkins Surrender fol. 60â As if a Man have a Lease of a Farm and during the term he accept of a new Lease this Act is in Law a Surrender of the former Coke 6 Rep. fol. 11. b. There is also a Customary Surrender of Copihold Lands for which see Coke on Littl. sect 74. Surrogate Surrogatus One that is substituted or appointed in the room of another most commonly of a Bishop or the Bishops Chancellor Sursise Supersisae Seems to be an especial name used in the Castle of Dover for such Penalties and Forfeitures as are laid upon those that pay not their Duties or Rent for Castleward at their days Anno 32 Hen. 8. cap. 48. Bracton hath it in a general signification Lib. 5. tract 3. cap. 1. num 8. and Fleta lib. 6. cap. 3. Surveyor Supervisor Is compounded of two French words Sur i. Super and Veois i. Cernere intueri Signifies one that hath the over-seeing or care of some great persons Lands or Works As the Surveyor-General of the Kings Mannors Cromp Jurisd fol. 106. And in this signification it is taken Anno 33 Hen. 8. cap. 39. where there is a Court of Surveyors erected Surveyor of the Kings Exchange An. 9 Hen. 5. stat 2. cap. 4. Was an Officer whose name seems in these days to be changed into some other or the Office it self being very ancient legal and profitable for the Common-wealth disused Survivor from the Fr. Survivre i. Superesse Signifies the longer liver of two Joynt-tenants See Brook tit Joynt-tenants fol. 33. or of any two joyned in the right of any thing Suskin See Galli halfpence Suspense or Suspension Suspensio Is a Temporal stop or hanging up as it were of a Mans right as when a Seignory Rent c. by reason of the Unity of Possession thereof and of the Land out of which they issue are not in esse for a time tunc dormiunt but may be revived or awaked and differs from Extinguishment which dies for ever Coke on Littl lib. 3. cap. 10. sect 559. Brook tit Extinguishment and Suspension fol. 314. Suspension Is also sometimes used by us as it is in the Cannon Law Pro minori Excommunicatione Anno 24 Hen. 8. cap. 12. Suspiral from the Lat. Suspirare âi Ducere suspiria Seems to be a Spring of Water passing under the Ground toward a Conduit or Cistern Anno 35 Hen. 8. cap. 10. Sute See Suite Sute-silver Is a small Rent or sum of Money which if paid does excuse the Freeholders from their appearance at the Court Barons within the Honor of Clun in Shropshire Swan-heard See Kings Swan-heard Swanimote or Swainmote Swainmotus From the Sax. swang i. as we now call our Rusticks A Countrey Swain a Boclandman A Freeholder and gemote i. Conventus the Sax. g being usually turned into i or y signifies a Court touching matters of the Forest kept by the Charter of the Forest thrice in the year before the Verderors as Judges Anno 3 Hen. 8. cap. 18. What things are inquirable in the same you may read in Cromp. Jurisd fol. 180. And is as incident to a Forest as a Court of Pâe powder to a Fair. See Lamberts Explication of Saxon words verbo
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 Mâsn 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 cârtae 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
Normannorum atque Cynomannensium 1066 Oct. 14 20 11 22 583 Sept. 9 2 Willielmus Rex Anglorum Willielmus dei gratia nutu Dei Rex Anglorum 1087 Sept. 9 12 11 18 570 Aug. 1 1 Henric is Rex Anglorum Henricus Dei gratia Rex Anglorum Henricus gratia Dei Rex Anglorum Princeps Normannorum 1100 Aug. 1 35 4 1 535 Dec. 1 Stephanus Rex Anglorum Stephanus Dei gratia Rex Anglorum 1135 Dec. 1 18 11 18 516 Oct. 25 2 Henricus Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae 1154 Oct. 25 35 9 8 481 July 6 1 Ricardus Rex Angliae Dux Normaniae Aquitaniae Comes Andegaviae 1189 July 6 9 9 1 471 April 6 Johannes Dei gratia Rex Angliae Dominus Hiberniae Dux Normanniae Aquitaniae Comes Andegaviae 1199 April 6 17 7 0 454 Oct. 19 3 Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Normanniae Aquitaniae Comes Andegaviae Anno Regni 44 He Styl'd himself Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae 1216 Oct. 19 56 1 9 398 Nov. 16 1 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae In Records sometimes named Edward of Westminster 1272 Nov. 16 34 8 6 363 July 7 2 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae And 14 regni added Comes Pontivi Monstroill Pat. 14 Ed. 2. Par. 2 m. 14. Stiled also Edw. of Carnarvan 1307 July 7 19 7 5 344 Jan. 25 3 Edwardus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae Anno 13 Regni he omitted Dux Aquitaniae He was also called Edward of Windsor and was the first that used Post Conquestum in His Title 1326 Jan. 25 51 5 7 293 June 21 2 Ricardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1377 June 21 22 3 14 271 Sept. 29 4 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1399 Sept. 29 13 6 3 257 Mar. 20 5 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae Et Anno Regni 8 Hen. Dei Gratia Rex Angliae haeres Regens Franciae Dominus Hiberniae 1412 Mar. 20 9 5 24 248 Aug. 31 6 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1422 Aug. 31 38 6 8 210 March 4 4 Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1460 March 4 23 1 8 187 April 9 5 Edwardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1483 April 9 0 2 18 187 June 18 3 Ricardus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1483 June 22 2 2 5 185 Aug. 22 7 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae 1485 Aug. 22 23 10 2 162 Apr. 22 8 Henricus Dei gratia Rex Angliae Franciae Dominus Hiberniae Et Anno 10 Regni Henricus octavus Dei gratia c. Anno 13 Regni fidei Defensor was added Et An. 22 Regni in terra Ecclesiae Anglicanae Hiberniae supremum caput was added Et an reg 34 Rex Hiberniae was added 1059 Apr. 22 37 10 2 124 July 28 6 Edwardus Sextus Dei gratia Angliae Franciae Hiberniae Rex fidei Desensor Et in terra Ecclesiae Anglicanae Hiberniae supremum caput 1546 Ian. 28 6 5 19 117 Iuly 26 Queen Mary summon'd her first Parliament by the same Title but soon after omitted Supremum Caput After She Married King Philip She used Her own and his titles c. 1553 Iuly 26 5 4 22 112 Nov. 17 Elizabetha Dei gratia Angliae Franciae Hiberniae Regina Fidei defensor 1558 Nov. 17 44 4 16 68 March 24 Jacobus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1602 Mar. 24 22 8 2 45 March 27 1 Carolus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1625 Mar. 27 23 10 2 22 Ian. 30 2 Carolus Secundus Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei defensor 1648 Ian. 30 Vivat Vivat OGDOSTEICHON TECHNICON Regum Reginarumque Angliae WIl Conq. Will Rufus Henri Steph. Henque secundus Ric. John Henricus tres Edward Rique secundus Post hos regnavit quartus quintus quoque Henri Hen. sextus Edward quartus quintusque Ricardus Tertius Hen. Sept. Oct. Edwardusque Maria Eliz. Jac. Carolus primus CAROLUSQUE SECUNDUS Regnat aeterno vivat praeclarus honore Imperium Oceano famam qui terminet astris A Law-Dictionary Interpreting such difficult Words and obscure Terms as are found either in our Common or Statute Ancient or Modern LAWS A ABactors abactores were stealers of Cattle or Beasts by Herds or great numbers and were distinguished from Fures Nam qui ovem unam surripuerit ut fur coercetur qui gregem ut abactor M. S. Abate from the French abatre or abbatre i. To fell break down or defeat utterly signifies properly to diminish or take away and in our Law-writers it has a like signification For to abate a Castle or Fortlet Old Nat. Br. fol. 45. in Westm 1. cap. 17. is interpreted to beat it down And to abate a Writ is to defeat or overthrow it by some error or exception Britton cap. 48. As he that puts out the Possessor is said to Disseise so he that steps in between the former Possessor and his Heir is said to abate And in the Stat. De conjunctim Feoffatis 34. Edw. 1. The Writ shall be abated that is shall be disabled or overthrown So in Stamfords Pleas of the Crown fol. 148. The Appeal abates by Covin i. The Accusation is defeated by Deceit Anno 11 Hen. 6. cap. 2. The Justices shall cause to be abated and quashed the said Writ See Intrusion Abatement Fr. is sometimes used for the Act of the Abator as the Abatement of the Heir into the Land before he has agreed with the Lord Old Nat. Br. fol. 91. Sometimes for the affection or passing the thing abated as Abatement of the Writ Kitchin fol. 214. And in this signification it is as much as Exceptio dilatoria with the Civilians Brit. cap. 51. or rather an effect of it For the Exception alleaged and made good works the Abatement And this Exception may be taken either to the insufficiency of the Matter or incertainty of the Allegation by misnaming the Plantiff Defendant or place to the variance between the Writ and the Specialty or Record to the incertainty of the Writ Count or Declaration or to the death of either of the parties before Judgment had and for divers other causes Upon which defaults the Defendant may pray That the Writ or Plaint may abate that is the Plaintiffs sute against him may cease for that time To prevent the Abatement of Writs of Error see
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 Litâl 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
Judicial commanding enquiry to be made of any thing touching a Cause depending in the Kings Court for the better execution of Justice as of Bastardy and such like Whereof see great diversity in the Table of the Register Judicial Verbo Ad inquirendum Ad jura Regis Is a Writ that lies for the Kings Clerk against him that sought to eject him to the prejudice of the Kings Title in right of his Crown Of which see Register of Writs fol. 61. a. Admeasurement admensuratio Is a Writ which lies for bringing those to Reason or a Mediocrity that usurp more then their share And this in two Cases the one termed Admeasurement of Dower Admensuratio Dotis where the Widow of the deceased holds from the Heir or his Guardian more in the name of her Dower then of right belongs to her Register of Writs fol. 171. a. Fitz. Nat. Br. fol. 148. In which case the Heir shall be restored to the overplus The other Admeasurement of Pasture Admensuratio pasturae which lies between those who have Common of Pasture appendant to their Freehold or Common by Vicenage in case any of them Surcharge the Common with more Cattle than they ought Regist fol. 156. b. Fitz. Nat. Br. fol. 125. Adminicle adminiculum Aid help support Anno 1 Edw. 4. cap. 1. Administrator Lat. Is he that hath the Goods of a Man dying intestate committed to his charge by the Ordinary and is accountable for the same whensoever it shall please the Ordinary to call him thereto An Action lies against him and for him as for an Executor and he shall be charged to the value of the Goods of the Intestate and no further if it be not by his own false Plea or by wasting the Goods of the dead If the Administrator die his Executors are not Administrators but it behooves the Court to grant a new Administration If a stranger who is neither Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator See the Statutes of Westm 2. cap. 19. And 31 Edw. 3. cap. 11. Administratrix Lat. She that hath such Goods committed to her charge Admiral Admiralius Admirallus Admiralis Capitaneus or Custos Maris signifies An High Officer or Magistrate that hath the Government of the Kings Navy See the Statutes 13 15 Rich. 2. cap. 5. And 3 2 H. 4. cap. 11. 28 Hen. 8. cap. 15. And 27 Eliz. cap. 11. This Officer is in all Kingdoms of Europe that border on the Sea He hath cognizance of the death or maim of a man committed in any great Ship riding in great Rivers beneath the Bridges thereof next the Sea also to arrest Ships in the great Streams for the service of the King or Commonwealth and hath jurisdiction in such Streams during the same voyages And it appears that anciently the Admirals of England had jurisdiction of all causes of Merchants and Mariners hapning not onely upon the main Sea but in all foraign parts within the Kings Dominions and without them and were to judge them in a Summary way according to the Laws of Oleron and other Sea-Laws See Prynnes Animadversions on 4 Inst pag. 75. seq Admission admissio Is when the Bishop upon examination admits a Clerk to be able and says Admitto te habilem Coke on Littl. fol. 344. a. Admittendo Clerico Is a Writ granted to him who hath recovered his right of Presentation against the Bishop in the Common-Bench The form whereof read in Fitz. Nat. Br. fol. 38. And Register of Writs fol. 33. a Admittendo in Socium Is a Writ for the association of certain persons to Justices of Assize formerly appointed Register of Writs fol. 206. a. Adnichiled Anno 28 Hen. 8. cap. 7. Annulled or made void Ad quod damnum Is a Writ that lies to the Sheriff to enquire what hurt it may be for the King to grant a Fair or Market in any Town or place or for the King or any other person to grant any Lands in Fee-simple to any House of Religion or other Body Politick For in such case the Land so given is said to fall into a dead hand that is such an estate and condition that the chief Lords lose all hope of Heriots service of Court and Escheats upon any traiterous or fellonious offence committed by the Tenant For a Body Politick dies not nor can perform personal service to the King or their Mesn Lords as single persons may do And therefore it is reasonable that before any such grant be made it should be known what prejudice it is like to work to the Grantor Of this read more in Fitz. Nat. Br. fol. 221. And see Mortmain Ad terminum qui praeteriit Is a Writ of Entry that lies where a Man having Leased Lands or Tenements for term of life or years and after the term expired is held from them by the Tenant or other Stranger that enjoys the same and deforceth the Lessor Which Writ lies for the Lessor and his heir also Fitz Nat. Br. fol. 201. Advent adventus Is the time from the Sunday that falls either upon S. Andrews day or next to it till the Feast of Christs Nativity Sir Edward Coke 2 Part. Inst fol. 265. says Advent ends eight days after the Epiphany but it is a mistake wherein our Ancestors reposed much reverence and devotion in reference to the approaching solemn Feast For In Adventu Domini nulla Assisa debet capi Int. Placita de temp Regis Johan Ebor. 126. Whereupon there was a Statute ordained Westm 1. cap. 48. That notwithstanding the said usual solemnity and time of rest it should be lawful in respect of Justice and Charity which ought at all times to be regarded to take Assizes of Novel Disseisin Mort d Ancester and Darrcin presentment in the time of Advent Septuagesima and Lent This is also one of the times from the beginning whereof to the end of the Octaves of the Epiphany the solemnizing of marriage is forbidden without special Licence according to these old Verses Conjugium Adventus prohibet Hilarique relaxat Septuagena vetat sed Paschae Octava reducit Rogatio vetitat concedit Trina potestas See Rogation Week and Septuagesima Adultery Anno 1 Hen. 7. cap. 4. Advoutry Adulterium quasi ad alterius thorum Properly spoken of married persons but if onely one of the two by whom this sin is committed be married it makes Adultery which was severely punished by the ancient Laws of this Land not to mention the Julian Law among the old Romans which made it death Edmundus Rex Adulterium affici jussit instar Homicidii LL. suarum cap. 4. Canutus Rex hominem adulterum in exilium relegà ri jussit foeminam nasum aures praecidi LL. par 2. cap. 6. 50. Qui uxoratus faciet Adulterium habet Rex vel Dominus superiorem Episcopus inferiorem LL. Hen. 1. cap. 12. Doomsday tit Chent
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 Fââhid 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.
19 Hen. 7. cap. 20. Afforest afforestare To turn Ground into Forest Charta de Foresta cap. 1. Anno 9 Hen. 3. See more in Forest Affray of the Fr. affros i. A fright Signifies a skirmish or fighting between two or more Lamb. in his Eirenarcha lib. 2. cap. 3. saith It is ofttimes confounded with Assault but they differ in this That an Assault is onely a wrong to the party an Affray is a common wrong And therefore both are enquirable and punishable in a Leet An Affray may also be without word or blow given As if a Man shew himself furnished with Armor or Weapons not usually worn it may strike a fear into others unarmed And so it is used An. 2 Edw. 3. cap. 3. Affri vel Affra Bullocks or Plough-Beasts Vicecomes liberet ei omnia catalla debitoris exceptis bobus Affris carucae Westm 2. cap. 18. And in Northumberland to this day they call a dull or slow Horse a False aver or Afâr Spelm. From whence also may come the word Heyfer for a young Cow Age aetas Fr. aage Signifies that part of Mans life which is from his birth to this or his last day But in Law it is particulary used for those especial times which enable Men or Women to do that which before for want of Age and consequently of Judgment they might not do These in a Man are two at Fourteen years he is at the Age of Discretion Twenty one years is his full Age. Littleton lib. 2. cap. 4. In a Woman there were six Ages observed First at Seven years of Age her Father might of old Distrain the Tenants of his Mannor for Aid to marry her For at those years she may consent to Matrimony Bracton lib. 2. cap. 36. numb 3. Secondly At nine years old she is Dowable for then or within half a year after she is able Promereri dotem virum sustinere Fleta lib. 1. cap. 22. Littl. lib. 1. cap. 5. Which Bracton does notwithstanding limit unto Twelve years Thirdly At Twelve years she is able finally to ratifie and confirm her former consent to Matrimony Fourthly At Fourteen she is enabled to receive her Lands into her own hands and should be out of Ward if she were of this Age at her Ancestors death Fifthly At Sixteen years she should be out of Ward though at the death of her Ancestor she was under Fourteen The reason is Because then she might take a Husband able to perform Knights service Sixthly At Twenty one years she is able to alienate her Lands and Tenements Also at the Age of Fourteen a Man is enabled to chuse his own Guardian and to claim his Land holden in Soccage Dyer fol. 162. Which Bracton Lib. 2. limits at Fifteen years with whom Glanvile also agrees And at Fourteen a Man may consent to Marriage as a Woman at Twelve At the Age of Fifteen years a Man ought to be sworn to keep the Peace An. 34 Edw. 1. Stat. 3. The Age of Twenty one did compel a Man to be Knight that had Twenty pound Land per annum in Fee or for term of life Anno 1 Edw. 2. Stat. 1. Which Statute is repealed 17 Car. 1. cap. 20. That Age also enables him to make Contracts and manage his estate which until that time he cannot do with security of those that deal with him The Age of Twelve years binds to appearance before the Sheriffs and Coroner for enquiry after Robberies Anno 52 Hen. 3. cap. 24. The Age of Fourteen years enables to enter an Order of Religion without consent of Parents Anno 4 Hen. 4. cap. 17. See Coke on Littl. fol. 78. b. Age Prier aetatem precari or aetatis precatio Is a Petition or Motion made in Court by one in his minority having an Action brought against him for Lands coming to him by descent that the Action may rest till he come to full age which the Court in most Cases ought to grant This is otherwise in the Civil Law which enforceth Children in their minority to answer by their Tutors or Curators Agenhine See Hoghenhine Agent and Patient Is when one is the doer of a thing and the party to whom it is done As where a Woman endows herself of the fairest possession of her Husband Agist from the Fr. giste i. A Bed or Resting-place or from gister i. stabulari Signifies to take in and feed the Cattle of Strangers in the Kings Forest and to gather the Money due for the same Charta de Foresta cap. 9. The Officers that do this are called Agistors in English Guest or Gist-takers Crom. Jurisd fol. 146. These are made by the Kings Letters Patent and he hath four of them in every Forest where he has any Pawnage In what their Office consists see Manwood Part 1. Of Forest Laws p. 336. Their Function is termed Agistment as Agistment upon the Sea Banks Anno 6 Hen. 6. cap. 5. This word agist is also used for the taking in of other Mens Cattle into any Mans Ground at a certain rate per week See 4 Part. Instit fol. 293. Agreement Agreamentum Plowden fol. 17. Is a joyning or putting together of two or more Mindes in any thing done or to be done and this is in three manners 1. An Agreement executed at the beginning 2. An Agreement after an Act done by another and is executed also 3. An Agreement executory or to be done The first is such whereof mention is made in the Statute of 25 Edw. 3. cap. 3. of Cloaths which saith That the Goods bought by Forestallers being thereof attainted shall be forfeit to the King if the Buyer thereof have made Gree with the Seller where the word Gree which is otherwise called Agreement Executed signifies Payment for the things or Satisfaction The second is where one does an Act and another agrees or assents thereunto afterwards The third is when both parties at one time are agreed that such a thing shall be done in time to come which is Executory in regard the thing is to be done afterwards Aid auxilium Is all one in signification with the French aide and differs onely in pronunciation if we take it as it is used in our vulgar language But in our Laws it hath divers particular significations as sometimes it signifies a Subsidy An. 14 Edw. 3. Stat. 2. cap. 1. Sometimes a Prestation due from Tenants to their Lords as toward the Relief due to the Lord Paramount Glanvile lib. 9. cap. 3. This the King or other Lord might of old lay on their Tenants for Knighting his eldest son at the age of fifteen years or marrying his daughter at seven Register of Writs fol. 87. a. And that at what rate themselves listed But the Statute of Westm 1. An. 3 Edw. 1. ordained a Restraint herein upon common persons being Lords and tied them to a constant rate And 25 Edw 3. Stat. 5. cap. 11. Provides that the rate set down by the former Statute should hold in the King
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
Incarnation of our Lord JESUS and is used in publick writings sometimes with and sometimes without the year of the Kings reign As the Romans made their computation from the Building of the City Rome and the Grecians by Olympiads So Christians in remembrance of the happy Incarnation of our Saviour reckon their time from thence The day of the Moneth the Year of our Lord and Saviour Christ and the Year of the Kings reign are the usual Dates of Deeds Cokes 2 Inst fol. 675. Annuity annuus redditus Signifies a Yearly Rent to be paid for term of Life or Years or in Fee and is also used for the Writ that lies against a Man for recovery of such a Rent Register of Writs fol. 158. Fitz. Nat. Br. fol. 152. Annuity is otherwise defined to be a certain sum of Money granted to another in Fee-simple Fee-tail for Life or Years to receive of the Grantor or his Heirs so that no Free-hold be charged therewith whereof a man shall never have Assize or other Action but a Writ of Annuity Doctor and Student Dial. 1. cap. 3. Shews several differences between a Rent and an Annuity whereof the first is That every Rent be it Rent-charge Rent-service or Rent-seek is issuing out of Land but an Annuity chargeth the person onely that is to say The Grantor or his Heirs that have Assets by descent The second is That for the recovery of an Annuity no Action lies but onely the Writ of Annuity against the Grantor his Heirs or Successors but of a Rent the same Actions lie as do of Land as the Case requires The third difference is That an Annuity is never taken for Assets because it is no Free-hold in Law nor shall it be put in Execution upon a Statute Merchant Statute Staple or Elegit as a Rent may Dyer fol. 345. numb 2. Coke on Littl. fol. 144. b. Anoisance alias Nusance Fr. Nuisance i. Hurt or Offence Hath a double signification being used as well for any hurt done either to a publick place as High-way Bridge or Common River or to a private by laying any thing that may breed infection by incroaching or such like means As also for the Writ that is brought upon this transgression whereof see more in Nusance The word Anoisance I finde Anno 22 Hen. 8. cap. 5. Ansel weight See Aunsel Apostata capiendo Is a Writ now out of use that lay against one who having entred and professed some Order of Religion brake out again and wandered the Countrey contrary to the Rules of his Order The form whereof with other circumstances you shall finde in the Register of Writs fol. 71. 267. And Fitz. Nat. Br. fol. 233. Apparator Anno 21 Hen. 8. cap. 5 A Messenger that cites offenders to appear in the Spiritual Court and serves the Process thereof Apparlement of the Fr. pareillement i. likewise or in like manner Signifies a resemblance or likelihood as Apparlement of War mentioned in our Statutes Appeal Fr. Appel Is as much as accusatio with the Civilians For as in the Civil Law Cognizance of Criminal Causes is taken either upon inquisition denunciation or accusation so in ours upon Indictment or Appeal Indictment comprehending both Inquisition and Denunciation and Accusation or Appeal is a lawful Declaration of another Mans crime which by Bracton must be Felony at least before a competent Judge by one that sets his name to the Declaration and undertakes to prove it upon the penalty that may ensue of the contrary For the whole course of an Appeal I must refer you to Bracton lib. 3. tract 2. cap. 18. Smith de Republ. Angl. lib. 3 cap. 3. Britton cap. 22 25. And to Stamf. Pl. Coron lib. 2. cap. 6 7 c. An Appeal is commenced two ways either by Writ or by Bill Appeal by Writ is when a Writ is purchased out of the Chancery by one to another to this end that he Appeal a third of some Felony committed by him finding Pledges that he shall do it and deliver this Writ to the Sheriff to be recorded Appeal by Bill is when a Man of himself gives up his Accusation in Writing to the Sheriff or Coroner offering to undergo the burden of Appealing the person therein named This point of our Law among others is drawn from the Normans which appears plainly by the Grand Customary cap. 68. Where there is set down a solemn discourse both of the effects of this Appeal viz. The Order of the Combat and of the Tryal by Inquest which by our Law is in the choice of the Defendant See New Book of Entries verbo Appel Book of Assizes fol. 78. And 3 Part. Inst fol. 131. Appeal of Maihem Is an accusing of one that hath maimed another But that being no Felony the Appeal thereof is but in a manner an Action of Trespass because there is nothing recorded but damages Bracton calls this Appellum de Plagiis Mahemio and writes a whole Chapter of it Lib. 3. Tract 2. cap. 24. See Coke Vol. 4. fol. 43. a. In King Johns time there is recorded an Appeal against a Jew Qui fecit ementulari quendam nepotem suum Appeal of wrong Imprisonment Is used by Bracton for an Action of wrong Imprisonment Lib. 3. Tract 2. cap. 25. Appeal from Appello to call because Appellans vocat reum in judicium Coke on Littl. lib. 2. cap. 11. Is divers times used in our Common Law as in the Civil which is for a removing of a Cause from an Inferior Judge to a Superior As Appeal to Rome Anno 24 Hen. 8. cap. 12. and 1 Eliz. cap. 1. So S. Paul appealed from Festus to Caesar But more commonly for the private accusation of a Murderer by a Person who had interest in the party murdered or of any Felon by one of his Complices in the Fact See Approver and see Coke on Littl. fol. 287. b. Appellor or Appealor Is he who hath committed some Felony which he confesses and now Appeals that is Accuses others who were complices with him And those that are so appealed are called Appealees Anno 28 Edw. 1. See Approver Appendant appendens Is an Inheritance belonging to another that is more worthy as Accessorium principali with the Civilians or Adjunctum subjecto with the Logicians An Hospital may be Appendant to a Mannor Fitz. Nat. Br. fol. 142. Common of Fishing appendant to a Freehold Westm 2. c. 25. Anno 13 Edw. 1. Appendants are ever by Prescription See Coke on Littl. fol. 121. b. Appennage or Apennage Fr. The portion of the Kings younger Children in France a Childes part They have in France a Fundamental Law which they call the Law of Apennages whereby the Kings younger Sons have Dutchies Counties or Baronies granted unto them and their Heirs or Heirs-males of their Bodies the Reversion reserved to the Crown and all Matters of Regality as Coynage Levying Taxes and the like It is derived Ab appendendo or from the German word Avanage which signifies a
figillo meo munitâ confirmavi Hi is testibus Ade Salvag Walt. de novo Menul c. Sine dat Penes Tho. Bridgwater Gen. Assault assultus Is a violent kinde of injury offered to a Mans person of a higher nature then Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib 1. cap. 3. As to rebuke a Collector with foul words so that he departed for fear without doing his Office was taken for an Assault To strike at a Man though he were neither hurt nor hit with the blow was adjudged the like 22 Lib. Ass Plea 60. For Assault does not always necessarily imply a hitting or blow because in Trespass for Assault and Battery a Man may be found guilty of the Assault and excused of the Battery 25 Edw. 3. cap. 24. The Feudists define it thus Assultus est impetus in personam aut locum sive hoc pedibus fiat vel equo aut machinis aut quacunque alia re assiliatur Zasius de Feud pag. 10. num 38. Assach or Assath An. 1 H. 5. cap. 6. Was a strange kinde of Purgation used of old in Wales by the Oaths of 300 Men. For so I finde it explicated in an ancient M. S. Assach est un Jur. de 300 homes in Gales and is now abrogated Assay of Measures and Weights from the Fr. Essay i. a proof or tryal Is the examination used by the Clark of the Market Register of Writs fol. 279. Ac Assisam Assaiam panis vini Cervisiae Paten 37 Hen. 8. Tho. Marrow Assaier of the King Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in prasentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen. 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate Anno 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is called Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign âfalse Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assizes And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Depty is he that does it in the right of another Assise of mort d'auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. F. Nat. Br. fol. 114. Register of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have presented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used see Bracton lib. 4. tract 2. Register of Writs fol. 30. F. Nat Br. fol. 195. Assise de utrum assisa utrum Lies for a Parson against a Lay-man of a Lay-man against a Parson for Land or Tenement doubtful Whether it be Lay-fee or Free-alms And of this sâc Bracton lib. 4. tract 5. cap 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation
Assaisiator Regis Fr. assayeur Is an Officer of the Mint for the due tryal of Silver indifferently appointed between the Master of the Mint and the Merchants that bring Silver thither for exchange Anno 2 Hen. 6. cap. 12. Vessels of Gold shall be assayed Anno 28 Edw. 1. cap. 20. and 18 Car. 2. cap. 5. Mandatum est Will. Hardel Clerico quod convocatis in praesentia sua omnibus monetariis Assaisiatoribus custodibus operariis aliis ministris de Cambiis Regiis London Cantuar. per visum testimonium illorum provideat quod tot tales operarii sint in praedictis Cambiis qui sufficiant ad operationes regias faciendas ne Rex pro defectu hujusmodi ministrorum dampnum incurrat T. apud Wudstoke 10 Junii Claus 17 Hen 3. m. 8. Assembly unlawful Is the meeting of three or more persons to do an unlawful act though they do it not Lamb. Eiren. lib. 1. cap. 19. See Unlawful Assembly Assessor Fleta lib. 2. cap. 15. useth it quasi Ordinator Collocator Dispositor We now use it for him that Assesseth Publick Taxes as two Inhabitants in every Parish were Assessors for the Royal Ayd that is rated every person according to the proportion of his estate An. 16 17 Car. 2. cap. 1. Also an Officer in the Presbyterian Assemblies Assets Fr. Assez i. satis Signifies Goods enow to discharge that burden which is cast upon the Executor or Heir in satisfying the Testators or Ancestors Debts or Legacies In Brook titulo Assets par descent you shall finde That whoever charges another with Assets charges him with having enough descended or come to his hands to discharge that which is in demand Of this there are two sorts Assets per descent and Assets enter mains The first is Where a Man enters into Bond and dies seised of Lands in Fee-simple which descend to his Heirs and are therefore chargeable as Assets in his hands But if the Heir alien the Lands before the Bond be put in suit he is discharged Assets enter mains is when a Man dies indebted leaving to his Executors sufficient to discharge his Debts and Legacies this is Assets in their hands Assign assignare Hath two significations one general as to appoint a Deputy or to set over a right to another in which Britton fol. 122. saith this word was first brought into use in favor of Bastards because they cannot pass under the name of Heirs were therefore comprised under that of Assignes The other special as to point at or set forth viz. To Assign Error is to shew in what part of the Process Error is committed To assign false Judgment is to declare how and where the Judgment is unjust To assign a false Verdict Old Nat. Br. fol. 17 19 112. To assign Waste is to shew wherein especially the Waste is committed Register of Writs fol. 72. Assign in the general signification is used Anno 20 Edw. 1. and 11 Hen. 6. cap. 2. in these words Justices assigned to take Assises And the Substantive Assignment hath the same signification as the Assignment of a Lease is the setting over or transferring the Lessees interest to another Assignee Is he that is deputed or appointed by another to do any act or perform any business or enjoy any commodity and he may be so either by Deed or in Law Assignee by Deed is when a Lessee of a term sells and assigns the same to another that other is his Assignee by Deed. Assignee by Law is he whom the Law so makes without any appointment of the person as an Executor is the Assignee in Law to the Testator who dies possessed of a Lease made to him and his Assignes Perkins tit Grants says An Assignee is he that possesses or enjoys a thing in his own right and Deputy is he that does it in the right of another Assise is derived from the French Assis i. assessum locatum definitum and is diversly used Littleton Cha. Rents says it is Aequivocum and sets down three significations of it One as it is taken for a Writ another as it is used for a Jury the third for an Ordinance i. Assise is a Writ dirâcted to the Sheriff for Recovery of Possession of things immoveable whereof your self or Ancestors have been disseised and this is as well of things corporal as incorporeal Rights being of four sorts viz. Assise of Novel Disseisin Assisa novae Disseisinae Lies where a Tenant in Fee-simple Fee-tail or for Life is lately disseised of his Lands or Tenements Rent-service Rent-seck or Rent-charge Common of Pasture c. and divers other such like of which you may read Glanvile lib. 10. cap. 2. Bracton lib. 4. tract 1. Britton cap. 70. Reg. of Writs fol. 197. Fitz. Nat. Br. fol. 177. Westm 2. cap. 25. Anno 13 Edw. 1. And to this may aptly be added the Bill of Fresh force which is directed to the Officers or Magistrates of Cities or Towns-corporate being a kinde of Assise for Recovery of Possession in such places within forty days after the force as the ordinary Assise is in the County Fitz. Nat. Br. fol. 7. Assise of Mort d'Auncester Assisa mortis antecessoris Lies where my Father Mother Brother Sister Uncle Aunt c. died seised of Lands Tenements Rents c. that he had in Fee-simple and after his death a stranger abates And it is good as well against the Abator as any other in possession How likewise this is extended see Bracton lib. 4. tract 3. per totum Britton cap. 70. Fitz. Nat. Br. fol. 114. Reg. of Writs fol. 223. Assise of darrein presentment assisa ultimae praesentationis Lies where I or my Ancestor have prsented a Clerk to a Church and after the Church being void by his death or otherwise a stranger presents his Clerk to the same Church in my disturbance And how otherwise this Writ is used See Bracton lib. 4. tract 2. Register of Writs fol. 30. Fitz. Nat. Br. fol. 195. Assise de utrum Assisa utrum Lies for a Parson against a Lay-man or a Lay-man against a Parson for Land or Tencment doubtful Whether it be Lay-fee or Free-alms And of this see Bracton lib. 4. tract 5. cap. 1. seq Britton cap. 95. The reason why these Writs are called Assises may be divers First because they settle the Possession and so an outward right in him that obtains by them Secondly They were originally executed at a certain time and place formerly appointed For by the Norman Law the time and place must be known forty days before the Justices sit on them And by our Law there must be likewise fifteen days of preparation except they be tried in the standing Courts at Westminster as appears by Fitz. Nat. Br. fol. 177. d e. Lastly They may be called Assises because they are tried most commonly by especial Courts set and appointed for the purpose as may be well proved not onely out of the Customary of Normandy but our Books also
by Hen. 2. Anno 1158. This year the King altered his Coyn abrogating certain peeces called Basels Hollinsh pag. 67. Baselard or Basillard In the Stat. 12 R. 2. cap. 6. signifies a Weapon which Mr. Speight in his Exposition upon Câaucer calls Pugionem vel sicam Bastard Bastardus from the British Bastardd i. nothus Is he or she that is born of any Woman not married so that the Childes Father is not known by the order of Law and therefore is called Filius Populi Cui pater est populus pater est sibi nullus omnis Cui pater est populus non habet ipse patrem Such Bastard cannot inherit Land as Heir to his Father nor can any person inherit Land as Heir to him but one that is Heir of his Body Littl. Sect. 401. If the Childe be begotten by him that does marry her after the Childes Birth yet it is in Judgment of Law a Bastard though the Church holds it legitimate Stat. 20 Hen. 3 9. and 1 Hen. 6. 3. Coke on Littl. 244. If a Man take a Wife who is great with Childe by another who was not her Husband it shall be said the Childe and may be the Heir of the Husband though it were born but one day after the Espousals solemnized If one marry a Woman and die before night and never Bed her and she have a Childe after it seems it shall be accounted his Childe and Legitimate See the English Lawyer 117. If a Man or Woman marry a second Wife or Husband the first being living and have issue by that second Wife or Husband such issue is a Bastard 39 Edw. 3. 14. 7 Hen. 4. 49. 18 Edw 4. 26. If a Woman elope with a Stranger and hath a Childe by him her Husband being infra quatuor maria this is Legitimate and shall inherit the Husbands Land 44 Edw. 3. 10. 7 Hen 4. 10. The punishment of the Mother and reputed Father of a Bastard Anno 18 Eliz. cap. 3. He that gets a Bastard in the Hundred of Middleton in Com. Kent forfeits all his Goods and Chattels to the King M S. de temp Edw. 3. Before the Statute 2 3 Edw. 6. cap. 21. one was adjudged a Bastard Quia filius Sacerdotis Int. Plac. de temp Joh. Reg. Lincoln 42. Bastardy Fr. Bastardage Signifies a defect of Birth objected to one born out of Wedlock Bracton lib. 5. cap. 19. How Bastardy is to be proved or to be enquired into if it be pleaded See Rastals Entries tit Bastardy fol. 104. And the Stat. 9 Hen. 6. cap. 11. Kitchin fol. 64. mentions Bastardy Special and Bastardy General The difference whereof is That Bastardy General is a Certificate from the Bishop of the Diocess to the Kings Justices after such enquiry made that the party enquired of is a Bastard or not a Bastard upon some question of Inheritance Bastardy Special is a Suit commenced in the Kings Court against him that calls another Bastard so termed because Bastardy is the principal case in tryal and no inheritance contended for Whereby it appears that in both these significations Bastardy is rather taken for an examination or tryal whether a Mans Birth be defective or illegitimate than for Bastardy it self See Brook tit Bastardy and Dr. Ridleys Book pag. 203 204. Baston Fr. A Staff Club or Cowlstaff But in our Statutes it signifies one of the Warden of the Fleets Servants or Officers who attends the Kings Courts with a Red Staff for taking such to Ward as are committed by the Court Anno 1 Rich. 2. cap. 12. 5 Eliz. cap. 23. See Tifstaff Batable Ground Was the Land lying between England and Scotland heretofore in question when they were distinct Kingdoms to which it belonged Anno 23 Hen. 8. cap. 6. and 32 Ejusdem cap. 6. As if we should say Litigious or Debatable Ground for by that name Skene calls Ground that is in Debate or Controversie betwixt two Cam. Brit. tit Cumberland Battel Fr. Battaile Signifies a Tryal by Combat The manner whereof being long full of Ceremonies and now difused we must refer you to Glanvile lib. 2. cap. 3 4 5. Bracton lib. 3. tract 2. cap. 21. fol. 140. Britton cap. 22. Smith de Rep. Angl. lib. 2. cap. 7. and lib. 3. c. 3. Coke on Littl. fol. 294. And on Westm 1. fol. 247. See Combat Battery from the Fr. Batre i. to strike or Sax. batte i. fustis Is a violent striking or beating a Man who in regard it tends to the breach of the Peace may therefore either indict the other party whereby he is Fineable to the King or have his Action of Trespass of Assault and Battery against him for every Battery implies an Assault and recover so much in Costs and Damages as the Jury will give him which Action will lie as well before as after the Indictment But if the Plaintiff made the first assault then the Defendant shall be quit and the Plaintiff shall be amerced to the King for his false Suit In some Case a Man may justifie the beating another in a moderate manner as the Parent his Childe the Master his Servant or Apprentice c. This the Civilians call Injuriam personalem Batus Sax. bat A Boat And Batellus a little Boat Concessit etiam idem Hugo Wake pro se Hered suis quod praedictus Abbas Successores sui Ecclesia sua de Croyland habeant tres Batellos in Harnolt c. Charta Edw. 1. 20 âulii 18 Regni See Libera Batella Bay or Pen Is a Pond-head made up of a great height to keep in store of Water so that the Wheels of the Furnace or Hammer belonging to an Iron Mill may be driven by the Water coming thence through a Passage or Flood-gate called the penstock Also a Harbor where Ships ride at Sea near some Port. The word is mentioned Anno 27 Eliz. cap. 19. Beacon from the Sax. Beacen i. signum vel symbolum Anno 8 Eliz. cap. 13. is well known Hence Beaconage Money paid towards the maintenance of a Beacon and we still use the word to becken from the Saxon beacnian to nod unto or signifie See the Statute 5 Hen. 4. And Dors Pat. 28 Hen. 6. par 2. m. 21. Pro signis Anglicè Beacons Vigiliis Bede or Bead Sax. Bead a Prayer so that to say Ones Beads is to say Ones Prayers They were most in use before Printing when poor people could not go to the charge of a Manuscript Prayer-Book These are mentioned in 27 Hen. 8. cap. 26. and 3 Jao cap. 5. Bearding alias Barding of Wool See Clack Bearors Justices of Assie shall enquire bear and determine of Mainteynors Bearors and Conspirators and of those that commit Champarti c. Anno 4 Edw. 3. cap. 11. such as bear down or oppress others maintainers Beasts of Chase Ferae Campestres Are five the Buck the Doe the Fox Martron and Roc. Manwood 1 Part. pag. 342. and 2 Part. cap. 4. num 2. Beasts of the Forest Ferae
Berghmaysters that they faithfully Perform their Duties on the Minery And make Arrests and eke impartially Impanel Jurors Causes for to try And see that Right be done from time to time Both to the Lord and Farmers on the Minc Bernet Incendium from the Sax. byrnan to burn Is one of those crimes which by Henry the First 's Laws cap. 13. Emendari non possunt See Opentheff Bery or Bury from the Sax. Byr i. Habitatio A dwelling place a Mansion-house or Court a chief Farm The cheif House of a Mannor or the Lords Seat is still so called in some parts of England as in Herefordshire there are the Beries of Stockton Luston Hope c. Anciently also used for a Sanctuary Berton Bertona a Sax. bere hordeum ton villa Est area in aversa parte aedium ruralium primartarum in qua horrea stabula vilioris officii aedificia sita sunt in qua fodentur domestica animalia negotiationes rusticae peraguntur Rex Thesaurario Baronibus suis de Scaccario salutem Quia volumus quod Castrum nostrum Glocestriae nec-non Tina Bertona Gloc. corpori dicti Comitatus nostri Gloc. annectantur c. Claus 32 Edw. 1. m. 17. Berwica A Hamlet or Village appurtenant to some Town or Mannor often found in Doomsday from the Sax. bereƿica a Corn-Farm or Villa frumentaria Manerium minus ad maius pertinens non in gremio Manerii sed vel in confinio vel dis-junctiùs interdum situm est Spel. Besaile Fr. Bisayeul i. The Father of the Grand-father Signifies a Writ that lies where the Great Grand-father was seised of any Lands or Tenements in Fee-simple the day he died and after his death a stranger abates or enters the same day uppn him and keeps out his Heir c. The form and further use of this Writ read in Fitz. Nat. Br. fol. 221. Besca A Spade or Shovel From the Fr. bescher to Dig or Delve In communi pastura turbas cum una sola besca fodient nihil dabunt Prior. Lew. Custamar de Hecham pa. 15. Hence perhaps Una bescata terrae inclusa Mon. Angl. p. 2. fol. 642. a. may signifie a peice of Land usually digged such as Gardiners sow Roots in Bestials Fr. Bestiails i. Beasts or Cattle of any sort Anno 4 Edw. 3 cap. 3. It is written Bestail and is generally and properly used for all kinde of Cattle Mentioned also in 12 Car. 2. cap. 4. Bidale or Bid-all Precaria potaria from the Sax. biddan i. To pray or sapplicate Is the invitation of Friends to drink Ale at the House of some poor Man who thereby hopes a charitable contribution for his relief still in use in the West of England and falsly written Bildale in some Copies of Bracton lib. 4. cap. 1. num ult And mentioned 26 Hen. 8. cap. 6. See Sothale Bidding of the Beads Anno 27 Hen. 8. cap. 26. Was anciently an invitation or notice given by the Parish Priest to his Parishioners at some special times to come to Prayers either for the Soul of some Friend departed or upon some other particular occasion And to this day our Ministers do usually on the Sunday precedent bid such Festivals as happen in the week following Holidays that is desire or invite their Parishioners to observe them Bidding comes from the Sax. biddan i. To desire or intreat and Bead in that language signifies a Prayer Bidripe Bidripa See Bederepes Biga Properly a Cart or Chariot drawn with two Horses coupled side to side but in our ancient Records it is used for any Cart Wain or Waggon Et quod eant cum Bigis carris caeteris falleris super tenementum suum c. 2 Mon. Angl. fol. 256. b. Bigamus Is he that hath married two or more Wives or a Widdow as appears in the Statutes 18 Edw. 3. cap 2. and 1 Edw. 6. cap. 12. 2 Part. Cokes Inst fol. 273. Bigamy Bigamia Signifies a double marriage or the marriage of two Wives it is used for an impediment to be a Clerk Anno 4 Edw. 1. 5. Upon those words of S. Paul to Timothy Chap. 5. 2. Oportet ergo Episcopum irreprehensibilem esse unitis uxoris virum Upon which the Canonists founded that Doctrine That he that hath married a Widow is by their interpretation taken to have been twice married And both these they not onely exclude from holy Orders but deny them all Priviledges that belong to Clerks But this Law is abolished by 1 Edw. 6. cap. 12. and 18 Eliz. cap. 7. Which allow to all Men that can read as Clerks though not within Orders the benefit of Clergy in case of Felony not especially excepted by some other Statute Brook tit Clergy Bilanciis deferendis Is a Writ directed to a Corporation for the carrying of Weights to such a Haven there to weigh the Wools that such a Man is licenced to transport Reg. of Writs fol. 270. a. Bilawes or rather By-laws from the Gothish By pagus and lagen Lex or from the Sax. Bilage i. Leges obiter pro re nata conditae are particular Orders made in Court Leets or Court Barons by common assent of the Resiants for the good of those that make them in some particular Cases whereto the Publick Law does not extend Coke Vol. 6. fol. 63. Kitchin fol. 45 79. In Scotland they are called Laws of Burlaw or Birlaw which are made and determined by consent of Neighbors elected by common consent in the Birlaw Courts wherein Knowledge is taken of Complaints betwixt Neighbor and Neighbor which men so chosen are Judges and Arbitrators to the effect aforesaid and are called Birlaw-men For Bawr or Bawrsman in Dutch is Rusticus and so Birlaw or Burlaw Leges Rusticorum Skene By Stat. 14 Car. 2. cap. 5. the Wardens and Assistants for making and regulating the Trade of Norwich Stuffs are impowred to make By-Laws c. Anno 20 Car. 2. cap. 6. Bilinguis Signifies in the generality a double-tongued Man or one that can speak two Languages yet it is used for that Jury which passeth in any Case betwixt an Englishman and an Alien whereof part must be Englishmen and part strangers Anno 28 Edw. 3. cap. 13. Bill Billa Is diversly used First it is a security for Money under the Hand and Seal of the Debtor and is without condition or forfeiture for non-payment 2. Bill is a Declaration in Writing expressing either the wrong the Complainant hath suffered by the party complained of or else some fault committed against some Law or Statute of the Realm This Bill is most commonly addressed to the Lord Chancellor of England especially for unconscionable wrongs done sometimes to others having Jurisdiction according as the Law whereon they are grounded does direct It contains the Fact complained of the Damages thereby sustained and Petition of Process against the Defendant for redress See more in West par 2. Symbol tit Supplications Bill of Store Is a kinde of
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. ãâã ãâã ãâã ãâã ãâã Pascere Boscaria Ut ipsi possunt domos
made in the Reigns of Henry the Third Edward the First or Second but uncertain which set down in Poulton fol. 110. cap. 4. 9. Toll shall be taken by the Rase and not by the Heap or Cantel which seems to signifie the same we now call the Lump as to buy by Measure or by the Lump Cantred or rather Cantref Cantredus Signifies an Hundred Villages being a British word compounded of the Adjective Cant i. An Hundred and Tref a Town or Village In Wales the Counties are divided into Cantreds as in England into Hundreds The word is used Anno 28 Hen. 8. cap 3. Capacity capacitas An aptness to contain or receive Our Law allows the King two Capacities A Natural and a Politick In the first He may purchase Lands to Him and His Heirs in the later to Him and His Successors And a Parson hath the like Cape of Good Hope Cabo de bon ' speranza A Promontory or Elbow of Land that lies in Cafraria a Province of Aethiopia Inferior and was first discovered by the Portugals under the command of Bartholomew Diaz Helyns Cosmog fol. 984. and is mentioned in the Stat. 12 Car. 2. cap. 18. Cape Lat. Is a Writ Judicial touching Plea of Land or Tenements so termed as most Writs are of that word which carries the especial est intention or end of it And this Writ is divided into Cape Magnum and Cape Parvum Both which as is before said in Attachment take hold of things immoveable and seem to differ in these points First Because Cape Magnum or the Grand Cape lies before appearance and Cape Parvum afterward Secondly The Cape Magnum summons the Tenant to answer to the Default and over to the Demandant Cape Parvum Summons the Tenant to answer to the Default onely and therefore is called Cape Parvum or Petit Cape Old Nat. Br. fol. 161 162. Yet Ingham saith it is called Petit Cape not because it is of small force but that it consists of few words Cape Magnum in the Old Nat. Br. is thus defined Where a Man hath brought a Praecipe quod Reddat of a thing that touches Plea of Land and the Tenant makes default at the day to him given in the Original Writ then this Writ shall go for the King to take the Land into His hands and if the Tenant come not at the day given him thereby he loseth his Land c. A Form of this Writ you may see in the Reg. Judicial fol. 1. b. Of this Writ and the Explication of its true force and effect read Bracton lib 3. tract 3. cap. 1. num 4 5 6. Cape Parvum or Petit Cape in Old Nat. Br. fol. 162. Is thus defined Where the Tenant is summoned in Plea of Land and comes at the Summons and his appearance is of Record and at the day given him prays the View and having it granted makes default then shall Issue this Writ for the King c. The difference betwixt the Grand Cape and Petit Cape which in effect or consequence are alike is that the Grand Cape is Awarded upon the Defendant or Tenants not appearing or demanding the View in such Real Actions where the Original Writ does not mention the parcels or particulars demanded And the Petit Cape after Apparence or View granted It s Form see in Reg. Jud. fol. 2. and Fleta lib. 6. cap. 44. Cape ad Valentiam Is a Species of Cape Magnum so called of the end whereto it tends and in Old Nat. Br. fol. 161. thus described Where I am impleaded of Lands and I vouch to warrant another against whom the Summons Ad Warrantizandum hath been Awarded and the Sheriff comes not at the day given then if the Demandant recover against me I shall have this Writ against the Vouchee and shall recover so much in value of the Lands of the Vouchee if he hath so much if not then I shall have execution of such Lands and Tenements as descend to him in Fee or if he purchase afterwards I shall have against him a Resummons and if he can say nothing I shall recover the value This Writ lies before Apparence Of these and their divers uses see the Table of the Reg. Judicial verbo Cape Capias is a Writ of two sorts one before Judgment called Capias ad Respondendum where the Sheriff upon Original or other Writ in a Personal Action returns Nihil habet in Baliva nostra The other is a Writ of Execution after Judgment being also of divers kindes as Capias ad Satisfaciendum Capias pro Fine Capias Utlagatum after Judgment c. Capias ad Satisfaciendum Is a Writ of Execution after Judgment lying where a Man recovers in an Action Personal as for Debt Damages Detinue c. in the Kings Court In which case this Writ Issues to the Sheriff commanding him to take the body of him against whom the Debt is recovered who shall be put in prison till he make satisfaction Capias pro Fine Is where one being by Judgment fined to the King upon some offence committed against a Statute does not discharge it according to the Judgment By this therefore is his body to be taken and committed to prison until he pay the Fine Coke lib. 3. fol. 12. Or where upon a Non est factum pleaded his Plea is by evidence or his own after-acknowledgment not made out or verified and the like Capias Utlagatum Is a Writ which lies against him who is outlawed upon any Action Personal or Criminal by which the Sheriff apprehends the party outlawed for not appearing upon the Exigend and keeps him in safe custody till the day of return and then presents him to the Court there farther to be ordered for his contempt which if in the Common Pleas was in former times to be committed to the Fleet there to remain till he had sued out the Kings Charter of Pardon and appeared to the Action At present in the Kings Bench the Outlary cannot be reversed unless the Defendant appear in person and by a present of Gloves to the Judges implore and obtain their savor to reverse it And in the Common Pleas the Defendant not being an Executor or Administrator is now to give good Bail which he is allow'd to do by Atturny to answer the Action if the Debt or Damage demanded be 20 l. or above and to pay the Plaintiffs charges before the outlary be reversed And by a special Capias Utlagatum in the same Writ the Sheriff is commanded and may seize all the Defendants Lands Goods and Chattels for the contempt to the King and the Plaintiff may after an Inquisition taken thereupon and returned into the Exchequer obtain a Lease of the Lands extended and a grant of the Goods whereby to compel the Defendant to appear which when he shall do and reverse the Utlary are to be restored to him See Old Nat. Br. fol. 154. and Table of Reg. Judic verbo Capias Capias in Withernamium de Averiis
consensi subscripsi Acta est autem haec donatio Anno DCC XII Indictione prima Ex Reg. Glaston Caenob penes Rad. Sheldon Arm. Castel Castellum Is well known Certum est Regis Hen. 2. temporibus Castella 1115 in Anglia Extitisse Every Castle contains a Mannor so as every Constable of a Castle is Constable of a Mannor 2 Part. Instit fol. 31. Castellain Fr. Chastellain The Lord Owner or Captain of a Castle or sometimes the Constable of a Castle or Fortified House Bracton lib. 5. tract 2. cap. 16. and Lib. 2. cap. 32. num 2. And used in like sence 3 Edw. 1 cap. 7. It is sometimes taken for him that hath the custody of one of the Kings Mansion Houses though not a Castle or place of Defence 2 Part. Inst fol. 31. Manwood Part. 1. pag. 113. saith There is an Officer of the Forest called Castellanus who had the command of all or part of the Forest Of the use and extent of this Officer in France see Cotgraves Dictionary verbo Chastellain Castelward Castelgardum vel Wardum Castri Is an Imposition laid upon such as dwell within a certain compass of any Castle towards the maintenance of such as watch and ward the Castle Magna Charta cap. 20. and 32 Hen. 8. cap. 48. It is sometimes used for the very circuit it self which is inhabited by such as are subject to this service As in Stows Annals pag. 632. Et capere ibidem Castleward viz. De qualibet districtione infra feodum ipsius Ducis capt ad Castrum de Halton ducti ibidem una de causa si per solam noctem pernoctaverit quatuor Denar Pl. apud Cestriam 31 Edw. 3. Casu consimili Is a Writ of Entry granted where Tenant by Curtesie or Tenant for Life or for anothers Life Aliens in Fee or in Tail or for term of anothers life And it takes name from this that the Clerks of the Chancery did by their common consent frame it to the likeness of the Writ called in Casu Proviso according to the Authority given them by the Stat. Westm 2. cap. 24. Which as often as there happens any new Case in Chancery something like a former yet not specially fitted by any Writ authorises them to lay their Heads together and to frame a new form answerable to the new Case and as like some former as they may And this Writ is granted to him in Reversion against the party to whom the said Tenant so Aliens to his prejudice and in the Tenants life time The form and effect whereof read more at large in Fitz. Nat. Br. fol. 206. Casu Proviso Is a Writ of Entry given by the Statute of Glocester cap. 7. in case where a Tenant in Dower Aliens in Fee or for Term of Life or in Tail and lies for him in Reversion against the Alienee Fitzh Nat. Br. fol. 205. Catals See Chatels Catallis captis nomine districtionis Is a Writ that lies within a Borough or within a House for Rent going out of the same and warrants a Man to take the Doors Windows or Gates by way of Distress for the Rent Old Nat. Br. fol 66. Catallis Reddendis Is a Writ which lies where Goods being delivered to any Man to keep till a certain day and are not upon demand delivered at the day It may be otherwise called a Writ of Delivery See more of it in the Reg. of Writs fol. 139. and in Old Nat. Br. fol. 63. This is answerable to Actio Dispositi in the Civil Law Catchpol Chachepollus Cacepollus quasi One that catches by the Poll Though now taken as a word of Contempt yet in ancient times it was used without reproach for such as we now call Sergeants of the Mace Bailiffs or any other that use to Arrest Men upon any Action Anno 25 Edw. 3. Stat. 4. cap. 2. Hospitalarii Tenent in Hereford unum Mesuagium quod Philippus filius Odonis tenuit per Seriantiam Chachepolli quod eis legavit in puram eleemosynam Rot. de Seriantiis in Heref. temp Hen. 3. in custod Camerar Scaccarii Cathedral See Church Cathedratick Cathedraticum Is a Sum of 2 s. paâd to the Bishop by the Inferior Clergy In Argumentum subjectionis ob honorem Cathedrae See Hist of Procurations and Synodals pag 82. Caulceis Anno 6 Hen. 6. cap. 5. Caucies 1 Edw. 4. 1. I think it should be written Causways from the old French word Cauz now Caillon a Flint and is well known to signifie ways pitched with Flint or other Stone in Lat. Calceta pro ponte calceto reparand Pat. 18 Hen. 6. pag. 2. m. 22. I have also seen it written Calceya Casea and Calsetum in old Records Caursines Caursini Were Italians by Birth and came into England about the year 1235 terming themselves the Popes Merchants driving no other trade then letting out Money and had great Banks thereof in England and differed little from Jews save that they were rather more merciless to their Debtors Some will have them called Caursines quasi Causa ursini Bearish and cruel in their Causes others Caursini quasi Corrasini from scraping all together The theu Bishop of London excommunicated them See Matth. Paris p. 403. Causam nobis significes Is a Writ directed to a Major of a City or Town c. who was formerly by the Kings Writ commanded to give seifin to the Kings Grantee of any Lands or Tenements and delays to do it willing him to shew cause why he so delays the performance of his duty Coke lib. 4. Casu Communaltie des Sadlers fol. 55. b. Causa Matrimonii Praelocuti Is a Writ which lies in case where a Woman gives Lands to a Man in Fee to the intent he shall marry her and refuseth to do it in reasonable time being thereunto required The form and further use of it see in Reg. of Writs fol. 233. and Fitz. Nat. Br. fol. 205. Cautione admittenda Is a Writ that lies against a Bishop holding an excommunicate person in prison for his contempt notwithstanding he offers sufficient Caution or Assurance to obey the Orders and Commandments of Holy Church from thenceforth The form and further effect whereof see in Reg. of Writs pag. 66. and Fitz. Nat. Br. fol. 63. Caya A Key or Water-lock from the Sax. Caeg. See Kay Ceapgild Sax. Ceap pecus gild solutio Pecudis seu catalli restitutio Cellerarius alias Cellarius Officialis est in Monasterio qui fratrum stipendia servat administrat M. S. Century See Hundred Cepi Corpus Is a Return made by the Sheriff upon a Capias or other Process for the like purpose that he hath taken the Body of the party Fitz. Nat. Br. fol. 26. Cerage Ceragium See Waxshot Cert Money quasi Certain Money Head-money or Common Fine paid yearly by the Resiants of several Mannors to the Lords thereof Pro certo Letae for the certain keeping of the Leet and sometimes to the Hundred As the Mannor of Hook in Dorsetshire pays Cert-money
to the Hundred of Egerdon This in ancient Records is called Certum Letae See Common Fine Certificat Lat. Is used for a Writing made in any Court to give notice to another Court of any thing done therein For example a Certificat of the cause of Attaint is a Transcript made briefly by the Clerk of the Crown Clerks of the Peace or of Assise to the Court of Kings Bench containing the Tenor and Effect of every Indictment Outlary or Conviction or Clerk attainted made or pronounced in any other Court Anno 34 H. 8. cap. 14. Broke fol. 119. Certification of Assise of Novel Disseisin c. Certificatio Assisae novae Disseisinae c. Is a Writ granted for the reexamining or review of a matter passed by Assise before any Justices Of which see Reg. of Writs f. 200. And the New Book of Entries verbo Certificat of Assise This is used when a Man appearing by his Bailiff to an Assise brought by another hath lost the day and having something more to plead for himself as a Deed of Release c. which the Bailiff did not or might not plead for him desires a farther examination of the cause either before the same Justices or others and obtains Letters Patent to them to that effect The Form of which Letters see in Fitz. Nat. Br. fol. 181. and that done brings a Writ to the Sheriff to call both the party for whom the Assise passed and the Jury that was empaneld on the same before the said Justices at a certain day and place And it is called a Certificat because therein mention is made to the Sheriff that upon the parties complaint of the Defective Examination or Doubts yet remaining upon the Assise paâsed the King hath directed His Letters Patent to the Justices for the better certifying themselves whether all Points of the said Assise were duly examined Of this read Bracton lib. 4. cap. 19. num 4. and Horns Mirror lib. 3. Certificando de recognitione Stapulae Is a Writ directed to the Major of the Staple c. commanding him to certifie the Lord Chancellor of a Statute Staple taken before him in case where the party himself detains it and reâuse h ãâ¦ã bring it in Reg. of Writs fol. 152. b. The like may be understood of Certificando de Statuto Mercatorio fol. 148. And De Certificando in Cancellariam de Inquisitione de Idemptitate nominis fol. 195. And Certificando quando Recognitio c. And Certificando quid actum est de brevi super Statutum Mercatorium fol. 151. And Certificando si loquela Warrantiae fol. 13 Certiorari Is a Writ issuing out of the Chancery to an Inferior Court to call up the Records of a Cause there depending that conscionable Justice may be done therein upon complaint made by Bill that the party who seeks the said Writ hath received hard dealing in the said Court See the divers Forms and Uses of it in Fitz. Nat. Br. fol. 242. As also the Register both Original and Judicial in the Tables verbo Certiorari Crompton in his Justice of Peace fol. 117. says This Writ is either returnable in the Kings Bench and then hath these words Nobis mittatis or in the Chancery and then hath in Cancellaria nostra or in the Common Bench and then Justiciariis nostris de Banco Cessavit Is a Writ that lies in divers Cases as appears by Fitz. Nat. Br. fol. 280. Upon this general ground i. That he against whom it is brought hath for two years neglected to perform such Service or to pay such Rent as he is tied to by his tenure and hath not upon his Land or Tenements sufficient Goods or Cattle to be distrained See Fleta lib. 5. cap. 34. sect visa sunt See Cessavit de Cantaria Cessavit de feodi firma Cessavit per biennium in Reg. of Writs fol. 237 238. And New Book of Entries verbo Cessavit It lies not but for Annual Service as âeat and such like not for Homage or Fealty Cesses Anno 22 Hen. 8. cap. 3. Seems to signifie Assessments or Taxes Cesse or Ceasse in Ireland is an exaction of Provision of Victuals at a certain rate for the Deputies Family and the Soldiers in Garison Sir Rich. Bakers Chron. fol. 376. Cession Cessio A ceasing yielding up or giving over Si un Farson ou Dean en Angliterre prist un Evesquery en Ireland ceo fait le primier Esglise void per Cession Latches Rep. fol. 234. Ratione vacationis Prioratus praedicti per Cessionem Fratris Rogeri de Wellington ultimi Prioris c. Claus 13 Edw. 3. pag. 1. m. 38. Cessor Lat. A loyterer or idle fellow but we use it for him who ceaseth or neglects so long to perform a duty belonging to him as he thereby incurs the danger of Law and is liable to have the Writ Cessavit brought against him Old Nat. Br. fol. 136. And note where it is said The Tenant cesseth without any more words is to be understood that the Tenant ceaseth to do what he ought or is bound to do by the Tenure of his Lands or Tenement Cessure or Cesser Is also used for a ceasing giving over or departing from Westm 2. cap. 41. Cestui qui vie in true French Cestui a vie de qui Is he for whose life any Land or Tenement is granted Perkins tit Grants 97. Cestui que use an Abstract of the Fr. Cestui al use de qui Is an usual phrase signifying him to whose use any other Man is enfeoffed in any Lands or Tenements See the New Book of Entries verbo Uses And in Replevin fol. 508. colum 3. and verbo Trespass fol. 606. and fol. 123. a b. col 3. num 7. Anno 1 Rich. 3. cap. 1. and Coke lib. 1. fol. 133. Anno 12 Car. 2. cap. 30. Cestui qui trust Is he who hath a trust in Lands or Tenements committed to him for the benefit of another Anno 12 Car. 2. cap. 30. Chafewax Is an Officer in Chancery that fits the Wax for the Sealing of the Writs and such other Instruments as are there made to be issued out So in France Calefactores cerae sunt qui regiis literis in Cancellaria ceram imprimunt Corasius Chaffers Anno 3 Edw. 4. cap. 4. Seem to signifie Wares or Merchandize for Chaffering is yet used for buying and selling Chaldron or Chalder of Coals Contains Thirty six Bushels heape up and according to the Bushel sealed for that purpose at Guildhal in London Annis 16 17 Car. 2. cap. 2. It is written Chawdren Anno 9 Hen. 5. cap. 10. perhaps from the Fr. Chaud i. hot Challenge from the Fr. Chalenger i. sibi asserere Is used for an Exception taken either against persons or things Persons as in Assise to the Jurors any one or more of them or in case of Felony by the Prisoner at the Bar Bracton lib. 2. tract 2. cap. 22. Things as against a Declaration Old Nat. Br. fol. 76. Challenge
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
party attainted lose his Frank-Law to the end he be not empannel'd upon Juries or Assizes or such like employments for testifying the truth and if he have to do in the Kings Court that he make his Atturney and that his Lands Goods and Chattels be seised into the Kings hands his Lands estreaped if he finde no better favor his Trees raced and his Body committed to prison 27 Lib. Assis 59. Cromptons Just of Peace fol. 156. b. This is called Villanous Judgment or Punishment See Villanous Judgment But if the party grieved sue upon the Writ of Conspiracy then see Fitz. Nat. Br. fol. 114. D. 115. I. Conspiracy may be also in Cases of less weight As Conspiracies made by Victualers touching selling of Victuals shall be grievously punished See 37 Hen. 8. 23. and 3 Part. Inst fol. 143. Conspiratione Is a Writ that lies against Conspirators Fitz. Nat. Br. fol. 114. d. Cromptons Jurisd fol. 209. See also the Register fol. 134. Constable Constabularius Is a Saxon word compounded of Cuning or Cyng and Staple which signisie the stay and hold of the King Lamb. Duty of Constables num 4. But I have seen it derived from Comes Stabuli which seems more probable because we had this Officer and many others from the Caesarean Laws and Customs of the Empire as well as from the Saxons This word is diversly used First for the Constable of England of whose great Dignity and Authority we may finde many proofs in the Statutes and Chronicles of this Realm His Function consists in the care of the common Peace of the Land in Deeds of Arms and Matters of War Lamb. ubisupra With whom agrees the Statute of 13 Rich. 2. cap. 2. Stat. 1. which says To the Court of the Constable and Marshal it appertains to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of things that touch War within as Combats Blasonry of Arms c. But it may not meddle with Battel in Appeals nor generally with any other thing that may be tryed by the Law of the Land See Fortescu cap. 32. and 4 Inst fol. 123. Out of this High Magistracy of Constable of England says Lambert were drawn those Inferior Constables which we call Constables of Hundreds and Franchises and first ordained by the Statute of Winchester Anno 13 Edw. 1. which appoints for conservation of the Peace and view of Armor two Constables in every Hundred and Franchise which in Latin are called Constabularii Capitales High Constables because continuance of time and increase both of People and Offences hath under these made others in every Town called Petit-Constables in Latin Sub-Constabularios which are of like nature but of Inferior Authority to the other The making of a Petty Constable belongs to the Lords of divers Mannors Jure Feudi Of these read Smith de Rep. Angl. lib. 2. cap. 22. Besides these there are Officers of particular places called by this name as Constable of the Tower Stamf. Pl. Cor. fol. 152. Anno 1 Hen. 4. cap. 13. Constable of the Exchequer Anno 51 Hen. 3. Stat. 5. Constable of Dover Castle Cam. Britan. pag. 239. Fitz Nat. Br. fol. 240. But these are Castellani properly as Lambert Notes though confounded in name with the other See the Statute Anno 32 Hen. 8. cap. 38. Manwood par 1. cap. 13. mentions a Constable of the Forest Constat Lat. Is the name of a kinde of Certificate which the Clerk of the Pipe and Auditors of the Exchequer make at the request of any person who intends to plead or move in that Court for discharge of any thing Anno 3 4 Edw. 6. cap. 4. and 13 Eliz cap. 6. The effect of a Constat is the certifying what does constare upon Record touching the matter in question and the Auditors Fee for it is 13 s. 4 d. A Constat is held to be Superior to a Certificat because this may erre or fail in its Contents that cannot as certifying nothing but what is evident upon Record Also the Exemplification under the Great Seal of the Inrolment of any Letters Patent is called a Constat Coke on Littl. fol. 225. b. The difference between a Constat Inspeximus Vidimus you may read at large in Pages Case Cokes fifth Report Consuetudinibus Servitiis Is a Writ of Right Close which lies against the Tenant that deforceth his Lord of the Rent or Service due to him Of this see more in Old Nat. Br. fol. 77. Fitz. Nat. Br. fol. 151. and Reg of Writs fol. 159. Consultation Consultatio Is a Writ whereby a Cause being formerly removed by Prohibition from the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Judges of the Kings Court upon comparing the Libel with the suggestion of the party finde the suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they Decree it to be returned again whereupon the Writ in this Case obtained is called a Consultation Of this you may read Reg. of Writs fol. 44 45. Usque 58. Old Nat. Br. fol. 32. Fiiz Nat. Br. fol. 50. The Statute of the Writ of Consultation Anno 24 Edw. 1. and 2 Part. Inst fol. 105. Contenement Contenementum As Salvo contenemento suo Mag. Cha. cap. 14. Signifies his Countenance Credit or Reputation which he hath together with and by reason of his Freehold and in this sence does the Statute of 1 Edw. 3. and Old Nat. Br. use it where Countenance is used for Contenement The Armor of a Soldier is his Countenance the Books of a Scholler his Countenance and the like Coke 2 Part. Inst fol. 28. Bracton lib. 3. Tract 2. cap. 1. num 3. And Sir Henry Spelman says Contenementum est âstimatio conditionis forma qua quis in Repub. subsistit Contingent Use Is a Use limited in a Conveyance of Land which may or may not happen to Vest according to the contingency expressed in the Limitation of such Use See Chudleighs Case in Cokes 1 Rep. Continuance Is as Prorogatio in the Civil Law For example Continuance until the next Assise Fitz. Nat. Br. fol. 154. F. and 244. D. in both which places it is said if a Record in the Treasury be alleaged by the one party and denied by the other a Certiorari shall be sued to the Treasurer and the Chamberlain of the Exchequer who if they certifie not in the Chancery That such a Record is there or that it is likely to be in the Tower the King shall send to the Justices repeating the Certificate and will them to continue the Assise In this signification it is likewise used by Kitchin fol. 202. and 199. And Anno 11 Hen. 6. cap. 4. And Continuance of a Writ or Action is from one Term to another in case where the Sheriff hath not returned or executed a former Writ issued out in the said
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. ãâã 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 âay 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 Disââherison 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 Haâper 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 sââundum Conventionem inter eos factam idem Johannes praedictum Diabolum deliberare noluit nec adhuc vult c. ad grave dampnum ipsius Roberti
21. By which Statute Trinity Term is appointed for ever to begin the Friday next after this Feast Corpus cum Causa Is a Writ issuing out of the Chancery to remove both the Body and Record touching the Cause of any Man lying in Execution upon a Judgment for Debt into the Kings Bench c. There to lie till he have satisfied the Judgment Fitz. Nat. Br. fol. 251. E. Corrector of the Staple Is an Officer or Clerk belonging to the Staple who Writes and Records the Bargains of Merchants there made Anno 27 Edw. 3. Stat. 2. cap. 22. 23. The Romans called them Mersarios Corrody See Corody Corruption of Blood Corruptio Sanguinis Is an Infection growing to the State of a Man attainted of Felony or Treason and to his Issue For as he loseth all to the Prince or other Lord of the Fee as his case is so his issue cannot be heirs to him or to any other Ancestor by him And if he were Noble or a Gentleman before he and his children are thereby ignobled and ungentiled But if the King pardon the offender it will cleanse the corruption of Blood in those Children which are born after the Pardon and they may inherit the Land of their Ancestor purchased at the time of the pardon or afterward but so cannot they who were born before the pardon Yet note there are divers offences made Treason by Act of Parliament whereof though a Man be Attaint yet his Blood by Provisoes therein is not corrupt nor shall he forfeit any thing but what he hath for his own life for which see the several Statutes of 5 Eliz. cap. 1 11 14. 18 Eliz. cap. 1. 31 Eliz. cap. 4. and 1 Jac. cap. 12. Corselet Fr. Signifies a little Body in Latin Corpusculum It is used with us for an Armor to cover the whole Body or Trunck of a Man Anno 4 5 Phil. Ma. cap. 2. wherewith the Pikemen commonly placed in the Front and Flanks of the Battle are armed for better resistance of the enemies assaults and surer guard of the Gunners placed behinde or within them See Barrets Discourse of War Lib. 3. Dial. 2. Cosenage Fr. Cousinage i. Kinred Cosin-ship Is a Writ that lies where the Tresail that is Tritavus the Father of the Besail or Great Grand-father being seised in Fee at his death of certain Lands or Tenements and dies a stranger enters and abates then shall his heir have this Writ of Cosenage The form whereof see in Fitz. Nat. Br. fol. 231. Of this also read Britton at large cap. 89. Cosening Is an offence whereby any thing is done deceitfully in or out of Contracts which cannot be fitly termed by any especial name West pa. 2. Symb. lit Indictments Sect. 68. It is called Stellionatus in the Civil Law Corsepresent from the Fr. Corps presenté i. the Body presented Signifies a Mortuary Anno 21 Hen. 8. cap. 6. And the reason why it was thus termed seems to be That where a Mortuary after any Mans Death became due the Body of the best or second Beast was according to the Custom offered or presented to the Priest and carried along with the Corps In nomine Patris Filii Spiritus sancti Ego Brianus de Brompton Sen. Anno Domini MCCLXII in vigilia Apostorum Simonis Judae condo Testamentum meum Volo corpus meum sepeliri in Prioratu Majoris Malverniae inter Praedecessores meos cum corpore meo Palefridum meum cum hernesio Equum summarium cum lecto meo c. In codice M. S. penes Gul. Dugdale Arm. Cot Is a kinde of Refuse Wool so clung or clotted together that it cannot be pulled a sunder Anno 13 Rich. 2. Stat. 1. cap. 9. where it is provided That neither Denizen nor Foreiner make any other refuse of Wools but Cot Gare and Villein Cot or Cote signifies also as much as Cotage in many places and was so used by the Saxons according to Verstegan Cotland alias Cotsetbland Lib. Rames Sect. 265. Dedit praedictus Abbas praedicto Hugoni pro tota terra quae tunc temporis a S. Benedicto idem Hugo tenebat unam Cothsethlandam cum libero servitio in villa quae dicitur Slepe unum Maignagium in foro ejusdem villa Cothsethlandam hic intelligo Cotae sedem praedii quidpiam ad eandem pertinens Spelman De una Cothlanda terrae in Wathford Pat. 9 Edw 2. par 2. m. 2. Cotage Cotagium Chota from the Sax. Cote Is a House without Land belonging to it Anno 4 Edw. 1. Stat. 1. And the Inhabitants of such Cotages are called Cotagers But by a later Statute of 31 Eliz. cap. 7. No Man may build a House but he must lay four Acres of Land to it so that a Cotage is properly any little House newly built that hath not four Acres of Land belonging to it Dedit Chotam quendam campum junctum huic Chotae Mon. Angl. 1 par fol. 201. b. Cottarius A Cotager Coucher Signifies a Factor that continues in some place or Countrey for Traffick as formerly in Gascoign for buying Wines Anno 37 Edw. 3. cap. 16. It is also used for the General Book in which any Religious House or Corporation Register their particular Acts. Anno 3 4 Edw. 6. cap. 10. Covenable Fr. Convenable Fit convenient or suitable That every of the same thrée sorts of Fish be good and covenable as in old time hath béen used 31 Edw. 3. Stat. 3. cap. 2. Plowden fol. 472. a. Covenant Conventio Is the Consent or Agreement of two or more in one thing to do or perform somewhat West par 2. Symb. lib. 1. Sect. 4. It seems to be as much as Pactum or Conventum with the Civilians Covenant is either in Law or in Fact Coke lib. 4. Nokes Case fol. 80. Or Covenant Express and Covenant in Law Idem lib. 6. fol. 17. Covenant in Law is that which the Law intends to be made though it be not expressed in words As if the Lessor demise and grant B. Acre to the Lessee for a certain term the Law intends a Covenant on the Lessors part that the Lessee shall during the term quietly enjoy his Lease against all lawful incumbrance Covenant in Fact is that which is expresly agreed between the parties There is also a Covenant meerly personal and a Covenant real Fitz. Nat. Br. fol. 145. who seems to say a Covenant real is that whereby a Man ties himself to pass a thing real as Land or Tenements or to levy a Fine of Land c. Covenant meerly personal is where a Man Covenants with another by Deed to build him a House or any other thing or to serve him c. See Conventio Covenant is also the name of a Writ for which see Conventione and New Book of Entries verbo Covenant NOverint omnes praesentes scriptum Cyrographatum visur vel auditur quod xviii die April Temporis gratiae MCCLX ita convenit inter
Cosoning and New Book of Entries verbo Disceit Decenna and Decenniers See Deciners Decennary Decennaria The Limits or Compass of ten Friburghs See Deciners Deceptione Is a Writ that lies properly for one that receives harm or dammage by him that does any thing deceitfully in the Name of another Fitz. Nat. Br. fol. 95. And is either Original or Judicial as appears by Old Nat. Br. fol. 50. where you may read the use of both to this effect This Writ of Deceit when it is Original lies where deceit is used to a Man by another by not sufficiently performing a Bargain or Promise or by using some Guile whereby he may be disinherited or evil intreated c. And when Judicial it lies out of the Rolls of Record as in the Case where scire facias is sent to the Sheriff that he warn a man to be before the Justices at a certain day and the Sheriff returns the Writ served whereas the Party was not warned whereby he that sues the scire facias recovers then the Party who ought to have been warned shall have the said Writ against the Sheriff See Reg. of Writs fol. 112. and Reg. Judicial in the Table verbo Deceptione Decies tantum Is a Writ that lies against a Juror who hath taken Money for giving his Verdict called so of the effect because it is to recover ten times so much as he took It lies also against Embracers that procure such an Enquest Anno 38 Ed. 3. ca. 13. Reg. of Writs fol. 188. Fitz. Nat. Br. fol. 171. New Book of Entries verbo Decies tantum Decimation Decimatio the punishing every tenth Souldier by Lot was termed Decimatio Legionis Also a tithing or paying the tenth part What Decimation was in the late Usurpers time 1655 is still in the Memory of many good Subjects of this Realm See Tenths Decimis solbendis pro possessionibus alienigenarum Is a Writ or Letters Patent yet extant in the Register which lay against those that had farmed the Priors aliens Lands of the King for the Rector of the Parish to recover his Tyth of them Reg. of Writs fol. 179. Deciners alias Decenniers alias Doziners Decenarii Decearchi Signifie in the Ancient Monuments of our Law such as were wont to have the oversight and check of the Friburghs for Maintenance of the Kings Peace And the limits or compass of their Jurisdiction was call'd Decenna Bracton lib. 3. Tract 2. ca. 15. of whom you may also read Fleta lib. 1. ca. 27. And Reg. of Writs fol. 98. b. These seemed to have large Authority in the Saxons time taking knowledge of Causes within their Circuit and redressing Wrongs by way of Judgment and compelling Men thereunto as you may read in the Lawes of K. Edward the Confessor published by Lambert Numb 32. In later times I find mention of them as in Britton ca. 12. who sayes in the Kings Person for so he Writes his whole Book We will that all those who are 14 years old shall make Oath That they shall be sufficient and loyal to Us and neither be Felons nor assenting to Felons And We will That all Profess themselves to be of this or that Dozein and make or offer Surety of their Behaviour by these or those Doziners except Religious Persons Clerks Knights eldest Sons and Women Yet the same Author in his 29th Chap. sayes all of 12 years old and upwards are punishable for not coming to the Sheriffs Turn except Earles Prelates Barons Religious persons and Women Stamf. Pl. Cor. fol. 37. has these words The like Law is where the Dozeniers make Presentment that a Felon is taken for Felony and delivered to the Sheriff c. And Kitchin fol. 33. thus Religious persons Clerks Knights or Women shall not be Deceniers A Dozein seems now to extend so far as every Leet extends because in Leets onely this Oath is Ministred by the Steward and taken by such as are twelve years old and upwards dwelling within the Precinct of the Leet where they are sworn Fitz. Nat. Br. fol. 261. a. The particulars of this Oath you may read in Bracton lib. 3. tract 2. cap. 1. num 1. who sets down fifteen years for the age of those that are to be sworn to the Kings Peace but afterwards names twelve years See Inlaugh We may note out of the Premisses a diversity between the ancient and these modern times in this Point of Law and Government as well in the age of those who are to be sworn as also that Decennier is not now used for the chief Man of a Dozein but for him that is sworn to the Kings Peace and lastly That now there are no other Dozeins but Leets and that no Man ordinarily gives other security for keeping the Kings Peace but his own Oath and that therefore no Man answers for anothers transgression but every Man for himself See Frank-pledge and 2 Part. Inst fol 73. Declaration Declaratio Is properly the shewing forth or laying down in writing the Cause of Action in any sute at Law wherein the party supposes to have wrong This in an Action Real is properly called a Count which ought to contain Demonstration Declaration and Conclusion In Demonstration are contained three things viz. Who complains against whom and for what matter In the Declaration there ought to be comprised how and in what manner the Action rose between the parties when what day year and place and to whom the Action shall be given And in the Conclusion he ought to aver and proffer to prove his sute and shew the damage he hath sustained by the wrong done him Terms de la Ley. Decretals Decretales Are a Volume of the Canon Law so called or Books containing the Decrees of sundry Popes or a Digestion of the Canons of all the Councils that pertained to one Matter under one Head Dedi as if it be said in a Feoffment I. S. hath Given granted c. It is a Warranty in Law to the Feoffee and his Heirs Coke on Littl. fol. 384. a. Dedimus Potestatem i. We have given power Is a Writ whereby Commission is given to one or more private persons for the speeding of some Act appertaining to a Judge The Civilians call it Delegationem And it is granted most commonly upon suggestion that the party who is to do something before a Judge or in a Court is so weak he cannot travel It is used in divers Cases as to take a Personal Answer to a Bill of Complaint in Chancery to examine witnesses in a Cause depending in that Court to levy a Fine c. West part 2. Symbol tit Fines sect 112. and divers other as you may see in Fitz Nat. Br and in the Table of the Reg. of Writs verbo Dedimus Potestatem Déed Factum Is an Instrument written in Parchment or Paper consisting of three things viz. Writing Sealing and Delivery and comprehending a Contract or Bargain between party and party Of which there are two sorts Deeds Indented and Deeds
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 ãâã ãâã ãâã ãâã ãâã 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 ãâã ãâã ãâã ãâã ãâã and ãâã ãâã ãâã ãâã ãâã 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
quod assertum est ratiocinando destruere We now call it Traversare to Traverse See Gloss in decem Scriptor And Deraign Disseisin Fr. Dissaisine not from Disseisir as Cowel mistakes it Signifies an unlawful dispossessing a Man of his Land Tenement or other immovable or incorporeal right And how far this extends see Bracton lib. 4. cap. 3. Therefore the Assises are called Writs of Disseisin that lie against Disseisors in any Case whereof some are termed little Writs of Disseisin being Vicontiel that is suable before the Sheriff in the County Court because determined by him without Assise Reg. of Writs fol. 98. As for Nusances of no great prejudice Disseisin is of two sorts either Simple Disseisin committed by day without force and arms Bracton lib. 4. cap. 4 Britton cap. 42 43 44. Or Disseisin by Force for which see Deforceor and Fresh Disseisin See Redisseisin and Post disseisin See Skene verbo Disseisina How many ways Disseisin is committed see Fleta lib. 4. cap. 1. Sect. Fit autem and when it is lawful cap. 2. Wrongful Disseisin is no descent in Law 32 Hen. 8. cap. 33. Disseisor Is he that disseiseth or puts another out of his Land And Disseisee is he that is so put out Anno 4 Hen. 4. cap. 7. Disseisoresse Is she that disseiseth another Coke on Littl. fol. 357. b. Distress Fr. Signifies most commonly a Compulsion in certain Real Actions whereby to cause a Man to appear in Court or to pay Rent or other duty denied or it is the thing distreined The effect whereof most commonly is To compel the party Distreined to Replevy the Distress and so take his Action of Trespass against the Distreiner or else to compound neighborly with him for the Debt or Duty for which he Distreins There are divers things not distreinable as another Mans Gown in the House of a Tailor or Cloth in the House of a Fuller Sheerman or Weaver For they being common Artificers it is presumed such things belong not to themselves but to others Victual is not distreinable nor Corn in Sheaves unless they be in a Cart For a Distress ought to be of such things whereof the Sheriff may make Replevin and deliver again in as good Case as they were at the time of the taking A Man may Distrein for Homage of his Tenant for Fealty Escuage and other services and for Fines and Amerceaments assessed in a Leet but not in a Court Baron and for Damage-feasant c. But not for Rent due for any Land except upon the same Land charged therewith c. When one hath taken a Distress it behoves him to bring it to the Common Pound or he may keep it in an open place so that he give notice to the party that he if the Distress be a Quick-beast may give it food See the Stat. De districtione Scaccarii 51 Hen. 3. Distress is by Britton cap. 71. divided into Personal and Real Distress Personal is made by distreining a Mans movable Goods and seising all the profits of his Lands and Tenements from the Teste or date of the Writ for the Defendants contempt in not appearing to an Action brought against him after he was Summoned or Attached and the Issues so returned by the Sheriffs are forfeited to the King and Estreated into the Exchequer Distress Real is made upon immovable Goods This differs from an Attachment in this among others that it cannot be taken by any common person without the compass of his own Fee except it be presently after the Cattle or other thing is driven or born off the Ground purposely to avoid the Distress Fitz. Nat. Br. fol. 904. See Attach and the Stat. 17 Car. 2. cap. 7. Distress is also divided into Finite and Infinite Finite is that which is limited by Law how often it shall be made to bring the party to tryal of the Action as once ãâã c. Old Nat. Br. fol. 43. Distress infinâââ is without limitation until the party come as against a Jury which refuseth to appear upon Certificate of Assise the Process is Venire facias Habeas corpora and Distress infinite Old Nat. Br. fol. 113. Then it is divided into a Grand Distress Anno 52 Hen. 3. cap. 7. which Fitzherbert calls Magnam Districtionem and an Ordinary Distress A Grand Distress is that which is made of all the Goods and Chattels that the party hath within the County Britton cap. 26. fol. 52. But see whether it be not sometimes all one with a Distress infinite Idem fol. 80. With whom also the Statute of Marlbridge seems to agree Anno 52 Hen. 3. cap. 7 9 12. See Grand Distress and Attachment District Districtus Is the place in which a Man hath the power of distreining or the Circuit or Territory wherein one may be compelled to appear Britton cap. 120. Where we say Hors de son Fee others say Extra districtum suum Distringas Is a Writ directed to the Sheriff or any other Officer commanding him to Distrein one for a Debt to the King c. or for his not appearance at a day See great diversity of this Writ in the Table of Register Judic verbo Distringas This was sometimes of old called Constringas as appears by this Writ in Henry the First or second days Lib. Rames sect 227. Henricus Rex Angliae hominibus Abbatis de Ramesia salutem Praecipio quod cito justè reddatis Abbati Domino vestro quicquid ei debetis in censu firma debitis placitis sicut justè monstrare poterit quod ei debeatis Quod si nolueritis ipse vos inde constringat per pecuniam vestram Teste Cancellar apud Glocester By Pecuniam vestram in those days was understood Bona catalla Dividend in the Exchequer seems to be one part of an Indenture Anno 10 Edw. 1. cap. 11. and 28 Ejusdem Stat. 3. cap. 2. Dividend in the University is that share or part which every one of the Fellows does equally and justly divide either by an Arithmetical or Geometrical Proportion of their Annual stipend Divise See Devise Divorce Divortium à divertenda Is a Separation of two de facto married together of which there be two kindes one A Vinculo Matrimonii the other A mensa thoro The Woman divorced A Vinculo Matrimonii receives all again that she brought with her This onely arises upon a nullity of the marriage through some essential impediment as Consanguinity or Affinity within the degrees forbidden Precontract Impotency c. Of which Impediments Divines reckon fourteen comprehended in these Verses Error Conditio Votum Cognatio Crimen Cultus Disparitas Vis Ordo Ligamen Honestas Si sis affinis Si fortè coire nequibis Si Parochi duplicis desit presentia testis Raptave sit mulier nec parti reddita tutae Divorce Is a Judgment Spiritual wherefore if there be occasion it ought to be reversed in the Spiritual Court See Coke lib. 7. Kennes Case Idem
Sciatis me dedisse Willielmo filio Radulphi de Filungele pro homagio servicio suo propter Duellum quod fecit pro me Duas virgatus terrae Sine Dat. M. S. penes Will. Dugdale Ar. Duke Lat. Dux Fr. Duc Signified among the ancient Romans Ductorem exercitus such as Led their Armies Since which they were called Duces to whom the King committed the Custody or Regiment of any Province In some Nations at this day the Soveraigns of the Country are called by this Name as Duke of Russia Duke of Savoy c. In England Duke is the next in Secular Dignity to the Prince of Wales And as Camden says Heretofore in the Saxons time were called Dukes without any addition being ineer Officers and Leaders of Armies After the Conqueror came in there were none of this Title till Edward the Thirds dayes who made Edward his Son Duke of Cornwal after which there were more made in such sort as their Titles descended to their Posterity They were created with Solemnity per cincturam gladii Cappaeque circuli aurei in Capite impositionem Vide Cam. Britan. p. 166. Zazium de feudis pa. 4. Num. 7. Cassan de Consuetud Burg. pa. 6 10. And Ferns Glory of generosity pa. 136. Dutchy-Court Is a Court wherein all matters appertaining to the Dutchy or County-Palatine of Lancaster are decided by the decree of the Chancelor of that Court the Original of it was in Henry the Fourths days who obtaining the Crown by Deposing Richard the Second and having the Dutchy of Lancaster by Descent in Right of his Mother was seized thereof as King and not as Duke So that all the Liberties Franchises and Jurisdictions of the said Dutchy passed from the King by his Great Seal and not by Livery or Atturnement as the Possessions of Everwick the Earldom of March and such others did which had descended to the King by other Ancestors then the Kings But at last Henry the Fourth by Authority of Parliament passed a Charter whereby the Posessions Liberties c. of the said Dutcky were sever'd from the Crown yet Henry the Seventh reduced it to its former nature as it was in Henry the Fifths days Crom. Jur. fol. 136. The Officers belonging to this Court are the Chancellour Atturney Receiver-General Clerk of the Court Messenger Besides which there are certain Assistants as one Atturney in the Exchequer one Atturney of the Dutchy in Chancery four Persons learned in the Law retained of Councel with the King in the said Court whereof Gwin in Preface to his Readings speaks thus It grew out of the grant of King Edward the Third who gave that Dutchy to his Son John of Gant and endowed it with such Royal Right as the County Palatine of Chester had And for as much as it was afterward extinct in the Person of King Henry the Fourth by reason of the Union of it with the Crown the same King suspecting himself to be more rightfully Duke of Lancaster then King of England determined to save his Right in the Dutchy whatever should befall the Kingdom and therefore he separated the Dutchy from the Crown and setled it so in the natural Persons of Himself and his Heires as if he had been no King or Politic Body at all In which condition it continued during the Reign of Henry the Fifth and Henry the Sixth that descended from him But when Henry the Fourth had by recovery of the Crown recontinued the Right of the House of York he feared not to appropriate that Dutchy to the Crown again yet so that he suffer'd the Court and Officers to remain as he found them In which manner it came together with the Crown to Henry the Seventh who liking well of Henry the Fourths Policy by whose Right also he obtained the Kingdom made a like separation of the Dutchy and so left it to His Posterity who still injoy it Cowel Dum fuit infra aetatem Is a Writ which lies for him who before he came to full age made a Feoffment of his Land to recover it again from the Vendee Fitz. Nat. Br. fol. 192. Dum non fuit compos mentis He who being not of found Memory and Aliens any Lands or Tenements may have this Writ against the Alience Fitz. Nat. Brev. fol. 202. Duplicat Is used by Crompton for a second Letters Patent granted by the Lord Chancellour in a Case wherein he had formerly done the same and was therefore thought void Crom. Jurisd fol. 215. Also a second Letter written and sent to the same party and purpose as a former for fear of a miscarriage of the first or for other reason is called a Duplicat The word is used 14 Car. 2. ca. 10. Duress Duritia Is where one is kept in Prison or restrained of his Liberty contrary to the Order of Law or threatned to be kill'd maym'd or beaten And if such person so in Prison or in fear of such Threats make any Specialty or Obligation by reason of such Imprisonment or Threats such Deed is void in Law and in an Action brought upon such Specialty the Party may Plead That it was made by Duresse and so avoid the Action Broke in his Abridgment joyneth Dures and Manasse together i. duritiam minas hardship and threatnings Dyke-reeve A Bailiff or Officer that has the care and over-sight of the Dykes and Draines in Deeping-Fens c. mentioned Anno 16 17 Car. 2. ca. 11. E. EAlderman or Ealdorman Aldermannus Among the Saxons was as much as Earl among the Danes Cam. Britan. pa. 107. Also an Elder Senator or States-Man and at this day we call them Aldermen who are Associates to the Chief Officer in the Common-Councel of a City or Borough-Town 24 H. 8. ca. 13. Sometimes the Chief Officer himself is so called See Alderman Earl Sax. Eorl Comes This Title in ancient times was given to those who were Affociates to the King in his Councels and Martial-Actions And the manner of their Investiture into that Dignity was Por cincturam gladio Comitatus without any Formal Charter of Creation See Mr. Dugdales Warwickshire fol. 302. But the Conquerour as Camden notes gave this Dignity in Fee to His Nobles annexing it to this or that County or Province and allotted them for their Maintenance a certain proportion of Money arising from the Princes Profits for the Pleadings and Forfeitures of the Provinces For example he brings an ancient Record in these words Henricus 2. Rex Angliae bis verbis Comitem creavit Sciatis nos fecisse Hugonem Bigot Comitem de Norf. c. de tertio denario de Norwic. Northfolk sicut aliquis Comes Angliae liberius Comitatum suum tenet About the Reign of King John and ever since our Kings have made Earles by their Charter of this or that County Province or City but of late giving them no Authority over the County nor any part of the Profits arising by it onely some Annual Fee out of the
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 ãâã 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 whâch 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
for that Inquisition of Jurors or by Jury which is the most usual tryal of all Causes both Civil and Criminal in this Realm For in Causes Civil after proof is made on either side so much as each party thinks good for himself if the doubt be in the fact it is referred to the discretion of Twelve indifferent Men impannelled by the Sheriff for the purpose and as they bring in their Verdict so Judgment passeth For the Judge saith the Jury findes the Fact thus then is the Law if their Verdict do not contradict it thus and so we judge As to the Enquest in Causes criminal see Jury and see Sir Tho. Smith de Repub Angl. lib. 2. cap. 19. An Enquest is either of Office or at the Mise of the party Stamf. Pl. Cor. lib. 3. cap. 12. Entail Feudum talliatum Fr. Entaille i. inscisus Is a Substantive Abstract signifying Fee-tail or Fee entailed that is abridged curtailed or limited and tied to certain conditions See Fee and Tail Entendment Fr. Entendement Signifies as much as the true meaning intent or signification of a Word Sentence Law c. See Kitchin fol. 224. See Intendment Enterplede Fr. Entreplaider Signifies to discuss or try a Point incidently falling out before the Principal Cause can be determined For example Two persons being found Heirs to Land by two several Offices in one County the King is brought in doubt to which of them Livery ought to be made therefore before Livery be made to either they must Enterplede that is formally try between themselves who is the right heir Stamf. Praerog cap. 12. See Broke tit Enterpleder Entiertie or Intiertie From the Fr. Entierete ãâã Entireness The whole Contradistinguished in our Books to Moity Entire Tenancy Is contrary to Several Tenancy and signifies a sole possession in one man whereas the other signifies a joynt or common one in more See Broke Several Tenancy See New Book of Entries verbo Entier-tenancy Entrie Fr. Entree i. Introitus ingnessus Properly signifies the taking possession of Lands or Tenements See Plowden Assize of Freshforce in London fol. 93. b. It is also used for a Writ of Possession for which see Ingressu and read West pa. 2. Symbol tit Recoveries sect 2 3. who there shews for what it lies and for what not Of this Britton in his 114 Chapter writes to this effect The Writs of Entry savor much of the Right of Property As for example some are to recover Customs and Services in which are contained these two words solet debet as the Writs Quo Jure Rationabilibus Divisis Rationabili Estoverio with such like And in this Plee of Entry there are three degrees The first is where a Man demands Lands or Tenements of his own Seisin after the term expired the second is where one demands Lands or Tenements let by another after the Term expired the third where one demands Lands or Tenements of that Tenant who had Entry by one to whom some Ancestor of the Plaintiff did let it for a Term now expired According to which degrees the Writs for more fit remedy are varied And there is yet a fourth form which is without degrees and in case of a more remote Seisin whereunto the other three degrees do not extend The Writ in the second degree is called a Writ of Entry In le Per in the third degree a Writ of Entry In le per cui and in the fourth form without these degrees it is called a Writ of Entry In le post that is after the Disseisin which such a one made to such a one And if any Writ of Entry be conceived out of the Right Case so that one form be brought for another it is abateable In these four degrees are comprehended all manner of Writs of Entry which are without certainty and number Thus far Britton by whom you may perceive that those words Solet debet and those other In le per in le per cui and In le Post which we meet with many times in Books shortly and obscurely mentioned signifie nothing else but divers Forms of this Writ applied to the Case whereupon it is brought and each Form taking its name from the words contained in the Writ And of this read Fitz. Nat. Br. fol. 193. This Writ of Entry differs from an Assize because it lies for the most part against him who entred lawfully but holds against Law whereas an Assize lies against him that unlawfully disseised yet sometimes a Writ of Entry lies upon an Entrusion Reg. of Writs fol. 233. b. See the New Book of Entries verbo Entre Brâvis fol. 254. col 3. There is also a Writ of Entry in the nature of an Assize Of this Writ in all its degrees see Fleta lib. 5. cap. 34. seq Entrusion Intrusio Is a violent or unlawful entrance into Lands or Tenements void of a Possossor by him that hath no right at all to them Bracton lib. 4. cap. 2. For example a Man steps into Lands the owner whereof lately died and the right heir neither by himself or others hath as yet taken possession of them See the difference between Abator and Intrudor in Coke on Littl. fol. 277. Though the New Book of Entries fol. 63. C. latines Abatement by this word Intrusionem See Abatement see Disseisin and Britton cap. 65. Entrusion is also taken for the Writ brought against an Intrudor which see in Fitz. Nat. Br. fol. 203. Entrusion de Gard Is a Writ that lies where the Infant within age entred into his Lands and held his Lord out For in this Case the Lord shall not have the Writ De Communi custodia but this Old Nat. Br. fol. 90. Envoice See Invoice Enure Signifies to take place or effect to be available Example A Release shall Enure by way of extinguishment Littleton cap. Release And a Release made to a Tenant for term of life shall Enure to him in the Reversion Eques Auratus Lat. A Knight so called because anciently it was lawful for Knights onely to beautifie and gild their Armor and Caparisons for their Horses with Gold Fern's Glory of generosity pag. 102. Eques Auratus is not used in Law but Chivalier or Miles Cokes 4 Inst fol. 5. Equity Equitas Is the Correction or Qualification of the Law generally made in that part wherein it faileth or is too severe For Ad ea quae frequentiùs accidunt jura adaptantur As where an Act of Parliament is made That whosoever does such a thing shall be a Felon and suffer Death yet if a Mad-man or an Infant of tender years do the same they shall be excused Breaking of Prison is Felony in the prisoner himself by the Statute De Frangentibus Prisonam yet if the Prison be on fire and they within break Prison to save their lives this shall be excused by the Law of Reason So to save my life I may kill another that assaults me Erminstréet See Watlingstreet Errant Errans Is
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. Râg 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 Finâs 151. New Book of Entries verbo Error For preventing Abatements of Writs of Error upon Judgments in the Exchâquâr 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 Exâhequer 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
effect Soccage Fitz. Nat. Br. fol. 84. This is taken away and discharged by Act of Parliament 12 Car. 2. cap. 24. See Capite Eskippeson Shipping Cesie Endenture faite parentre lui noble home Mons Thomas Beauchamp Counte de Warwyke d'une parte John Russell Escuier d'autre parte Tesmoigne c. Et que le dit John aura Eskypesoun covenable pour son passage repassage outre meer as cusiages le dit Counte c. done a Warwyke 2 Jan. 50 Edw. 3. Esnecy Aeisnecia Fr. Aisneesse i. Dignitas Primogeniti Is a Prerogative allowed the eldest Coparcener to chuse first after the Inheritance is divided Fleta lib. 5. cap. 10. sect In Divisionem Salvo capitali Mesuagio primogenito Filio pro dignitate Aeisneciae suae Glanâ lib. 7. cap. 3. Jus Esnetiae i. Jus Primogeniturae In the Statute of Marlbridge cap. 9. it is called Initia pars Haereditatis See Coke on Lattl fol. 166. b. Esples Expletia from Expleo Are the full Profits which the Ground or Land yields as the Hay of the Meadows the Feed of the Pasture the Corn of the Arable the Rents Services and such like Issues The Profits comprised under this word the Romans properly call Accessiones Note that in a Writ of Right of Land Advowson or such like the Demandant ought to alleage in his Court That he or his Ancestors took the Esplees of the thing in demand else the Pleading is not good T. Ley. Espervarius and Sparverius Fr. Espervier A Spar-Hawk Char. Foresta cap. 14. Reddit solut Willielmo Talboys Arm. ad Manerium suum de Kyme pro omnibus serviciis secularibus unum Espervarium vel 2 s. per annum ad Festum Sancti Mich. c. Comput Davidis Gefferon Collect. Redd de Wragby Anno 35 Hen. 6. Dicunt quod Ricardus de Herthall die quo obiit tenuit Manerium de Poley in Com War in Dominico suo ut de feodo per fidelitatem servitium unius Espervarii vel 2 s. ad Festum S. Jacobi c. Esc de Anno 19 Edw. 2. num 53. Esquier Was originally he who attending a Knight in time of War did carry his Shield whence he was called Escuier in French and Scutifer or Armiger in Latin Howbeit this Addition hath not of long time had any respect at all to the Office or employment of the person to whom it hath been attributed but been meerly a title of dignity and next in degree below a Knight Those to whom this title is now of right due are All the Younger Sons of Noblemen and their Heirs-male for ever The Four Esquiers of the Kings Body the Eldest Sons ot all Baronets so also of all Knights of the Bath and Knights Batchelors and their Heirs-male in the right Line Those that serve the King in any Worshipful Calling to use Camdens words as the Serjeant Chirurgeon Serjeant of the Ewry Master Cook c. Such as are created Esquiers by the King with a Collar of S. S. of Silver as the Heraulds and Serjeants at Ar ãâ¦ã The cheif of some ancient Families are likewise Esquiers by Preseription those that hear any Superior Office in the Commonwealth as High Sheriff of any County who retains the title of Esquire during his life in respect of the great trust he has had of the Posse Comitatus He who is a Justice of Peace has it during the time he is in Commission and no longer if not otherwise qualify'd to bear it Vtter Barrasters in the late Acts of Parliament for Pol-Money were ranked among Esquires and so wete many wealthy Men by reason they were commonly reputed to be such and paid accordingly In Walsinghams History of Richard the Second we read of one John Blake who is said to be Juris Apprenticius and has the Addition of Scutifer there given him but whether intituled thereto by reason of that his Profession or otherwise does not appear See Camd. Brit. fol. 111. And 2 Inst fol. 595. A Principe fiunt Armigeri vel scripto vel Symbolo vel munere Scripto cum Rex sic quempiam constituerit Symbolo quum collum ergo alicujus argenteo sigmatico hoc est torque ex SS confecto adornaberit eumve argentatis calcaribus ad discrimen equitum qui aureis usi sunt donavorit Tales in occidentali Angliae plaga ut aliquando didici in conventu rei antiquae studiosorum White spurrs dicti sunt Munere cum ad munus quempiam evocaverit vel in Aula vel in Reipub. ArmigeroÌ designatum cujusmodi multa hodie patribus nostris incognita Inter Armigeros qui fiunt non nascuntur primarii habentur quatuor illi Armigeri ad Corpus Regis Esquires of the Body quos Equitum filiis primogenitis anteponendos asserunt Thus the Learned Spel. in whose Glossarium you may find mention of another species of Esquires viz. Squier born de quater Cotes OMnibus Walterus de Pavely miles filius quondam Reginaldi de Pavely salutem Novertitis me obligari Rogero Marmion filio quondam Philippi Marmion omnibus diebus vitae suae in una Roba cum pellura de secta Armigerorum meorum annuatim ad Festum Nativitatis Domini percipiend sine aliqua contradictione vel retractione mei vel haeredum meorum aut assignatorum Ad quam quidem solutionem Robae praedictae cum pellura annuatim ad terminum supradictum fideliter persoluendum obligo me haredes meos bona catalla nostra mobilia immobilia ubicunque fuerint inventa in maneriis meis in Hundredo de Westbury existentibus vel extra c. sine dat Ex codice M. S. penes Gul. Dugdale Arm. Essendi quietum de Tolonio Is a Writ that lies for Citizens and Burgesses of any City or Town that have a Charter or Prescription to exempt them from paying Toll through the whole Realm if it chance that the same is any where exacted of them Fitz. Nat. Br. fol. 226. Essoin Essonium from the Fr. Essonie or Exonnie i. Causarius miles he that has his presence forborn or excused upon any just cause as sickness or other impediment Signifies an alleadgment of an Excuse for him that is summon'd or sought for to appear and answer to an Action real or to perform Sure to a Court-Baron upon just Cause of absence It is as much as excusatio with the Civilians The causes that serve to Essoin any Man Summon'd are divers yet drawn to five Heads whereof the First is ultra mare the Second de terra sancta the Third de malo veniendi which is also called the common Essoin the Fourth is de malo lecti the Fifth de servitio Regis For further knowledge of these I refer you to Glanvile lib. 1. Bracton lib. 5. tract 2. per totum Britton ca. 122 125. and to Horns Mirror lib. 7. ca. des Essoins who mentions some more Essoins touching the Service of the King Celestial then the rest do Of these Essoins you may read
further in Fleta lib. 6. ca. 8. seq and that these came to us from the Civil-Lawes and the Normans is well shewed by the grand Custumary where you may find in a manner all that our Lawyers say of this matter ca. 39. to 45. Essoins and Profers Anno 32 Hen. 8. ca. 21. See Profer Essonio de malo lecti Is a Writ directed to the Sheriff for sending four lawful Knights to view one that has Essoined himself de malo lecti Reg. of Writs fol. 8. b. Establishment of Dower Seems to be the assurance or settlement of Dower made to th Wife by the Husband or his Friends before or at Marriage And Assignment is the setting it out by the Heir afterwards according to the Establishment Britton ca. 102 103. Estandard or Standard Fr. Estandart i. Signum vexillum An Ensign for Horsemen in War and is commonly that of the King or Chief General But it is also used for the Principal or Standing-Measure of the King to the scantling whereof all the Measures throughout the Land are or ought to be framed by the Clerks of the Market Aulneger and other Officers according to their several Offices For it was established by Magna Charta 9 Hen. 3. ca. 9. That there should be but one scantling of Weights and Measures through the whole Realm which was confirm'd by the. Stat. 14 Edw 3. ca. 12. From henceforth there shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm 17 Car. 1. ca. 19. It is called a Standard with good reason because it stands constant and immoveable and hath all other Measures coming towards it for their Conformity as Souldiers in the field have their Standard or Colours to repair to Of these Measures read Britton ca. 30. Estate Fr. Estat i. Conditio Signifies especially that Title or Interest which a Man hath in Lands or Tenements as Estate simple otherwise called Fee simple and Estate conditional or upon condition which is according to Litt. lib. 3. ca. 5. either upon Condition in Deed or upon Condition in Law The first is where a Man by Deed indented infeoffs another in Fee reserving to him and his heires yearly a certain Rent payable at one Feast or at divers upon condition that if the Rent he behind c. it shall be lawful for the Feoffer and his heirs to enter Estate upon condition in Law is such as hath a Condition in Law annexed to it though it be not specify'd in writing For example if a Man grant to another by his Deed the Office of a Parker for life This Estate is upon condition in the Law or imply'd by Law viz. If the Parker so long shall well and truly keep the Park c. We read also of an Estate particular which is an Estate for life or for years Perkins Surrenders 581. Esterling See Sterling Estopel from the Fr. Estouper i. Oppilare Obstipare Is an impediment or bar of an Action growing from his own Fact who hath or otherwise might have had his Action For example a Tenant makes a Feoffment by collusion to one the Lord accepts the Services of the Feoffee by this he debars himself of the Wardship of his Tenants heir Fitz. Nat. Br. fol. 142. k. And Broke hoc titulo Coke lib. 2. Casu Goddard defines an Estopel to be a bar or hindrance to one to plead the truth and restrains it not to the impediment given a man by his own act onely but by anothers also Lib. 3. Case of Fines fol. 88. There are three kinds of Estopel viz. By matter of Record by matter in Writing and by matter in Paiis Of which see Coke on Litt. fol. 352. a. Estovers Estoveria from the Fr. Estouver i. Fovere Signifies nourishment or maintenance Bracton lib. 3. tract 2. ca. 18. num 2. uses it for that sustenance which a man apprehended for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Stat. 6 Ed. 1. ca. 3. useth it for an allowance in meat or cloth It is also used for certain allowances of Wood to be taken out of another Mans Woods Westm 2. ca. 25. 20 Car. 2. ca. 3. West pa. 2. Symbol tit Fines Sect. 26. sayes Estovers comprehends House-bote Hay-bote and Plow-bote As if one hath in his Grant these general words De rationabili Estoverio in boscis c. He may thereby claim these three In some Mannors the Tenants have Common of Estovers that is necessary Botes out of the Lords Woods As at Orleton in Com. Heref. where the Tenants paid the Lord a Wood-hen yearly by way of Rent or Retribution for the same Rationabile Estovorium See Alimony Estray from the old Fr. Estrayeur Lat. Extrahura Pecus quod elapsum a custode campos pererrat ignoto Domino Signifies any beast that is not wild found within any Lordship and not owned by any man in which Case if it be Cried according to Law in the next Market-Towns and it be not claimed by the Owner within a Year and a day it is the Lords of the Soil See Britton ca. 17. See Estrays in the Forrest Anno 27 Hen. 8. ca. 7. New Book of Entries verbo Trespas concernant Estrey The ancient Law of K. Inas was Diximus de ignotis pecoribus ut nemo habeat sine testimonio Hundredi vel bominum Decennae i. Sectatorum Letae Spel. Estreat Extractum Is used for the Copy or true Note of an Original Writing and especially of Amerciaments or Penalties set down in the Rolls of a Court to be levied by the Bailiff or other Officer upon every Man for his Offence See Fitz. Nat. Br. fol. 57 76. And so-it is used We stm 2. ca. 8. Clerk of the Estreats See in Clerk Estrepe Fr. Estropier i. Mutilare To make spoil by a Tenant for life in Lands or Woods to the prejudice of him in reversion Estrepement or Estrepament From the Fr. Estropier i. mutilare Signifies spoil made by the Tenant for term of life upon any Lands or Woods to the prejudice of him in the Reversion Stat. 6. Edw. 1. ca. 13. And it may seem by the derivation that Estrepament is properly the unreasonable soaking or drawing away the heart of the Land by Plowing and Sowing it continually without Manuring or other good Husbandry And yet Estropier signifying mutilare it may no less properly be applyed to those that cut down Trees or lop them farther then the Law allowes It signifies also a Writ which lies in two Cases the one when a Man having an Action depending as a Formdon dum fuit infra atatem Writ of right or such like wherein the Demandant is not to recover Damages sues to inhibit the Tenant from making wast during the Sute The other is for the Demandant who is adjudged to recover Seisin of the Land in question and before Execution sued by the Writ Habere facias possessionem for fear
of waste to be made before he can get possession sues out this Writ See more in Fitz. Nat. Br. fol 60 67. Reg. of Writs fol. 76. And Reg. Judic fol. 37. In ancient Records we often find Vastum Estrepamentum facere Videturque Estrepamentum gravius Vasti genus designare Spel. Etheling or Aetheling in the Saxon signifies Noble and it was among our English Saxons the title of the Prince or Kings Eldest Son as we read in Camden Edgar Aetheling England's dearling Everwicscire Yorkshire anciently so called Willielmus Rex Angliae Thumae Archiepiscupo Bertramo de Verdon Baronibus suis Francis Anglis de Everwicscire c. Carta Will. Conq. Evidence Evidentia Is used generally for any proof be it testimony of Men Records or Writings Sir Tho. Smyth hath these words Lib. 2. c. 17. Evidence in this signification is Authentical Writings of Contracts Written Sealed and Delivered And lib. 2. ca. 23. speaking of the Prisoner that stands at the Bar to plead for his life he says thus Then he tells what he can say for himself after him likewise all those who were at the apprehension of the Prisoner or who can give any Indices or Tokons which we call in our language Evidence against the Malefactor It is called Evidence because thereby the point in Issue is to be made evident to the Jury probationes debent esse evidentos i. Perspicuae faciles See Coke on Litt. fol. 283. Exactor Regis The Kings Exactor Qui publicas pecunias tributa vectigalia res fisco debitas exegit Sometimes taken for the Sheriff Hoc enim sensu niger liber Seac par 1. ca. ult Tabulas quibus vicecomes censum Regium colligit Rotulum Exactorium vocatur Examiners in the Chancery Examinatores Are two Officers that examin upon Oath Witnesses produced on either side upon such Interrogatories as the Parties to any Sute do exhibit for that purpose and sometimes the Parties themselves are by particular Order examin'd also by them Excambiator Was antiently used for an Exchanger of Land Ita quod unusquisque eorum qui damna sustinuit aliquo casu contingente quod Excambiator refundat dampna misas expensas quocunque casu proveniente Ex libro Cartarum Priorat Leominstr de anno 2 Edw. 2. Exception Exceptio Is a stop or stay to an Action being used in the Civil and Common Law both alike and in both divided into dilatory and peremptory Of these see Bracton lib. 5. Tract 5. per totum And Britton ca. 91 92. Exchange Cambium vel excambium Is used peculiarly for that compensation which the Warrantor must make to the Warrantee value for value if the Land warranted be recovered from the Warrantee Bracton lib. 2. ca. 16. and lib. 1. cap. 19. It signifies also generally as much as permutatio with the Civilians as the Kings Exchange Anno 1 Hen. 6. ca. 1 4. 9 Ed. 3. Stat. 2. ca. 7. which is the place appointed by the King for exchange of Plate or Bullion for the Kings Coyn. These places have been divers heretofore as appears by the said Statutes but now there is onely one viz. the Tower of London conjoyned with the Mint which in time past might not be as appears by 1 Hen. 6. ca. 4. Exchangeors Are those that return Money beyond Sea by Bills of Exchange which by the Stat. 5 Rich. 2. ca. 2. ought not to be done without the Kings Licence See Excambiator Exchequer See Eschequer Excise Is a Charge or Imposition laid upon Beer Ale Sider and other Liquors within the Kingdom of England Wales and Berwick by Act of Parliament 12 Car. 2. ca. 13. during the Kings life and according to the Rates in the said Act mentioned See 13 Car. 2. ca. 13. 15. ejusdem 9. And 17 ejusdem ca. 4. Excommengement Anno 23 Hen. 8. cap. 3. Is in Law-French the same with Excommunication Excommunication Excommunicatio Is a Censure inflicted by the Canon or Ecclesiastical Judge depriving the person offending from the lawful Communion of the Sacraments and sometimes of the liberty of even conversing with the faithful And it is divided In majorem minorem Minor est per quam quis a Sacramentorum participatione conscientia vel sententia arcotur Major quae non solum a Sacramentorum verum-etiam fidolium Communione oxcludit ab omni actu legitimo separat dividit Venatorius de Sent. Excom Auctoritate Dei Patris omnipotentis Filii Spiritus Sancti beatae Dei genetricis Mariae omniumque Sanctorum Excommunicamus Anathematizamus a limitibus sanctae Matris Ecclesiae sequestramus illos malefactores N. consentaneos quoque participes nisi resipuerint ad satisfactionem venerint sic extinguatur lucerna eorum ante viventem in saecula saeculorum Fiat fiat Amen Ex Emendat Legum Wil. Conquestor in lib. vocat Textus Roffensis Excommunicato Capiendo Is a Writ directed to the Sheriff for apprehending him who stands obstinately Excommunicated Forty days For the contempt of such a one not seeking absolution may be certified or signified into Chancery whence issueth this Writ for the laying him up without Bail or Mainprise until he conform himself Fitz. Nat. Br. fol. 62. Anno 5 Eliz. cap. 23. and Reg. of Writs fol. 65. Excommunicato Deliberando Is a Writ to the Under-Sheriff for Delivery of an Excommunicate person out of prison upon Certificate from the Ordinary of his Conformity to the Jurisdiction Ecclesiastical Fitz. Nat. Br. fol. 63. Reg. of Writs fol. 67. Excommunicato Recipiendo Is a Writ whereby persons excommunicate being for their obstinacy committed to prison and unlawfully delivered thence before they have given caution to obey the Authority of the Church are commanded so be sought for and laid up again Reg. of Writs fol. 67. a. Executione Facienda Is a Writ commanding Execution of a Judgment the divers uses whereof see in the Table of Register Judicial Executione facienda in Witheinamium Is a Writ that lies for the taking his Cartle who formerly had conveyed out of the County the Cattle of another So that the Bailiff having authority from the Sheriff to Replevy the Cattle so conveyed away could not execute his charge Reg. of Writs fol. 82. b. Execution Executio Signifies the last performance of an Act as of a Fine or Judgment Execution of a Fine is the obtaining Actual Possession of the things contained in it by vertue thereof which is either by Enây into the Lands or by Writ whereof see West at large Par. 2. Symbol tit Fines sect 137. Executing of Judgments Statutes and such like see in Fitz. Nat. Br. in Indice 2. verbo Execution Coke vol. 6. casu Blumfield fol. 87. a. makes two sorts of Executions one final another with a quousque tending to an end An Execution Final is that which makes Money of the Defendants Goods or extends his Lands and delivers them to the Plaintiff which he accepts in satisfaction and is
the end of the Sute and all that the Kings Writ commands to be done The other Writ with a Quousque is tending to an end but not final as in the Case of Capias ad Satisfaciendum c. which is not final but the Body of the party is to be taken to the intent to satisfie the Demandant and his imprisonment is not absolute but until he satisfie Idem ibid. Executor Executor Is he that is appointed by any Mans last Will and Testament to have the Execution thereof and the disposing of all the Testators substance according to the tenor of the Will See the Duty of Executors a Book so entituled Executor de son tort Or of his own wrong is he that takes upon him the Office of an Execator by intrusion not being so constituted by the Testator or deceased nor for want of such Constitution constituted by the Ordinary to administer How far he shall be liable to Creditors see 43 Eliz. cap. 8. Dyer 166. and the Duty of Executors cap. 14. Exemplification of Letters Patent An. 13 Eliz. cap. 6. Is a copy or example of Letters Patent made from the Inrollment thereof and sealed with the Great Seal of England which Exemplifications are as effectual to be shewed or pleaded as the Letters Patent themselves Nothing but matter of Record ought to be exemplified 3 Inst fol. 173. See Pages Case 5 Rep. Exemplificatione Is a Writ granted for the Exemplification of an Original See Reg. of Writs fol. 290. Ex gravi Querela Is a Writ that lies for him to whom any Lands or Tenements in Fee within a City Town or Borough wherein Lands are devisable are devised by Will and the Heir of the Devisor enters and detains them from him Reg. of Writs fol. 244. Old Nat. Br. fol. 87. See Fitz. Nat. Br. fol 198. L. Exhibit Exhibitum When any Deed Acquittance or other writing is in a sute in Chancery exhibited to be proved by Witnesses and the Examiner certifies on the back of it that the Deed was shewed to such a one at the time of his Examination this is there called an Exhibit The word is mentioned Anno 14 Car. 2. cap. 14. Exigendaries of the Common Bench Exigendarii de Banco Communi Are otherwise 10 Hen. 6. cap. 4. called Exigenters which Vide. Exigent Exigenda Is a Writ that lies where the Defendant in an Action Personal cannot be found nor any thing of his within the County whereby to be attached or distrained and is directed to the Sheriff to proclaim and call him five County days one after another charging him to appear under pain of Outlary This Writ also lies in an Indictment of Felony where the party indicted cannot be found Smith de Repub. Angl. lib. 2. cap. 19. It is called an Exigent because it exacteth the party that is requires his appearance or forth-coming to answer the Law for if he come not at the last days Proclamation he is said to be Quinquies Exactus and then is Outlawed Cromp. Jurisd fol. 188. See the New Book of Entries verbo Exigent Exigenters Exigendarii Are four Officers of the Court of Common Pleas who make aâl Exigents and Proclamations in all Actions wherein Process of Outlary lies and Writs of Supersedeas as well as the Pronotaries upon such Exigents as were made in their Offices 18 Hen. 6. cap. 9. But the making the Writs of Supersedeas is since taken from them by an Officer in the Court of Common Pleas erected by King James by his Letters Patent in the later end of His Reign Ex mero motu Lat. Are formal words used in the Kings Charters and Letters Patent signifying that he does what is contained therein Of his own will and motion without Petition or Suggestion made by any other and the effect of these words is to Bar all Exceptions that might be taken to the Instrument wherein they are contained by alleaging that the Prince in passing such a Charter was abused by salse suggestion Kitchin fol. 352. Ex Officio By vertue of a Branch of the Stat. 1 Eliz. cap. 1. the Queen by Her Letters Patent might authorise any person or persons c. To administer an Oath Ex Officio whereby the supposed Delinquent was compelled to confess accuse or purge himself of any criminal matter and thereby be made liable to censure or punishment c. The Branch of which Statute relating to the said Oath is repealed 17 Car. 1. cap. 11. Exoneratione Sectae Was a Writ that lay for the Kings Ward to be disburdened of all sute c. to the County Hundred Leet or Court Baron during the time of his Wardship Fitz. Nat. Br. fol. 158. Ex Parte Lat. Partly or of one part In the Court of Chancery it hath this signification A Joynt-Commission is that wherein both Plaintiff and Defendant joyn A Commission Ex parte is that which is taken out and executed by one Party onely Ex parte talis Is a Writ that lies for a Bailiff or Receiver who having Auditors assigned to hear his account cannot obtain of them reasonable allowance but is cast into Prison by them Fitz. Nat. Br. fol. 129. The manner in this Case is to take this Writ out of the Chancery directed to the Sheriff to take four Mainpernors to bring his Body before the Barons of the Exchequer at a day certain and to warn the Lord to appear at the same time Expectant Used with this word Fee differs from Fee-simple For example Lands are given to a Man and his Wife in Frank-Marriage To hold to them and their Heirs In this case they have Fee-simple Bat if it be given to them and the heires of their body c. they have Taile and Fee-expectant Kitchin fol. 153. Explees See Esplees Expeditate Expeditare vel expaaltare In the Forest Laws signifies to cut out the Balâ of great Dogs fore-feet for preservation of the Kings Game Every one that keeps any great Dogs not expeditated forfeits three shillings to the King The Ball of the foot of Mastists is not to be cut off but the three Claws of the fore-foot to the skin 4 Part. Inst fol. 308. Nullus Dominicos canes Abbatis Monachorum expaaltari cogat Charta Hen. 3. Abbati de Rading sint quieti de espeditamentis canum Ex magno Rot. Pipae de Anno 9 Ed. 2. Expenditors Anno 37 Hen. 8. ca. 11. Seems to signifie those that pay disburse or expend the Tax in the said Statute mentioned Anno 7 Jac. ca. 20. Paymasters Expensis militum levandis Is a Writ directed to the Sheriff for levying allowance for the Knights of the Parliament Reg. of Writs fol. 191. b. Explorator A Scout In memoriam Henrici Croft Equitis aurati Exploratoris in Hibernia generaliâ qui obiit Anno 1609. Scoutmaster-general Also a Huntsman or Chaser Idem Abbas habens Exploratores suos statim ponere fecit retia c. In Itin. Pickering 8 Ed. 3. Rot. 4. Extend Extendere To value
the Lands or Tenements of one bound by Statute c. that has forfeited his Bond to such an indifferent rate as by the yearly rent the Creditor may in time be paid his Debt The course and circumstances of this see in Fitz. Nat. Br. fol. 131. Extendi facias Is ordinarily called a Writ of Extent whereby the value of Lands is commanded to be made and levied in divers cases which see in the Table of the Register of Writs Extent Extenta Sometimes signifies a Writ or Commission to the Sheriff for the valuing of Lands or Tenements Sometimes the Act of the Sheriff or other Commissioner upon this Writ Broke tit Extent fol. 313. An. 16 17 Car. 2. ca. 5. Extinguishment from Extinguo Signifies an effect of consolidation For example if a Man have a yearly rent due to him out of my Lands and afterwards purchase the same Lands now both the property and rent are consolidated or united in one possessor and therefore the rent is said to be extinguished So where a Man has a Lease for years and afterwards buys the property this is a consolidation of the property of the Fruit and an Extinguishment of the Lease And if there be Lord Mesn and Tenant and the Lord purchase the Tenancy then the Mesnalty is extinct but the Mesne shall have the surplusage of the Rent if there be any as rent-seck Terms ley Extirpatione Is a Writ judicial that lies against him who after a Verdict found against him for Land c. does maliciously overthrow any House or extirpate any Trees upon it And it is two-fold one ante judicium the other post judicium Reg. judicial fol. 13. 56. 58. Extortion Extortio Is an unlawful or violent wringing of Money or Money-worth from any Man For example if an Officer by terrifying another in his Office take more then his ordinary Fees or Duties he commits and is Inditeable of this offence To this in Wests Judgment may be refer'd the exaction of unlawful Usury winning by unlawful games and in one word all taking of more then is due by color or pretence of right as excessive Toll in Milners excessive prizes of Alc Bread Victuals Wares c. Part 2. Symb. tit Inditements Sect. 65. Manwood Part 1. pa. 216. sayes Extortion is colore Officii not virtute Officii Crompton in his Justice of Peace fol. 8. sayes to this effect Wrong done by any Man in properly a Trespass but excessive wrong is called Extortion and this is most properly in Sheriffs Mayors Bailiffs and other Officers whatsoever who by color of their Office work great oppression and wrong to the Kings Subjects in taking excessive Rewards or Fees for executing their Office In the same Author fol. 48. you may see great diversity of Cases touching Extortion See also 3 Part. Inst fol. 149. Extracts See Estreats Eyre See Eire Eyet Insuletta A little Island I have seen it corruptly written in some modern Conveyances Eyght F. F. He that shall maliciously strike any person with a Weapon in Church or Church-yard or draw any Weapon there with intent to strike shall have one of his Ears cut off and if he have no Ears then shall be marked on the Cheek with a hot Iron having the Letter F. whereby he may be known for a Fray-maker or Fighter Anno 5 6 Edw. 6. ca. 4. Fabrick-Lands Are lands given towards the maintenance rebuilding or repair of Cathedrals or other Churches and mentioned in the Act of Oblivion 12 Car. 2. ca. 8. In Antient time almost every one gave by his Will more or less to the Fabrick of the Cathedral or Parish-Church where he liv'd In Dei nomine Amen Die veneris ante Festum Nativitatis Sancti Johannis Baptistae Anno Dom. 1423. Ego Ricardus Smyth de Bromyard condo Testamontum meum in hunc modum Inprimis lego animam meam Deo beatae Mariae omnibus Sanctis Corpusque meum sepeliendum in Cimiterio Beatae Edburgae de Bradway Item lego Fabricae Ecclesiae Cathedralis Hereford xii d. Item lego Fabricae Capella Beatae Mariae de Bromyard xl d. Item lego Fratribus de Woodhouse xx d. Residuum vero bonorum c. These Fabric-lands the Saxons called Tymber-londs Faculty Facultas As it is restrained from the Original and Active signification to a particular understanding in Law is used for a priviledge or especial power granted to a man by favour indulgence and dispensation to do that which by the Common-Law he cannot as to eat Flesh upon dayes prohibited to Marry without Banes first asked c. Anno 28 Hen. 8. ca. 16. The Court of Faculties belongs to the Archbishop of Canterbury and his Officer is called Magister ad facultates his power is to grant Dispensations as to Marry to eate Flesh on dayes prohibited the Son to succeed the Father in his Benefice one to have two or more Benefices incompatible c. This Authority was given by the Statute 25 Hen. 8. ca. 21. See 4 Part. Inst fol. 337. Faint alias Feint-Action Fr. feinct Is as much as Fained-Action that is such an Action as albeit the words of the Writ be true yet for certain causes he has no Title to recover thereby And a false action is where the words of the Writ are false Coke on Lit. fol. 361. yet sometimes they are confounded Faint-Pleader from the Fr. Feinte Falsus Signifies a false covenous or collusory manner of pleading to the deceit of a third party 34 35 Hen. 8. ca. 24. Fair-pleading See Beaupleder Faitours a French word antiquated or somewhat traduced for the modern French is Faiseur i. Factor Is used in the Stat. 7 R 2. ca. 5. in the evil part signifying a bad Doer or it may not improbably be interpreted an idle Liver taken from faitardise which signifies a kind of num or sleepy Disease proceeding of too much sluggishness which the Latines call Veturnus For in the said Statute it seems to be a Synonymon with Vagabond Falda A Sheepfold Et quod oves sint levantes cubantes in propria falda Canonicorum praedictorum Rot. cart 16 Hen. 2. m. 6. Faldage Faldagium Is a priviledge which many Lords anciently reteined to themselves of setting up sheep-folds or Pens in any Fields within their Mannors the better to manure them and this not onely with their own but with their Tenants Sheep which is called Secta faldae This Faldage is call'd in some places a Fold-course or Free-fold and in some ancient Charters Fald-soca i. Libertas faldae or Libertas foldagii Rogerus Rusteng concessit Eccesiae B. Mariae de Wimondbam 40 acras terrae in Scarnebrune cum dimidia Fald-soca c. Chartular Monasterialis Ecclesiae praedict pa. 48. De Faldagio habendo ad ducentos bidentes ad plus in villa de Atheburgh Mon. Angl. 2 Par. fo 275. a. Falesia Fr. Falaize A Bank Hill or down by the Sea-side Coke on Litt. fol. 5. b. Falkland alias Folkland See Copyhold and Freehold
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-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 âlocandis 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 âiduciam 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
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
Sciant quod ego Johannes Lovet Miles Dominus de Elmeley Lovet Dedi Waltero le Blount fratri meo Johanni Filio suo Filiolo meo quindecim solidos annui reditus c. Sine dat Here Filiolus is used for a Nephew for Walter Blount married the sister of this Sir John Lovet unless John the Son were also Godson to Sir John Filkale See Sothale and Fictale File Filacium A Thred or Wier whereon Writs or other Exhibits in Courts and Offices are fastned properly called Filed for the more safe keeping them Finders Anno 18 Edw. 3. stat 1. and 14 Rich. 2. cap. 10. Seem to be all one with those which in these days we call Searchers Fine Finis Hath divers uses or significations the first and most noble is according to Glanvile lib. 8. cap. 1. Amicabilis compositio finalis concordia ex consensu licentia Domini Regis vel ejus Justiciariorum or a Covenant made before Justices and entred of Record for Conveyance of Lands Tenements or any thing inheritable being In esse tempore Finis to the end to cut off all Controversies Et Finis dicitur Finalis Concordia quia imponit finem litibus est exceptio peremptoria says Bracton lib. 5. tract 5. cap. 28. num 7. See the New Book of Entries verbo Fines And 27 Edw. 1. stat 1. cap. 1. So that this Fine appears to be a Composition or Concord acknowledged and recorded before a Competent Judge touching some Hereditament or thing immovable that was in controversie between the parties to the same Concord and that for the better credit of the transaction it is by imputation made in the presence of the King because levied in his Court and therefore it bindes Women-Covert being parties and others whom ordinarily the Law disables to transact onely for this reason That all presumption of deceit or evil meaning is excluded where the King and His Court of Justice are supposed to be privy to the Act. Originally the use of this Final Concord was instituted and allowed in regard that by the Law and ancient course of Proceedings no Plaintiff giving Real Security or Sureties De clamore suo prosequendo and being to be Fined or Amerced by the Judges if he failed therein which as appeareth by the Records of King Edward the First were duly Estreated and certified into the Exchequer could agree without License of the Court So as Fines have been anciently levied in Personal Actions and for no greater a sum of Money then xi l. But subtilty of Wit and Reason hath in time wrought other uses of it viz. To cut off Intails and with more certainty to pass the interest or title of any Land or Tenement though not controverted to whom we think good either for years or in Fee In so much as the passing a Fine in most Cases now is but Mera fictio Juris alluding to the use for which it was invented and supposing an Action or Controversie where in truth none is and so not onely operating a present Bar and Conclusion against the parties to the Fine and their Heirs but at five years end against all others not expresly excepted if it be levied upon good consideration and without Covin as Womencovert Persons under Twenty one years Prisoners or such as are out of the Realm at the time of its acknowledging Touching which see the Statutes Anno 1 Rich. 3. cap. 7. 4 H. 7. cap. 14. 32 Hen. 8. cap. 36. and 31 Eliz. cap. 2. This Fine hath in it five essential Parts 1. The Original Writ taken out against the Cognizor 2. The Kings License giving the parties liberty to accord for which he hath a Fine called the Kings Silver being accounted part of the Crowns Revenue 3. The Concord it self which begins thus Et est Concordia talis c. 4. The note of the Fine which is an abstract of the Original Concord beginning thus Sc. Inter R. querentem S. T. uxorem ejus deforcientes c. where in stead of Deforcientes anciently Impedientes was used 5. The foot of the Fine Haec est Finalis Concordia facta in Curia Domini Regis apud Westm a die Poschae in Quindecim dies Anno c. includes all containing the day year and place and before what Justice the Concord was made Coke vol. 6. Casu âey fol. 38. This Fine is either single or double a Single fins is that by which nothing is granted or rendred back again by the Cognizees to the Cognizors or any of them A Double fine contains a grant and render back either of some Rent common or other thing out of the Land or of the Land it self to all or some of the Cognizors for some Estate limiting thereby many times Remainders to strangers not named in the Writ of Covenant and a Fine is sometimes called a double fine when the Lands do lie in several Counties Again a Fine is in its effect divided into a Fine executed and a Fine executory a Fine executed is such as of its own force gives a present possession at least in Law to the Conizec so that he needs no Writ of Habere facias Seizinam for Execution of the same but may enter of which sort is a Fine Sur cognizance de droit come ceo que il ad de son done that is upon acknowledgment that the thing mentioned in the Concord is Jus ipsius cognizaâi ut illa quae idem habet de dono Cognitoris West sect 51. K. The reason is because this Fine passeth by way of Release of that thing which the Conizee hath already at least by supposition by vertue of a former gift of the Conizor Coke lib. 3. Case of Fines fol. 89. b. Which is in very Deed the surest Fine of all Fines Executory are such as of their own force do not execute the possession in the Cognizees as Fines Sur cognizance de droit tantum Fines sur done Grant Release Confirmation or Render For if such Fines are not levied or such render made to those who are in possession at the time of the Fines levied the Conizees must needs sue out Writs of Habere facias seisinam according to their several Cases for obtaining their possessions except at the levying such Executory fines the parties to whom the Estate is limited be in possession of the Lands passed thereby For in this Case such Fines do enure by way of extinguishment of Right not altering the Estate or Possession of the Cognizee but perhaps bettering it West Symbol sect 20. Touching the form of these Fines it is to be considered upon what Writ or Action the Concord is to be made and that is most commonly upon a Writ of Covenant and then there must first pass a pair of Indentures between the Cognizor and Cognizee whereby the Cognizor Covenants with the Cognizee to pass a Fine to him of such and such things by a day limited As these Indentures are first in this proceeding
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 quoâiescuâque 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
detaining or with-holding possession Is a violent act of resistance by strong hand of Men weaponed or other action of fear in the same place or elswhere by which the lawful Entry of Justices or others is bard or hindered West pa. 2. Symbol tit Indictments sect 65. Cromptons Just of Peace fol. 59. Forcible Entry Ingressus manu forti factus Is a violent actual entry into House or Land c. or taking a distress being weaponed whether he offer violence or fear of hurt to any there or furiously drive any out of possession West and Crompton ut supra It is also used for a Writ grounded upon the Stat. 8 Hen. 6. cap. 9. whereof read Fitz. Nat. Br. at large fol. 248. New Book of Entries verbo Forcible Entry and Lamberts Eiren. lib. 2. cap 4. Foreclosed Anno 33 Hen. 8. cap. 39. Barred shut out or excluded for ever 2 Part. Inst fol. 298. Foregoers Were Purveyors otherwise called Going before the King in Progress to provide for Him Anno 36 Edw. 3. cap. 5. Forein Fr. Forain Lat. Forinsecus Is in our Law joyned with divers Substantives in Senses not unworthy the Exposition As Forein Matter that is matter triable in another County Pl. Cor. fol. 154. or matter done in another County Kitchin fol. 126. Forein Plea Is a refusal of the Judge as incompetent because the matter in question is not within his Jurisdiction Kitchin f. 75. Anno 4 Hen. 8. cap. 2. And 22 Ejusdem cap. 2. 14. Forein Answer Is such an Answer as is not triable in the County where it is made 15 Hen. 6. cap. 5. Forein Service Is that whereby a Mean Lord holds over of another without the compass of his own Fee Broke tit Tenures fol. 28 95 251. num 12. 28. Kitchin fol. 209. or else that which a Tenant performs either to his own Lord or to the Lord Paramount out of the Fee Of which Services thus Bracton lib. 2. cap. 16. num 7. Item sunt quaedam servitia quae dicuntur forinseca quamvis sunt in charta de Feoffamento expressa nominata quae ideo dici possunt forinseca quia pertinent ad Dominum Regem non ad Dominum capitalem nisi cum in propria persona profectus fuerit in servitio vel nisi cum pro servitio suo satisfecerit Domino Regi quocunque modo fiunt in certis temporibus cum casus necessitas evenerit varia habent nomina diversa Quandoque enim nominantur forinseca largè sumpto vocabulo quoad servitium Domini Regis quandoque Scutagium quandoque servitium Domini Regis ideo forinsecum dici potest quia sit capitur foris sive extra servitium quod fit Domino capitali Forein Service seems to be Knights-service or Escuage uncertain Perkins Reservation 650. Salvo forinseco servicio Mon. Angl. 2 Par. fol. 637. b. Forein Attachment Is an Attachment of Foreiners Goods found within a Liberty or a City for the satisfaction of some Citizen to whom the Foreiner is indebted At Lempster anciently Leominstre there is the Borough and the Forein which last is within the Jurisdiction of the Mannor but not within the Bailiff of the Boroughs Liberty Forein Opposer or Apposer Forinsecarum Oppositor Is an Officer in the Exchequer to whom all Sheriffs after they are apposed of their sums out of the Pipe Office do repair to be opposed by him of their Green Wax He examines the Sheriffs Estreats with the Record and apposeth the Sheriff what he says to every particular sum therein Practise of the Exchequer fol. 87. See 4 Inst fol. 107. Forera Terra transversalis seu Capitalis A Head-land or as they vulgarly call it Hade-land Uno capite abuttante super Foreram Rogeri Attecastel Carta de Anno 47 Edw. 3. Penes Tho. Wollascot Arm. Forest Foresta Signifies a great or vast Wood Locus silvestris saltuosus Our Law-writers define it to be Locum Ubi ferae inhabitant vel includuntur Others say it is called Foresta quasi Ferarum statio vel tuba mansio ferarum Manwood in his second Part of Forest Laws cap. 1. defines it thus A Forest is a certain Territory of Woody Grounds and Fruitful Pastures priviledged for Wilde Beasts and Fowls of Forest Chase and Warren to rest in and abide in the safe Protection of the King for His Princely delight meered and bounded with unremoveable Marks Meers and Boundaries either known by Matter of Record or Prescription Replenished with Wilde Beasts of Venary or Chase and with great Coverts of Vert for succor of the said Beasts For preservation and continuance of which place with the Vert and Venison there are certain particular Laws Priviledges and Officers belonging onely thereto Its properties are these First A Forest as it is truly and strictly taken cannot be in the hands of any but the King because none hath power to grant Commission to be a Justice in Eyre of the Forest but the King Yet the Abbot of Whitby had a Forest by Grant of Henry the Second and King John with all Officers incident thereto 4 Inst fol. 305. 314. The second property is the Courts as the Justice Seat every three years the Swainmote thrice every year and the Attachment once every forty days The third may be the Officers belonging to it for preservation of the Vert and Venison As first the Justices of the Forest the Warden or Keeper the Verderers the Foresters Agistors Regarders Bailiffs Bedels and such like which see in their places See Manwood p ãâ¦ã cap. 1. num 4 5. But the most especial Court of a Forest is the Swain-mote which is no less incident to it then the Court of Pye-Powders to a Fair. If this fail then is there nothing of a Forest remaining but it is turned into the nature of a Chace There are reckoned to be in England Sixty eight Forests For the ascertaining the Meets and Bounds of Forests See Anno 17 Car. 1. cap. 16. Forestagium Et sint quieti de Theoloneo Passagio de Forestagio Theoloneo aquarum viarum Forestam meam contingentium Carta 18 Edw. 1. m. 10. n. 30. Seems to signifie some duty or tribute payable to the Kings Foresters as Chiminage or such like Forestal See Forstal Forester Forestarius Is a Sworn Officer of the Forest appointed by the Kings Letters Patent to walk the Forest both early and late watching both the Vert and the Venison attaching and presenting all Trespassers against them within their own Bayliwick or Walk whose Oath you may see in Crompton fol. 201. And though these Letters Patent are ordinarily granted but quam diu se bene gesserint yet they are granted to some and their heirs who are hereby called Foresters or Fosters in Fee Idem fol. 157 and 159. And Manwood Part. 1. pa. 220. whom in Latin Grompton calls Forastarium Feudi fol. 175. Fore-judging or Forjudging Forjudicatio Signifies a Judgment whereby a Man is deprived
or put by the thing in question Bracton lib. 4. Tract 3. ca. 5. has these words Et non permittas quod A capitalis Dominus Feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So does Kitchin use it fol. 29. and Old Nat. Br. fol. 44 and 81. And the Stat. 5 Ed. 3. ca. 9. and 21 R. 2. ca. 12. Forjudicatus with Authors of other Nations signifies as much as banished or as Deportatus in the ancient Roman-Law as appears by Vincentius de franchis Descis 102. Forjudged the Court Is when an Officer of any Court is banished or expeld the same for some offence or for not appearing to an Action by Bill filed against him and in the later he is not to be admitted to Officiate till he shall appear to the Bill Anno 2 Hen. 4. ca. 8. He shall lose his Office and be forjudged the Court c. Forjudicare interdum est male judicare Spel. Forfang Forefeng A Sax. fore ante fangen prendere est captio obsoniorum quae in foris aut nundinis ab aliquo fit priusquam minister Regis ea ceperit quae Regi fuerint necessaria Antecaptio Et sint quieti de Wardwite de utlewe Forvenge Withfange c. Carta Hen. 1. Hosp Sancti Barth Lond. An. 1133. Forfeiture Forisfactura comes of the French Forfact i. Scelus but signifies with us rather the effect of transgressing a Penal Law then the transgression it self as forfeiture of Escheats Anno 25 Edw. 3. ca. 2. Stat. de Proditionibus Goods confiscated and goods forfcited differ Stam. Pl. Cor. fol. 186. where those seem to be forfeited that have a known owner who has committed some offence whereby he loseth his Goods Confiscate are those that are disavowed by an Offender as not his own nor claimed by any other But Forfeiture is rather more general and Confiscation particular to such as forfeit onely to the Princes Exchequer Full forfeiture plena forisfactura otherwise called plenawita Is a forfeiture of life and member and all else that a man hath Manwood Part. 1. pa. 341. Forfeiture of Marriage Foris factura Maritagii Is a Writ which lay against him who holding by Knights-service and being under age and unmarried refused her whom the Lord offer'd him without his disparagement and married another Fitz. Nat. Br. fol. 141. Reg. of Writs fol. 163. b. Forfeng forefeng Forbenge Quietantiam prioris prisae designat In hoc enim delinquunt Burgenses Londonenses cum prisas suas ante prisas Regis faciunt Fleta lib. 1. ca. 47. See Forfang Forger of false Deeds from the French Forger i. To beat on an Anvil or bring into shape Signifies either him that fraudulently makes and publishes false Writings to the prejudice of any mans right or else the Writ that lies against him who commits this offence Fitz. Nat. Br. fol. 96. b. sayes That a Writ of Deceit lies against him who commits this offence and the penalty of it is declared in the Stat. 5 Eliz. ca. 14. Forlandum Et de duobus Forlandis xvi denarios sc de Forlando Johannis Wauker quod jacet ante terram Ecclesiae viii denarios Mon. Angl. 2 Part. fo 332. Formdon Breve de forma donationis Is a Writ that lies for him who has right to any Lands or Tenements by vertue of any Intail growing from the Stat. of Westm 2. ca. 1. There are three kinds of it viz. Forma Donationis or Formdon in the Descender Formdon in the Reverter and Formdon in the Remainder Formdon in the Descender lies for the recovery of Lands c. given to one and the heirs of his body or to a Man and his Wife and the heirs of their two bodies or to a Man and his Wife being Cosin to the Donor in Frank-Marriage and afterwards alienated by the Donee For after his decease his heir shall have this Writ against the Tenant or Alienee Fitz. Nat. Br. fo 211 217. and 214. makes three sorts of this Formdon in the Descender The first is in the manner now express'd The second for the heir of a Co-parcener that aliens and dies The third he calls Insimul tenuit which lies for a Co-parcner or heir in Gavelkind before partition against him to whom the other Co-parcner or heir has alienated and is dead Formdon in the Reverter lies for the Donor or his heirs where Land is entailed to certain persons and their Issue with condition for want of such issue to revert to the Donor and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Formdon in the Remainder lies where a Man gives Lands in Tayle the Remainder to another in Tayle and afterwards the former Tenant in Tayl dies without issue of his body and a stranger abates then he in Remainder shall have this Writ Reg. of Writs fol. 238. 242. Of this see also the New Book of Entries verbo Formdon and Coke on Litt. fol. 326. b. Fornagium Fr. Fournage Et Dominus Rex proinde amittit per an de exitibus Fornagii sui x. libras Pl. coram Rege ejus Concil in Parl. 18 Ed. 1. in Turr. Lond. It signifies the Fee taken by a Lord of his Tenants bound to Bake in his common Oven as is usual in the North of England or for a permission to use their own also Chimney-Money or Harth-silver See Furnage Fornication Fornicatio Anno 1 Hen. 7. ca. 4. Whoredom the Act of Incontinency in single persons for if either party be Married it is Adultery The first offence herein was punish'd with three Moneths Imprisonment the second was made Felony by a Rump-Act Scobels Collection Anno 1650 ca. 10. SUffex Praeceptum est Vic. quod venire faciat Juratores qui in Assisa Nov. Disseisinae dubium fecerunt Sacramentum tangen quandam Agnetam quam dixerant esse filiam Simonis de Punde patris praedictae Agnetae non dixerint esse haeredem Et in eo quod dixerint quod Matilda quae fuit mater Agnetae fuit uxor dicti Simonis non dixerunt utrum Patria habebat eam ut uxorem ejus Qui Juratores dicunt quod praedictus Simon semper tenuit dictam Matildam ut uxorem suam dicunt quod nunquam dictam Matildam matrem dictae Agnetae desponsavit Sed dicunt quod praedictus Simon aliquo tempore captus fuit per amicos praedictae Matildae in Camera Fornicando cum ipsi Matilda per quod compellebatur unum de tribus facere uxorem vel ipsam affidare vel vitam suam amittere vel ipsam Matildam retro osculare ita quod ipse Simon ibidem dedit fidem suam praedictae Matildae matri praedictae Agnetae quod ipsam desponsare debuit sed ipsam nunquam alio modo desponsavit c. Ideo praedicta Matilda de Kingsford soror praedictae Simonis recepit seisin de 1 Messuag c. in
Is a Writ which a Man indicted or a Trespass before Justices of Peace or in a Court of any Franchise and imprisoned for it may have out of the Kings Bench thereby to remove himself thither at his own costs and to answer the cause there Fitzh Nat. Br. fol. 250. And the order in this case is first to procure a Certiorari out of the Chancery directed to the said Justices for removing the Indictment into the Kings Bench and upon that to procure this Writ to the Sheriff for the causing of his body to be brought at a day Reg. Jud. fol. 81. where you shall finde divers cases wherein this Writ is allowed Habeas Corpora Is a Writ that lies for the bringing in a Jury or so many of them as refuse to come upon the Venire facias for the tryal of a Cause brought to issue Old Nat. Br. fol. 157. See great diversity of this Writ in the Table of the Reg. Judic and the New Book of Entries verbo Habeas Corpora Habendum Is a word of course in a Conveyance in every of which are two principal parts the Premisses and the Habendum The Office of the first is to express the name of the Grantor the Grantee and the thing granted The Habendum is to limit the estate so that the general implication of the estate which by construction of Law passeth in the Premisses is by the Habendum controlled and qualified As in a Lease to two persons the Habendum to one for life the Remainder to the other for life alters the general implication of the Joyntenancy in the Freehold which should pass by the Premisses if the Habendum were not Coke vol. 2. Bucklers Case fol. 55. See Use Habere facias Seisinam Is a Writ Judicial which lies where a Man hath recovered Lands in the Kings Court directed to the Sheriff and commanding him to give him Seisin of the Land recovered Old Nat. Br. fol. 154. whereof see great diversity in the Table of the Reg. Judic This Writ is issuing sometimes out of the Records of a Fine executory directed to the Sheriff of the County where the Land lies and commanding him to give to the Cognizee or his Heirs Seisin of the Land whereof the Fine is levied which Writ lieth within the year after the Fine or Judgment upon a Scire Facias and may be made in divers Forms West part 2. Symb. tit Fines sect 136. There is also a Writ called Habere facias seisinam ubi Rex habuit annum diem vastum which is for the delivery of Lands to the Lord of the Fee after the King hath taken his due of his Lands who was convict of Felony Reg. of Writs fol. 165. Habere facias visum Is a Writ that lies in divers cases as in Dower Formedon c. Where a View is to be taken of the Lands or Tenements in question See Fitz. Nat. Br. in Indice verbo View Bracton lib. 5. tract 3. cap. 8. and Lib. 5. part 2. cap. 11. See View Haberjects or Haubergets Haubergettae A kinde of Cloth Una sit latitudo pannorum tinctorum russatorum Haubergettarum scil Duae ulnae infra listas Mag. Charta cap. 26. Habillements of War Anno 31 Eliz. cap. 4. Armor Harness Utensils or Provisions for War without which Men have not ability to maintain War 3 Part. Instit fol. 79. Hables Is the Plural of the French Hable signifying a Sea-Port or Haven The word is used 27 Hen. 6. cap. 3. Hadbote Sax Was a recompence or satisfaction for the violation of Holy Orders or violence offered to persons in Holy Orders Sax. Dict. Hade of Land Hada terrae Sârsum reddidit in manus Domini duas acras terrae continens decem Seliones duas Hadas Anglice Ten Ridges and two Hades jacenâ in t terr Maner de Orleton Anno 16 Jac. Haerede deliberando aliâ qui habet custodiam terrae Was a Writ directed to the Sheriff willing him to command one that had the body of him who was Ward to another to deliver him to him whose Ward he was by reason of his Land Reg. of Writs fol. 161. b. Haerede abducto Is a Writ that lay for the Lord who having by right the Wardship of his Tenant under age could not come by his body being conveyed away by another Old Nat. Br. fol. 93. See Ravishment de Gard and Haerede rapto in Reg. of Writs fol. 163. Haeretico comburendo Is a Writ that lay against him that was an Heretick viz. Who having been once convict of Heresie by his Bishop and having abjured it fell afterwards into it again or into some other and was thereupon committed to the Secular power Fitz. Nat. Br. fol. 269. This Writ lies not at this day according to Sir Edward Coke in his 12 Rep. fol. 93. Hafne Courts Hafne is a Danish word and signifies with us a Haven or Sea-Port Letters Patent of Richard Duke of Glocester Admiral of England 14 Aug. Anno 5 Edw. 4. have these words Ulterius dicunt quod dicti Abbas Conventus praedecessores sui habent habere consueverunt per idem tempus in praedictis villis Bancaster Ringstead cum Hulmo quasdam Curias Portus vocatas Hafne Courts tenendas ibidem ad placitum Abbatis c. Haven or Port-Courts 4 Inst fol. 147. Haga Sax. Haeg i. Domus a House In Domesday tit Sussex Terra Rogerii num 11. Radulfus tenet unam Hagam de xii Denar Willielmus quinque Hagas de quinque Sol c. An ancient anonymous Author expounds Haga to be Domus cum Shopa Cum novem praefatae Civitatis habitaculis quae patria lingua Hagan appellari solent Charta Ethelredi Regis in Auctario Matth. Paris fol. 240. Coke on Littl. fol. 56. b. See Haw Hagbut See Haque and Haquebut Haia A Hedg and sometimes taken for a Park or Enclosure Vallatum fuit inclausatum fossato Haia palatio Bracton lib. 2. cap. 40. num 3. Hence Haiement for a Hedg-fence Rot. Inq. 36 Edw. 3. in Scac. de Foresta âaiebote from the Fr. Haye i. sepes and the Sax. Bote i. compensatio Is used for a permission or liberty to take Thorns and Freeth to make or repair Hedges Halsfange See Pillory and Healfang Half-mark Dimidia Merkae Is a Noble Fitzherbert in Nat. Br. fol. 5. says That in case a Writ of Right be brought and the Seisin of the Demandant or his Ancestor alleaged the Seisin is not traversable by the Defendant but he may tender the Half-mark for the enquiry of this Seisin which is in plainer terms that the Defendant shall not be admitted to deny that the Demandant or his Ancestor was seised of the Land in question and to prove his denial but that he shall be admitted to tender Half a Mark in Money to have an Enquiry made whether the Deinandant c. were so seised or not And in this signification we read the same words in the Old English Nat. Br. fol.
in Jamaica Granadillo The tree is low and small seldom bigger then a mans leg Jampnum Furze or Gorse and Gorstyground 1 Part Croke fo 179. A word much used in Fines and seemes to be taken from the Fr. Jaulne i. Yellow because the blossomes of Furze or Gorse are so Yet Sir Edw. Coke on Litt. pa. 5. sayes Jampna signifies a waterish place quaere Jarr Span. Jarro i. An Earthen Pot with us it is taken for an Earthen pot or Vessel of Oyl containing twenty Gallons Jarrock Anno 1 Rich. 3. ca. 8. Is a kind of Cork so called with which this Statute prohibits Dyers to Dye Cloth Identitate nominis Is a Writ that lies for him who is taken upon a Capias or Exigent and committed to prison for another man of the same name whereof see the form and further use in Fitz. Nat. Br. fo 267. and Reg. of Writs fol. 194. Idemptitate nominis maintainable by Executors c. Anno 9 Hen. 6. ca. 4. Ides Idus Eight dayes in every Moneth so called In March May July and October these eight dayes begin at the eighth day of the Moneth and continue to the fifteenth in other Moneths they begin at the sixth day and continue to the thirteenth Note that the last day onely is called Ides and the first of these dayes the eighth Ides the second the seventh Ides that is the eighth or seventh day before the Ides and so of the rest Therefore when we speak of the Ides of such a Moneth in general it is to be understood of the 15th or 13th day of that Moneth See Calends Ideot Is a Greek word properly signifying a private man who has no publick Office Among the Latins it is taken for illiteratus imperitus and in our Law for non compos mentis vulgarly a natural fool The words of the Statute 17 Ed. 2. ca. 9. are Rex habebit custodiam terrarum fatuorum naturalium Whereby it appears he must be a natural fool that is a Fool a Nativitate For if he were once wise and became a Fool by chance or misfortune the King shall not have the custody of him Stam. Praerog ca. 9. Fitz. Nat. Br. fol. 232. If one have so much understanding as to measure a yard of Cloth number 20 pence or rightly name the dayes in the week or beget a Child he shall not be accounted an Ideot or Natural Fool by the Laws of the Realm See Cokes 4 Rep. Beverlys Case Idiota inquirenda vel examinanda Is a Writ directed to the Escheator or Sheriff of any County where the King hath notice of an Idiot naturally born so weak of understanding that he cannot manage his inheritance to call before him the party suspected of Idiocy and examine him and to enquire by the oaths of Twelve Men whether he be sufficiently witted to dispose of his own Lands with discretion or not and to certifie accordingly into Chancery For the King hath by his Prerogative the Protection of his Subjects and the Government of their Lands and Substance who are naturally defective in their discretion Stat. 17 Edw. 2. cap. 9. Reg. of Writs fol. 267. Jeman Sometimes used for Yeoman Sciant quod ego Johannes Smith de Bromyard in Com. Heref. Jeman dedi Ricardo Wiggemore Arm. omnia terr Tenementa c. Dat. 10 Jan. Anno 9 Hen. 6. Jeofaile Is a corruption from the Fr. I'ay faille i. Ego lapsus sum and signifies an oversight in Pleading or other Law proceedings And by the Stat. 32 Hen. 8. cap. 30. it is enacted That if the Jury have once passed upon the Issue though afterwards there be found a Jeofail in the Pleading yet judgment shall be given according to the Verdict See Broke tit Repleader A Jeofail is when the parties to a Sute have proceeded to Issue and this Pleading or Issue is so badly pleaded or joyned or the proceedings so defective that it will be Error if they proceed Then some of the said parties might by their Council shew it to the Court which occasioned many delays in Sutes for redress whereof the foresaid Statute with others in Queen Elizabeth and King James Raigns were made and yet the fault not much amended Jetsen Jetzon and Jotson from the Fr. jetter i. ejicere Is any thing cast out of a Ship being in danger of Wreck and driven to the shore by the Waves See Flotson Jews Judaei See Judaism Anciently we had a Court of the Justices assigned for the Government of the Jews See 4 Instit fol. 254. Rex Vic. Wigorn. salutem Praecipimus tibi quod clamari observari facias per totam Balivam tuam quod omnes Judaei deferant in supeperiori indumento suo ubicunque ambulaverint vel equitaverint infra villam vel extra quasi duas tabulas albas in pectore factas de lineo panno vel de pergameno ita quod per hujusmodi signum manifestè possint Judaei a Christianis discerni T. Comite apud Oxon. 30 Martii Claus 2 Hen. 3. p. 1. m. 10. in Dorso Ignitegium See Curfeu Ignoramus i We are ignorant Is properly written on the Bill of Indictments by the Grand Enquest empanelled in the Inquisition of Causes Criminal and Publick when they mislike their Evidence as defective or too weak to make good the Presentment The effect of which word so written is that all farther enquiry upon that party for that fault is thereby stopped and he delivered without farther Answer It hath a resemblance with that custom of the ancient Romans where the Judges when they absolved a person accused wrote A. upon a little Table provided for that purpose i. Absolvimus If they judged him guilty they wrote C. i. Condemnamus If they found the Causes difficult and doubtful they wrote N. L. i. Non Liquet Ikenild-stréet Stratum Icenorum Is one of the four famous ways which the Romans made in England taking name Ab Icenis who were the Inhabitants of Norfolk Suffolk and Cambridgshires Cam. Brit. fol. 343. See Watling-street and LL. Edovardi Confess cap. 12. Illeviable That ought not or may not be levied As nihil is a word set upon a debt Illeviable Imbargo Span A stop or stay commonly upon Ships by publick Authority Anno 18 Car. 2. cap. 5. Imbezle or Imbesil To steal pilfer or purloyn Mentioned Anno 14 Car. 2. cap. 31. Imbracery See Embracery Imparlance interlocutio or interloquela Is a Motion or Petition made in Court by the the Tenant or Defendant upon the count of the Demandant or Declaration of the Plaintiff whereby he craves respight or a further day to put in his Answer See Broke tit Continuance Imparlance is general or special Special is with this clause Salvis omnibus advantagiis tam ad jurisdictionem Curiae quam Breve Narrationem Kitchin fol. 200. General is that which is made at large without inserting that or the like cause See Emparlance Imparsonée As Parson imparsonee persona impersonata is he that is inducted and in
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 anglicoÌ 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
cap. 11. Lawn See Landa Layland Terra inculta novale Land that lies untilled Leap-year See Bissextile Lease from the Fr. Laisser i. Relinquere Permittere Is a Demise or Letting of Lands Tenements Right of Common Rent or any Hereditament to another for Term of Years or Life for a Rent Reserved If the Lease be written it is said to be an Indenture Deed Poll or Lease in writing if made by word of Mouth it is called a Lease Parol The Party that Lets this Lease is called the Leassor and he to whom it is made the Leassee A Lease hath in it six Points or Parts 1. Words importing a Demise 2. A Leassee named 3. A Commencement from a day certain 4. A Term of Years 5. A Determination 6. A Reservation of Rent Coke vol. 6. Knights Case fol. 55. Lecherwite alias Legerwite See Lairwite Leccator A Riotous debauched Person a Roaring Boy a Tavern-hunter Sciant quod ego Johannes Constabularius Cestriae dedi Hugoni de Dutton Haeredibus Magistratum omnium Leccatorum Meretricum totius Cestershiriae sicut liberiùs illum Magistratum teneo de Comite Salvo jure meo mihi haredibus meis Hiis testibus c. Sine dat circa Annum 1220. Lǽt Leta visus Franci-plegii Otherwise called a Law-daw This Court in whose Mannor soever kept is accounted the Kings Court because the Authority thereof is originally belonging to the Crown and thence derived to inferior persons and is a Court of Record It enquireth of all offences under High Treason though it cannot punish many but must certifie them to the Justices of Assize by Stat. 1 Edw. 3. cap. ult Of which see 4 Inst fol. 261. And the Stat. 8 Edw. 2. Haec est Curia prisca illa says Spelman quae inter Saxones ad Friborgos Decanias Tenmentalas pertinebat Leet comes from the Sax. Laet i. Censura arbitrium or from Laetan Censere aestimare Quòd in hac olim Curia de damnis aestimabatur inter vicinos emergentibus ut patet in LL. Edw. Conf. cap. 20. See the Antiquities of Warwickshire fol. 2. Legacy Legatum Is a particular thing given by a last Will and Testament and he to whom such Legacy is given is called a Legatee Legalis homo Is taken for him who stands Rectus in Curia not Outlawed nor Excommunicated nor Defamed and in his sence are those words so often used Probi et legales homines Hence Legality is taken for the condition of such a Man Ipse tamen malefactor tradat fidejussores de pace legalitate tuenda i. Sureties for his Good-behavior LL. Edw. Conf. cap. 18. See Yoman Legatarie Legatarius He or she to whom any thing is bequeathed a Legatée Spel. says it is sometimes used Pro Legato vel Nuncio Legatorie Anno 27 Eliz. cap. 16. The same with Legatary Legergild Legergildum The same with Lairwite But in the Laws of Hen. 1. cap. 12. it seems to have a different signification Si quis Dei fugitivum habet injustè reddat eum ad rectum persolvat ei cujus erit Regi emender secundum Legergildum Legespend See Lespegend Legitimation Legitimatio A making lawful or Legitimate Lent from the Sax. Lencten Faesten i. Jejunium vel tempus quadragesimale The Spring Fast A time of Fasting for forty days next before Easter mentioned in the Stat. 2 3 Edw. 6. cap. 19. And according to Sir Rich. Baker Chron. fol. 7. first commanded to be observed in England by Ercombert Seventh King of Kent before the year 800. Lep and Lace Leppe Lasse Is a Custom within the Mannor of Writtel in Com. Essex that every Cart that comes over a part thereof called Greenbury except it be the Cart of a Nobleman pays four pence to the Lord of the Mannor This Greenbury is conceived to have anciently been a Market place and therefore had this priviledge granted Tobias Edmonds Gen Senescal ibid. Leporarius A Grey-hound for the Hare Concedo eis duos Leporarios quatuor Bracatos ad leporem capiendum in Foresta nostra de Essexia Mon. Angl. 2 par fol. 283. a. Leproso amovendo Is a Writ that lies for a Parish to remove a Leper or Lazar that thrusts himself into the Company of his Neighbors either in Church or other Publick Meetings to their Annoyance Fitz. Nat. Br. fol. 234. Lespegend Sax. Les-thegen i. Barominor Sint sub quolibet horum quatuor ex mediocribus hominibus quos Angli Lespegend nuncupant Dani vero Yoong men vocant locati qui curam onus tum viridis tum veneris suscipiant Constitut Canuti Regis de Foresta Art 2. Lestage See Lastage Leth. See Lath. Letherwite 2 Inst fol. 488. This is doubtless there mistaken or false Printed for Lecherwite See Lairwite Letters Patent Literae Patentes Are Writings sealed with the Great Seal of England whereby a Man is enabled to do or enjoy that which otherwise of himself he could not Anno 19 Hen. 7. cap. 7. And they are so called because they are open ready to be shewed for confirmation of the Authority thereby given Letters Patent may be granted by common persons but they are rather called Patents yet for distinction the Kings Letters Patent are sometimes called Letters Patent Royal. Anno 2 Hen. 6. cap. 10. Letters Patent conclude with Teste me ipso c. Charters with Hiis testibus 2 Part Inst fol. 78. Letter of Atturney Litera Atturnati Is a writing authorising an Atturney that is a Man appointed to do a lawful act in our steeds West pa. 1. Symb. lib. 2. sect 559. As a Letter of Atturney to give Seisin of Lands thus anciently PAteat universis per presentes quod ego Johannes Gour Dominus de Peodelestone Attornavi loco meo dilectum mihi in Christo Johannem Hendyng ad ponendum William Nasche Rogerum Nasche in plena pacifica seisina in omnibus illis terris tenementis cum pertin suis quae quas habeo in Orleton prout in carta Feoffamenti dictis Will. Rogero inde confecta plenius continetur Ratum haben gratum quicquid dictus Iohannes nomine meo fecerit in praemissis In cujus c. dat 43 Ed. 3. Letters of Marq See Marq and Reprisals Levant and Couchant Is when Cattel have been so long in another Mans Ground that they have lain down and are risen again to seed in ancient Records Levantes cubantes See Falda Levari facias Is a Writ directed to the Sheriff for the levying a Summ of Money upon his Lands and Tenements who has forfeited a Recognizance Reg. of Writs fo 298. b. Levari facias damna de disseisitoribus Is a Writ directed to the Sheriff for the levying Dammages wherein the Disseisor has formerly been condemned to the Disseisee Reg. of Writs fo 214. b. Levari facias residuum debii Is a Writ directed to the Sheriff for the levying the remnant of a Debt upon Lands and Tenements or Chattels of the Debtor that has been in part
satisfy'd before Reg. of Writs fol. 299. Levari facias quando vicecomes returnavit quod non habuit emptores Is a Writ commanding the Sheriff to sell the Goods of the Debtor which he has already taken and returned that he could not sell Reg. of Writs fol. 300. a. Levy Levare Signifies to gather or exact as to levy Money and is sometimes used to erect or set up as to levy a Mill. Kitchin fo 180. Also to raise or cast up as to levy a Ditch Old Nat. Br. fol. 110. And to levy a Fine which is now the usual term but I have seen a Deed where in William St. George Esquire convenants to rere a Fine of the Mannors of Brandon and Wych-hampton Dat. 17 Hen. 6. Lex Bretoise The Law of the Britans or Marches of Wales Lex Marchiarum See Bretoyse Lex deraisnia rectius Deraisina Is the proot of a thing which one denies to be done by him and his Adversary affirms it defeating and confounding the Assertion of his Adversary and shewing it to be without and against reason or probability Juris membrum est Normannici quod in prisco ejusdem Custumario ca. 126. sic definitur Deraisina autem est Lex quaedam in Normania constituta per quam in simplicibus querelis insecutus factum quod a parte adversa ei obiicitur se non fecisse declarat Vide plura ibidem Dereyn Ley gager Anno 1 Car. 1. ea 3. Wager of Law See Law Ley Lex See Law Libel Libellus Litterally signifies a little Book but by use it is the original Declaration of any action in the Civil Law An. 1 Hen. 5. ca. 3 2 Ed. 6. ca. 13. It signifies also a scandalous report of any man cast abroad or otherwise unlawfully published in Writing but then for difference sake it is called famosus libellus an infamous Libel See Cokes Rep. lib. 5. fo 124 125. 3 Inst fo 174. See Rime Libello habendo See Copia libelli deliberanda Liber taurus A free Bull. Compertum per Jur. quod Will. de Losa fuit seisitus de libero Tauro habendo in Hamsted c. Ideo consideratum est quod praedictus W. recuperet damna sua quae taxantur per Iur. ad iv s pro imparcatione ejusdem Tauri c. Norf. 16 Ed. 1. Libera batella A free Boat Per liberam batellam hoc est habere unam cimbam ad piscand subter pontem Cestriae supra Etonam ibidem cum omni genere retium Plac. in Itin. apud Cestriam 14 Hen. 7. Libera chasea habenda Is a Writ judicial granted to a man for a free chase belonging to his Mannor after he has by a Jury proved it to belong to him Reg. of Writs judicial fo 36 and 37. Liberate Is an original Writ issuing out of the Chancery to the Treasurer Chamberlanes and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any annual pension or other summ granted under the Great Seal or to a Sheriff to deliver possession of Lands and Goods extended See Broke tit Taile d' Exchequer 4 Inst fol. 116. Libertate probanda Was a Writ that lay for such as were challenged for Slaves and offer'd to prove themselves free c. Fitz. Nat. Br. fo 77. Villenage and the several appendixes thereof viz. Infranchisement Writs de Nativo habendo Libertate probanda and the pleadings and trials relating thereunto were great Titles in the old Books but now antiquated by time Pref. to Rolls Abridg. Libertatibus allocandis Is a Writ that lies for a Citizen or Burgess that contrary to his liberty is impleaded to have his priviledge allowed Reg. of Writs fo 262. Libertatibus exigendis in itinere Is a Writ whereby the King wills the Justices in Eyre to admit of an Atturney for the defence of another Mans liberty before them Reg. of Writs fo 19. Liberum Herbagium See Herbagium Librata terrae Contains four Oxgangs and every Oxgang 13 Acres Schene verbo Bovata terrae See Fardingdeal Licence to arise Licentia surgendi Is a liberty or space of time given by the Court to a Tenant to arise out of his bed who is essoyned de malo lecti in a real action See Bracton lib. 5. Tract 2. ca. 7. 10 12. And Horns Mirror ca. des Essoins Licentia surgendi is the Writ thereupon Reg. fo 8. Licentia transfretandi Is a Writ or Warrant directed to the keepers of Dover-Port c. willing them to let such pass over-Sea who have formerly obtained the Kings Licence thereunto Reg. of Writs fo 193. Licentia concordandi Anno 12 Car. 2. ca. 12. See Kings-silver Lidford-Law Is grown to a kind of Proverb to hang men first and to indite them afterwards so called from a Town of that name in Cornwal where a Court is held which was heretofore of great extent the course whereof is very summary The like being said of Halifax in the County of York Lieftenant or Lieutenant Locum-tenens The Kings Deputy He that exercises the Kings or any other persons place or represents his person As the Lieutenant of Ireland Anno 4 Hen. 4. ca. 6. and 2 3 Edw. 6. ca. 2. Whence that Officer seems to take his beginning Lieutenant of the Ordnance Anno 39 Eliz. ca. 7. Life-rent Is a Rent or Exhibition which a Man receives either for Term of life or for sustentation of life Nota quod Eschaeta terrarum felonis post annum diem viz. his Life-rent ipso vivente computatur inter bona mobilia Skenaus ad Quon Attach ca. 18. vers 5. Lieges and Liege-people Ligati The Kings Subjects anciently so called because they owe and are bound to pay Allegiance to Him Anno 8 Hen. 6. ca. 10. 14 Hen. 8. ca. 2. and divers other Statutes yet anciently private persons had their Leiges Reinaldus Dei gratia Abbas Ramesiae Praeposito hominibus de Brancestre omnibus vicinis Francis Anglis salutem Sciatis me dedisse terram Ulf in depedene hodie Depedale buic Boselino uxori ejus Alfniae ita bene sicut homines de Brancestre illum testificant verum habuisse ea conditione quod effecti sunt homines Liges Lib. Rames Sect. 244. Omnibus c. Reginaldus Rex Insularum salutem Sciatis quod deveni homo ligeus Domini Regis Angliae Iohannis contra omnes mortales quamdiu vixero inde ei sidelitatem sacramentum praestiti Et in hujus rei testimonium hanc eartam meam inde feci T. Domino F. Wint. Episcopo M. S. penes Wil. Dugdale Ar. See Ligeancy Lierwit See Lairwite Ligeancy Ligantia From the Ital. Liga a League or Bond Vinculum arctius inter subditum Regem utrosque invicem connectens hunc ad protectionem justum regimen illos ad tributa debitam subjectionem Is such a Duty or Fealty as no man may owe or bear to more then one Lord and therefore it is most commonly
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. ãâã 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. ãâã 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 remâââ 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
any Record Matter of Record is that which may be proved by some Record For example if a man be sued to an Exigent during the time he was in the Kings Warrs this is Matter in Deed not of Record And therefore he that will allege this for himself must come before the Scire facias for execution be awarded against him for after that nothing will serve but matter of Record that is some error in the Process appearing upon the Record Kitchin fo 216. makes also a difference between matter of Record and a Specialty and nude Matter this being not of so high a nature as either matter of Record or a Specialty otherwise there called matter in Deed Whereby it should seem that nude matter is a naked allegation of a thing done to be proved onely by Witnesses and not either by Record or Specialty in Writing under Seal Cowel Maugre Being compounded of two French words Mal and Gre. i. Animo Iniquo Signifies with us as much as in despight or in despight of ones teeth As the Wife mauger the Husband Littleton fo 124. that is whether the Husband will or no. Maund Sax. Mano A kind of great Basket or Hamper of Books or other Merchandise containing eight Bales or two Fat 's Book of Ratâs fo 3. Maxims in Law Are the foundations of it or certain Rules or Positions which are the Conclusions of Reason and ought not at any time to be impeached or impugned As it is a Maxim that if a man have Issue two Sons by divers venters and the one of them purchase Lands in Fee and dye without issue the other brother shall never be his heir c. See Coke on Litt. fo 11. Mayor anciently Meyr from the British Miret 1. Custodire The chief Magistrate of a City as the Lord Mayor of London Rich. 1. Anno 1189 changed the Bailiff of London into a Mayor And by that example King Iohn Anno 1204 made the Bailiff of Kings-Lin a Mayor whilst the famous City of Norwich obtained not this Title for her chief Magistrate till 7 Hen. 5. 1419. See more on this word in Spelmans Gloss Meale-Rents Are certain Rents still so called but now payable in Money by some Tenants within the Honor of Clun which heretofore were paid in Meale to make Meat for the Lords Hounds Mean Medius Significes the middle between two extreams and that either in time or dignity Example of the first his Action was mean betwixt the Disseisin made to him and his recovery that is in the interim Of the second there is Lord Mean or Mesne and Tenant Lords mean mentioned in the Stat of Amortizing Lands made tempore Ed. 1. See Mesn Mease Mesuagium Fr. Maison A Mesuage or dwelling House Stat. Hiberniae 14 Hen. 3. and 21 Hen. 8. ca. 13. In some places corruptly called a Mise and Mise-place See Mise and Mese Measue See Mesne Meason due Fr. Maison de Dieu A House of God a Monastery or Religious House Hospitals are also so called in the Statutes 2 3 Phil. Mary ca. 23. 39 Eliz. ca. 5. and 15 Car. 2. ca. 7. Measure Mensura according to the 25th Cha. of Mag. Char. and the Stat. 17 Car. 1. ca. 19. all Weights and Measures in this Nation ought to be the same and those too according to the Kings Standard See 4 Inst fo 273. Mensura Measurer See Alneger Also that William Norton common Meter of Woollen Cloth may be Sworn to occupy his Office of Measurage truly and indifferently upon pain c. Articles exhibited to the Lord Mayor of London c. by the Commons of the City tempore Hen. 8. Medfee Sax. Medfeoh The Sax. Dict. says It is a Bribe or Reward bat it also signifies that Bote or Compensation which is given in an exchange where the things exchanged are not of equal value As in 4 Ed. 3. Hugo de Courtenay made an exchange by Deed with Richard Hanlake and Joan his Wife and there 't is expressd Quod ipsi non dabunt Medfee from the word Meed which signifies a reward See Arrura Medietas linguae Signifies an Enquest empaner'd upon any Cause wherein a Forreigner or Stranger is party whereof the one half consists of Natives or Denizens the other strangers and is used in Pleas wherein the one party is a stranger the other a Denizen See the Stat. 28 Edw. 3. ca. 13. 27 ejusdem Stat. 2. ca. 8. and 8 Hen. 6. ca. 29. Before the first of these Statutes was made this was wont to be obtained of the King by Grant made to any Company of Strangers Stam Pl. Cor. lib. 3. ca. 7. and is called a Party-Jury Anno 14 Car. 2. ca. 11. Medio Acquietando Is a Writ Judicial to distrain a Lord for the acquitting a mean Lord from a Rent which another claims Reg. of Writs judic fo 29. b. Mediterranean Sea so called because it has its course in the midst of the earth Is that which stretcheth it self from West to East dividing Europe Asia and Africa and mentioned 12 Car. 2. in the Stat. of Tonnage Medium tempus Was anciently used for the mean profits As Annum diem medium tempus See Flem. Medlefe Is that which Bracton lib. 3. Tract 2. ca. 35. calls Medletum and signifies quarrelling scuffling or brawling Culpa dicitur quam quis inopinate commiserit non rixando solum pugnando sed immiscendo se pacifice rei cuivis vel negotio says Spelman Hence our common phrase to meddle with other folks maters Meer Merus Though an Adjective yet is it used substantively for meer right Old Nat. Br. fo 2. To joyn the Mise upon the Meer See Mise Meg-bote See Magbote Meld-feoh Sax. The reward and recompence due and given to him that made the discovery of any breach of Penal Laws committed by another The Promoter or Informers Fee Sax. Dict. Meliores See Tales Meiny Menagium Fr. Mesnie as the Kings Meiny Anno 1 Rich. 2. ca. 4. 1. The Kings Family Houshold or Houshold-servants Melius inquirendo Is a Writ that lay for a second enquiry of what Lands or Tenements a man dyed seized where partial dealing was suspected upon the Writ Diem clausit extremum Fitz. Nat. Br. fo 255. Memories Are used for certain Obsequies or remmebrances for the Dead in Injunctions to the Clergy 1 Edw. 6. Menials from Moenia the Walls of a Castle or other building Are Houshold or Menial Servants that is such as live under their Lord or Masters Roof or within his Walls mentioned Anno 2 Hen. 4. ca. 21. Mensura Hoc est quod Prior habet mensuras tam aridorum quam liquidorum signatas signo Domini Regis quod nullus debet emere in foro seu vendere nisi per illas Ex Registro Priorat de Cokesford Mensura bladi a Bushel of Corne. Mensura regalis The Kings Standard of the Exchequer Anno 17 Car. 1. ca. 19. See Measure Merchenlage Sax. Marcna laga i. Merciorum lex Camb. in his
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. ãâã ãâã ãâã ãâã ãâã unus ãâã ãâã ãâã ãâã ãâã 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 Mâotmen 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
it is that the party that did that Act was mad or not well in his wits when he did it or when he made his last Will and Testament See New Book of Entries tit Non sane memorie See Non compos mentis Nones Nonae In March May July and October are the six days next following the first day or the Calends In other Moneths they are the four days next after the first but the last of these days is properly called Nones and the other reckoned backward according to the number distant from the Nones as the third fourth or fifth Nones They are called Nones because they begin the ninth day before the Ides Dates of Deeds by Nones Ides or Calends is sufficient 2 Inst fol. 675. Non-term Non terminus Is the time of Vacation between Term and Term. It was anciently called The times or days of the Kings Peace Lamb. Archa fol. 126. And what these were in the time of King Edward the Confessor see there See Peace of God and the Church This time was called Justicâum or Feriae among the Romans or dies nefasti Ferias appellari notum est tempus illud quod forensibus negotiis jure dicendo vacabat Brisson de verb. signif lib. 6. Nook of Land Noka terrae Universis pateat quod ego Johanna quae fui uxor Walteri le Blount tradidi Henrico Adams unum Mes unam nokam terrae cum pertin in villa de Momele c. Dat. apud Sodyngton 5 Edw. 3. Norroy Quasi North-Roy The Northern King The third of the Three Kings at Arms whose Office lies on the Northside of Trent as Clarentius on the South and is mentioned in the Stat. 14 Car. 2. cap. 33. See Herald Notary Notarius Anno 27 Edw. 3. cap. 1. Is a Scribe or Scrivener that takes Notes or makes a short draught of Contracts Obligations or other Instruments Claus 13 Edw. 2. m. 6. Schedula consuta eidem memb de Notariis Imperialibus non admittendis Note of a Fine Nota Finis Is a Brief of a Fine made by the Chirographer before it be engrossed The form whereof see in West par 2. Symbol tit Fines sect 117. Not guilty See Non est culpabilis Novale Ex Cartulario Abbathiae de Furnesse in Com. Lanc. in Officio Ducat Lanc. fol. 41. b. Item nota quod Novale est ager nunc primum praecisus ut extra verborum significationibus innovatae ubi Glossa dicitur Novale terra de Novo ad culturam redacta cujus non extat memoria quod fuisset ibidem Et quod Novale semel fuit semper erit Novale quoad decimarum retentionem vel solutionem Land newly ploughed or converted into Tillage Excepta decima Novalium cujusdam terrae quam de novo excoluerunt Pat. 6 Edw. 3. pa. 1. m. 19. Novel Assignment Nova Assignatio Is in an Action of Trespass an Assignment of Time Place or such like in a Declaration more particularly then it was in the Writ Broke tit Deputy num 12. And Trespass 122. See Assignment Noyles Anno 21 Jac. cap. 18 No person shall put any Flocks Noyles Thrums Hair or other deceivable thing into any broad Woollen Cloth c. Nude Contract Nudum Pactum Is a bare Contract or Promise of a thing without any consideration given therefore Ex quo non oritur Actio Nude Matter See Matter Nummata terrae Is the same with Denariata terrae by some taken to be an Aâre Sciatis me Wil. Longespe dedisse concessisse Ecclesiae Sanctae Mariae de Walsingham Canonicis ibidem deo servientibus in perpetuam Eleâmosinam 40 Nummatas terrae in Walsingham c. See Fardingdele Nuncupative Will See Will. Nunn Nonna Signifies a holy or consecrated Virgin or a Woman that hath by vow bound her self to a single or chaste life in some place or company of other Women separad from the World and devoted to a special Service of God by Prayer Fasting and such like holy Exercises Cowel Nuper obiit Is a Writ that lies for a Coheir being deforced by her Coparcener of Lands or Tenements whereof their Grandfather Father Uncle or Brother or any other their common Ancestor died seised of an estate in Fee-simple See the form of the Writ in Reg. of Writs fol. 226. and Fitz. Nat. Br. fol. 197. If the Ancestor died seised in Fee-tail then the Coheir deforced shall have a Formdon Ibidem Nusance from the Fr. nuire i. nocere Signifies not onely a thing done to the annoyance of another in his free Lands or Tenements but the Assize or Writ lying for the same Fitz. Nat. Br. fol. 183. And this Writ De Nocumento or of Nusance is either simply De Nocumento or De parvo Nocumento and then it is Vicountiel Old Nat. Br. fol. 108. Britton cap. 61. 62. calls it Nosance Manwood pa. 2. cap. 17. makes three sorts of Nusance in the Forest the first is Nocumentum commune the second Nocumentum speciale the third Nocumentum generale of which read there See Cokes fifth Report Williams Case Writs of Nusances see the Stat. 6 Rich. 2. cap. 3. Now much turned into Trespasses and Actions upon the Case O. O. Ni. The course of the Exchequer is That as soon as a Sheriff enters into his account for Issues Amerciaments and Mean Profits to mark upon his Head O. Ni. which signifies Oneratur nisi habeat sufficientem exonerationem and presently he becomes the Kings debtor and a Debet set upon his Head whereupon the parties peravaile are become debtors to the Sheriff and discharged against the King 4 Inst fol. 116. Oale-gavel See Gavelsester Oategavel See Gavel Oath Juramentum Is a calling Almighty God to witness that the Testimony is true therefore it is aptly termed Sacramentum a Holy Band a Sacred Tye or Godly Vow And it is called a Corporal Oath because the party when he swears toucheth with his right hand the Holy Evangelists or Book of the New Testament Coke 3 Part. Inst cap. 74. See the several Oaths of many of the Officers of this Kingdom in the Book of Oaths lately Printed In a Deed of William de Elmham Knight in French Dat. 19 April 49 Edw. 3. is this old fashioned Oath Promettant per la foye de mon Corps de Chivalerie que si Dieu moy voille mesnez en savete c. ieo delivera les avantditz sommez c. M S. Penes Will. Dugdale Ar. Obedientia Was a Rent as appears by Hotedens Annals parte poster fo 430. Ut ergo eis scil Regularibus adimatur opportunitas evagandi prohibemus ne reditus quos obedientias vocant ad firmam tencant In the Canon Law it is used for an Office or the administration of it Whereupon the word Obedientiales in the Provincial Constitutions is used for those who have the execution of any Office under their Superiors ca. 1. de statu Regular It may be some of these Offices called Obedientiae consisted in the
Collection of Rents or Pensions and that therefore those Rents were by a Metonymy called Obedientiae quia colligebantur ab obedientialibus Concil Eboracens Anno 1195. Obit Anno 1 Edw. 6. ca. 14. and 15 Car. 2. ca. 9. A Funeral Solemnity or an Office for the Dead most commonly performed at the Funeral when the Corps lie in the Church uninterr'd Also the Anniversary-Office Croke 2 Part fo 51. Hollowayes Case It was held 14 Eliz. Dyer 313. That the tenure of Obit or Chauntry Lands held of Subjects is extinct by the Act of 1 Edw. 6. Oblata Properly Offerings But in the Exchequer it signifies old Debts brought as it were together from precedent years and put to the present Sheriffs charge See the Practice of the Exchequer pa. 78 Also Gifts or Oblations made to the King by any of his Subjects which were so carefully heeded in the Reigns of King John and Henry the Third that they were entred in the Fine Rolls under the Title Oblata and if not paid estreated and put in charge to the Sheriffs concerning which you may see Mr. Fabian Philips Book of the Antiquity and legality of the Royal Purveyance Sir Henry Spelmans Glossary and Mr. Prins Aurum Reginae Oblations Oblationes in the Canon-Law are thus defined Dicuntur quacunque pits fidelibusque Christianis offeruntur Deo Ecclesiae sive res solidae sive mobiles sunt See Spel. de Concil To. 1. fo 393. Anno 12 Car. 2. ca. 11. Obligation Obligatio Is a Bond containing a penalty with a condition annexed for payment of Money performance of Covenants or the like And a Bill is commonly without penalty and without condition yet a Bill may be Obligatory Coke on Litt. fo 172. Obligor Is he that enters into such an Obligation and Obligee is he to whom it is entred into Before the coming in of the Normans as we read in Ingulphus Writings Obligatory were made firm with golden Crosses or other small signs or marks But the Normans began the making such Bills and Obligations with a Print or Seal in Wax set to with every ones special Signet under the express entituling of three or four Witnesses In former time many Houses and Lands thereto passed by Grant and Bargain without Script Charter or Deed only with the Landlords Sword or Helmet with his Horn or Cup yea and many Tenements were demised with a Spur or Curry-comb with a Bow or with an Arrow See Wang Obolata terrae Is in the opinion of some Authors half an Acre of Land but others hold it to be but half a Perch Thomasius sayes Obolum terrae contains ten foot in length and five in breadth See Fardingdeal Obventions Obventiones Offerings 2 Inst fo 661. Also Rents or Revenue properly of Spiritual Livings Anno 12 Car. 2. ca. 11. Margeria Marescalla Comitissa de Warewyke universis Sanctae matris Ecclesiae filiis c. dedi omnes obventiones tam in decimis majoribus minoribus quam in aliis rebus de assartis de Wigenoc decimam pannagii venationis de Wigenoc de Rinsell c. MS. penes Will. Dugdale Ar. Occupant If Tenant per terme dauter vic dies living cestuy que vie he that first enters shall hold the Land during that other mans life and he is in Law call'd an Occupant because his title is by his first occupation And so if Tenant for his own life grant over his Estate to another if the Grantee dies there shall be an Occupant Coke on Litt. ca. 6. Sect. 56. and Bulstrods Rep. 2 Part fo 11 12. Occupation Occupatio Signifies the putting a man out of his Freehold in time of War and is all one with Disseisin in time of peace saving that it is not so dangerous Coke on Litt. fo 249. b. Also Use or Tenure as we say such Land is in the Tenure or Occupation of such a Man that is in his possession or management See Terre Tenant Also Trade or Occupation 12 Car. 2. ca. 18. But Occupationes in the Stat. de Bigamis ca. 4. are taken for Usurpations upon the King and it is properly when one usurpeth upon the King by using Liberties or Franchises which he ought not to have As an unjust entry upon the King into Lands and Tenements is called an Intrusion so an unlawful using of Franchises is an Usurpation but Occupationes in a large sence are taken for Purprestures Intrusions and Usurpations 2 Inst fo 272. Occupavit Is a Writ that lies for him who is ejected out of his Land or Tenement in time of War As a Writ of Novel Dissesin lies for one ejected in the time of Peace Octave Octavus The eighth day after any Feast inclusively See Utas Octo tales See Tales Brook tit Octo Tales Odio atia Anno 3 Ed. 1. ca. 11. anciently called Breve de bono malo is a Writ sent to the under-Sheriff to enquire whether a Man being committed to Prison upon suspition of Murder be committed upon Malice or Ill-will or upon just suspition Reg. of Writs fo 133. b. See Bracton lib. 3. Part. 2. cap. 20. and Stat. 28 Edw. 3. ca. 9. Atia was anciently written Hatia or Hatya for Hate not Atia quia Malitia est acida as Sir Edw. Coke has it in his 9 Rep. fo 506. and in 2 Inst fo 42. See Spel. on Atia Office Officium Signifies not onely that Function by vertue whereof a man has some employment in the affairs of another as of the King or other person But also an Inquisition made to the Kings use of any thing by vertue of his Office who enquireth Therefore we often read of an Office found which is such a thing found by Inquisition made Ex Officio In which signification 't is used Anno 33 Hen. 8. ca. 20. and in Stamf. Praerog fo 60 61. where to Traverse an Office is to Traverse an Inquisition taken of Office before an Escheator And in Kitchin fo 177. to return an Office is to roturn that which is found by vertue of the Office See also the new Book of Entries verbo Office pur le Roy And this is by a Metonymy of the effect In this signification there are two sorts of Offices issuing out of the Exchequer by Commission viz. An Office to entitle the King in the thing enquired of and an Office of Instruction which read in Cokes Rep. Pages Case Office in Fee Is that which a Man hath to him and his heirs Anno 13 Ed. 1. ca. 25. Kitchin fo 152. See Clerk Oferhyrnesse Overhernessa Si autem post Excommunicationem satisfactionem venerint forisfacturam suam quae Anglicè vocatur Oferhyrnesse seu Cahstite pro unaquaque vocatione Episcopo suo reddant Concil Wintoniae temp Lanfranci Archiepis Anno 1076. See Gloss in x. Scriptores verbo Overhernessa Official Officialis Signifies him whom the Arch-deacon substitutes for the executing his Jurisdiction as appears by the Statute 32 Hen. 8. ca. 15. In the Canon-Law
it is he to whom any Bishop does generally commit the charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis principalis whom our Statutes and Laws call Chancelor the rest if there be more are by the Canon-Law called Officiales foranci but by us Commissaries The word is also by some modern Civilians applyed to such as have the sway of temporal Justice Officiariis non faciendis vel amovendis Is a Writ directed to the Magistrates of a Corporation willing them not to make such a man an Officer and to put him out of the Office he hath until enquiry be made of his Manners according to an Inquisition formerly ordained Reg. of Writs fo 126. b. Ofgangfordel Eantque rei ad triplex Judicium quod Angli Ofgangfordel vocant Constit Canuti de Foresta ca. 11. Oleron Laws or the Sea-Laws of Oleron So called because they were made by King Richard the First when he was there and relate to maritime affairs Coke on Litt. fo 260. b. This Oleron is an Island which lies in the Bay of Aquitaine at the Mouth of the River Charent belonging now to the French King See Seldens Mare Clausum fo 222 254. And Pryns Animadversions on 4 Inst fo 126. Olympiad Olympias The space of five years by which King Ethelbert in a certain Charter of his computed the years of his Reign Consontiens signo sanctae Crucis subscripsi in Olympiade 4 Regni mei Spelm. Onerando pro rata portionis Is a Writ that lies for a Joint-tenant or Tenant in Common that is distreined for more Rent then the proportion of his Land comes to Reg. of Writs fo 182. b. Onus importandi i. The burden or charge of importing mentioned in the Stat. 12 Car. 2. Art 28. Onus probandi i. The burden or charge of proving Anno 14 Car. 2. ca. 11. Open Law Lex manifesta lex apparens Is making of Law which by Magna Charta ca. 28. Bailiffs may not put men to upon their own bare assertions except they have witnesses to prove their imputation See Law Openthes i. Open theft Quaedam placita vel crimina emendari non possunt quae sunt Husbrech Bernet Openthef Eberemord and Lafordswic c. LL. Hen. 1. ca. 13. Ora Egofrater Nigellus Dei gratia Abbas Bertoniae dedi in Capitulo nostro omnes fratres mei mecum terram de Ocovere Ormae hac conventione ut unoquoque anno nobis xx oras persolvat proinde factus est homo noster c sine dat This was Saxon-Money or Coin which valued xvi d. a piece and often found in Domesday Orchel Anno 1 Rich. 3. ca. 8. Orchal Anno 24 Hen. 8. ca. 2. and 3 4 Edw. 6. ca. 2. Seems to be a kind of Cork Ordeff or Oredelf Effossio materiei metallicae vel ipsius metalli from the Sax. Ore Metallum delfan Effodere Is a word often found in Charters of Priviledges and is taken for a liberty whereby a Man claims the Ore found in his own ground It properly signifies Ore lying under-ground As a Delf of Coal is Coal lying in veins under-ground before it is digged up Ordel Sax. Ordoel Lat. Ordalium Signifies great Judgment from the Sax. Or Magnum deal Judicium It was used for a kind of Purgation practised in the time of Edward the Confessor and since even to King John and Henry the Thirds time whereby the party purged was judged Expers criminis called in the Canon-Law Purgatio vulgaris LL. Edw. Conf. ca. 9. There were two sorts of it one by Fire another by Water Liber per ferrum candens rusticus per aquam Glanv lib. 14. ca. 1. pa. 114. This Ordalian Law was condemned by Pope Stephen the Second and to use Sir Edward Cokes words Fuit ouste per Parliament come appiert Rot. Paten de Anno 3 Hen. 3. Membr 5. HEnricus 3 Dei Gratia Rex c. dilectis fidelibus suis Philippo de Ulecot Sociis suis Justiciariis itinerantibus in Comitatibus Cumberland Westmerland and Lancaster Salutem Quia dubitatum fuit non determinatum ante inceptionem itineris vestri quo Judicio deducendi sunt illi qui rectati sunt de Latrocinio Murdro incendio hiis similibus cum prohibitum sit per Ecclesiam Romanam Judicium Ignis Aquae Proâisum est a Concilio nostro ad praesens at in hac Itinere sic fiat de rectatis de hujusmodi excessibus viz. Quod illi qui rectati sunt de criminibus praedictis majoribus de eis habeatur suspicio quod culpabiles sint de eo unde rectati sunt de quibus etiam licet Regnum nostrum abjurarent adhuc suspicio esset quod postea malefacerent teneantur in Prisona nostra salvo custodiantur ita quod non incurrant periculum vitae vel membrorum occasione prisonae nostrae Illi vero qui mediis criminibus rectati fuerint quibus competeret Iudicium Ignis vel Aquae si non esset prohibitum de quibus si regnum nostrum abjurarent nulla fuerit postea male faciendi suspitio Regnum nostrum abjurent Illi vero qui minoribus rectati fuerint criminibus nec de eis fuerit mali suspitio salvos securos plegios inveniant de fidelitate pace nostra conservanda sic dimittantur in terra nostra Cum igitur nihil certius providerit in hac parte Consilium nostrum ad praesens relinquimus discretioni vestrae hunc Ordinem praedictum observandum in hoc itinere vestro ut qui personas hominum formam delicti ipsarum rerum veritatem melius cognoscere poteritis hoc Ordine secundum discretiones Conscientias vestras in hujusmodi procedatis Et in cujus Rei Testimonium c. Teste Domino P. Wintoniensi Episcopo apud West 26 die Ian. Anno regni nostri tertio Per eundem H. de Burgo Iusticiarium See Spelman at large upon this subject fo 436. Coke lib. 9. de Strata Marcella and Sax. Dict. Ordinance of the Forest Ordinatio Forestae Is a Statute made in the 34 year of Ed. 1. touching Forest-matters See Assise Ordinary Ordinarius Though in the Civil Law whence the word is taken it signifies any Judge that has authority to take Cognisance of Causes in his own right as he is a Magistrate and not by deputation yet in our Common Law it is properly taken for the Bishop of the Diocess or he that has ordinary Iurisdiction in Causes Ecclesiastical immediate to the King and his Courts of Common-Law for the better execution of Justice Coke on Litt. fo 344. West 2. ca. 19. 31 Edw. 3. ca. 11. and 21 Hen. 8. ca. 5. Ordinatione contra servientes Is a Writ that lies against a Servant for leaving his Master against the Statute Reg. of Writs fo 189. Orfgild from the Sax. Orf Pecus gild Solutio vel redditio A delivery or restitution
Spelman says Hoc minus congrue and deduces it from Pagella g in n transeunte sic veteres quidam mannificat pro magnificat A Schedule or Page as a Panel of Parchment or a Counterpane of an Indenture But it is used more particularly for a Schedule or Roll containing the names of such Jurors as the Sheriff returns to pass upon any Trial. Reg. of Writs fol. 223. a. Kitchin fol. 226. And the Empanelling a Jury is the entring their names by the Sheriff into a Panel or little Schedule of Parchment in Panello Assizae Anno 8 Hen. 6. cap. 12. Haud recte D. Coke in Gloss ad Littl. sect 234. who says Panel is an English word and signifies a little part for a Pane is a part and a Panel is a little part c. Thus Spelman on the word Panella Pannage or Pawnage Pannagium Fr. Panage Pasnage Signifies alimentum quod in Sylvis Colligunt pecora ab arboribus dilapsum as Mast of Beech Acorns c. Also the Money taken by the Agistors for the Food of Hogs with the Mast of the Kings Forest Cromp. Jurisd fol. 155. Westm 2. cap. 25. Pawnage says Manwood is most properly the Mast of the Woods or Hedg-rows or the Money due to the owner of the same for it And Linwood defines it thus Pannagium est pasius pecorum in nemoribus in sylvis utpote de glandibus aliis fructibus arborum sylvestrium quarum fructus aliter non solent colligi Tit. de Decimis Mentioned also Anno 20 Car. 2. cap. 3. Quisque Villanus habens 10 porcos eat unum porcum de Pasnagio Domesday tit Leominstre in heresscire This word in ancient Charters is thus variously written Pannagium Panagium Pasnagium Pathnagium Patnagium and Paunagium Pape Papa from the old Gr. ãâã ãâã ãâã ãâã ãâã signifying a Father Was anciently applied to some Clergy-men in the Greek Church but by usage is particularly appropriated in the Latin Church to the Bishop of Rome otherwise called the Pope A name very frequent in our ancient Year Books especially in the times of those Kings who too much abandoning their Imperial Authority suffered an Outlandish Bishop that dwelt One thousand miles off to take from them the disposition of many Spiritual Preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made whilest this Kingdom was of the Roman Communion but his whole power was not taken away here till towards the later end of Henry the Eighth's Reign Parage Paragium See Parcinerie Paramount Compounded of two French words Par i. per and monter ascendere Signifies the highest Lord of the Fee For there may be a Tenant to a Lord that holds over of another Lord the first is called Lord Mesn the second Paramount Fitz. Nat. Br. 135. M. Some hold that no Man can simply be Lord Paramount but onely the King for he is Patron Paramount to all the Benefices in England Doctor Student cap. 36. See Mesn Paraphanalia in the Civil Law Paraphernalia Are those Goods which a Wife besides her Dower or Joynture is after her Husbands death allowed to have as furniture for her Chamber wearing Apparel and Jewels if she be of quality Which are not to be put into her Husbands Inventary especially in the Province of York See Touchstone of Wills fol. 201. Parabail quasi per-availe Signifies the lowest Tenant or him that is immediate Tenant to the Land and he is called Tenant Paravail because it is presumed he hath prosit and avail by the Land 2 Inst fol. 296. See 9 Rep. Cony's Case Parcella terrae A parcel or small peece of Land Sciant quod ego Stephanus Wington de Bromyord Dedi Roberto de Donampton pro triginta solidis argenti unam parcellam terrae meae cum pertinen jacen in Bromyord c. Sine Dat. Parcel-maker Is an Officer in the Exchequer that makes the parcels of the Escheators accounts wherein the Escheators charge themselves with every thing they have levied for the Kings use since they came in Office and deliver the same to one of the Auditors of the Court to make up the Escheators account therewith See Practice of the Exchequer pag. 99. Parceners quasi Parcellers i. Rom in Parcellas dividens See Coparceners Parcinerie Participatio from the Fr. Partir i. Dividuum facere Signifies a holding of Land Pro indiviso or by Joyntenants otherwise called Coparceners For if they refuse to divide their common inheritance and chuse rather to hold it joyntly they are said to hold in Parcinery Littl. fol. 56 57. In Domesday it is thus said Duo fratres tenuerunt in Paragio quisque habuit aulam suam potuerint ire quo voluerint Pardon Fr. Is most commonly used for the remitting or forgiving a Felonious or other offence committed against the King and is twofold one Ex gratia Regis the other Per cours de ley Stamf. Pl. Cor. fol. 47. The first is that which the King in some special regard of the person or other circumstance gives by his absolute Prerogative or Power The other is that which the King granteth as the Law and Equity perswades for a light offence as Homicide casual when one kills a Man having no such intent See New book of Entries verbo Pardon Park Parcus Fr. Parc. Is a quantity of ground enclosed and stored with wild beasts tam sylvestres quam campestres which a man may have by prescription or the Kings Grant Crom. Juris fo 148. A Park differs from a Chase or a Warren for a Park must be enclosed if it lie open it is a good cause of seisure of it into the Kings hands as a free Chase may be if it be enclosed and the owner cannot have an Action against such as hunt in his Park if it lie open See Forest Guliel Conq. liberam fecit Ecclesiam de Bello de opere Parcorum Spel. vide 13 Car. 2. ca. 10. Parco fracto Is a Writ that lies against him who violently breaks a Pound and takes out Beasts thence which for some trespass done were lawfully impounded Reg. of Writs fo 166. and Fitz. Nat. Br. fo 100. Park-bote Is to be quit of enclosing a Park or any part thereof 4 Inst fo 308. Parish Parochia Signifies the precinct or territory of a Parish-Church and the particular charge of a secular-Priest For every Church is either Cathedral Conventual or Parochial Cathedral is where there is a Bishop seated so called a Cathedra Conventual consists of Regular Clerks professing some Order of Religion or of Dean and Chapter or other Society of Spiritual men Parochial is that which is instituted for the saying of Divine-Service and Ministring the Holy-Sacraments to the People dwelling within the Parish or a certain compass of ground and certain Inhabitants belonging to it Our Realm was first divided into Parishes by Honorius Arch-bishop of Canterbury in the year of our Lord 63â Cam. Brit. pa. 160. who reckons 9284
a Hide of Land which vide Plurality Pluralitas Anno 21 Hen. 8. ca. 13. Morenesse or the having more then one most applyed to such Churchmen who have more Benefices then one Selden in his Titles of Honor fo ãâã mentions also Trialities and Quadralities Pluries Is a Writ that issues in the third place after two former Writs neglected or disobey'd For first goes out the Original Writ which if it speed not then the sicut alias and if that fail then the Pluries See Old Nat. Br. fo 33. in the Writ de Excom capiendo See in what diversity of cases it is used in the Table of the Reg. of Writs Pocket of Wool Is half a Sack 3 Inst fo 96. See Sack of Wool Pole See Perch Poledavies A kind of Canvas wherewith Sail-ware is made Anno 1 Jac. ca. 24. Polein Anno 4 Edw. 4. ca. 7. Was a sharp or picked top set in the fore-part of the Shoe or Boot This fashion was first taken up in the time of King William Rufus the Picks being made so long as they were tied up to the knees with silver or golden chains and forbidden by Ed. 4. Tunc fluxus crinium tunc luxus vestium tunc usus calceorum cum arcuatis aculeis inventus est Malms in Wil. 2. Policy of assurance Assecuratio Is a course taken by those who adventure Wares or Merchandise by Sea whereby they unwilling to hazard their whole adventure do give some other person a certain rate or proportion as 6 8 or 10 in the hundred or such like to secure the safe arrival of the Ship and so much Wares at the place agreed on So that if the Ship and Wares miscarry the Assurers or Insurers make good to the Venturer so much as they undertook to secure if the Ship arrive safely he gaines that clear which the Venturer agrees to Pay him And for the more certain dealing between them in this case there is a Clerk or Officer ordained to set down in Writing the effect of their agreement called Policy to prevent any difference that might afterwards happen between them This terme is mentioned Anno ãâã Eliz. ca. 12 and thereby allowed and established And 14 Car. 2. ca. 23. and is now many times used to Insure mens lives in Offices who have paid great summs of Money for the purchase thereof and are Insured from that adventure by a certain Company of Merchants or Citizens for three or four per Cent subscribing or under-writing the agreement Policy or Insurance who do among them share the Praemium or Money given by the Party Insured and run the hazard of it such Assurance or Polices being not seldom also used in other matters where loss or damage is feared Poll-money Capitatio Was a Tax or Imposition ordained by Stat. 18 Car. 2. ca. 1. and 19 ejusdem ca. 6. by the first of which every Subject in this Kingdom was assessed by the Head or Poll according to his degree As every Duke 100 l. Marquess 80 l c. Baronet 30 l. Knight 20 l. Esquire 10 l c. and every single person 12 d c. And that this is no new Tax appears by former Acts of Parliament where Quilibet tam coniugatus quam solutus utriusque sexus pro capite suo solvere cogebatur Parliam Anno 1380. Walsingham Ypod. 534. l. 37. There was anciently sayes Camden a personal tribute called Capitatio Pol-silver imposed upon the Poll or Person of every one of Women from the 12th of Men from the 14th year of their age In his Notes upon Coines Pollard Was a sort of Money heretofore currant in England which with Crocards are long since prohibited Math. Westm in Anno 1299. pa. 413. Pollards Crocards Staldings Eagles Leonines and Steepings were ancient Coines in England but now disused and forgotten 2 Inst fo 577. We also call those Trees Pollards or Pollengers which have been usually crop'd and therefore distinguish'd from Timber-Trees See Plowden fo 469. b. Polygamus Is he that is married to two or more Wives together or at the same time 3 Inst fo 88. Pone Is a Writ whereby a Cause depending in the County or other inferior Court is removed to the Common Bench. Old Nat. Br. fo 2. See the Table of the Reg. of Writs Pone per vadium Is a Writ commanding the Sheriff to take surety of one for his appearance at a day assigned Of this see five sorts in the Table of the Reg. Judic verbo Pone per Vadium Ponendis in Assists Is a Writ founded upon the Statute of Westm 2. ca. 38. and Articuli super Chartas ca. 9. which Statutes shew what persons Sheriffs ought to impanel upon Assizes and Juries and what not as also what number which see in Reg. of Writs fo 178. a. and Fitz. Nat. Br. fo 133. b. Ponendum in Balliam Is a Writ willing that a Prisoner be bailed in cases bailable Reg. of Writs fo 133. Ponendum sigillum ad exceptionem Is a Writ whereby the King willetn ãâã justices according to the Stat. of Westm 2. to put their Scals to Exceptions laid in by the Defendant against the Plaintiffs Declaration or against the Evidence verdict or other Proceedings before the Justices Pontage Pontagium Is a contribution towards the maintenance or reedifying of Bridges Westm 2. ca. 25. Anno 13 Ed. 1. It may also signifie Toll taken to this purpose of those that pass over Bridges Anno 1 Hen. 8. ca. 9. 22 Hen. 8. ca. 5. 39 Eliz. ca. 24. Per Pontagium clamat esse quiet de operibus pontium Plac. in Itin. apud Cestriam 14 Hen. 7. Pontibus reparandis Is a Writ directed to the Sheriff c. willing him to charge one or more to repair a Bridge to whom it belongs Reg. of Writs fo 153. b. Porca See Ridge of Land Porcary Porcaria A Swinesty Fleta Porter of the door of the Parliament-house Is a necessary Officer belonging to that high High Court and enjoys the priviledges accordingly Cromp. Iurisd fo 11. Porter in the Circuit of Justices Is an Officer that carries a Verge or white Rod before the Justices in Eyre so called a Portando virgum Anno 13 Edw. 1. ca. 41. See Vergers Port-greve Sax. Port-gerefe i. Portus vel urbis praefectus Port in the Saxon signifies the same with Civitas and gerefe or reve a Collector of the Rents as in divers Lordships at this day Is a chief Magistrate in certain Maritime Towns and as Camden sayes in his Britan. pa. 325. the chief Magistrate of London was so termed in stead of whom Richard the First ordained two Bailiffs but presently after him King John granted them a Mayor for their yearly Magistrate Carta Willielmi Conquestoris Civitat London WIlliam King Grete William Bishop and Godfrey Portgreve and all the Bnrgeis within London French and English And I graunt you that I will rhat ye be all your Law worth that ye were Edwardis dayes the King And I wyl that ich Child be his
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 ãâã 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 Coâes 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
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
the Defendant appears and is in contempt for not answering and is in castody upon a Habeas Corpus which is granted by order to bring him to the Bar the Court assignes him a day to answer which being expir'd and no answer put in a second Habeas Corpus is likewise granted and a further day assign'd by which day if he answer not the Bill upon the Plaintiffs Motion shall be taken pro confesso unless cause be shew'd by a day which the Court does usually give and for want of such cause shew'd upon Motion the Substance of the Plaintiffs Bill shall be decreed as if it had been confessed by the Defendants Answer As it was the Case of Filmore and Denny Hill 1662. Or after a fourth insufficient Answer made to the Bill the matter of the Bill not sufficiently answer'd unto shall be taken pro confesso Proctors of the Clergy Procuratores Cleri Are those who are chosen and appointed to appear for Cathedral or other Collegiate Churches as also for the common Clergy of every Diocess to sit in the Convocation House in the time of Parliament The manner of their election see in Cowels Interpreter on this word See Prolocutor and Convocation and see 4 Inst fo 4. Procurations Procurationes Are certain sumnis of Money which Parish-Priests pay yearly to the Bishop or Arch-deacon ratione visitationis They were anciently paid in necessary Victuals for the Visitor and his Attendants but afterwards turn'd into Money Procuratio is defin'd by Vallensis to be necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab ecclesia vel monasterio ei cui ex officio incumbit jus onus visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis Anno 1290. Md. quod die Mercurii in Festo Sancti Lucae Evang. Dominus Episcopus caepit Procurationem suam in cibis potibus apud Bordesley pernoctavit ibidem Giff. fo 226. b. See an Historical Discourse of Procurations and Synodals Printed Anno 1661. These are also called Proxies as Archidiaconatus Glouc. valet clare in Proxis Cenag Pentecostal per an 64 10 00. Ex Record Primitiar 26 Hen. 8. See Dier fo 273. b. and Claus Rot. 31 Ed. 1. m. 15. dorso Procuracy Anno 3 Rich. 2. Stat. 1. ca. 3. See Procurator Procurator Is used for him that gathers the fruit of a Benefice for another Man Anno 3 Rich. 2. Stat. 1. ca. 3. And Procuracy for the writing or instrument whereby he is Authorised They are at this day in the West parts called Proctors Procurors See Malveis Procurors Profe alias Prove Is used for an Enquest Anno 28 Ed. 3. ca. 13. Profer Profrum vel Proferum from the Fr. Proferer i. Producere Edicere Allegare Is the time appointed for the Accompts of Sheriffs and other Officers in the Exchequer which is twice in the year Anno 51 Hen. 3. Stat. 5. which may be gathered also out of the Register fo 139. in the Writ De Attornato vicecomitis pro profro faciendo We read also of Profers Anno 32 Hen. 8. ca. 21. in these words Trinity Term shall begin the Monday next after Trinity Sunday whensoever it shall happen to fall for the keeping of the Essoines Profers Returns and other Ceremonies heretofore used and ke ãâ¦ã In which place Profer signifies the offer or indeavor to proceed in an Action by any Man concerned so to do See Britton ca. 28. fo 50. b. 55. a ãâ¦ã 80. b. and Fleta lib. 1. ca. 38. Sect. Utlagati seq Praeterea idem Henricus de Hastinggis antecessores sui solebant capere de jure habere rationabiles expensas suas versus Scaccarium singulis annis pro duobus Profris faciendis uno compoto reddendo per annum c. Escact Anno 30 Ed. 1. n. 19. Profer the Half-mark See Half-Mark Profession Professio Is used particularly for the entring into any Religious Order New Book of Entries verbo Profession Prohibition Prohibitio Is a Writ to forbid any Court either Spiritual or Secular to proceed in any Cause there depending upon suggestion that the cognition thereof belongs not to the said Court Fitz. Nat. Br. fo 39. G. but is now usually taken for that Writ which lies for one that is impleaded in the Court Christian for a Cause belonging to the temporal Jurisdiction or the Cognisance of the Kings Court whereby as well the Party and his Counsel as the Judge himself and the Register are forbidden to proceed any farther in that Cause See Brooke hoc titulo and Fitz. Nat. Br. fo 93. and Bracton lib. 5. Tract 5. ca. 3. usque ad 12. who sayes that it lies not after Sentence given in any Cause And the Stat. Anno 50 Ed. 3. ordains that but one Prohibition should lie in one Cause See the diversity of Prohibitions in the Table of the Register of Writs New Book of Entries on this Word and 2 Part Inst fo 601. Prohibitio de vasto directa parti Is a Writ Judicial directed to the Tenant prohibiting him from making Waste upon the Land in controversy during the Sute Reg. of Writs Judic fo 21. It is sometimes made to the Sheriff the example whereof you have next following in the same Book Pro indiviso Is a Possession or Occupation of Lands or Tenements belonging to two or more persons whereof none knows his several portion as Coparceners before partition Bracton lib. 5. Tract 2. ca. 1. Num. 7. Prolocutor of the Convocation House Prolocutor Domus Convocationis Is an Officer chosen by Persons Ecclesiastical publickly assembled by vertue of the Kings Writ at every Parliament And as there are two Houses of Convocation so are there two Prolocutors one of the higher House the other of the lower the later of which is presently upon the first Assembly by the motion of the Bishops chosen by the Lower House and presented to the Bishop for Prolocutor of the Lower House that is the person by whom they intend to deliver their Resolutions to the Higher House and to have their own House especially ordered and governed His Office is to cause the Clerk to call the names of such as are of that House when he sees cause to read all things propounded gather suffrages and the like Cowel Promooters Promotores Are those who in Popular and Penal Actions do prosecute Offenders in their name and the Kings having part of the Fines or Penalties for their reward These among the Romans were called Quadruplatores or Delatores They belong cheifly to the Exchequer and Kings Bench. Smith de Repub Angl. lib. 2. ca. 14. Sir Edw. Coke calls them Turbidum hominum genus 3 Instit fol. 191. Promulged Promulgatus Published proclaimed Anno 6 Hen. 8. ca. 4. Pronotary or Prothonotary Protonotarius i. Primus notarius Is a cheif Clerk of the Common Pleas and Kings Bench whereof the first hath three the other one For the Prognotary of the Common Pleas Anno
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
fringed Purfle Purgation Purgatio Is the clearing ones self of a crime whereof he is probably and publickly suspected and thereof accused before a Judge Of this there was great use in England touching matter of Felony imputed to Clerks in former times as appears by Stamf. Pl. Cor. lib. 2. cap. 48. and Westm 1. cap. 2. See Clergy It is still observed in matters pertaining to the Ecclesiastical Court as suspition or common fame of incontinency or such like Purgation is either Canonical or Vulgar Canonical is that which is prescribed by the Canon Law the form whereof is usual in the Spiritual Court the person suspected taking his Oath That he is clear of the Fact objected and bringing so many of his honest Neighbors not above Twelve as the Court shall assign him to swear upon their Consciences and Credulity that he swears truly The Vulgar and ancient manner was by fire or water or by combat used by Insidels and Christians also till by the Canon Law it was abolished But Combat though now disused may be still practised by the Laws of the Realm in Cases doubtful and where there is a want of evidence or other proof if the Defendant chuse rather the combat then other tryal See Ordel and Combat Purificatio Beatae Mariae Uirginis Anno 32 Hen. 8. cap. 21. See Candlemass Purlue or Purlieu from the Fr. Pur i. Purus lieu locus Is all that Ground near any Forest which being made Forest by Henry the Second Richard the First or King John were by Perambulation granted by Henry the Third severed again from the same and became Purlue i. Pure and free from the Laws and Ordinances of the Forest Manwood Par. 2. For. Laws cap. 20. See the Stat. 33 Edw. 1. stat 5. And the Perambulation whereby the Purlieu is Deafforested is called Pourallee i. Perambulatio 4 Inst fol. 303. Purlieu-Man Is he that hath Ground with ãâã the Purlieu and being able to dispend forty shillings per annum of Freehold is licensed to âunt in his own Purlieu Manwood part 1. pa. 151. 157. but what observations he must use in his hunting see more in him pa. 180 and Par. 2 ca. 20. Num. 5. 8. 9. Purpresture From the Fr. Pourprist and Pourprest 1. Integre arreptum est proprie terrae alienae clandestina sustractio ejusdemque vicinae ascriptio See Pourpresture Purprisum Fr. Pourpris A Close or Enclosure also the whole compass or extent of a Mannor or Place Donavi eis meum Purprisum de Kirkeham domos meas molendinum prata c. Carta Walteri Espec Priorat de Kirkeham in Mon. Angl. 2 Par. fo 106. n. 40. Purrel Anno 35 Eliz. ca. 10. A List ordained to be made at the end of Kersies to prevent deceit in diminishing their length Pursy Anno 43 Eliz. ca. 10. A Terme among Clothiers See Rewey Pursuivant See Poursuivant Purveyance See Pourveyance Purvieu Fr. Pourveu A Patent Gift Grant and Pourveu que so that on condition that Sir Edward Coke often uses it in his Works for the Body or that part of an Act of Parliament which begins with Be it Enacted The Stat. of 3 Hen. 7. stands upon a Preamble and a Purview 12 Rep. fo 20. Putage Putagium Fornicatio ex parte faeminae quasi puttam agere a Gall. Putte i. Meretrix Quod autem generaliter solet dici Putagium haereditatem non adimit illud intelligendum est de putagio Matris quia filius haeres legitimus est quem nuptiae demonstrant Glanv l. 7. ca. 12. Putura q. Potura A Custom claimed by Keepers in Forests and sometimes by Bailiffs of Hundreds to take Mans meat Horse meat and Dogs meat of the Tenants and Inhabitants gratis within the perambulation of the Forest Hundred c. This Custom within the liberty of Knaresburg was long since turned into the payment of 4 d. pro Putura MS. de temp Ed. 3. Pl. Coron in Com. Ebor. de Anno 21 Ed. 3. Putura in Chasia de Bovoland 4 Inst 307. Per Puturam servient Johannes Stanley Ar. clamat habere de quolibet tenente aliquam terram vocatam Ould Oxgang Lands possidente qualibet sexta septimana victum prout Paterfamilias residens super hujusmodi terram habuerit Pl. in Itin. apud Cestriam 14 Hen. 7. And the Land subject to this Custom is called terra puturata Pla. apud Cestr 31 Ed. 3. Placita apud Preston 17 Edw. 3. coram Willielmo de Shareshull Rogero de Hungerford Henrico de Hungerford Henrico de Hanbury Simone de Pakeman Rogero de Hillary JOhannes de Radecliffe Seneschallus libertatis de Penwortham attachiatus fuit ad respondendum Abbati de Evesham de placito c. Johannes clamat unam Puturam in Prioratu de Penwortham qui est quaedam Cella Abbatiae de Evesham pro se Ministris equis garcionibus suis per unum diem duas noctes de tribus septimanis in tres septimanas viz. de victualibus ut in esculentis poculentis ad custus Prioratus praedicti indebite Pyker alias Pycar A kind of Ship mentioned Anno 31 Edw. 3. Stat. 2. ca. 2. Pyrate See Pirate Q. QUadragesima Sunday Is the first Sunday in Lent and so called because it is about the fortieth day before Easter See Quinquagesima Quadrantata terrae See Fardingdeal Quadrugata terrae A Teem Land Quae quatuor equis agitur Willielmus Prior de Tuttebur omnes Monachi ejusdem loci concesserunt Ormo de Acouere heredibus suis unam Quadrugatam terrae quae attinet ad Man de Malefeld solam quietam sicut tenuit in diebus Henr. de Ferr. c. pro octo sol redd per ann ad Festum S. Martini c. Sine dat M. S. Will. Dugdale Ar. Quae plura Was a Writ that lay where an Inquisition had been made by an Escheator of such Lands or Tenements as any man died seized of and all was supposed not to be found by the Office this was therefore to enquire what more Lands or Tenements the party dyed seised of The form see in Reg. of Writs fo 293. and in Fitz. Nat. Br. fo 255. This Writ is now made useless by taking away the Court of Wards and Offices post mortem Anno 12 Car. 2. ca. 24. Quaerens non invenit plegium Is a return made by the Sheriff upon a Writ directed to him with this Condition inserted Si A. fecerit B. securum de clamore suo prosequendo c. Fitz. Nat. Br. fo 38. Quae servitia Is a Writ See Per quae servitia Quam diu se bene gesserit Is a Clause often used in Letters Pattent of the Grant of Offices as in those to the Barons of the Exchequer which must be intended in matters concerning their Office and is no more then the Law would have imply'd if the Office had been granted for life 4 Inst fo 117. Quale jus Is a Writ Judicial that lies where a man of Religion
has Judgment to recover Land before execution is made of the Judgment for this Writ must go forth to the Excheator between Judgment and Execution to enquire whether the Religious Person has right to recover or whether the Judgment be obtained by Collusion between the Demandant and Tenant to the intent that the true Lord be not defrauded See Westm 2. ca. 32. The form of it see in Reg. of Writs Judic fo 8. 16. and New Book of Entries Quantum meruit i. How much he has deserved an Action of the Case so called grounded upon a promise to pay a man for doing any thing so much as he should deserve or merit Quare ejecit infra terminum Is a Writ that lies for a Lessee in case where he is cast out of his Farm before his term be expired against the Feoffee or Lessor that ejects him And it differs from the Ejectione firmae because this lies where the Lessor after the Lease made enfeoffs another who ejects the Lessee the Ejectione firmae lies against any other stranger that ejects him The effect of both is all one which is to recover the residue of the term See Fitz. Nat. Br. fo 197 and Reg. of Writs fo 227. Quare impedit Is a Writ that lies for him who has purchased an Advowzen against him that disturbs him in the right of his Advowzen by presenting a Clerk thereto when the Church is void And it differs from the Writ called Assisa ultimae Presentationis because that lies where a man or his Ancestors formerly presented and this for him that is the purchaser himself Where a man may have that Assise he may have this Writ but not contrariwise See new Book of Entries on this Writ Bracton lib. 4. Tract 2. ca. 6. Fitz. Nat. Br. fo 32. and Westm 2. ca. 5. Quare incumbravit Is a Writ that lies against the Bishop who within six Moneths after the vacation of a Benefice confers it on his Clerk whilst two others are contending in Law for the right of presenting Old Nat. Br. fo 30. Fitz. Nat. Br. fo 48. and Reg. of Writs fo 32. Quare intrusit matrimonio non satisfacto Is a Writ that lay for the Lord against his Tenant being his Ward who after convenable Marriage offer'd him marries another and enters nevertheless upon his Land without agreement first made with his Lord and Guardian But all Wardships being taken away by Act 12 Car. 2. ca. 24. This Writ is become useless Quare non permittit Is a Writ that lies for one that has right to present for a turn against the Proprietary Fleta lib. 5. ca. 16. Quare non admisit Is a Writ that lies against the Bishop refusing to admit his Clerk who has recover d in a Plea of Advowzen Fitz. Nat. Br. fo 47. Quarentena habenda Is a Writ that lies for a Widdow to enjoy her Quarentene Reg. of Writs fo 175. Quarentene Quarentena Is a benefit allow'd by the Law to the Widow of a Landed Man deceased whereby she may challenge to continue in his capital Messuage or chief Mansion House so it be not a Castle by the space of 40 dayes after his decease Bracton lib. 2. ca. 40. And if the heir or any other attempt to eject her she may have the Writ de Quarentena habenda Fitz. Nat. Br. fo 161. Maneat vidua in Capitali Messuagio mariti sui per quadraginta dies post obitum mariti sui infra quos dies assignotur ei dos nisi prius assignata fuerit vel nisi domus illa sit Castrum Mag. Carta ca. 7. See Fleta lib. 5. ca. 23. Quarentene signifies also a quantity of ground containing 40 Perches quatuor carucatas terrae arabilis continentes in longitudine 8 quarentenas 8. quarentenas in latitudine Chart. Withlasii Regis Merciorum apud Ingulf Nam longe debet esse pax Regis a porta sua ubi residens fuerit a quatuor partibus loci illius hoc est quatuor miliaria tres quarentenae novem acrae latitudine 9 pedes 9 palmae novem grana ordei LL. Hen. 1. ca. 17. Quarentena in London ponetur pro respectu habend per 40 dies post summonitionem per breve Regis ut consulant c. si sibi viderint expedire MS. de temp Ed. 3. Penes Johannem Trevor Arm. And Quarentine is also the Terme of 40 dayes wherein any person coming from Forrein Parts infected with the Plague is not permitted to land or come on shore untill so many dayes are expired Quare obstruxit Is a Writ that lies for him who having a liberty to pass through his neighbours ground cannot enjoy his right for that the owner has so strengthned it Fleta lib. 4. ca. 26. Sect. Item si minus Quarel Querela a querendo This properly concerns personal Actions or mixt at the highest for the Plaintiff in them is called Querens and in many of the Declarations in trespass it is said queritur Yet if a Man release all Quarels or querels a Mans Deed being taken most strongly against himself it is as strong as all Actions for by it all actions real and personal are released Quareria A Quarry of Stone Praeterea dedi eis Turbariam Petrariam Quareriam ubicunque invenire poterint in territorio villae de Hepp c. Mon. Ang. Par. 2. fo 595. b. Quarter Eight Bushels striked make the Quarter of Corn. Anno 15 Rich. 2. ca. 4. Quarter-Sessions Is a Court held by the Justices of Peace in every County once every Quarter of a year 25 Edw. 3. Stat. 1. ca. 8. How farr the Jurisdiction thereof extends see Lamb. Eiren. lib. 4. and Sir Tho. Smith de repub Angl. lib. 2. ca. 19. Originally it seems to have been erected onely for matters touching the breach of the Peace but now it extends much farther by power given to the Justices of Peace by many late Statutes Quash Quassare Fr. Quasser To overthrow or annul Bracton lib. ãâã Tract 2. ca. 3. num 4. Anno 11 Hen. 6. ca. 2. As if the Bailiff of a liberty return any out of his Franchise the Array shall be quashed as an Array returned by one that has no Franchise shall be quash'd Coke on Lit. fo 156. Quechord Anno 17 Edw. 4. ca. 3. A kind of Game prohibited by the said Statute perhaps the same we now call Shovelbord Que est mesme Signifying verbatim which is the same thing Is used with us as a word of Art in an action of trespass or such like for a direct justification of the very act complained of by the Plaintiff as a wrong For example in an Action of the Case the Plaintiff sayes the Lord threatned his Tenants at will in such sort as he forced them to give up their Lands The Lord for his defence pleads that he said unto them if they would not depart he would sue them at Law This being the same threatning that he used or to speak artificially que est
le mesme the Defence is good See Kitchin in Cha. Que est le mesme fo 236. Que estate Signifies verbatim which estate or the same Estate and is a Plea whereby a man entituling another to Land c. saith that the same estate himself had he has from him For example in a Quare impedit the Plaintiff alleageth that such four persons were seized of Lands whereunto the Advowson in question was appendant in Fee and did present to the Church and afterwards the Church was void que estate that is which estate of the four persons he has now during the vacation by vertue whereof he presented c. Broke tit que estate fo 175. and see Coke on Litt. fo 121. Queen Regina Is either she that holds the Crown of this Realm by right of Blood or she that is Marryed to the King which last is called Queen Consort In the former signification she is in all construction the same that the King is and has the same power in all respects In the later she is inferior and a person exempt from the King for she may sue and be sued in her own name yet what she hath is the Kings and what she loseth the King loseth Stamf. Praerog ca. 2. fo 10. and Coke lib. 4. Copyhold-Cases fo 23. b. Queen gold Aurum Reginae Is a Royal Duty or Revenue belonging to every Queen Consort during her Marriage to the King of England both by Law Custom and Praescription payable by sundry persons in England and Ireland upon divers Grants of the King by way of Fine or Oblation amounting to ten Markes or upwards to wit one full tenth part above the entire Fine as Ten pounds for every Hundred pounds Fine upon Pardons Contracts or Agreements which becomes a real debt and duty to the Queen by the name of Aurum Reginae upon the Parties bare agreement with the King for his Fine and recording it without any promise or contract for this tenth part exceeding it Lib. Nig. Scac. pa. 43. 44. Cokes 12. Rep. fo 21. 22. and Mr. Pryns Tractate on this Subject per tot Quein redditum reddat Is a Writ Judicial lying for him to whom a Rent-Seck or Rent-Charge is granted by Fine levied in the Kings Court against the Tenant of the Land that refuseth to atturn to him thereby to cause him to atturn Old Nat. Br. fo 156. Querela frescae fortiae Is a Writ See Freshforce Querela coram Rege Consilio c. Is a Writ whereby one is called to justifie a complaint of a Trespass made to the King himself before the King and his Counsel Reg. of Writs fo 124. Questus est nobis c. Is the form of a Writ of Nusance which by the Stat. Anno 13 Ed. 1. ca. 24 lies against him to whom the House or other thing that breeds the Nusance is alienated whereas before the Statute this Action lay onely against him that first levied or caused the Nusance to the damage of his Neighbor Quia improvide Seems to be a Supersedeas granted in the behalf of a Clerk of the Chancery sued against the priviledge of that Court in the Common-Pleas and pursued to the Exigend or in many other cases where a Writ is erroneously sued out or misawarded See Dyer fo 33. n. 18. Quid juris clamat Is a Writ Judicial issuing out of the Record of a Fine which remains with the Custos Brevium of the Common-Pleas before it be engrossed for after it cannot be had and it lies for the Grantee of a reversion or remainder when the particular Tenant will not atturn West par 2. Symbol tit Fines Sect. 118. See New Book of Entries on this Writ Quid pro quo Is an artificial Speech signifying as much as the Greek ãâã ãâã ãâã ãâã ãâã among the Civilians which is a mutual performance of both parties to a Contract or a giving one thing for another as 10 l. for a Horse Kitchin fo 184. Quietancia sectae Hundredi Wichmote Per haec verba Johannes Stanley Ar. clamat quod ipse tenentes sui non teneantur venire ad Curiam istam Pl. in Itin. apud Cestriam 14 Hen. 7. See Acquietancia Quietancia Assisarum super Assisam Per haec verba Johannes Stanley clamat quod ipse tenentes residentes sui non ponantur in Assisis jurat nec magnis Assisis Plac. ut supra Quietus i. Freed or acquitted Is a word used by the Clerk of the Pipe and Auditors in the Exchequer in their Acquittances or Discharges given to Accountants usually concluding with abinde recessit quietus which is called a Quietus est and is mentioned in the Act of general Pardon 12 Car. 2. ca. 11. and 14 Car. 2. ca. 21. A Quietus est granted to the Sheriff shall discharge him of all accounts due to the King Anno 21 Jac. ca. 5. Quinquagesima Sunday Is that we call Shrove-Sunday and is so called because it is about the fiftieth day before Easter of which you may read in Durandi Rationali Divinorum cap. de Quinquagesima and mentioned in Briton and other ancient Law-writers Quinque portus The Cinque-ports which are 1. Hastings 2. Romene 3. Hethe 4. Dover and 5. Sandwich To the first Winchelsea and Rye belong which are reckoned as part or members of the Cinque-ports Servitium quod Barones Quinque Portuum praescriptorum recognoscunt facere ad summonitionem Regis per annum si contigerit per 15 dies ad custum eorum proprium ita quod primus dies computatur a die quo vela navium erexerunt usque partes ad quas n dere debent vel ulterius quamdiu Rex voluerit ad custum ejus See Cinque Ports Quinsieme or Quinzime Decima quinta Is a French word signifying a Fifteenth with us it is a Tax so called because it is raised after the Fifteenth part of Mens Lands or Goods Anno 10 Rich. 2. cap. 1. and 7 Hen. 7. cap. 5. See Fifteenth and Tax It is well known by the Exchequer Roll what every Town throughout England is to pay for a Fifteenth Sometime this word Quinsieme or Quinzime is used for the fifteenth day after any Feast as the Quinzime of S. John Baptist Anno 13 Ed. 1. in the Preamble Quintane Quintana Fr. Quintaine Bersant A kinde of exercise tkat young Men did and still do use in some parts of this Nation especially Shropshire by breaking Poles on Horse-back against a strong Plank or Butteress set up in the High-way most used at marriages What it was anciently Matthew Paris thus delivers Eo tempore juvenes Londini statuto Pavone pro bravio ad stadium quod Quintana vulgariter dicitur vires proprias equorum cursus sunt experti In Hen. 3 sub initio Anni 1253. Quint-exact Anno 31 Eliz. cap. 3. Quinto exactus Is the last Call of a Defendant who is sued to the Outlary when if he appear not he is by the judgment of the Coroners returned outlawed
if a Feme waved See Exigent Quinzime See Quinsieme Quiteclaim Quieta clamantia Is a Release or Acquitting a Man for any Action that he hath or may have A quitting of ones Claim or Title Bracton lib. 5. tract 5. cap. 9. num 9. and Lib 4. tract 6. cap. 13. num 1. Quit-rent Quietus Redditus Quasi Quiet-rent is a certain small Rent payable yearly by the Tenants of most Mannors which when paid the Tenant is quiet and free till it becomes due again This in some ancient Records is written White-rent because paid in Silver Quod ei Deforceat Is a Writ that lies for the Tenant in Tail Tenant in Dower or Tenant for Life against him that entred or took away their Land recovered or against his Heir See Brook hoc tit Reg. of Writs fol. 171. and Westm 2. cap. 4. Quod Clerici non eligantur in Officio Balivi c. Is a Writ that lies for a Clerk who by reason of some Land he hath is made or like to be made either Bailiff Bedel or Reeve or some such like Officer See Clerico infra sacros c. And Regist of Writs fol. 187. Quod permittat Is a Writ that lies for the heir of him that is disseised of his Common of Pasture against the heir of the Disseisor being dead Briton cap. 8. says This Writ lies for him whose Ancestor died seised of Common of Pasture or other like thing annexed to his Inheritance against the Deforceor See Brook hoc tit and New Book of Entries Quod Clerici beneficiati de Cancellaria Is a Writ to exempt a Clerk of the Chancery from contributing towards the Proctors of the Clergy in Parliament Regist of Writs fol. 261 a. Quod persona nec Prebendarii c. Is a Writ that lies for Spiritual Persons that are distrained in their Spiritual Possessions for the payment of a Fifteenth with the rest of the Parish Fitz. Nat. Br. fol. 176. Quod non permittat See Consuetudinibus Servitiis Quo jure Is a Writ that lies for him who hath Land wherein another challengeth Common of Pasture time out of minde and it is to compel him to shew by what title he so challenges it Fitz. Nat. Br. fol. 128. and Britton cap. 59. at large Quo minus Is a Writ that lies for him who hath a grant of House-bote and Hay-bote in another Mans Woods against the Grantor making such Waste as the Grantee cannot enjoy his Grant Old Nat. Br. fol. 148. and Kitchin fol. 178. This Writ also lieth for the Kings Farmer in the Exchequer against him to whom he sells any thing by way of Bargain touching his Farm or who oweth him any Money or against whom he hath any cause of Personal Action Perkins Grants 5. For he supposeth by the Vendees detaining any due from him he is made less able to pay the King Rent Under which pretence any one who pays the King a Fee-farm Rent may have this Writ against any other person for any debt or damage and bring the Cause to tryal in the Exchequer Quo Warranto Is a Writ that lies against him who usurps any Franchise or Liberty against the King as to have Waiff Stray Fair Market Court-Baron Leet or such like without good Title Old Nat. Br. fol. 149. or else against him that intrudes himself as heir into Land Bracton lib. 4. tract 1. cap. 2. num 3. And 18 Edw. 1. stat 2 3. And 30 Ejusdem See also the New Book of Entries Quorum Is a word often mentioned in our Statutes and much used in Commissions both of Justices of the Peace and others As for example where a Commission is directed to five persons or to any three of them whereof A. B. and C. D. to be two in this Case A. B. and C. D. are said to be of the Quorum because the rest cannot proceed without them So a Justice of the Peace and Quorum is one without whom the rest of the Justices in some cases cannot proceed Anno 3 Hen. 7. cap. 3. And 32 Hen. 8. cap. 43. Quyke Was anciently used for a Live or Quick Beast John Bracebrige of Kinnersbury Esq in his Will dated 7 Hen. 8. Ordained That his best Quyke should be taken in the name of his Mortuary R. RAchetum alias Rachatum from the Fr. Rachater or Racheter i. Redimere Theifbote the Compensation or Redemption of a Theif Nullus capiat Rachetum hoc est Theifbute de Latrocinio 1 Stat. Rob. R. Scot. cap. 9. Rack Fidiculae sic dict quia eis rei in eculeo torquentur ut fides inveniatur An Engin in the Tower with Cords and Strings to extort Confession from Delinquents John Holland Earl of Huntingdon was by King Henry the Sixth created Duke of Exeter Anno 16 H. 6. the King granted to him the Office of Constableship of the Tower He and William de la Poole Duke of Suffolk and others intended to have brought in the Civil Laws For a beginning whereof the Duke of Exeter being Constable of the Tower first brought into the Tower the Rack or Brake allowed in many Cases by the Civil Law and thereupon it was called The Duke of Exeters Daughter because he first brought it thither 3 Inst fol. 35. Rack-vintage Anno 32 Hen. 8. cap. 14. Is a second Vintage or Voyage for Wines by our Merchants into France c. for Rack'd Wines that is Wines drawn from the Lees. from this Voyage our Merchants commonly return about the end of December or beginning of January Rad Knights See Rod Knights Radechenistres i. Liberi homines Domesday tit Leofminstre Lempster Ibi erant 8 Praepositi 8 Bedelli 8 Radechenistres 238 Villani 75 Bordarii c. Radman Domesday tit Herefscire 15 Bordar Praepositus unus Radman c. Seems to be the same with Rod-Knight Rageman Is a Statute so called of Justices assigned by Edward the First and his Council to hear and determine throughout all England all Complaints of Injuries done within five years next before Michaelmas in the Fourth year of His Raign Ragmans-Roll Edward the Third says Sir Richard Baker in his Chronicle fol. 127. surrendered by His Charter all His Title of Soveraignty to the Kingdom of Scotland restored divers Deeds and Instruments of their former Homages and Fealties with the famous Evidence called Ragmans Roll. Ran Sax. Aporta Rapina so open a spoiling a Man as it cannot be denied Hoveden inter ea quae Willielmus prinius constituit in emendationem legum Angliae parte post Hen. 2. Decretum est etiam ibi ut si Francigena appellaverit Anglicum de perjurio aut murdro furto homicidio Ran quod dicunt apertam rapinam quod negari non potest Anglicus se defendet per quod melius voluerit aut judicio ferri aut duello Consonant whereunto it is to this day vulgarly said by one who taketh the Goods of another injuriously and by violence He hath taken all he could Rap and ran rap from
Reattachment Reattachiamentum Is a second Attachment of him who was formerly attached and dismissed the Court without day as by the not coming of the Justices or some such casualty Brook hoc titulo Where he makes Reattachment General and Special General is where a Man is reattached for his appearance upon all Writs of Assise lying against him Brook eodem num 18. Then Special must be for one or more certain Reg. of Writs Judicial fol. 35. See the New Book of Entries verbo Reattachment Rebellion Rebellio Did anciently signifie a second resistance of such as being formerly overcome in battel by the Romans yielded themselves to their subjection But now we use it generally for the traiterous taking arms against the King be it by Natural Subjects or by others formerly subdued Rebel is sometimes attributed to him that wilfully breaks a Law Anno 25 Edw. 3. cap. 6. And 31 Ejusdem stat 3. cap. 2. Sometimes to a Villain disobeying his Lord. Anno 1 Rich. 2. cap. 6. Commission of Rebellion see in Commission Rebellious Assembly Is a gathering together of Twelve persons or more intending ro going about practising or putting in ure unlawfully of their own authority to change any Laws or Statutes of the Realm or to destroy the enclosure of any Park or or Ground enclosed or Banks of any Fish-ponds Pool or Conduit to the intent the same shall remain void or to the intent unlawfully to have Common or Way in any of the said Grounds or to destroy the Deer in any Park or any Warren of Conneys Dove-Houses Fish in any Ponds or any House Barns Mills or Bays or to burn Stacks of Corn or to abate Rents or Prizes of Victuals Anno 1 Mar. cap. 12. and 1 Eliz. cap. 17. See West par 2. Symbol tit Indictments Sect. 65. and Cromp. Justice of Peace fol. 41. b. Rebutter Fr. Bouter i. Repellere To repel or bar A Man grants Land to the use of himself and the issue of his Body to another in Fee with Warranty and the Donee leaseth out the Land to a third person for years the heir of the Donor impleads the Tenant alleaging the Land was in Tayl to him The Donee comes in and by vertue of the Warranty made by the Donor repels the heir because though the Land was intailed to him yet he is heir to the Warrantor likewise And this is called a Rebutter Again if I grant to my Tenant to hold Sine impetitione vasti and afterward implead him for Waste made he may debar me of this Action by shewing my grant which is likewise a Rebutter Brook tit Bar num 23 25. See the New Book of Entries verbo Rebutter And Coke on Littl. fol. 365. a. Recaption Recaptio Signifies a second Distress of one formerly distrained for the same cause and also during the Plea grounded on the former Distress It likewise signifies a Writ lying for the party thus distrained the form and further use whereof see in Fitz. Nat. Br. fol. 71. Reg. of Writs fol. 86. and Reg. Judicial fol. 69. Receiver Receptor and Receptator Is used commonly in the evil part for such as receive stoln Goods from Theeves and conceal them but annexed to other words as Receiver of Rents c. It signifies an Officer of good account belonging to the King or other great Personage Cromp. Jurisd fol. 18. There is also an Officer called the Receiver of the Fines upon original Writs in Chancery Receiver-General of the Dutchy of Lancaster Is an Officer belonging to the Dutchy Court who gathers in all the Revenues and Fines of the Lands of the said Dutchy and all Forfeitures and Assessments or what else is thence to be received Anno 39 Eliz. cap. 7. Receiver-General of the Muster Rolls Anno 35 Eliz. cap. 4. Receit See Resceit Recluse Reclusus Is he who being entered into a Religious Order is shut up there and stirs not out of the House or Cloyster Littl. fol. 92. Recognizance Fr. Recognoissance i. Recognitio Is a Bond or Obligation testifying the Recognizor to ow the Recognizee a sum of Money and is acknowledged in some Court of Record or before some Judge Master of Chancery Justice of Peace c. Anno 23 Hen. 8. cap. 6. Some Recognisances are not sealed but enrolled and Execution by force thereof is of all the Recognizors Goods and Chattels except Draught-Beasts and Implements of Husbandry and the Moyety of his Lands West Par. 1. Symb. lib. 2. sect 149. And Reg. of Writs fol. 146 151 252. Recognizance hath another signification as appears in the Statute of Westm 1. cap. 36. For it is there provided and agreed That if any Man be attainted of Disseisin done in the time of the King that now is or for taking any manner of Goods or Moveables and it be found against him by Recognizance of Assise of Novel-Disseisin the Judgment shall be c. where it is used for the Verdict of the Twelve Men impannelled upon an Assise which Twelve are also called Recognitors of the Assise Littl. fol. 72. Bracton lib. 5. tract 2. cap. 9. num 2. and lib. 3. tract 1. cap. 11. num 16. See the Statute of 20 Edw. 1. stat 4. and New Book of Entries verbo Recognizance Recognizée Is he is to whom one is bound in a Recognizance Anno 11 Hen. 6. cap. 10. Recognition Recognitio An acknowledgment It is the title of the first Chapter of the Stat. 1 Jac. Recognitione adnullanda per vim duritiem facta Is a Writ to the Justices of the Common Bench for the sending a Record touching a Recognizance which the Recognizor suggests to have been acknowledged by force and hard dealing that if it so appear it may be disannulled Reg. oâ Writs fol. 183. Recognitors Recognitores Is a word used for the Jury impaneld upon an Assise The reason why they are so called is because they acknowledge a Disseisin by their Verdict Bracton lib. 5. tract 2. cap. 9. num 2. See Recogzance Record from Recordare to remember Signifies an authentical and uncontrolable testimony in writing contained in Rolls of Parchment and preserved in Courts of Record and they are said to be Vetustatis veritatis vestigia Coke Praef. to 8 Rep. An Act committed to writing in any of the Kings Courts during the Term wherein it is written is alterable and no Record but that Term once ended and the Act duly enrolled it is a Record and of that credit that admits no alteration or proof to the contrary Brook tit Record num 20. 22. yet see Cokes Rep. lib. 4. Rawlins Case fol. 52. b. The King may make a Court of Record by his Grant Glanvile lib. 8. cap. 8. Britton cap. 121. As Queen Elizabeth by Her Charter dated 26 Aprilis Anno 3 Regni sui made the Consistory Court of the University of Cambridge a Court of Record There are reckoned three sorts of Records viz. A Record Judicial as Attainder c. A Record Ministerial upon Oath as an
Office or Inquisition found a Record made by Conveyance and Consent as a Fine or Deed enrolled or the like Coke lib. 4. Ognels Case fol. 54. b. Recordare facias or Recordari facias Is a Writ directed to the Sheriff to remove a Cause depending in an Inferior Court as Court of Ancient Demesn Hundred or County to the Kings Bench or Common Pleas Fitz. Nat. âr 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 Baââthe 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 âa 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
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 distrahâbant 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 ãâ¦ã 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
return of Cattle to the owner unjustly taken by another as Damage-Feisant and so found by the Jury before Justices of Assise in the County or otherwise by default of Prosecution For which see Reg. of Writs Judic fol. 27. âeve alias Greve Germanicè Grave Sax. gerefa Praefectus Praepositus Signifies the Bailiff of a Franchise or Mannor especially in the West parts Hence Shire-reve a Shiref See Kitchin fol. 43. See Greve and Shiref and Tun-greve See Verstegan cap. 10. and Church-reve Reveland See Teinland Revenue Fr. Revenu Signifies properly the Yearly Rent and Profits that accrews to every Man from his Lands and Possession Reversion Reversio Signifies a returning again Therefore Reversio terrae est tanquam terra revertens in possessione Donatori sive haeredibus suis post donum finitum Coke on Littl. fol. 142. b. It hath a double acception the one is Jus revertendi cum status possessionis defecerit and this is but an interest in the Land when the Occupation and Possession of it shall fall and so it is commonly taken 2. When the Possession and Estate which was parted with for a time ceaseth and is determined in the persons of the Alienees Assignees Grantees or their Heirs or effectually returns to the Donor his Heirs or Assigns whence it was derived This is the most proper signification of the word which is derived from Revertor apte dici non potest Reversio antequam revertatur in facto See Littl. lib. 2. cap. 12. And see Remainder Review Fr. Reveue A Bill of Review in Chancery is where the Cause hath been heard and the Decree signed and enrolled and some Error in Law appears in the Body of the Decree or new matter discovered in time after the Decree made Which Bill must be exhibited by leave of the Court and not otherwise Coll. of Orders in Chanc. pag. 69. Reviving Is a word metaphorically applied to Rents and Ac ãâ¦ã and signifies a renewing them after they ãâã extinguished Whereof see divers examples in Brook tit Revivings of Rents Action c. fol. 223. Bill of Revivor Is where a Bill hath been exhibited in Chancery against one who answers and before the Cause is heard or if heard the Decree be not inrolled and either party dies In this Case a Bill of Revivor must be brought to the end the former proceedings may stand Revived and the Cause be finally determined Revocation Revocatio Is the recalling a thing granted Of which you have divers in the Register of Writs As Revocationem brevis de audiendo terminando fol. 124. Revocationem Praesentationis fol. 304 305 c. Rewey Anno 43 Eliz. cap. 10. So as the same Cloaths being put in water are found to shrink Rewey Squally Cockling Light and notable faulty c. i. Unevenly wrought or full of Rews Ribaud Fr. Ribauld A Rogue Rascal Fornicator Whoremonger Rot. Parl. 50 Edw. 3. num 61. Petition against Ribauds and sturdy Beggars Rider-Roll See in Roll. Ridge or Rig of Land Riga Terram quam è pluribus sulâu in aggârem efferunt arantes ita ut sicca sedes frumentis habeatur Romani strigam atque inde agros strigatos nos a Ridge of Land Spel. Yet I have seen in the Exemplification of a Writ of Partition Anno 20 Eliz. Teste Jacobo Dyer Mil. unam acram terrae arabil continen quinque porcas terrae Anglico Ridges Ridings Are the names of the Parts or Divisions of Yorkshire being three viz. East-Riding West-riding and North-Riding and mentioned in the Statute of 22 Hen. 8. cap. 5. and 23 Ejusdem cap. 18. In Indictments in that County it is requisite that the Town and the Riding be expressed West par 2. Symb. tit Indictnents sect 70. Q. Riens passe per le fait Is the form of an Exception taken in some Cases to an Action See Brook tit Estraunger al fait ou Record Riens arrear Is a kinde of Plea used to an Action or Debt upon Arrearages of Account whereby the Defendant does alleage that there is nothing arrear Book of Entries Riens per descent i. Nothing by descent Is the Plea of an Heir where he is sued for his Ancestors Debt and hath no Land from him by descent See 3 Part Cokes Rep. fol. 151. Riens deins le gard Was a challenge to a Jury or Enquest within London c. But it is abrogated by the Statute 7 Hen. 7. cap. 5. Rier County Retro comitatus From the Fr. Arriere i. Posterior in the Stat. 2. Edw. 3. cap. 5. is opposite to open County And by comparing that Statute with West ãâ¦ã 2. cap. 38. it appears to be some publick place which the Sheriff appoints for Receipt of the Kings Money after the end of his County Fleta says it is Dies crastinus post comitatum Lib. 2. cap. 67. Right Jus In general signification includes not onely a right for which a Writ of Right lies but also any Title or Claim either by force of a condition Morgage or the like for which no Action is given by Law but onely an Entry Coke on Littl. lib. 3. cap. 8. sect 445. 447. There is Jus Proprietatis A Right of Ownership Jus Possessionis A Right of Seisin or Possession And Jus Proprietatis Possessionis A Right both of Property and Possession which was anciently called Jus Duplicatum See Recto Droit Right in the Court See Rectus in Curia Rime Rima Is taken for a mean kinde of Verse commonly made by some unskilful Poetaster Of a Libellous and Rebellious Rime I have thought fit to insert this Abstract of an ancient and memorable Record Placita coram Domino Rege apud Ebor. de Termino Pasche Anno Regni Regis Ricardi Secundi 16. Quamplurimi de Cotingham Villis circumjacentibus indictantur quod ipsi alligati fuerint quilibet ad alterum sustinendum manutenendum omnes querelas suas versus quoscunque Et quod modo guerrino obsiderunt villam de Kingston super Hull pontes circumjacentes diripuerunt ita quod nullus ire vel redire posset ad dictam villam ac insuper fecerunt Rimam in Anglicis verbis dictam Rimam publice apud Beverley proclamari fecerunt die c. quae Rima sequitur in haec verba IN the Countrey hard was we That in our Soken shrews should be With all for to bake Among you Friers it is soe And other Orders many moe Whether they sléep or wake And yet will ilke an help up other And maintain him al 's his brother Both in wrong and right And also will in strand and stoure Maintain our Neighbour With all our might Ilke Man may come and goe Among us both to and fro Say you sickerly But bethning wil we suffer none Neither of Hob nor of John With what may he merry be For unkinde we ware If we suffered lesse or mare Any villan hethning But it were quite double again And accord and be âul faine To byde dressing And on that
and hath given name to a Writ granted to recover damage thereupon Scavage Schevage Schewage and Scheauwing From the Sax. sceawian Ostendere Is a kind of Toll or Custom exacted by Mayors Sheriffs c. of Merchant strangers for Wares shewed or offer'd to sale within their liberties which is prohibited by the Statute 19 Hen. 7. ca. 8. In a Charter of Henry the Second to the City of Canterbury it is written Scewinga and in Man Ang. 2 Par. fo 890. b. Sceawing The City of London does still retain the Custom to a good yearly profit Of which Custom the half endell appertaineth to the Sherifs and the other balfen del unto the Hostys in whose Houses the Marchants ben lodged And it is to wet that Scavage is the Shew bycause that Marchantys shewen unto the Sherifs Marchaundyses of the which Custums ought to be taken ore that ony thing thereof be sold c. Out of an old printed Book of the Customes of London Scavenger From the Belgic Scavan i. To scrape or shave away Two in every Parish of London and its Suburbs are yearly chosen into this Office who hire Men called Rakers and Carts to cleanse the Streets and carry away the dirt and filth thereof mentioned 14 Car. 2. ca. 2. The Germans call him a Drecksimon from one Simon a noted Scavenger of Marpurg Scire facias Is a Writ judicial most commonly to call a man to shew cause to the Court whence it issues why Execution of a Judgment passed should not go out This Writ is not granted before a year and a day be passed after the Judgment given Old Nat. Br. fo 151. See Anno 25 Edw. 3. Stat. 5. ca. 2. and 39 Eliz. ca 7. And see other diversities of this Writ in Reg. of Writs and new Book of Entries Scite Anno 32 Hen. 8. ca. 20. See Site Skarkalla or Scarkella It was especially given in charge by the Justices in Eyre that all Juries should inquire de hiis qui piscantur cum Kiddellis Skarkallis Cokes 2 Part Inst fo 38. But he does not declare what Skarkalla is Scot Sax. sceat i. A part or portion Is according to Rastal A certain custom or common Tallage made to the use of the Sheriff or his Bailiffs Scot sayes Camden out of Matth. Westm illud dicitur quod ex diversis rebus in unum acervum aggregatur Anno 22 Hen. 8. ca. 3. Bearing neither Scot Lot nor other charges c. Anno 33 Hen. 8. ca. 9. In Records it is sometimes written Scoth Scot and Lot Anno 33 Hen 8. ca. 9. Signifies a custumory contribution laid upon all Subjects according to their ability Hoveden in principio Hen. 2. writes it Anlote Anscote In the Lawes of William the Conqueror set forth by Lambert you have these words ca. 125. Et omnis Francigena qui tempore Edwardi propinqui nostri fuit in Anglia particeps Consuetudinum Anglorum quod dicunt Anhlote Anscote per solvantur secundum legem Anglorum Again Rex omne injustum Scottum interdixit Hoveden in Anno 1088. Scot from the Sax. sceat ut supra Lot Sax. Llot i. Sors WIllielmus Rex Anglorum Herberto Norwicensi Episcopo omnibus Baronibus suis de Norfolc Suffolc salutem Sciatis me dedisse Sanctae Trinitati Norwicensi Ecclesiae rogatu Rogeri Bigoti terram Michaelis de Utmonasterio terram de Tanerham quae ad eandem terram pertinet quietam semper liberam ab omnibus Scotis Geldis omnibus aliis Consuetudinibus T. Eudonc Dapifero apud Westm c. Scotal or Scotale Scotalla Scotalium Is a word used in the Charter of the Forest ca. 7. Nullus Forestarius vel Bedellus faciat Scotallas vel Garbas colligat vel aliquam Collectam faciat c. Manwood Par. 1. pa. 216. defines it thus A Scotal is where any Officer of the Forest keeps an Alehouse within the Forest by color of his Office causing men to come to his House and there to spend their Money for fear of displeasure It is compounded of Scot and Ale which by transposition of the words is otherwise called an Aleshot and by the Welshmen Cymmorth MEmorandum quod praedicti tenentes de South-malling debent de consuetudine inter eos facere Scotalium de xvi denariis ob Ita quod de singulis sex denariis detur 1 denar ob ad potandum cum Bedello Domini Archiepiscopi super praedictum Feodum Ex vetere Consuetudinario Manerii de Southmalling in Archivis Archiep. Cantuar. Scrudland Sax. Terra cujus proventus vestibus emendis assignati sunt Land allotted for buying apparel or cloathing Ita Eadsius quidem Presbyter in Charta sua Ecclesiae Cantuar. data Dedit etiam terram illam apud Orpedingtunam in vita sua pro anima sua Deo in Ecclesia Christi servientibus in Scrudland i. Fundum vestiarium Sax. Dict. Scutage Scutagium Sax. Scildpenig Hen. 3. for his voyage to the holy-Holy-Land had a Tenth granted by the Clergy and Scutage three marks of every Knights-Fee by the Laity Baker in Hen. 3. This was also granted to Henry the Second Richard the First and King John Scutagio habendo Was a Writ that lay for the King or other Lord against the Tenant that held by Knights-Service to serve by himself or a sufficient man in his place in War against Scots or French or else to pay c. Fitz. Nat. Br. fo 83. Scutum armorum A Sheild or Coat of Armes Noverint universi per presentes me Johannam nuper uxorem Will. Lee de Knightley Dominam rectam haeredem de Knightley dedisse Ricardo Peshale filio Humfridi Peshale Scutum armorum meorum Habend tenend ac portand utend ubicunque voluerit sibi haeredibus suis imperpetuum Ita quod nec ego nec aliquis alius nomine meo aliquod jus vel clameum seu calumpniam in praedicto Scuto habere potuerimus sed per presentes sumus exclusi inperpetuum In cujus Dat. apud Knightley Anno 14 Hen. 6. Scyre-gemot Sax. scyregemot Was a Court held twice every year as the Sheriffs Turn is at this day by the Bishop of the Diocess and the Ealdorman in Shires that had Ealdormen and by the Bishops and Sheriffs in such as were committed to Sheriffs that were immediate to the King wherein both the Ecclesiastical and Temporal Laws were given in charge to the Country Seldens Titles of Honor fo 628. See Consistory Seal Sigillum Is well known The first sealed Charter we find extant in England is that of King Edward the Confessor upon His foundation of Westminster Abby Dugdales Warwickshire fo 138. b. Yet we read in the MS. History of Offa King of the Mercians Rex Offa literas Regii Sigilli sui munimine consignatas eidem Nuncio commisit deferendas And that Seals were in use in the Saxons time see Taylors History of Gavelkind fo 73. See Wang Anno 1536. Domini etiam atque Generosi relictis
imaginibus equitum in Sigillis posuerunt Arma sua in parvis Scutis Chron. Joh. Rossi in Bibl. Cotton Sealer Sigillator Is an Officer in the Chancery who is appointed by the Lord Chancellor or Keeper of the Great Seal of England to Seal the Writs and Instruments there made in his presence Seam Sax. See Seme Sean fish Anno 1 Jac. Ses 1. ca. 25. Seems to be that sort of Fish which is taken with a great long Net call'd a Sean Searcher See Alneger Sea-rover Anno 16 Car. 2. ca. 6. See Privateir Second Deliverance Secunda Deliberatione Is a Writ that lies after a return of Cattle replevied adjudged to him that distrained them by reason of a default in the party that replevied for the replevying the same Cattle again upon security put in for the redelivery of them in case the Distress be justified New Book of Entries verbo Replevin in Second Deliverance fol. 522. Vide Dyer fol. 41. num 4 5. Secta ad Curiam Is a Writ that iies against him who refuseth to perform his Sute either to the County or Court Baron Fitz. Nat. Br. fol. 158. Secta facienda per illam quae habet aeniciam partem Is a Writ to compel the Heir that hath the Elders part of the Coheirs to perform service for all the Coparceners Reg. of Writs fol 177. a. Secta Molendini Is a Writ lying against him that used to grind at the Mill of B. and after goes to another Mill with his Corn. Reg. of Writs fol. 153. Fitz. Nat. Br. fol. 122. But it seems by him that this Writ lies especially for the Lord against his Frank-tenant who held of him by making Sute to his Mill. See the New Book of Entries on this word Secta ad Molendinum and Assises of Nusance are now much turned into Trespasses and Actions upon the Case Secta ad justitiam faciendam Bracton lib. 2. cap. 16. num 6. Is a Service which a Man is bound by his Fee to perform Secta Shirarum Per Sectam Shirarum clamat esse quiet de secta in Com. Cestriae Flint coram Justic Domini Principis in Communi Aula placitorum Plac. in Itin. apud Cestriam 14 Hen. 7. Secta unica tantum facienda pro pluribus haereditatibus Is a Writ that lies for that Heir who is distrained by the Lord to more Sutes than one in respect of the Land of divers Heirs descended to him Reg. of Writs fol. 177. 4. Sectis non faciendis Is a Writ that lies for a Woman who for her Dower ought not to perform Sute of Court Reg. of Writs fol. 174. Secunda super oneratione Pasturae Is a Writ that lies where Admeasurement of Pasture hath been made and he that first surcharged the Common does it again notwithstanding the Measurement Reg. of Writs fol. 157. Old Nat. Br. fol. 73. Vide 13 Edw. 1. cap. 8. Secundary Secundarius A Second Officer who is next to the Cheif Officer As the Secundary of the Fine Office Secundary of the Compter who is next to the Sheriff of London in each of the two Compters Secundary of the Office of the Privy Seal Anno 1 Edw. 4. cap. 1. Secundaries of the Pipe two Secundary to the Remembrancers which are two Officers in the Exchequer Camden pag. 113. Securitatem inveniendi quod se non divertat ad partes exteras sine Licentia Regis Is a Writ that lies for the King against any of His Subjects to stay them from going out of His Kingdom The ground whereof is That every Man is bound to serve and defend the Commonwealth as the King shall think meet Fitz. Nat. Br fol. 85. Securitate Pacis Is a Writ that lies for one who is threatned death or danger against him that so threatens and is taken out of the Chancery directed to the Sheriff whereof the form and farther use you may see in Reg. of Writs fol. 88. b. and Fitz. Nat. Br. fol. 79. Se Defendendo Is a Plea for him who is charged with the death of another saying He was forced to what he did in his own defence the other so assaulting him that if he had not done as he did he must have been in danger of his own life Which danger ought to be so great as that it appears to have been otherwise inevitable Stamf. Pl. Cor. lib. 1. cap. 7. And although he justifie it to be done in his own defence yet is he driven to procure his pardon of course from the Lord Chancelor and forfeits notwithstanding his Goods to the King Seignior Dominus Fr. Seigneur Signifies generally as much as Lord but particularly it is used for the Lord of the Fee or of a Mannor as Dominus or Senior among the Feudists is he who grants a Fee or Benefit out of the Land to another and the reason is because as Hotoman says having granted the use and profit of the Land to another yet the property i. Dominium directum he still retains in himself Seignior in Gross See Lord in Gross Seignory Dominium Fr. Seigneurie i. Ditio Dominatus c. Signifies a Mannor or Lordship Seignorie de Sokemans Kitchin fol. 80. Seignorie in Gross seems to be the title of him who is not Lord by means of any Mannor but immediately in his own person As Tenure in Capite whereby one held of the King as of His Crown was Seignorie in Gross Idem fol. 206. Seignourage Anno 9 Hen. 5. stat 2. cap. 1. Seems to be a Regality or Prerogative of the King whereby He challengeth allowance of Gold and Silver brought in the Mass to His Exchange to be coyned Seisin Seisina Fr. Scisine Possession and Primier Seisin is the first Possession Seisin is twofold in Fact and in Law Perkins Dower 369 370. Seisin in Fact is When an Actual Possession is taken Seisin in Law is When something is done which the Law accounts a Seisin as an Inrolment Seisin in Law is as much as a right to Lands and Tenements though the owner be by wrong dâââeised of them Perkins Tenant pur le Curtesie 457 478. Coke lib. 4. fol. 9. a. Calls it Seisin in Law or Seisin Actual Seisina habenda quia Rex habuit annum diem vastum Is a Writ that lies for Delivery of Seisin to the Lord of his Lands or Tenements who was formerly convict of Felony after the King in right of His Prerogative hath had the Year Day and Waste Reg. of Writs fol. 165. a. Selda From the Sax. Selde a Seat Stool or Settle Assisa Mensurarum Anno 9 Rich. 1. apud Hoveden Prohibemus ne quis mercator praetendat Seldae suae rubros pannos vel nigros vel scuta vel aliqua alia per quae visus emptorum saepe decipiuntur ad bonum pannum eligendum In Majoribus Chronicis ubi locus hic vertitur Selda Window exponitur says Spelman But by what follows it seems clearly to signifie a Shop Shed Standing or Stall Sciant praesentes futuri quod
Rege Niger lib. Scaccarii The Form of his Oath see in the Reg. of Writs fol. 331. b. Shirif-tooth Pèr Shiriftooth Johannes Stanley Ar. clamat habere de quolibet tenente infra feodum de Aldford unum denarium quadrantem per annum exceptis Dominicis terris propriis terrae in feodo Manerio praedicto Maner Hundred de Macclesfeld Rot. Plac. in Itin. apud Cestriam 14 Hen. 7. Shiréebe weke of Winchester and of Esser the compass or extent of a Sheriffs authority Anno 21 Rich. 2. cap. 10. 11. Sherifwikes Anno 13 Eliz. cap. 22. Shirifalty Anno 14 Car. 2. cap. 21. The time of ones being Sheriff Shire Clerk Seems to be the Under-Sheriff Anno 11 Hen. 7. cap. 15. Sometimes taken for a Clerk in the County Court Deputy to the Under-Sheriff See Cokes Rep. lib. 4. Mittons Case Shire-mote See Shire and Turn Shop Shopa Omnibus Johannes Horsenet de Hereford Bochour salutem Noveritis me praefatum Johannem dedisse c. Rogero Smyth de Bromeyard imam Shopam cum pertin suis in Bromeyard praedict scituat in le Market-place ibidem c. Dat. 27 Febr. 9 Edw. 4. See Selda Shorling and Morling Seem to be words to distinguish Fells of Sheep Shorling signifying the Fells after the Fleeces are shorn off the Sheeps back and Morling alias Mortling the Fells flean off after they die or are killed Anno 3 Edw. 4. cap. 1. and 4 Ejusdem cap. 3. Howbeit in some parts of England they understand by a Shorling a Sheep whose Fleece is shorn off and by a Mortling a Sheep that dies See Morling Sich Sichetum Sikettus A little Current of Water which is dry in the Summer Inter duos Sikettos quorum unus cadit inter Mon. Angl. 2 par fol. 426. b. Also a Water-Furrow or Gutter accordingly in Worcestershire I know a Moorish Ground called Blacksich Sicut alias Is a Writ sent out in the second place where the first was not executed Coke lib. 4. fol. 55. b. It is so called of these words expressed in it As Carolus Dei gratia c. Vicecomiti Heref. salutem Praecipimus tibi sicut alias praecipimus quod non omittas propter aliquam libertatem in Balliva tua quin eam ingrediaris capias A. B. de C. in Comitatu tuo gen c. Lambert in this Tract of Processes in the end of his Eiren. Sidemen alias Questmen Are those that are yearly chosen according to the Custom of every Parish to assist the Church-wardens in the Enquiry and presenting such offenders to the Ordinary as are punishable in the Court Christian Sigillum Notum sit omnibus Christianis quod ego Johannes de Gresley non habui potestatem Sigilli mei per unum annum integrum ultimo praeteritum jam notifico in bona memoria sana mente quod scripta Sigillo meo contradico denego in omnibus a tempore praedicto usque in diem restaurationis Sigilli praedicti In cujus rei testimonium Sigillum Decanatus de Repingdon apposui Testibus Domino Thoma Stafford Milite Johanne Arden c. Dat. apud Drakelew 18 Rich 2. See Seal and Tabellion Significabit Is a Writ which issues out of the Chancery upon a Certificat given by the Ordinary of a Man that stands obstinately excommunicate by the space of forty days for the laying him up in prison without Bail or Mainprise until he submit himself to the authority of the Church And it is so called because significavit is an emphatical word in the Writ There is also another Writ of this name in the Register of Writs fol. 7. a. directed to the Justices of the Bench willing them to stay any sute depending between such and such by reason of an Excommunication alleaged against the Plaintiff because the sentence of the Ordinary that did excommunicate him is appealed from and the Appeal yet depends undecided See Fitz. Nat. Br. De Excommunicato capiendo fol. 62. 66. A. where you may finde Writs of this name in other Cases Signet Signet Is one of the Kings Seals wherewith His Private Letters are sealed and is always in the Custody of the Kings Secretaries And there are four Clerks of the Signet Office attending them 2 Inst fol. 556. Silk-thrower or Throwster Anno 14 Car. 2. cap. 15. Is a Trade or Mystery that winds twists and spins or throws silk thereby fitting it for use who are incorporated by the said Act Wherein there is also mention of Silk-winders and Doublers which are Members of the same Trade Anno 20 Car. 2. cap. 6. Silva Cedua See Sylva Caedua Simnel Siminellus vel Symnellus Panis purior sic dictus quod a simila hoc est puriori farinae parte efficitur Panis similagineus Simnel-bread It is mentioned in Assisa Panis and is still in use especially in Lent Bread made into a Simnel shall weigh two shillings less then Wastel bread Stat. 51 H. 3. see Cocket Simony Simonia Venditio rei sacrae a Simone Mago dicta It was agreed by all the Justices Trin. 8. Jac. That if the Patron present any person to a Benefice with Cure for Mony That such Presentation c. is void though the Presentee were not privy to it and the Statute gives the presentation to the King Cokes 12 Rep. fo 74. Simony may be by compact betwixt strangers without the privity of the Incumbent or Patron Croke 1 Part fo 331. Bawderokes Case Hob. Rep. fo 165. Noys Rep. fo 22. Pascals Case 3 Inst fo 153. Simplex Carta simplex A Deed-Poll or single Deed Ricardus Mayhen de Sutton per Cartam simplicem huic indenturae indentatam dedit c. Dat. 22 Edw. 3. Sine assensu Capituli Is a Writ that lies where a Dean Bishop Prebendary Abbot Prior or Master of Hospital aliens the Land held in the right of his House without the consent of the Chapter Covent or Fraternity In which case his Successor shall have this Writ Fitz. Nat. Br. fo 195. Sine die i. Without day When Judgment is given against the Plaintiff he is said to be In misericordia pro falso clamore suo eat inde sine die i. He is dismissed the Court. Si non omnes Is a Writ of association whereby if all in Commission cannot meet at the day assign'd it is permitted that two or more of them may finish the business See Association and Fitz. Nat. Br. fo 185. 111 c. Si recognoscant Is a Writ that lies for a Creditor against his Debtor who has before the Sheriff in the County-Court acknowledged himself to owe his Creditor such a summ received of him in pecuniis numeratis The form of which Writ is this Rex vicecom salutem Praecip tibi quod si A. recognoscat se debere R. 40 solidos sine ulteriori dilatione tunc ipsum distringas ad praedictum debitum eidem R. sine dilatione reddendum Teste c. Old Nat. Br. fo 68. Site or
and purify'd as in Cornwal and elsewere Of which read Cam. Brit. pa. 119. The liberties of the Stannarymen granted by Edward the First before they were abridg'd by the Statute of 50 Edward the Third See in Plowden casu Mines so 327. and Cokes 12 Rep. fo 9. And the liberties of the Stannary-Courts see Anno 17 Car. 1. ca. 15. Staple Stapulum Signifies this or that Town or City whether the Merchants of England were by Act of Parliament to carry their Wool Cloth Lead Tyn and such like Staple Commodities of this Land for the utterance of them by the great The word comes from the Fr. Fstape i. Forum vinarium a Market or Staple for Wines which is the principal Commodity of France And in an old French Book thus A Calais y avoite Estape de la laine c i. The Staple for Wool You may read of many places appointed for this Staple in our Statutes according as the King thought fit to alter them from 2 Ed. 3. ca. 9. to 5 Ed. 6. ca. 7 What Officers the Staples had belonging to them you may see Anno 27 Ed. 3. Stat. 2. ca. 21. The Staple Commodities of this Realm are Wool Leather Woolfelâ Lead Tin Butter Cheese Cloth c. as appeas by the Stat. 14 Ric. 2. ca. 1. though some allow onely the five first See 4 Inst fo 238. Star-chamber Camera stellata Otherwise called Chamber des Estoiels Was a Chamber at Westminster so called because at first all the roof thereof was decked with Images of gilded Stars Anno 25 Hen. 8. ca. 1. It is written the Sterred Chamber Henry the Seventh and Henry the Eighth ordained by two several Statutes viz. 3 Hen. 7. ca. 1. and 21 Hen. 8. ca. 2. That the Chancelor assisted by others there named should have power to hear complaints against Retainors Embraceors Misdemeanors of Officers and such other offences which through the power and countenance of such as did commit them did lift up the head above other faults and for which inferior Judges were not so meet to give correction and the Common-Law had not sufficiently provided And because that place was before dedicated to the like service it was still used accordingly See Camden pa. 112 113. But by the Stat. 17 Car. 1. ca. 10. the Court commonly called the Star-Chamber and all Jurisdiction Power and Authority thereto belonging c. are from and after 1 August 1641 clearly and absolutely dissolved and determined Starling See Sterling Statute Statutum Has divers significations First it signifies an Act of Parliament made by the King and his three Estates of the Realm in which sence it is either general or special Coke lib. 4. Hollands Case Secondly Statute is a short Writing called a Statute-Merchant or Statute-Staple which are in the nature of Bonds Anno 5 Hen. 4. ca. 12. and are called Statutes because made according to the form expresly provided in certain Statutes which direct both before what persons and in what manner they ought to be made West par 1. Symbol lib. 2. Sect. 151. defines a Statute-Merchant to be a Bond acknowledged before one of the Clerks of the Statutes-Merchant and Mayor of the Staple or chief Warden of the City of London or two Merchants of the said City for that purpose assigned or before the Mayor chief Warden or Mayor of other Cities or good Towns or other sufficient Men for that purpose appointed sealed with the seal of the Debtor and of the King which is of two peices the greater is kept by the said Mayor c. and the less by the said Clerk The form of which Bond Fleta lib. 2. ca. 64. Sect. 2. thus delivers Noverint universi me N. de tali Comitatu teneri M. in Centum Marcis solvendis eidem M. ad Festum Pent. Anno Regni Regis c. Et nisi fecero concedo quod currant super me haeredes meos districtio pena provisa in Statuto Domini Regis edito apud Westm Datum London tali die The Fee for the Seal is for Statutes acknowledged in Fairs for every pound a half penny and out of Fairs a farthing The execution upon Statute-Merchant is first to take the Body of the Debtor if he be lay and can be found if not his Lands and Goods and is founded on the Statute 13 Ed. 1. Stat. 4. See New Book of Entries verbo Statute-Merchant Statute-Staple is either properly so called or improperly Properly is a Bond of Record acknowledged before the Mayor of the Staple in the presence of one of the two Constables of the same Staple The Fee for the Seal is of every pound if the same exceed not 100 l. a half-penny and if it exceed 100 l. a farthing By vertue of which Statute the Creditor may forthwith have execution of the Body Lands and Goods of the Debtor and this is founded on the Statute 23 Ed. 3. ca. 9. A Statute-Staple improper is a Bond of Record founded upon the Statute 23 Hen. 8. ca. 6. of the nature of a proper Statute-Staple as to the force and execution of it and acknowledged before one of the Chief Justices and in their absence before the Mayor of the Staple and Recorder of London The forms of all which Bonds or Statutes see in Westm Part 1. Symbol lib. 2. Sect. 152 154 c. Statutes Is also used in our vulgar Discourse for the petite Sessions which are yearly kept for the disposing of servants in service by the Statute 5 Eliz. ca. 4. See Recognizance Statute-Sessions Otherwise called Petty-Sessions are a meeting in every Hundred of all the Shires in England where by custom they have been used whereunto the Constables do repair and others both Housholders and Servants for the debating of differences between Masters and their Servants the rating of Servants Wages and the bestowing such People in service as being fit to serve either refuse to seek or cannot get Masters Anno 1 Eliz. ca. 4. Statuto Stapulae Is a Writ that lies to take his Body to Prison and to seise upon his Lands and Goods who hath forfeited the Bond called Statute-Staple Reg. of Writs fo 151. Statutum de laboraiis Is a Writ Judicial for the apprehending such Labourers as refuse to work according to the Statute Reg. Judic fo 27. b. Statutum mercatorium Is a Writ for the Imprisoning him that has forfeited a Bond called Statute-Merchant untill the Debt be satisfied Reg. of Writs fo 146. b. and of these there is one against Lay-persons another against Ecclesiastical Stemnifreoch Nec non libertate multurae suae in molendixo ipsius Roberti c. quod sint Stemnefreoch Cholfreoch Mon. Angl. 2 Par. fo 293. b. quaere Stennerie Is used for the same with Stanneries in the Statute 4 Hen. 8. ca. 8. See Stanneries Sterbrech alias Strebrech Is the breaking obstruction or diminution of a way or the turning it out of its right course from the old English word Stre i. Via and Brech fractio
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 Lâet 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
c. Reg. of Writs fo 293. b. Terra frusca Continens xl acras terrae fruscae pasturae c. Mon. Angl. 2 Par. fo 327. b. Fresh-land or such as hath not been lately plowed This is elsewhere written Terra frisca Terra nova Saepe legitur in Chartis feodalibus in sensualibus schedulis vel proterra noviter concessa vel noviter assarta Prior. Lew. pa. 1. Reddat pro nova terra 2 sol Spe ãâ¦ã Terra vestita Is used in ancient Charters for Land sown with Corn. Terra sabulosa Lat. Gravelly or grossesandy land Et praedictae xxiiii acrae terrae valent per ann xiii sol iv denar non plus quia est terra sabulosa Inq. 10 Ed. 3. n. 3. Norf. in Turr. Lond. Terra puturata See Putura Terra lucrabilis Tam in Mora quam in terra lucrabili Marais cum omnibus piscariis suis Mon. Angl. 1 Par. fo 406. a. Land that may be gained from the Sea or inclosed out of a Wast to particular use Terra excultabilis Totam illam terram excultabilem quam habuit apud Norwicu ãâ¦ã in Campis Mon. Angl. 1 Par. fo 426. b. Land that may be till'd or plow d. Terra culta Land that is Tilled or ãâã nured and terra inculta the contrary see Wacnoth Terrage Terragium Edward the Third granted by Patent to John of Gaunt and Blanch his Lady for their live quod sint qui ãâ¦ã de Theolonio Savagio Passagio Lastagio Tallagiâ Carvagio Prisagio Pickagio Terragio which seems to be an exemption a Praecariis viz. Boons of Plowing Reaping c. and perhaps from all Land-Taxes Terrar Terrarium vel Catalogus ter ãâ¦ã Is a Book Survey or Land-Roll wherein the several Lands either of a single person or of a Town are described containing the quantity of Acres boundaries Tenants names and such like Anno 18 Eliz. ca. 17. In the Exchequer there is a Terrar of all the glebe-Glebe-lands in England made about 11 Edw. 3. Terris bonis catallis rehabendis pest purgationem Is a Writ that lies for a C ãâ¦ã to recover his Lands Goods or Chattels formerly seized on after he has cleer'd himself of that Felony upon suspition whereof he was formerly convict and deliver'd to his Ordinary to be purg'd Reg. of Writs fo 68. b. Terris liberandis Is a Writ that lies for a Man convicted by attaint to bring the Record and Process before the King and to take a Fine for his Imprisonment and to deliver him his lands and Tenements again and to release him of the Strip and Waste Reg. of Writs fo 232. a. Terris catallis tentis ultra debitum levatum Is a Writ Judicia for the restoring Lands or Goods to a Debtor that is distreined above the quantity of the Debt Reg. Jud. fo 38. b. Terre tenant Terrae tenens Is he who has the natural and actual possession of the Land which we otherwise call the Occupation Anno 39 Eliz. ca. 7. For example a Lord of a Mannor has a Freeholder who lets out his free-land to another this other having the actual possession Is called the Terre-tenant West Par. 2. Symb. tit Fines Sect. 137. Cromp. Jurisd fo 194. Britton ca. 29. Perkins Feoffments 231. Ters See Tierce Tertian A Measure containing fourscore and four Gallons Anno 1 Rich. 3. ca. 13. 2 Hen. 6. ca. 11. So called because it is the third part of a Tun. Tertium denarium See Third-peny Testament Testamentum What it is in the common signification see in Will It was anciently used according to Spelman pro Scripto charta vel instrumento quo praediorum rerumve aliarum transactiones perficiuntur sic dictum quod de ea re vel testimonium ferret vel testium nomina contineret siquis contra hoc meae authoritatis Testamentum aliquod machinari impedimentum praesumpserit c. Charta fundationis Croylandiae ab Aethelbaldo Rege Anno Dom. 716. Testator Lat. He that makes a Testament See Swinborn of Wills and Testaments and see Will. Testatum Is a Writ in personal Actions As if the Desendant cannot be arrested upon a Capias in the County where the Action is laid but is returned non est inventus by the Sheriff This Writ shall be sent out into any other County where such person is thought to have whence to satisfie which is termed a Testatum because the Sheriff has formerly testified that the Defendant was not to be found in his Balywic See Kitchins return of Writs fo 287. b. Leste Is a word commonly used in the last part of every Writ wherein the date is contained which begins with these words Teste me ipso c. if it be an original Writ or if judicial Teste Johan Keeling Milite or Iohanne Vaughan Mil. according to the Court whence it comes Yet we read in Glanvile lib. 1. ca. 6. 13. lib. 2. ca. 4. The last Clause of an Original Writ to be Teste Radulpho de Glanvilla apud Clarendon c. and divers times in the Reg. of Writs Teste Custode Angliae as namely in the Title Prohibition fo 42. a. Consultation fo 54. b. Testimonial Anno 39 Eliz. 17. Is a Certificate under the hand of a Justice of Peace Testifying the place and time when and where a Souldier or Mariner landed and the place of his dwelling and birth unto which he is to pass c. or such like 3 Inst fo 85. Teston Anno 2 3 Ed. 6. ca. 17. A sort of Money which among the French did bear the value of 18 Denar and so perhaps formerly in England but in Henry the Eighths time being made of Brass lightly gilt with Silver it was reduced to 12 d and in the beginning of Edward the Sixth to 9 d afterterwards to 6 d. Thack-tile Anno 17 Edw. 4. ca. 4. otherwise called Plain-tile which are laid on the side of a House Thanage of the King Thanagium Regis Signify'd a certain part of the Kings Lands or Property whereof the Ruler or Governor was called Thane Domania Regis and Thanagia idem significant Sayes Skaene Thane or Theyn Thanus from th'Saxon thegen Signifies sometimes a Nobleman sometimes a Free-man sometimes a Magistrate but more properly an Officer or Minister of the King This appellation was in use among us after the Norman Conquest as appears by Doinesday and by a certain Writ of William the First Willielmus Rex salutat Hermannum Episcopum Stewinum Britwi omnes Thanos meos in Dorsestrensi pago amicabiliter MS. de Abbotsburi Skaene sayes it is the name of a Dignity equal with that of the Son of an Earl Cambden sayes They were enabled onely by the Office which they administred See Mills de Nobilitate fo 132. Theft Furtum Is an unlawful Felonious taking away another mans moveable and personable Goods against the owners will with an intent to Steal them which is divided into Theft simply so called and petit
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
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
mansionum connexione quod in oppidis potius expetendum esset successivis temporibus villis postea introductum est Spelman Vill and Parish shall be intended all one 2 Part Crokes Rep. Wreys Case fo 263. yet there may be two Vills in one Parish idem fo 120. Storks Case Uillain Villanus Fr. Vilain i. Illiberalis vilis impurus Signifies a Bondman of which there were two sorts in England one termed a Villain in gross who was immediately bound to the person of his Lord and his heirs the other a Villain regardant to a Mannor whom the Civilians term Glebae adscriptitium being bound to their Lord as Members belonging to and annexed to a Mannor whereof the Lord was owner Sir Thomas Smith Repub. Angl. lib. 3. ca. 8. Old Nat. Br. fo 8. Bracton lib. 1. ca. 6. num 4. He was properly a pure Villain of whom the Lord took redemption to marry his Daughter and to make him free and whom the Lord might put out of his Lands and Tenements Goods and Chattels at his will and beat and chastise but not maim him There are not properly any Villains now though the Law concerning them stands un-repealed We have rarely heard of any Case of Villenage since Crouches Case in Dyer See Preface to Rolls Abridgment Servorum enim Nativorum apud nos sublata est conditio quas ideo possidebant terras vel praedia hodie libere tenent sub antiquae servitutis consuetudinibus Spel. Omnibus Frater Mathaeus Abbas de Halesoweign Conventus ejusdem loci salutem Noveritis nos unanima voluntate concensu fecisse Johannem del Grene de Rug eakur liberum cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis Ita vero quod praefatus Johannes cum tota sequela sua procreata procreanda cum omnibus catallis suis habitis habendis ab omni jugo servitutis liberi maneant imperpetuum In cujus âei testimonium huic literae libertatis sigillum nostrum apposuimus Dat. 31 Ed. 3. Ex ipso Autographo penes Johannem Winsord Mil. Uillanis Regis subtructis reducendis Was a Writ that lay for the Soringing back of the Kings Bondmen that had been carryed away by others out of his Mannors whereto they belonged Reg. of Writs fo 87. b. Uillanous Judgment Villanum Judicium Is that which casts the reproach of villany and shame upon him against whom it is given as a Conspirator c. Stamf. Pl. Cor. lib. 3. ca. 12. fo 175. which Lam. in his Eiren. lib. 1. ca. 13. pa. 63. calls villanous punishment and sayes it may well be called villanous because the Judgment in such a case shall be like the ancient Judgment in Attaint as it is said Anno 4 Hen. 5. Fitz. Judgment 220 and in 27 lib. Assis pl. 59. is set down to be that they shall not be of any credit afterward nor lawful for them in person to approach the Kings Court and that their Lands and Goods be seised into the Kings hands their Trees rooted up and their Bodies imprisoned c. And at this day the punishment appointed for Perjury having somewhat more in it then corporal or pecuniary pain strotching to the discrediting the testimony of the Offendor for ever may be partaker of this name This and such like is elsewhere termed vile odibile Judicium See Pillory Uillein fleeces Anno 31 Edw. 3 ca. 8. Are bad fleeces of Wool that are shorn from scabb'd Sheep Uillenage Villenagium Signifies a servile kind of tenure of Lands or Tenements whereby the Tenant was bound to do all such services as the Lord commanded or were fit for a villain to perform ubi sciri non poterit vespere quale servitium fieri debet mane Bracton lib. 2. ca. 8. num 3. The division of Villenage was villain of Blood and of Tenure Tenure in Villenage could make no Freeman villain if it were not continued time out of mind nor free land make villain free Villenage is also divided by Bracton ubi supra into Purum villenagium a quo praestatur servitium incertum indeterminatum as above is said and Villenagium Soccagium which was to carry the Lords Dung into his Fields to plow his ground at certain dayes Sow and Reap his Corn c. and even to empty his Jakes as the Inhabitants of Bickton were bound to do those of Clun Castle in Shropshire which was afterwards turned into a Rent now called Bicton silver and the villanous service excused Placita de Banco a die Pasche in 15 dies 34 Hen. 3. Rot. 20 Berks. WIll Maynard qui tenuit terras in Heurst cognoscit se esse Villanum Abbatis de Abbendon tenere de eo in Villenagio per villanas consuetudines viz. per servitium 18 d. per annum dandi Maritagium Marchetum pro filia sorore sua ad voluntatem ipsius Abbatis faciendo omnes villanas consuetudines Copyholders or Tenants by Copy is but a new name for anciently they were called Tenants in Villenage or of base Tenure Fitz. Nat. Br. fo 28. C. Uinnet Anno 14 Car. 2. ca. 33. A kind of flower or border with which Printers use to garnish printed leaves Uirgata terrae Al. Virga terrae A yard-Yard-land MS. Codex Decem acrae terrae faciunt secundum antiquam consuetudinem unam ferdellam quatuor ferdellae faciunt virgatam See Yardland Uiridario eligendo Is a Writ that lies for the choice of a Verderor in the Forest Reg. of Writs fo 177. Uirilia A mans privy-members the cutting off of which was Felony by the Common-Law according to Bracton lib. 3. fo 144. whether the party consented or not Henricus Hall A. uxor ejus capti detenti in prisona de Evilchester eo quod rectati fuerint quod ipsi absciderunt virilia Johannis Monacbi quem idem Henricus deprehendit cum praedicta A. uxore ejus Rot. Claus 13. Hen. 3. m. 9. Uirga ferrea Sciant quod ego Hamundus Urri dedi Nich. filio Edde pro viii 5. sterlingis quos mihi dedit prae manibus unam placetam terrae meae in vico versus Dustelee quae jacet inter terram meam terram Philippâ filiâ Heylin cujus latitudo in fronte continet in se xvi virgas ferreas praeter unum quarterium totidem aretro c. Ex libro Cart. Prior. Leominstr This was so many yards according to the Kings Standard in the Exchequer which anciently was of Iron now Brass Uisitation Visitatio Is that Office or Action which is perform'd by the Bishop in every Diocess once in every three years or by the Arch-deacon once a year by visiting the Churches and their Rectors c. Ut populus illorum curae commissus salubriter a pastoribus ordine gubernetur Reform Leg. Eccles fo 124. Ne quid detrimenti capiat Ecclesia sayes another Author Uisitation of Manners Visitatio
morum Was wont to be the name of the Regarders Office in ancient time Manwood Par. 1. pa. 195. See Regarder Uisne Vicinetum Signifies a Neighbour-place or a place near at hand Anno 16 Rich. 2. ca. 6. dicitur vicinetum in Jure nostro locus quem vicini habitant qui olim intelligebantur de eadem villa sive adjacentibus atque alias de eodem Hundredo vel proximit modo vero de eodem pago sive Comitatu ãâã hoc est compagenses Spelm. See Venew Uisu Franciplegii Is a Writ to exempt him from coming to the View of Frankpledge who is not resident within the Hundred For men are bound to this View by reason of their habitation and not of Lands held where they dwell not Reg. of Writs fo 175. Uitteller alias Uictualer Victualarius al. Vitellarius Is he that sells Victuals for whom there is a Writ in Fitz. Nat. Br. fol. 172. If they exercise their Trade bearing a Magistracy in any Town Corporate Uiva pecunia Anciently used for live Cattle See Pecunia Uiva voce See Deposition Uivary Vivarium Signifies a place on Land or Water where living things are kept In Law it most commonly signifies a Park Warren Fish-pond or Piscary Cokes second part Inst fol. 100. Haec est conventio inter Priorem Conventum Canonicorum de Rudham Rogerum de Glanvilla de Molendino stagno de Thorp sc quod Canonici reddent annuatim praefato Rogero 7 sol quemadmodum pater ejus Robertus de Glanvilla solebat habere tempore Michaelis Prioris si Rogerus de Glanvilla fuerit in Ructon vel uxor ejus ipse poterit piscari in Vivario absque Wasto cum Batello Canonicorum c. Anno 1171. 8 Maii. M. S. Penes Gul. Dugdale Arm. Ulnage See Alnage Uncore prists Is a Plea for the Defendant being sued for a debt due at a day past to save the forfeiture of his Bond saying he tendred the debt at the time and place and that there was none to receive it and that he is yet also ready to pay the same 7 Edw. 6. 83 Dyer See Unques prist Uncuth Sax. Unknown It is used in the ancient Saxon Laws for him that comes to an Inn guest-wise and lies there but one night in which case his Host was not bound to answer for any offence he committed whereof he was guiltless himself See Lamb. Archai fol. 133. num 7. Item secundum antiquam consuctudinem dici poterit de familia alicujus qui hospes fuerit cum alio per tres noctes quia prima nocte poterit dici Uncuth Secunda vero Gust tertia nocte Hoghenehine Bracton lib. 3. cap. 10. num 2. See Thirdnightawnhine Unde nihil habet Is a Writ See Dote unde nihil habet Under-chamberlain of the Exchequer Is an Officer there that cleaves the Tallies written by the Clerk of the Tallies and reads the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true he also makes searches for all Records in the Treasury and hath the custody of Domesday Book There are two Officers there of this name Under Sheriff Subvicecomes See Sheriff Under sitter Is an Inmate See Inmate Undertakers Were such as were employed by the Kings Purveyors as their Deputies Anno 2 3 Phil. Ma. cap. 6. And such as undertake any great work as draining of Fens c. Anno 43 Eliz. cap. 11. Under Treasurer of England Vicethesaurarius Angliae Anno 39 Eliz. cap. 7. This Officer is confounded in other Statutes with Treasurer of the Exchequer as in 35 Eliz. In the vacancy of the Lord Treasurers Office he does all things in the Receipt that the Lord Treasurer doth Anciently he did Chest up the Kings Treasure at the end of every Term and note the content of Money in each Chest and see it carried to the Kings Treasury in the Tower for the ease of the Lord Treasurer c. Uniformity Uniformitas One form of Publick Prayers and Administration of Sacraments and other Rites and Ceremonies in the Church of England prescribed by the Statutes 1 Eliz. cap. 2. And 14 Car. 2. cap. 4. Union unio Is a combining or consolidating of two Churches in one which is done by the consent of the Bishop the Patron and Incumbent But there are two other sorts of it as when one Church is made subject to the other and when one Man is made Rector of both and when a Conventual is made Cathedral as you may read in the Gloss of the Chapter Licet de locato conducto in Lyndwoods Provincials Sect. Et quia In the first signification by the Statute 37 Hen. 8. cap. 21. It was made lawful to make an Union or Consolidation of two Churches in one whereof the value of the one is not above six pounds in the Kings Books of the First Fruits and not above one mile distant from the other And by another Statute 17 Car. 2. cap. 3. It shall be lawful for the Bishop of the Diocess Major Bailiff c. of any City or Corporate Town and the Patron or Patrons to unite two Churches or Chappels in any such City Town or the Liberties thereof provided such Union shall not be good if the Churches so united exceed the sum of One hundred pound per annum unless the Parishioners desire otherwise c. Unity of Possession Signifies a Joynt-possession of two Rights by several Titles As if I take a Lease of Land from one upon a certain Rent afterwards I buy the Fee-simple this is an Unity of Possession whereby the Lease is extinguished by reason that I who had before the occupation onely for my Rent am become Lord of the same and am to pay my Rent to none but my self University Universitas Is most usually taken for those two Bodies which are the Nurseries of Learning and Liberal Sciences in this Realm Oxford and Cambridge endowed with great favors and priviledges as appears not onely by Anno 2 3 Ph. Mar. cap. 15. 13 Eliz. cap. 21. 18 Ejusdem cap. 6. But much more by their several Charters granted by divers pious and munificent Kings of this Land Anno 14 Car. 2. cap. 4. Unlage Sax. Un-laga A wicked or unjust Law In which sence the word occurs in LL. Hen. 1. cap. 34. 84. Unlawful Assembly Illicita Congregatio Is the meeting of three or more persons together with force to commit some unlawful Act and abiding together though not endeavoring the execution of it as to assault or beat any person to enter into his House or Land c. West par 2. Symbol tit Indictments sect 65. Lambert in his Eiren. cap. 19. By the Statute of 16 Car. 2. cap. 4. And 22 Ejusdem cap. 1. If five persons or more shall be Assembled together above those of the Family at any Conventicle or Meeting under colour of any Exercise of Religion it is unlawful and punishable by Fines and otherwise as in
Anno ãâã Ed ãâ¦ã ca. 6. See Coke on Litt. fo 365. a. 383. b. Item utimur quod si aliquis puerorum nosirorum in aliquo casu Tenementa nostro tangenti vocatur ad Warrantizandum non tenetur Warrantizare nisi sit quatuordecim annorum MS. Codex de LL. ãâã Statutis Burgi-villae Mount-gomer a temp Hen. 2. There is also a Warant of Atturney whereby a man appoints another to do something in his Name and waranteth his Action which seems to differ from a Letter of Atturney which passeth ordinarily under the hand and Seal of him that makes it before any credible Witnesses whereas a Warant of Atturney in a personal and mixt Action and many real Actions is of course put in by the Attorneys for the Plaintiffs or Demandants Tenants or Defendants but a Warant of Attorney to suffer a Common recovery by the Tenant or Vouchee is acknowledged before such persons as a Commission for the doing thereof directeth West Par. 2. Symb. tit Recoveries Sect. 1. F. See Atturney and Letter of Atturney Ward Sax. Æ¿eard i. Vigilia item Custos Has divers applications as a Ward in London Latined Warda which is a portion of the City committed to the special charge of one of the twenty-four Aldermen c. See Stows Survey Secondly A Forest is divided into Wards Manwood par 1. pa. 97. Thirdly A Prison is also called a Ward Lastly The heir of the Kings Tenant holding by Knights-service or in Capite or of any common person by Knights-service was called a Ward during his nonage Anno 32 Hen. 8. ca. 46. But this last with the Court of Wards and all Wardships c. is taken away by the Stat. 12 Car. 2. ca. 24. Wards and Liveries Wardi liberatura Was a Court first erected in King Henry the Eighths time and afterwards augmented by Him with the Office of Liveries and therefore called by Him The Court of Wards and Liveries now taken away discharged by Stat. 12. Car. 2. ca. 24. Warrantia Chartae Is a Writ that lies properly for him who is enfeoffed in Lands or Tenements with Clause of Waranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to Waranty In which case his remedy is to take out this Writ against the Feoffor or his heir Reg. of Writs fo 157. Fitz. Nat. Br. fo 134. Fleta lib. 6. ca. 35. Warrantia diei Is a Writ lying in câse where a man having a day assigned personally to appear in Court to any Action wherein he is sued is in the mean time by Commandment employ'd in the Kings Service so that he cannot come at the day assign'd the Writ is directed to the Justices to this end that they neither take nor record him in defalt for that day Reg. of Writs fo 18. Fitz. Nat. Br fo 17. Glanvile lib. 1. ca. 8. Warrantia Custodiae Is a Writ judicial that lay for him who was challenged to be Ward to another in respect of Land said to be holden in Knights-service which when it was bought by the Wards Ancestors was Warranted to be free from such thraldome and it lay against the Warranter and his Heirs Reg. jud fo 36. But by the Statute 12 Car. 2. ca. 24. it is now become useless Wardage Wardagium Sed sint quieti de quolibet Theolonio Tallagio Passagio Pedagio Lastagio Hidagio Wardagio omnibus Geldis Fengeldis Horngeldis Forgeldis Penigeldis Tendpenigs Hunderpenigs Miskemelig Brenalpeninge Gritbbregs c. Carta Gilberti Tison summi Vexillatoris Angliae Sine Dat. It seems to be the same with Wardpeny which see Wardstaf Lambourn Mannor in Essex is held by Service of the Wardstaf viz. to carry a Load of Straw in a Cart with six Horses two Ropes two men in Harness to watch the said Wardstaf when it is brought to the Town of Aibridge c. Cam. tit Essex Wardfeoh or Wardfegh Sciant presentes futuri quod ego Henricus de la Morton dedi Rogero de Foresta Johannae uxori suae pro duodecim solidis sex denariis quae mihi dederunt prae manibus unam acram terrae meae de tribus selionibus c. Reddendo inde annuatim ad Festum Sancti Michaelis mihi heredibus meis unum denarium pro omni servitio herietto relevio warda regali servicio Wardfegh pro omnimoda secta Curiae meae heredum meorum assignatorum nostrorum pro omnibus consuetudinibus exactionibus c. Sinc dat It signify'd the value of a Ward or the money paid to the Lord for his redemption from Wardship Warden Gardianus Is all one with the Fr. Gardein and signifies him that has the keeping or charge of any person or thing by Office as Wardens of the Fellowships in London Anno 14 Hen. 8. ca. 2. Warden-Courts 31 Hen. 6. ca. 3. Warden of the Marches 4 Hen. 7. ca. 8. Wardens and Communalty of the lands contributory to Rochester-Bridge 18 Eliz. ca. 7. Wardens of Peace 2 Ed. 3. ca. 3. Stat. Northampton Warden of the West-Marches Cam. Brit. pa. 606. Warden of the Forest Manwood Par. 1. pa. 42. 111. Warden of the Aulnage 18 Hen. 6. ca. 16. Warden of the Kings Wardrobe 51 Hen 3. Stat. 5. Wardens of the Tables of the Kings Exchange 9 Edw. 3. Stat. 2. ca. 7. 9 Hen. 5. Stat. 2. ca. 4. Wardens of the Rolls of the Chancery 1 Ed. 4. ca. 1. 5. Warden or Clerk of the Hanaper of the Chancery ibidem Warden of the Kings Writs and Records of his Common Bench ibidem Warden of the Kings Armour in the Tower 1 Ed. 4. ca. 1. Warden of the House of Converts 12 Car. 2. ca. 30. Warden of the Stanneries 14 Car. 2. ca. 3. See Gardian Wardmote Wardemotus Is a Court kept in every Ward in London Anno 32 Hen. 8. ca. 17. ordinarily call'd among them the VVardmote Court vide Cart. Hen. 2. de libertatibus London where there are 26 VVards which are as Hundreds and the Parishes as Towns 4 Inst fo 249. Wardpeny alias Warpen Warthpeny Denarii vicecomiti vel aliis Castellanis persoluti ob castrorum praesidium vel excubias agendas Concedo etiam eidem Ecclesiae leugam circumquaque adjacentem liberam quietam ab omni geldo secto Hidagio danegeldo opere pontium Castellorum parcorum omnibus auxiliis placitis querelis siris Hundredis cum saca soca Thol Theam Infangtheof Warpeny Lestage Hamsocne forstal Blodwite c. Chart. Gul. Conq. Ecclesiae S. Martini de Bello Retinui vero mihi haeredibus meis Wartpeny Peterspeny de praedicta terra Carta Bertram de Verdon penes W. Dugdale Ar. Wardwite Significat quietantiam misericordiae in casu quo non invenerit quis hominem ad Wardam faciendam in castra vel alibi Fleta lib. 1. ca. 47. Immunitas a praesidiis faciendis vel ab eorum
contributione Spelm. Warectum terra warecta Fr. Terre garee Land that has been neglected and long untill'd also Fallow ground Tempus warecti in ancient Records signifies the time wherein Land lies Fallow the Fallow year or season for Fallowing Land In Warectis in brueriis in boscis in mariscis in defensis et in omnibus terris c. Mon. Angl. 2. Par. fo 253. a. xxv acras uno quoque anno ad seminandum et totidem ad Warectandum Idem 1. Par. fo 525. b. See Yvernagium Waren VVarenna from the Germ. Wahren i. Custodire Is a Franchise or place priviledg'd either by prescription or grant from the King to keep Beasts and Fowle of VVaren which are Hares and Conies Partridges and Feasants If any person offend in such Free-waren he is punishable for the same by the Common-Law and by Statute 21 Ed. 3. called the Statute de malefactoribus in parcis et chaceis c. Videtur tamen Justiciariis hic et Concilio Dom. Regis quod Capreoli sunt bestiae de Warenna et non de Foresta eo quod fugant alias bestias de Warenna Hill An. 13 Ed. 3. Ebor. Rot. 136. Warnoth Inter Record de Recept Scacc. Trin. 33 Ed. 1. Linc. 46. coram Rege I find it to be an ancient Custom whereby if any Tenant holding of the Castle of Dover faild in paying his Rent at the day he should forfeit double and for the second failer treble c. And in Mon. Angl. 2. Par. fo 589. a. Terris cultis terris de Warnoth War-scot Was the contribution that was made towards Armor or War in the Saxons time Sint omnes tam primarii quam mediocres et minuti immunes liberi et quieti ab omnibus provincialibus summonitionibus et popularibus placitis quae Hundred laghe Angli dicunt et ab omnibus armorum oneribus quod Warscot Angli dicunt et forinsecis querelis LL. Forest Canuti Regis num 9. UUarwit See VVardwite Waste Vastum Sax. waest Hath divers significations first it is a spoil made either in Houses Woods Lands c. by the Tenant for life or years to the prejudice of the Heir or of him in the Reversion or Remainder Kitchin fol. 168 c. Whereupon the Writ of Waste is brought for recovery of the thing wasted and trebble damages See Vasto Waste of the Forest is most properly where a Man cuts down his own Woods within the Forest without Licence of the King or Lord Cheif Justice in Eyre See Manwood 2 Part cap. 8. num 4 5. Secondly Waste is taken for those Lands which are not in any one Mans occupation but lie common which seem to be so called because the Lord cannot make such profit of them as he does of his other Lands by reason of that use which others have of it in passing to and fro Upon this none may build cut down Trees dig c. without the Lords Licence Thirdly Year day and Waste Annus Dies Vastum Is a punishment or forfeiture belonging to Petit-Treason or Felony whereof you may read Stamf. Pl. Cor. lib. 3. cap. 30. And see Year Day and Waste Waste-ground Vastus fundus Is so called because it lies as Waste with little or no profit to the Lord of the Mannor and to distinguish it from the Demesns in the Lords hands 2 Part Inst fol. 656. See Waste Wastors Anno 5 Edw. 3. cap. 14. Were a kinde of Theeves so called There have béen says the Statute divers Man-slaughters Felonies and Robberies done by People called Roberdsmen Wastors and Draw-latches 4 Hen. 4. cap. 27. Wastel Bread Anno 51 Hen 3. Statute of Bread Forte a Uasten Belgis jejunare unde illis Wastelavond Shrovetide Vox autem unde veniat non liquet says the Gloss in x. Scriptores See Cocket Water-bailiffs Seem to be Officers in Port-Towns for the searching of Ships Anno 28 Hen. 6. cap. 5. Also an Officer so called belonging to the City of London who hath the supervision and search of Fish brought thither and the gathering of the Toll rising from the Thames He also attends on the Lord Major for the time being and hath the principal care of Marshalling the guests at his Table and doth Arrest Men for debt or other personal or criminal Matters upon the River of Thames by Warrant of his Superiors Watergage Watergagium Aquagagium A Sea-wall or Bank to stop or restrain the current or overflow of the Water also an Instrument to gage or measure the profundity or quantity of any Waters Watergang Watergangium Sax. waetergang i. Decursus aquae A Trench Trough or Course to carry a Stream of Water Such I conceive as are usually made in Sea-walls to loose and drain Water out of the Marshes Some Authors confound this with Watergage but they seem to have different significations Carta Hen. 3. De Ordinatione Marisci de Romency c. Ad reparandum Wallias Watergangias eiusdem Marisci contra Maris periculum Omnibus Balivis de Besintone Robertus de Curci salutem Mando vobis atque praecipio quatenus justicietis meos homines de Snargate ut faciant Wallas Watergangas clausuras Wallarum sicut debent facere si facere noluerint tum justicietis illos ut faciant c. Mon. Angl. 2 par fol. 920. b. Watergavel Henricus Rex salutem Sciatis nos dedisse dilecto fide li nostro Huberto de Burgo Comiti Kantiae Margariae uxori suae redditum xxxii s. iv d. quem homines eorundem Huberti Margariae de Manerio suo de Elmour nobis reddere solebant singulis annis per manum Balivi nostri de Menstreworth nomine Watergavel Habend c. Dat. 15 Hen. 3. This was a Rent paid for fishing in or other benefit received from some River or Water Watlingstréet Anno 39 Eliz. cap. 2. Is one of those four ways which the Romans are said to have made here and called Consulares Praetorias Militares Publicas This Street is otherwise called Werlamstreet and leads from Dover to London Donstable Touceter Atterston and the Severn near the Wrekyn in Shropshire extending it self to Anglesey in Wales The second is called Ikenildstreet stretching from Southampton over the River Isis at Newbridge thence by Camden and Litchfield then it passeth the River Derwent near Derby so to Bolesover Castle and ends at Tinmouth The third was called Fosse because in some places it was never perfected but lies as a large Ditch leading from Cornwal through Devonshire by Tetbury near Stow in the Wolds and besides Coventry to Leicester Newark and so to Lincoln c. The fourth was called Ermin or Erminage-street stretching from S. Davids in West-Wales unto Southampton See LL. Edw. Conf. cap. 12. whereby these Quatuor Chemini or Four Publick Ways had the priviledge of Pax Regis Waxshot or Waxscot Ceragium Tributum quod in Ecclesiis pendebatur ad subministrationem cerae luminarium Wax cera Shot