Huckstow idem pag. 456. of Hay Manwood parte 1. pa. 144. of Cantsâ—lly eadem pag. of Ashdowne in the County of Sussex an 37. H. 8. ca. 16. Forests of Whittilwood and Swasie in the County of Northampton an 33. H. 8. cap. 38. Of Fronselwood in the County of Somerset Coke li. 2. Cromwels case fo 71. b. I hear also of the forest of Exmore in Devonshire There may be more which he that listeth may look for Forester forestarius is a sworn officer of the forest appointed by the Kings letters patents 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 fo 201. And though these letters parents bee ordinatily granted but quam diu bene se gesserint yet some have this grant to them and their heirs and thereby are called Foresters or fosters in fee Idem fol. 157. 159. and Manwood parte 1. pag. 220. whom in Latine Crompton calleth Foresta rium feudi fo 175. Fore-judger forisjudicatio signifieth in the Common law a Judgement whereby a man is deprived or put by the thing in question It seemeth to be compounded of fo rs i. praeter and juger i. â—udicare Bracton lib. 4. tract 3. cap. 5. hath these words Et non permittas quòd A. capitalis dominus feudi illius habeat custodiam haeredis c. quia in Curia nostra forisjudicatur de custodia c. So doth Kitchin use it fol. 29. and Old nat brev fol. 44 and 81. and the Stat. An. 5. E. 3. c. 9. an 21 R. 2. c. 12. Forjudicatus with Authors of other nations signifieth as much as Banished or as Deportatus in the antient Roman law as appeareth by Vincentius de Franchis descis 102. Mathaeus de Afflictis l. 3 feud Rub. 31. p. 625. Foregoers be Purveyors going before the King or Queen being in progresse to provide for them anno 36. Ed. 3. c. 5. Forfeiture forisfactura commeth of the French word Forfaict i. scelus but signifieth in our language rather the effect of transgressing a penall Law than the transgression it self as forfeiture of Eschears anno 25 E. 3. ca. 2. statut de Proditionibus Goods confiscate and goods forfeited differ Staw pl. Co. f. 186. where those seem to be forfeited that have a known owner having committed any thing whereby he hath lost his goods and those confiscate that are disavowed by an offendor as not his own nor claimed by any other I think rather that forfeitute is more general and confiscation particular to such as forfeit onely to the Princes Exchequer Read the whole chapter li. 3. ca 24. Full forfeiture plena forisfactura otherwise called plena vita is forfeiture of life and member and all else that a man hath Manwood parte 1. p. 341. The Canon Lawyers use also this word For forisfactura sunt pecuniariae pocnae delinquentium Glos in c. Presbyteri extrade poenis Forfeiture of mariage forisfactura maritagii is a writ lying against him who holding by Knights service and being under age and unmarried refuses her whom the Lord offereth him without his disparagement and marrieth another Fitz. nat br fo 141. H. I. K. L. Register original fol. 163. b. Forseng quietantiam prioris prisae designat in hoc enim delinquunt Furgenses Londonenses cum prisas suas ante prisas regis faciunt Fleta lib. 1. ca. 47. Forgery see here next following Forger of false deeds Forger of false deeds cometh of the French Forger i. accudere fabricare conflare to beat on an anvile to fashion to bring into shape and signifieth in our Common law either him that frandulently maketh and publisheth false writings to the prejudice of any mans right or else the writ that lieth against him that committeth this offence Fitz. nat br fo 96. b c calleth it a writ of Deceit See Terms of Law verbo Forger and Wests Symb. parte 2. Indictments Sectio 66. See the new book of Entries verbo Forger de faits This is a branch of that which the Civilians call Cremen falsi Nam falsarius est qui decipiendi causa scâ—ipta publica falsificat Speculator de crimine falsi Falsicrimen propriè dicitur quod utilitatis privatae causa factum est Connanus li. 5. ca. 7. nu 4. Ad esse falsitatis tria requir untur mutatio veritatis dolus quod alteri sit nocivum Quorum si alterum desit falsitas non est pu ibilis Hostiensis et Azo in suis summis Forister See Forester Formdon Breve formatum donationis is a writ that lyeth for him that hath right to any ands or tenements by vertue of any entail growing from the Statute of Westm 2. cap. 1. It lyeth in three sorts and accordingly is caled forma donations or formdon in the descender formdon in the reverter or formdon in the remainder Formdon in the descender lyeth for the recovery of lands c. given to the 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 Donour in franck mariage and afterward alienated by the Donee For after his decease his heire shall have this writ against the renent or alienee Fitz. nat br fol. 211. He maketh three sorts or this formdon in the descender The first is in the manner now expressed The second is for the heir of a Coparcener that alienateth and dyeth fo 214. the third is called by him In simul tenuit fol. 216. which lieth for a Coparcener or heir in Gavelkind before partition against him to whom the other Goparcener or heir hath alienated and is dead Formdon in the Reverter lyeth for the Donour or his heirs where land entailed to certain and there issue with condition for want of such issue to revert to the Donour and his heirs against him to whom the Donee alienateth after the issue extinct to which it was entailed Fitz. nat br fol. 219. Formedon in the remainder lyeth where a man giveth lands in tail the remainder to another in tayl and afterward the former tenent in tail dyeth without issue of his body and a stranger abateth then he in the remainder shall have this writ Fitz. nat br f. 217. See the Register original fol. 238 242 243. Of this see the new book of Entries verb. Formdon Forsechoke seems to signifie originally as much as forsaken in our modern language or derelictum with the Romans It is especially used in one of our Statutes for land or tenements seised by the Lord for want of services due from the tenent and so quietly held and possessed beyond the year and day As if wee should say that the tenent which seeing his land or tenements taken into the Lords hand and possessed so long taketh not the course appointed by law to recover them doth in due presumption of Law
his right hand upon a book and shall say thus Hear you my Lord R. that I. P. shall be to you both faithful and true and shall owe my fealty to you for the Land that I hold of you at the Terms assigned So help me God and all his Saints When a Villain shall do fealty unto his Lord he shall hold his right hand over the book and shall say thus Hear you my Lord A. that I. B. from this day forth unto you shall be true and faithful and shall owe you fealty for the Land that I hold of you in Vilienage and shall be justified by you in body and goods So help me God and all his Saints See the Regist. orig fol. 302. a. Fee Feodum aliàs Feudum cometh of the French fief i. praedium beneficiarum vel res cliextelaris and is used in our Common law for all those lands which we hold by perpetual right as Hotoman well noteth verb. Feodum de verbis feudalibus Our ancient Lawyers either not observing whence the word grew or at least not sufficiently expressing their knowledge what it signified among them from whom they took it Feudum whence the word Fief or Fee cometh signifieth in the German language beneficium cujus nomine opera quaedam gratiae testificandae causa debentur Hot. disput cap. 1. And by this name go all Lands and Tenements that are held by any acknowledgement of any superiority to a higher Lord. They that write of this subject do divide all Lands and Tenements wherein a man hath a perpetual estate to him and his Heirs c. into Allodium Feudum Allodium is defined to be every mans own land c. which he possesseth meerly in his own right without acknowledgement of any service or payment of any rent unto any other and this is a property in the highest degree and of some it is called Allaudium ab à privativa particula laudum vel laudatio ut sit praedium cujus nullus author est nifi deus Est enim laudare vel Novio teste nominare Quod Budaeus docuit ad Modestinum 1. Herennius 63. π. de haere institut Prataeus verbo Allaudium Hotoman in verb. feud Feudum is that which we hold by the benefit of another and in the name whereof we owe service or pay rent or both to a superior Lord. And all our land here in England the Crown-land which is in the Kings own hands in the right of his Crown excepted is in the nature of Feudum or Fee for though many a man hath land by descent from the Ancestors and many another hath dearly bought land for his money yet is the land of such nature that it cannot come to any either by descent or purchase but with the burthen that was laid upon him who had novel Fee or first of all received it as a benefit from his Lord to him and to all such to whom it might descend or any way be conveyed from him So that if we will reckon with our Host as the proverb is there is no man here that hath directum dominium i. the very property or demain in any Land but the Prince in the right of his Crown Cambd. Britan. pag. 93. for though he that hath Fee hath jus perpetuum utile domixium yet he oweth a duty for it and therefore is it not simply his own Which thing I take those words that we use for the expressing of our deepest rights in any Lands or Tenements to import for he that can say most for his estate saith thus I am seised of this or that land or tenement in my demain as of Fee Seisitus inde in dominico meo ut de feudo and that is as much as if he said it is my demain or proper land after a sort because it is to me and mine Heirs for ever yet not simply mine because I hold it in the nature of a benefit from another yet the statut an 37 H. 8. c. 16. useth these words of lands invested in the Crown but it proceedeth from the ignorance of the nature of this word Fee for see cannot be without fealty sworn to a superiour as you may read partly in the word Fealtie but more at large in those that write de feudis and namely Hotoman both in his Commentaries and Disputations And no man may grant that our King or Crown oweth fealty to any superior but God onely Yet it may be said that land c. with us is termed fee in two respects one as it belongeth to us and our Heirs for ever and so may the Crown-lands be called Fee the other as it holdeth of another which is and must be far from our Crown Britton c. 32. defineth fee to this effect Fee is a right consisting in the person of the true Heir or of some other that by just title hath purchased it Fletz saith that Feudum est quod quis tenet ex quacunque causa sibi haeredibus suis sive sit tenementum sive reditus qui non proveniunt ex camera alio modo dicitur feudum sicut ejus qui feoff at quod quis tenet ab alio sicut dicitur talis tenet de tali tot seuda per servitium militare lib. 5. cap. 5. § Feudum autem And all that write de feudis do hold that Feudataerius hath not an entire property in his fee Nay it is held by right learned men that these Fees were at the first invention or creation of them either all or some of them temporary and not perpetual and hereditary Jacobutius de Franchis in praeludio feud cap. 2. num 133. The divisions of fee in divers respects are many and those though little known to us in England yet better worthy to be known than we commonly think But for our present purpose it is sufficient to divide Fee into two sorts Fee-absolute otherwise called Fee-simple and Fee-conditional other-wise termed Fee-tail Fee simple Feudum simplex is that whereof we are seiled in these general words To us and our Heirs for ever Fee-tail Feudum taliatum is that whereof we are seised to us and our Heirs with limitation that is the Heirs of our body c. And Fee-tail is either general or special General is where land is given to a man and the Heirs of his body The reason whereof is given by Litleton cap. 2. lib. 1. because a man seised of land by such a gift if he marry one or more wives and have no issue by them and at length marry another by whom he hath issue this issue shall inherit the land fee-Fee-tail special is that where a man and his wife be seised of lands to them and the Heirs of their two bodies The reason is likewise given by Litleton in the same place because in this case the Wife dying without issue and he marrying another by whom he hath issue this issue cannot inherit the land being specially given to
abate rents or prices of victuals anno pri Mar. 12. anno 1 Eliz. cap. 17. See West parte 2. symb titulo Inditem Sect. 65. And Cromptons Justice of peace fol. 41. b. Rebutter commeth of the French Bouter i. pellere impellert propellere intrudere and signifyeth in our Common law the same thing For example a man giveth land to him and the issue of his body to another in fee with warranty And the Donee leaseth out his Land to a third for years The heir of the Donour impleadeth the Tenant alleging that the Land was in tayl to him The Donee commeth in and by vertue of the warranty made by the Donor repelleth the Heir because though the land were intailed to him yet he is beiâ— to the warrantee likewise and this is called a Rehutter See Brook titulo barre num 23. And again if I grant to my Tenent to hold sine impetitione vasti and afterward I implead him for waste made he may debar me of this action by shewing my grant And this is likewise a Rebutter idem eodem num 25. See the new book of Entries verbo Rebutter Renant an 32 H. 8. ca. 2. Recaption recaptio signifieth a second distresse of one formerly distreined for the self same cause and also during the plea grounded upon the former distresse It likewise signifieth a writ lying for the party thus distreâ—ned the form and further use whereof you may see in Fitz. nat br fol. 71. and the Regist. orig fo 86. and the Register Judicial fo 69. and the new book of Entries verb. Recaption Receyver receptor or receptator generally and indefinitely used is as with the Civilians so also with us used commonly in the evil part for â—uch as receive stollen goods from theeves and conceal them li. 1. Ï€ de receptatoribus But annexed to other words as the receiver of rents c. it signifieth many times an officer of great account belonging to the King or other great personage Cromptons Jurisdict fol. 18. There is also an officer called the Receiver of Fines who receiveth the mony of all such as compound with the King in the office of the Finances for the buying of any lands or tenements holden in Capite West parte 2. symb titulo Fines sect 106. Receiver of all offices accountable an 1 Ed. 4. cap. 1. Receiver general of the Dutchy of Lancaster is an office belonging to the Dutchy Court that gathereth in all the revenues and fines of the lands of the said Dutchy and of all forfeitures and assessements or what else is thence to be received Receiver general of the Court of Wardt and liveries is an officer belonging to that Court that is to receive all rents revenues fines of the lands belonging to his Majesties Wards as also the fines for licences to the Kings widows to mary of custer le maine sued out and for ideots and lunaticks land and finally all other profits whatsoever in mony arising to his Majesty out of or by reason of the Court of Wards and liveries Receiver general of the Muster Rolls anno 35 Eliz. ca. 4. Receiver general of the Dutchy of Lancaster of the Wards and liveries anno 39 Elizab. cap. 7. Receyt See Resceit Recluse Reclusus is he that by reason of his order in religion may not stir out of his house or cloyster Littleton fol. 92. Recognisance Recoguitio commeth of the French Recogneisance i. agnitio recognitio and in our Common law is thus defined A Recognisance is a bond of Record testifyng the recognizour to owe unto the recognizee a certain sum of mony and is knowledged in some court of Record or before some Iudge or other officer of such Court having authority to take the same as the Masters of the Chancery the Judges of either Bench Barons of the Exchequer Justices of peace c. And those that be meer Recognisances are not sealed but inrolled And execution by force thereof is of all the recognisors goods and chatells except the draught beasts and implements of husbandry and of the moyety of his Lands West parte pri symb li. 2. titulo Recognisances sect 149. And of these you may see there great diversity of Presidents Note farther that a Recognisance though in the special signification it do but acknowledge a certain debt and is executed upon all the goods and half the lands of the recognisour yet by extention it is drawn also to the Bonds commonly called Statute Merchant and Statute of the Staple as appeareth by the Register orginal fol. 146 151 252. and by West ubi supra and others See Statute Merchant and Statute Staple Recognisance hath yet another signification as appeareth by these words in the Statute West 1. cap. 36. anno 3 Ed. 1. It is provided also and agreed that if any man be attainted of disseisin done in the time of our King that now is with robbery of any manner of goods or moveables by recognisance of Assise of novel disseisin the judgement shall c. In which place it is used for the verdict of the twelve men impaneled upon an Assise which twelve are also called recognitors of the Assise Littleion fol. 72. So also Bracton called them lib. 5. tractat 2. cap. 9. nu 2. in these words In essonio verâ— reddendo exigentur omnes illi quos causa tetigerit sicut particeâ—â— Warrantus alii ut supra Recognitores in assisis Juratores in Juratis Inquisitores inquisitionibus c. And again lib. 3 tract 1. cap. 11. num 16. See the Statute anno 20 Ed. prim stat 4. See the new book of Entries ver Recognisance Recognitione adnullanda per vim duritiem facta is a writ to the Iustices of the Common Bench for the sending of a Record touching a recognisance which the recognisour suggesteth to be acknowledged by force and hard dealing that if it so appear it may be disannulled Register original folio 183. a. b. Recognitors recognitores is a word used for the Iury empaneled upon an assise The reason why they be so called may be because they acknowledge a disseisin by their verdict See Bracton lib. 5. tract 2. cap. 9. nu 2. lib. 3. tract prim cap. 11. num 16. Record recordum commeth of the Latine recordari The word is both French and English and in both tongues signifieth an authentical or uncontroulable testimony in writing Briton cap. 27. and Lamb. Eirenarch lib. 1. cap. 13. In the grand Custumary of Normandy there are several Chapters of divers Records expressing whose presence in each of the Courts is sufficient to make that which is enacted to be a record viz. the 102. Chapter where you have words to this effect The record of the Kings Court is a record of things done before the King All things done before the King so he have one other witness This record may he and other make if he himself will not make it it may be made by three others And his person may not
46. B. or other courts of record idem fol. 71. C. 119. K. Howbeit if you will learn more exactly where and in what cases this writ lyeth read Brook in his Abridgement titulo Recordare et pone It seemeth to be called a recordare because the form is such that it commandeth the Shyreeve 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 the original Writs See Certiorari See Accedas ad Curiam Recorder recordator commeth of the French recordeur i. talis persona quae in Ducis curia à judicio faciendo non debet amoveri Grand Custumary of Norm cap. 107. 121. Whereby it appeareth that those which were necessary ludges to the Duke of Normandies courts were called Recorders and who they were is shewed in the ninth chapter of the said book And that they or the greater part of them had power to make a record it is evident in the chapter 107. Here in England a Recorder is he whom the Maior or other Magistrate of any City or Town corporate having jurisdiction or a Court of record within their precincts by the Kings grant doth associate unto him for his better direction in matters of Iustice and proceedings according unto law And he is for the most part a man well seen in the common law Recordo et processu mittendis is a writ to call a Record to gether with the whole proceeding in the cause out of one court into the Kings court Which see in the Table of the Register original how diversly it is used Recorde Utlagariae mittendo is a writ Iudicial which see in the Register judicial fol. 32. Recovery Recuperatio comes of the French Reconvrer i. Recuperare It signifieth in our common law an obtaining of any thing by Iudgement or tryal of Law as evictio doth among the Civilians But you must understand that there is a true recovery and a figned A true recovery is an actual or real recovery of any thing or the value thereof by Iudgement as if a man sued for any land or other thing moveable or immoveable and have a verdict and Iudgement for him A feigned recovery is as the Civilians call it quaedam fictio juris a certain form or course set down by Law to be observed for the better assuring of Lands or tenements unto us And for the better understanding of this read West parte 2. symbol titulo Recoveries sect pri who saith that the end and effect of a recovery is to discontinue and destroy Estates tayls Remainders and Reversions and to bar the former owners thereof And in this formality there be required three parties viz. the Demandant the Tenent and the Vouchee The Demandant is he that bringeth the Writ of Entry and may be termed the Recoverer The Tenent is he against whom the writ is brought and may be termed the Recoveree The Vouchee is he whom the Tenent voucheth or calleth to warranty for the Land in demand West ubi supra In whom you may read more touching this matter But for example to explain this point a man that is desirous to cut off an Estate tayl in lands or tenements to the end to sell give or bequeath it as himself seeth good useth his friend to bring a writ upon him for this Land He appearing to the writ saith for himself that the Land in question came to him or his ancestors from such a man or his ancestor who in the conveyance thereof bound himself and his heirs to make good the title unto him or them to whom it was conveyed And so hers allowed by the court to call in this third man to say what he can for the justifying of his right to this land before he so conveyed it The third man commeth not whereupon the land is recovered by him that brought the writ and the Tenent of the land is left for his remedy to the third man that was called and came not in to defend the Tenent And by this means the entayl which was made by the Tenent or his Ancestor is cut off by judgement hereupon given for that he is pretended to have no power to entayl that land whereunto be had no just title as now it appeared because it is evicted or recovered from him This kind of recovery is by good opinion but a snare to deceive the people Doctor and Stud. cap. 32. diai pri fol. 56. a. This feigned recovery is also called a common recovery And the reason of that Epitheton is 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 the new book of Entries verbo Recovery I said before that a true recovery is as well of the value as of the thing for the better understanding whereof know that in value signifies as much as Illud quod interest with the Civilians For example if a man buy land of another with warranty which land a third person afterward by sute of Law recovereth against me I have my remedy against him that sold it me to recover in value that is to recover so much in mony as the land is worth or so much other land by way of exchange Fitzh nat brev fol. 134. K. To recover a warranty Old nat brev fol. 146. is to prove by judgement that a man was his warrant against all men for such a thing Recto is a writ called in English a writ of right which is a writ of so high a nature that whereas other writs in real actions be only to recover the possession of the land or tenements in question which have been lost by our ancestor or our selves this aimeth to recover both the seisin which some of our Ancestors or we had and also the property of the thing whereof our Ancestor died not seised as of fee and whereby are pleaded and tryed both their rights together viz. as well of possession as property In so much as if a man once lose his cause upon this writ either by judgement by assise or battell be is without all remedy and shall be excluded per exceptionem Rei judicatae Bracton lib. 5. tract 1. cap. 1. et seq where you may read your fill of this writ It is divided into two species Rectum patens a writ of right patent and Rectum clausum a writ of right close This the Civilians call Judicium petitorum The writ of right patent is so called because it is sent open and is in nature the highest writ of all other lying alwaies for him that hath fee simple in the lands or tenements sued for and not for any other And when it lyeth for him that challengeth fee simple or in what cases See Fitzh nat br fol. pri C. whom see also fol. 6. of a special writ of right in London otherwis◠called a writ of right according to
the custome of London This writ also is called Breve magnum de Recto Register original fol. 9. A. B. and Fleta lib. 5. cap. 32. sect 1. A writ of right close is a writ directed to a Lord of antient Demesn and lyeth for those which hold their lands and tenements by charter in fee simple or in fee tayl or for term of life or in dower if they be ejected out of such lands c. or disseised In this case a man or his heir may sue out this writ of right close directed to the Lord of the antient Demesn commanding him to do him right c. in this Court This is also called a small writ of right Breve parvum Register original fol. 9. a. b. and Briton cap. 120. in fine Of this see Fitzh likewise at large nat br fol. 11. et seq Yet note that the writ of right patent seemeth farther to be extended in use than the original invention served for a writ of Right of Dower which lyeth for the tenent in Dower and only for term of life is patent as appeareth by Fitzh nat brev fol. 7. E. The like may be said of divers others that do hereafter follow Of these see also the Table of the Original Register verbo Recto This writ is properly tryed in the Lords Court between kinsmen that claim by one title from their Ancestor But how it may be thence removed and brought either to the County or to the Kings Court see Fleta lib. 6. cap. 3 4 et 5. Glanvile seemeth to make every writ whereby a man sueth for any thing due unto him a writ of right lib. 10. cap. 1. lib. 11. cap. 1. lib. 12. c. 1. Recto de dote is a writ of Right of Dower which lyeth for a woman that hath received part of her Dower and purposeth to demand the Remanent in the same Town against the heir or his Guardian if he be ward Of this see more in the Old nat br fo 5. and Fitzh fol. 7. E. and the Register original folio 3. and the new book of Entriet verbo Droyt Recto de dote unde nihil habet is a writ of right which lyeth in case where the husband having divers Lands or Tenements hath 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 fol. 6. Regist origin fol. 170. Recto de rationabili parte is a writ that lyeth alway between privies of bloud as brothers in Gavel-kind or sisters or other Coparceners as Nephews or Neeces and for land in Fee simple For exampse if a man lease his Land for term of life and afterward dyeth leaving issue two Daughters and after that the tenent for term of life likewise dyeth the one sister entering upon all the land and so deforcing the other the sister so deforced shall have this writ to recover part Fitz. nat br fol. 9. Regist. orig fol. 3. Recto quando dominus remisit is a writ of right which lyeth in case where lands or tenements that be 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 Tenent shall send to the Court of the King his writ to put the cause thither for that time saving to him another time the right of his Seigneury then this writ issueth out for the other party and hath his name from the words therein comprised being the true occasion thereof This writ is close and must be returned before the Iustices of the common Banck Old nat br fol. 16. Regist original fol. 4. Recto de Advocatia Ecclesiae is a writ of right lying where a man hath right of Advowsen and the Parson of the Church dying a stranger presenteth his Clerk to the Church and he not having moved his action of Quare impedit nor darrein presentment within six months but suffered the stranger to usurp upon him And this writ he only may have that claimeth the Advowsen to himself and to his heirs in Fee And as it lyeth for the whole advowsen so it lyeth also for the half the third the fourth part Old nat br fol. 24. Register original fol. 29. Recto de custodia terra et haredis is a writ that lyeth or him whose Tenent holding of him in Chivalry dyeth in his nonage against a stranger that entreth upon the land and taketh the body of the heir The form and farther use whereof see in Fitz. nat br fol. 139. and the Register original fol. 161. Recto sur disclaimer is a writ that lyeth where the Lord in the Kings Court sc in the common plees doth avow upon his Tenent and the Tenent disclaimeth to hold of him upon the disclaimes 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 fol. 150. which is grounded upon the statute Westm 2. cap. 2. anno 13 Ed. pri which statute beginneth Quia domini feudorum c. Rector is both Latine and English signifying a Governour In the Common law rector ecclesiae parochialis is he that hath the charge or cure of a Parish church qui tantum jus in ecclesiae parochiali habet quantum praelatus in ecclesiae collegiatâ— cap. ult De Locat Conduct in glos verbo expelli potuissent In our common law I hear that it is lately over-ruled that rector ecclesiae parochialis is he that hath a personage where there is a vicaridge endowed and he that hath a personage without a vicaridge is called persona But this distinction seemeth to be new and subtile praeter rationem I am sure Bracton useth it otherwise lib. 4. tract 5. ca. pri 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 be confounded Mark also these words there following Item dici possunt rectores Canonici de ecclestis praebendatis Item dici possunt rectores vel quasi Abbates Prieres alii qui habent ecclesias ad proprios usus Rectus in curia is he that standeth at the bar and hath no man to object any offence against him Smith de repub Angl. li. 2. cap. 3. sec a. 6. R. 2. stat 1. cap 11. Reddendum is used many times substantively for the clause in a lease c. whereby the rent is reserved to the Leassour Coke lib. 2. Lord Cromwells case fol. 72. b. Redisseisin redisseisina is a disseisin made by him that once before was found and adjudged to have disseised the same man of his Lands or Tenements For the which there lyeth a special writ called a writ of redisseisin Old nat br fol. 106. Fitz. nat br fo 188. See the new book of Entries verb. Redisseisin Redisseisina is a writ lying for a redisseisin
judic fol. 13.51 There is another writ of this name and nature eodem fol. 54. Rejoynder rejunctio signifieth in our Common law as much as Duplicatio with the Civilians that is an exception to a replication For the first answer of the Defendant to the Plaintiffs Bill is called an exception the Plaintiffs answer to that is called a Replication and the Defendants to that Duplicacation in the Civil law and a Rejoynder with us especially in Chancery West parte 2. symbol titulo Chancery sect 56. where he citeth these words out of Spigelius Est autem rejunctio seu duplicatio vel allegatio quae datur reo ad infirmandum replicationem actoris et confirmandum exceptionem Rei Relation relatio idem quod fictio juris to make a nullity of a thing from the beginning for a certain intent which had essence Cook lib. 3. Butler and Baker fol. 28. b. which in plainer terms may be thus expounded Relation is a fiction of the Law whereby something is for a special purpose imagined never to have been which in truth was Read the rest Release relaxtio commeth of the French Relasche i. cessatio relâ—xatio laxamentum in our Common law is thus defined A release is an Instrument whereby estates rights titles entries actions and other things be sometime extinquish'd sometime transferred sometime abridged and sometime enlarged Westm parte prim symb lib. 2. sect 509. And there is a Release in fact and a Release in law Perkins Graunts 71. A release in fact seemeth to be that which the very words expresly declare A release in law is that which doth acquite by way of conseqnent or intendment of Law An example whereof you have in Perkins ubi supra Of these how they be available and how not see Littleton at large lib. 3. cap. 8. fol. 94. of divers sorts of these Releases see the new book of Entries verbo Release Release relevium commeth of the French relever i. relevare and sign fieth in our Common law a certain sum of mony that the Tenent holding by Knights service grand sergeanty or other tenure for the which homage or regal service is due or by socage for the which no homage is due and being at full age at the death of his Ancestor doth pay unto his Lord at his entrance Bracton lib. 2. cap. 36. giveth a reason why it is called a relief viz. quia baereditas quae jacens fuit per Antecessoris decessum relevatur in manus haeredum propter factam relevationem facienda erit ab haerede quaedam praestatio quae dicitur Relevinm Of this you may read Briton cap. 69. in a manner to the same effect Of this also speaks the Grand Cnstomary of Normandy cap. 34. to this effect It is to be known that the Lord of the fee ought to have relief of the Lands which he held of him by homage when those dye of whom he had homage And that this is not only proper to us in England or Normandy appeareth by Hotoman in his Commentaries de verbis feud verbo Relevium who there defineth it thus Relevium est honorarium quod novus vasallus patrono introitus causa largitur quasi morte vasalli alterius vel alio quo casu feudum ceciderit quod jam à novo sublevetur and farther speaketh of it that which is worth the reading and contains great knowledge of antiquity See the like definition in Marantae singularibus verbo Relevium For the quantity of this relief see the Great Charter cap. 2. in these words If any of our Earls or Barons or any other our tenents which hold of us in chief by Knights service dye and at the time of his death his heir is of full age and oweth to us relief he shall have inheritance by the old relief that is to say the heir or heirs of an Earl for one whole Earldome one hundred pound the heir or heirs of a Baron for one whole Barony one hundred marks the heir or heirs of a Knight for one whole Knights fee one hundred shillings at the most And he that hath lesse shall give lesse according to the old custome of the fees Read also Glanvile lib. 9. cap 4. fol. 68. who saith that in his daies the relief of a Barony was not certain The heir in franck socage when he commeth to his full age after the death of his Ancestor shall double the rent that he was wont to pay to the Lord and that shall be in place of relief Old nat br fol. 94. Somewhat more hereof you may read in anno 28 Ed. prim statut prim and Kitchin fo 145. ca. Relief and Glanvile lib. 7. cap. 9. The Feudists also write of this at large Among others Vincentius de Franchis descis 121. saith that Relevii solutio est quaedam extrinsâ—ca praestatio à consuetudiue introducta quae non inest fendo quodq solvitur pro confirmatione seu renovatione investiturae possessionis See Heriot This Leo the Emperor Novella 13. calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 By the antienter Civil law it is termed introitus l. penult sect Alumno Ï€. de legatis Skene de verb. signif saith that relief is a French word from the Latine relevare which is to relieve or take up that which is fallen For it is given by the tenent or vassal being of perfect age after the expiring of the wardship to his Lord of whom he holds his Land by Knight service that is by ward and relief and by payment thereof he relieves and as it were raiseth up again his lands after they were fallen down into his superiours hands by reason of wardship c. Remainder remanentia signifieth in our Common law a power or hope to enjoy lands tenements or rents after the estate of another expired For example a man may let land to one for term of his life and the remainder to another for term of his life Littleton cap. Atturnment fo 113. And this Remainder may be either for a certain term or in fee simpse or fee tayl as might be proved by many places in the law writers But in stead of the rest take Brook titulo Done Remainder fo 245. Glanvile lib. 7. cap. pri in fine hath these words Notandum quod nec Episcopus nec Abbas quia eorum Baroniae sunt de eleemozina Dom. Regis antecessornm ejus non possunt de Dominicis suis alâ—quam partem dare ad remanentiam sine assensu confirmatione Domini Regis Where it appears that Dare adremanentiam is to give away for ever To the same effect doth he use it cap. 9. ejusdem libri in these words speaking of the Lords of Manors during the minority of their wards Nihil tamen de haereditate de jure alienare possunt ad remanentiam In the like sort doth Bracton use it lib. 2. cap. 23. in fine and also lib. 4. tract 2. c. 4. nu 4. See the New book of Entries verbo Remainder
sayth in his explication of Saxon words verbo Coventus is Conventus whereupon it is to be noted as he saith in the same place that the Swainmote is a Court of Freeholders within the Forest Of the which you may read him at large pag. 110. c. usque 122. TA. TAbling of Fines is the making of a Table for every County where his Majesties writ runneth contaning the contents of every Fine that shall passe in any one Term as the name of the County Towns and places wherein the Lands or Tenements mentioned in any Fine do lye the name of the Plaintiff and Deforceant and of every manner named in the Fine This is to be done properly by the Chirographer of Fines of the Common plees who the first day of the next Term after the ingrossing of any such Fine shall fix every of the said Tables in some open place of the Court of the Common Plees and so every day of the said Term during the sitting of the said Court. And the said Chirographer shall deliver to the Sheriff of every County his Undersheriff or Deputy fair written in Parchment a perfect content of the Table so to be made for that Shire in the Term that shall be next before the Assises to be holden in the same County or else in the mean time between the Term and the said Assises to be set up the first day and every day of the next Assices in some open place of the Court where the Justices of Assises then shall sit to contiuue there so long as they shall sit in the said Court If either the Chirographer or Sheriff fail herein he forfeiteth five pounds And the Chirographers fee for every such Table is four pence anno 23 Elizab. cap. 3. This saith West parte 2 Symbol titulo Fines Sect. 130. Tail tallium commeth of the French Tail i. Sectura or the verb taillor i. scindere signifying in our Common law two several things both grounded upon one reason Plowden casu Willion fol. 251. a. b. First it is used for the fee which is opposite to fee simple by reason that it is so as it were minced or pared that it is not in his free power to be disposed of him which owneth it but it is by the first giver cut or divided from all other and tyed to the issue of the Donee Coke lib. 4. in prooemio And this limitation or tayl is either general or special Tail general is that whereby lands or tenements are limited to a man and to the heirs of his body begotten And the reason of this term is because how many soever women the tenent holding by his Title shall take to his wives one after another in lawfull matrimony his issue by them all have a possibility to inherit one after the other Tail special is that whereby Lands or tenements be limited unto a man and his Wife and the Heirs of their two bodies begotten because if the man bury his wife before issue and take another the issue by his second wife cannot inherit the Land c. Also if Land should be given to a man and his wife and to their Son and Heir Iohn for ever this is tail especial See more of this in fee And Liitleton lib. pri cap. 2. and the new book of Entries verbo Tail Tail in the other signification is that which we vul garly call a Tallie For it is une taille de bois a cloven peice of wood to nick up an account upon for in the Statute anno 10. Ed. pri cap. 11. and anno 27. ejusdem stat pri cap. 2. it is termed a Tail and anno 38 Edw. 3. cap. 5. And so in Broke his Abridgement titulo Taild ' Exchequer fol. 247. See Tails Tailes talliae are in these dayes called Talleyes well known what they be Of these read in our statutes two sorts to have been usuall in the Exchequer for a long continuance The one is termed tayles of debt anno 1 Rich. 2. cap. 5. which are a kind of acquittance for debt paid in to the King For example the University of Cambridge payeth yeerly ten pounds for such things as are by their Charter granted them in see ferm five pounds at the Annunciation and five at Michaelmas Hee that payeth the first five pounds receiveth for his discharge a tail or talley and he that payeth the other five receiveth the like With both which or notes of them he repaireth to the Clerk of the Pipes office and there in stead of them receiveth an acquittance in parchment for his whole discharge Then be there also mentioned Tayles of reward anno 27 H. 8. cap. 11. anno 33. et 34. ejusdem cap. 16. and anno 2 et 3 Ed. 6. ca. 4. And these seem to be tailes or talies of allowances or recompence made to Sheriffs for such matters as to their charge they have performed in their office or for such monies as they by course have cast upon them in their accounts but could not levie them where they were due And these as it seemeth by the said statute anno 27 H. 8. cap. 11. were of old granted in the Exchequer unto them upon warrant made to the Treasurer and Chamberlains there by the Clerks of the Signet upon Bill assigned by the King But sithence the statute anno 2 et 3 Edw. 6. cap. 4. What the course in this case is I am not so well informed Only I hear that for some Counties these tailes be still in use and that the warrant commeth now from the Auditour of the Receites unto those that make these talies And that the Sheriff with them proceedeth to those who take his finall account and there hath his allowance accordingly Taylage tallagium aliâs Tallage commeth of the French taille which originally signifieth a piece cut out of the whole and metaphorically is used for a share of a mans substance payed by way of tribute It signifieth with us a rolle or taxe as anno prim Ed. 2. cap. unico And Stowes Annals pag. 445. Thence cometh Tailaigiers in Chawcer for tax or tollegatherers Taint Attinctus commeth of the French teinct i. infectus tinctus and signifieth either Substantively a conviction or Adjectively a person convicted of felonie or treason c. See Attaint Tales is a Latin word of known signification It is used in our Common law for a supply of men empaneled upon a Jury or Enquest and not appearing or at their apparence challenged by the party or either party if there be two as not indifferent for in this case the Iudge upon petition granteth a supply to be made by the Sheriff o◠some men there present equal in reputation to those that were empanelled And hereupon the very act of supplying is called a Tales de Circumstantibus This supply may be one or more and of as many as shall either make default or else be challenged by each partie Stawnford pl. cor lib. 3. cap. 5. Howbeit he that hath had
Jurisd fol. 105. Controller of Calis anno 21 Rich. 2. cap. 18. Controller of the Mint anno 2 H. 6. cap. 12. Controller of the Hamper Contrarotulator Hamperii which is an officer in the Chancerie attending on the Lord Chancellor or Keeper daily in the Term time and dayes appointed for sealing His office is to take all things sealed from the Clerk of the Hanaper inclosed in bags of Lether as is mentioned in the laid Clerks office and opening the bags to note the just number and especial effect of all things so received and to enter the same into a special book with all the duties appertaining to his Majestie and other officers for the same and so chargeth the Clerk of the Hanaper with the same Controller of the Pipe contrarotulator Pipae who is an officer of the Exchequer that writeth out summons twice every year to the Sheriffs to levie the ferms and debts of the Pipe and also keepeth a contrarolment of the Pipe Controller of the Pell is also an officer of the Exchequer of which sort there be two vtz the two Chamberlains Clerks that do or should keep a controlment of the Pell of receipts and goings out And in one word this officer was originally one that took notes of any other officers accounts or receipts to the intent to discover him if he dealt amisse and was ordained for the Princes better security howsoever the name sithence may be in somethings otherwise applyed To the proof whereof you may take these few words out of Fleta lib. 1. cap. 18. in prim Qui cùm fuerint ad hoc vocati Electi speaking of the Coroners attachiari praecipiant appella qui capitula coronae in comitatu praesentent contra quos vicecomes loci habeat contrarotulum tam de appellis inquisitionibus quà m aliis officium illudtangentibus c. Which contrarollum is nothing else but a parallel of the same quality and contents with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or original This also appeareth by anno 12 Ed. 3. cap. 3. And this signification it seemeth to have also in France For there the King hath his Receivers of Tailes in every Province Controllers qui ad majorem fidem susceptoribus accedunt describuâ—tque in tabulis quae colliguntur Gregorii syntag lib. 3. cap. 6. num 6. Conventione is a Writ that lyeth for the breach of any covenant in writing Register orig fol. 185. Old nat br fol. 101. Fitzh calleth a Writ of Covenant nat br fol. 145. who divideth covenants into personal and real making a sufficient discourse of them both as also how this Wtit lyeth for both Convict convictus is he that is found guilty of an offence by the verdict of the Jurie Stawnf pl. cor fol. 186. Jet Master Crompton out of Judge Dyers Commentaries 275 saith that conviction is either when a man is out-lawed oâ— appeareth and confesseth or else is found guilty by the Inquest Crompt Just of Peace fol. 9. a. Conviction and attainder are often confound ed lib. 4. fol. 46. a. b. See Attaint Coparceners participes be otherwise called Parceners and in Common Law are such as have equal portion in the Inheritance of their Ancestour and as Litleton in the beginning of his third Book saith Parceners be either bâ— Law or by custome Parceners by Law are the issue Female which no heir Male being come in equality to the Lands of their Ancestours Bract. lib. 2. cap. 30. Parceners by custom are those that by Custome of the Countrey challenge equal part in such Lands as in Kent by the Custome called Gavel Kind This is called Adaequatio among the Feudists Hot. in verbis feuda verbo Adaequatio And among the Civilians it is termed familiae erciscundae judicium quod inter cohaeredes ideo redditur ut haereditas dividatur quod alterum alteri dare facere oportâ—bit praestetur Hotoman Of these two you may see Litleton at large in the first and second Chapters of his third Book and Britton cap. 27. intituled De heritage divisable The Crown of England is not subject to Coparcinory anno 25 H. 8. cap. 22. Copie copia cometh from the French copia i. le double de quelque escripture latinè descriptio graecè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and signifieth in our common language the example of an original writing as the copie of a Charter the copie of a Court-roll Copia libelli deliberanda is a Writ that lyeth in case where a man cannot get the copie of a Libel at the hands of the Judge Ecclesiastical Reg. orig fol. 51. Copie-hold tenura per copiam rotuli curiae is a tenure for the which the Tenent hath nothing to shew but the copie of the Rolls made by the Steward of his Lords Court For the Steward as he inrolleth and maketh remembrances of all other things done in the Lords Court so he doth also of such Tenents as be admitted in the Court to any parcel of Land or Tenement belonging to the Mannor and the transcript of this is called the Court-roll the copie whereof the Tenent taketh from him and keepeth as his only Evidence Coke lib. 4. fol. 25. b. This Tenure is called a Base-tenure because it holdeth at the will of the Lord. Kitchin fol. 80. cap. Copy-holds Fitzh nat br fol. 12. B. C. who there saith that it was wont to be called Tenure in villenage and that this Copie-hold is but a new name Yet it is not simply at the will of the Lord but according to the custome of the Manor So that if a Cople-holder break not the custome of the Manor and thereby forfeit his Tenure he seemeth not so much to stand at the Lords courtesie for his right that he may be displaced hand over head at his pleasure These customes of Manor be infinite varying in one point or other almost in every several Manor First some Copy-hold is fineable and some certain that which is fineable the Lord rateth at what fine or income he pleaseth when the Tenent is admitted unto it that which is certain is a kind of inheritance and called in many places Custumarie because the Tenent dying and the hold being void the next of the blood paying the custumarie fine as two shillings for an Acre or such like may not be denyed his admission Secondly some Copy-holders have by custome the wood growing upon their own land which by Law they could not have Kitchin ubi supra Thirdly Copy-holders some be such as hold by the verge in ancient Demesn and although they hold by Copy yet are they in account a kind of Free-holder For if such a one commit Felonie the King hath annum diem vastum as in case of Freehold Some other hold by common Tenure called meer Copy-hold and they committing Felony their land escheateth to the Lord of the Manor forthwith Kitchin fol. 81. chap. Tenents per verge in ancient Demesn What ancient Demesn is see in the right place See Tenent by Copie
of Court-roll This is the land that in the Saxons time was called Folk-land Lamberd explicat of Saxon words verbo Terra ex scripto West part prim symb l. 2. Sect. 646. defineth a Copy-holder thus Tenent by copie of Court-roll is he which is admitted Tenent of any lands or tenements within a Manor that time out of memory of man by use and custome of the said Manor have been demisable and demised to such as will take the same in Fee in fee-Fee-tail for life years or at will according to the custome of the said Manor by copy of Court-roll of the same Manor where you may read more of these things Coraage coraagium is a kind of imposition extraordinary and growing upon some unusual occasion and it seemeth to be of certain measures of corn For corus tritici is a certain measure of corn Bracton libro 2. cap. 116. nu 6. who in the same Chapter num 8. hath of this matter these words Sunt etiam quaedam communes praestationes quae servitia non dicuntur nec de consuetisdine veniunt nisi cum necessitas intervenerit vel cùm rex venerit sicut sunt hidagia coraagia carvagia alia plura de necessitate ex consensu communi totius regni introducta quae ad dominum feudi non pertinent de quibus nullus tenetur tenentem suum acquietare nisi se ad hoc specialiter obligaverit in charta sua c. Cordiner cometh of the French Cordovannier i. sutor calcearius a Shoo-maker and is so used in divers Statutes as anno 3 H. 8. cap. 10. anno 5 ejusdem cap. 7. and others Cornage cornagium cometh of the French cor i. cornu and in our Common law signifieth a kind of grand seargancy the service of which tenure is to blow a horn when any invasion of the Northern enemy is perceived And by this many men hold their land Northward about the wall commonly called the Picts-wall Cambden Britan. pag. 609. hence cometh the word cornuare to blow a horn pupil oculi parte 5. cap. 22. in charta de Foresta This service seemeth to have proceeded from the Romans For I find cornicularios mentioned in the Civil law viz. lib. 1. Cod. de officio diverso Jud. 48. lege 3. lib. 12. tit de apparitoribus praefectorum praetorio 53. lege 1. 3. where Lucas de Penna defineth them eos qui cornu faciunt excubias militares And Brissonius lib. 3. de verbo significat faith thus of them hi militum quoddam genus fuere quicorniculo merebant unde nomen habent Where it appeareth by him out of Suetonius Plinie and Livie that the horn was an honour and reward given for service in war Corner-tile See Gutter-tile Corody corodium cometh of the Latine verb corrodo and signifieth in our Common Law a summe of money or allowance of meat and drink due to the King from an Abbey or other house of Religion whereof he is the founder toward the reasonable sustenance of such a one of his servants being put to his pensior as he thinketh good to bestow it on And the difference between a corrodie and a pension seemeth to be that a Corrody is allowed toward the main enauce of any the Kings servants that liveth in the Abbey a pension is given to one of the Kings Chaplains for his better maintenance in the Kings service until he may be provided of a benefice Of both these read Fitzh nat br fol. 230 231 233. who there setteth down all the Corrodies and pensions certain that any Abbey when they stood was bound to perform unto the King There is mention also of a Corrody in Stawn praerogative 44. And this seemeth to be an ancient law For in Westm 2. cap. 25. it is ordained that an Assise shall lie for a Corrody It is also apparent by the Statute anno 34. 35 H. 8. c. 16. that Corrodies belonged some time to Bishops from Monasteries and by the new Terms of law that a Corrody may be due to a common person by graunt from one to another or of common right to him that is founder of a Religious house not holden in frank almoyn For that Tenure was a discharge of all Corrodies in it self By which book it appeareth also that a Corrody is either certain or uncertain and that it may be for life years in Tail or in Fee Corodio habendo it is a Writ whereby to exact a Corrody of any Abbey or Religious house See Corodie see the Regist. orig fol. 264. Coronatore eligendo is a Writ which after the death or discharge of any Coroner is directed to the Shyreeve out of the Chancery to call together the Free-holders of the County for the choice of a new Coroner to certifie into the Chancerie both the election and the name of the party elected and to give him his oath See Westm 1. cap. 10. and Fitzh nat br fol. 163. and the Register orig fol. 177. Coroner coronator is an ancient Officer of this land so called because he dealeth wholly for the King and Crown There be four of them commonly in every County and they are chosen by the Free-holders of the same upon Writ and not made by Letters Patents Crompt Jurisd fol. 126. This Officer though now he be some inferiour Gentleman that hath some smattering in the Law yet if we look to the statute of Westm 1. cap. 10. we shall finde that he was wont and ought to be a sufficient man that is the most wise and discreet Knight that best will and may attend upon such an office Yea there is a Writ in the Register Nisi sit miles fol. 177. b. whereby it appeareth that it was sufficient cause to remove a Coroner chosen if he were not a Knight and had not a hundred shillings rent of Free-hold And the Lord Chief Justice of the Kings Bench is the Soveraign Coroner of the whole Realm in person i. wheresoever he remaineth libro assissarum fol. 49.5 coron Coke lib. 4. casu de Wardens c. of the Sadlers fol. 57. b. His office especially concerneth the Plees of the Crown But if you will read at large what anciently belonged unto him read Bract. lib. 3. tract 2. cap. 5. de officio coronatorum circa homicidium and cap. 6. de of sicio coronatoris in thesauris inventis and cap. 6. de officio coronatorum in raptu virginum and cap. 8. de officio coronatorum de pace plagis And Britton in his first Chapter where he handleth it at large Fleta also in his first book cap. 18. and Aâ—drew Horns mirrour of Justices lib. 1. cap. del office del coroners But more aptly for the present times Stawnf pl. cor lib. 1. cap. 51. Note there be certain Coroners special within divers liberties as well as these ordinary officers in every Countie as the Coroner of the Verge which is a certain compasse about the Kings Court whom Crompton in his Jurisd
and the like The causes wherewith they deal and whereof they judge are of all sorts as Maritine Ultra Marine Ecclesiastical Temporal But properly Temporal causes and onely of the other sort as they are mixt with Temporal The manner of proceeding in the said Court is first by Privy Seal Letters Missive or Injunction or Messenger or Bond. Secondly By Attachement Thirdly by Proclamation of Rebellion Fourthly by Commission of Rebellion Fifthly by Sergeant at Arms. The effect of the Defendants apparence is that he attend De die in diem on the Councel till he have mad his answer to the Plaintiffs Bill and be licensed to depart upon caution De judicio sisti judicato solvendo and Constitution of his Atturney and Councel by name The authority of this Court is such as upon cause to graunt injunctions for barring the Defendant from suing the Plaintiff at the Common law and to stay the sute at the Common law before commencement and not to arrest the body of the Plaintiff till further order be taken by the Kings Councel and the execution of a Decree in this Court may be done either by imprisonment of the person disobeying being party or claiming under the party or by levy of the summe adjudged upon his Lands Courtesie of England lex Angliae cometh of the French Courtesie i. benignitas humanitas but with us hath a proper signification being used for a Tenure For if a man marry an Inheritrice that is a woman seised of land in fee-simple or fee-fee-tail general or seised as heir of the tail special and getteth a child of her that cometh alive into the world though both it and his wife die forthwith yet if she were in possession shall he keep the land during his life and is called Tenent per Legem Angliae or by the courtesie of England Glanvil lib. 7. cap. 18. Bracton lib. 5. tractat 5. cap. 30. num 7 8 9. r itto n. cap. 51. fol. 132. Fleta lib. 6. cap. 56. § lex quaedam Fitz. nat br fol. 149. D. Littleton lib. 1. cap. It is called the law of England West 3. cap. 3. This is in Scotland called curialitas Scotiae Skene de verbo sign verbo Curialitas who there saith that this is used in these two Realms onely and maketh a large discourse of the custome Coutheutlaughe is he that wittingly receiveth a man outlawed and cherisheth or hideth him In which case he was in antient times subject to the same punishment that the outlaw himself was Bracton lib. 3. tract 2. cap. 13. num 2. It is compounded of couthe i. known acquainted familiar and utlaughe an outlaw as we now call him Coutilage aliâs curtilage Curtilagium alias curtilegium signifieth a garden a yard or a field or piece of void ground lying neer and belonging to a mesuage West parte 2. Symbolaeo titulo Fines sect 26. And so it is used anno 4 Ed. 1. cap. unico anno 35 H 8. cap. 4. anno 39 Eliz. cap. 2. and Coke vol. 6. fol. 64. a. Of this also Lindwood thus writeth Curtilegium vulgare nomen est non ommum patriarum sed certarum Est enim curtis mansio vel manerium ad habitandum cum terris possessionâ—bus aliis emoâ—umentis adtale manerium pertinentibus prout satis colligitur in libro feudorum titulo De controversia investiturae § si quis de manso Col. 10. Unde curtilegium dicitur locus adjunctus tali curti ubi leguntur herbae vel olera â—â—â—c dictus à curtis lego legis pro colligere Thus farre Linwood titulo de decimis ca. Sancta § omnibus verbo Curtelegiorum So that in effect it is a Yard or a Garden adjoyning to a House CR Creansour creditor cometh of the French croyance i. persuasio and signifieth him that trusteth another with any debt be it in money or wares Old nat br fol. 67. Cranage cranagium is a liberty to use a Crane for the drawing up of wares from the Vessels at any creek of the Sea or wharf unto the Land and to make profit of it It signifieth also the money paid and taken for the same New Book of Entries fol. 3. col 3. Creek creca crecca vel crecum seemeth to be a part of a Haven where any thing is landed or disburthned out of the Sea So that when you are out of the Main Sea within the Haven look how many landing places you have so many Creeks may be said to belong to that Haven See Cromptons Jurisdictions fol. 110. a. This word is mentioned in the statute as anno 5 Eliz. c. 5. and divers others Creast-tile See Roof-tile Croft croftum is a little close or pitle joyned to a house that sometimes is used for a Hemp-ground sometime for Corn and sometime for Pasture as the owner listeth It seemeth to come of the old English word Creaft signifying handy-craft because such grounds are for the most part extraordinarily dressed and trimmed by the both labour and skill of the owner Croises cruce signati be used by Britton cap. 122. for such as are Pilgrims the reason may be for that they wear the sign of the Crosse upon their Garments Of these and their Privileges read Bracton lib. 5. parte 2. cap. 2. part 5. cap. 29. and the Grand Custumary of Normandy cap. 45. Under this word are also signified the Knights of the order of Saint John of Jerusalem created for the defence of Pilgrims Gregor Syntagm lib. 15. cap. 13. 14. CU Cuckingool tumbrella is an engine invented for the punishment of Scolds and unquiet women called in ancient time a tumbrel Lamb. Eirenarcha lib. 1. cap. 12. po 62. in meo Bracton writeth this word Tymborella Kitchin where he saith that every one having view of Frank-pledge ought to have a Pillorie and a Tumbrel seemeth by a Tumbrel to mean the same thing cap. Charge in Court leet fol. 13. a. Cuth other uncuth privatus vel extraneus These be old English words not yet worn out of knowledge for the which see Roger Hoveden parte poster suorum annalium fol. 345. a. Cudutlaghe See Couthutlaughe Cui ante divortium is a Writ that a Woman divorced from her Husband hath to recover lands or tenements from him to whom her husband did alienate them during the marriage because during the marriage she could not gainsay it Regist. orig fol. 233. Fitzh nat br fol. 204. Cuinage is a word used for the making up of Tinne into such fashion as it is commonly framed into for the carriage thereof into other places anno 11 H. 7. cap. 4. Cui in vita is a Writ of Entry that a Widow hath against him to whom her Husband aliened her Lands or Tenements in his life time which must contain in it that during his life time she could not withstand it Regist orig fol. 232. Fitzh nat br fol. 193. See the new Book of Entries verbo Cui in vita Cuntey cuntey is a kind of trial as
Nisi prius which came to his hand that term which received he bindeth into a bundle and bestoweth them The Custos breviam also maketh entry 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 levied The Fines after they be ingrossed the parts thereof are divided between the Custos brevium and the Chirographer whereof the Chirograper keepeth alwayes with him the Writ of Covenant and the note the Custos brevium keepeth the concord and the foot of the Fine upon the which foot the Chirographer do because the Proclamations to be endorsed when they be all proclaimed This Office is in the Princes gift Custos placitorum coronae Bracton l. 2. cap. 5. This seemeth to be all one with him whom we now call Custos rotulorum Of this Officer I find mention in the Writ odio acia Regist orig fol. 133. b. Custos rotulorum is he that hath the custodie of the Rolls or Records of the Sessions of Peace and as some think of the commission of the Peace it self Lamb. Eirenarch lib. 4. ca. 3. pag. 373. He is alwayes a Justice of Peace and Quorum in the County where he hath his Office Idem eodem and by his Office he is rather termed an Officer or Minister than a Judge because the Commission of the Peace layeth by expresse words this especial charge upon him quòd addies loca praedicta brevia praecepta praecessus indictamenta prodictacoram te dictis sociis tuis venire facias Idem eodem where read a competent tract of other things belonging to this Office Custos of the spiritualities custos spiritualitatis vel spiritualium is he that exerciseth the Spiritual or Ecclesiastical Jurisdiction of any Dioces during the vacancie of the See the appointment of whom by the Canon Law appertaineth to the Dean and Chapter ca. ad abolendā Extra Ne sede vacante aliquid innovetur But with us in England to the Arch-bishop of the Province by Prescription Howbeit divers Deans and Chapters if M. Gwin say truly in the Preface to his Readings do challenge this by auncient Charters from the Kings of this Land Cutter of the tayls is an Officer in the Exchequer that provideth Wood for the Tayles and cutteth the sum paid upon them and then casteth the same into the Court to be written upon DA DAmmage cometh of the French dam or domage signifying generally any hurt or hinderance that a man taketh in his estate But in the Common law it particularly signifieth a part of that the Jurours be to enquire of passing for the Plaintiff or Demandant in a Civil action be it personal or real For after verdict given of the principal cause they are likewise asked their consciences touching costs which be the charges of sute called of the Civilians expensae litis and Dammages which conte in the hindrance that the Plaintiff or Demandant hath suffered by means of the wrong done to him by the Defendant or Tenant Dane-gilt Dane-gold or Dane-gelt Dane-geldum is compounded of Dane and gelt i. pecunia and was a Tribute layd upon our Ancestors of twelve pence for every hide of Land through the Realm by the Danes that once got the masterie of us in regard as they pretended of clearing the Seas of Pyrates which greatly annoyed our Land in those dayes Cambd. Britan. 83. with whom agree the laws of Edward set out by M. Lamberd cap. 11. Stow in his annals pag. 118. saith that this tribute came to 40000. pounds by the year and that it was released by Ed. the Confessor The Author of the new terms of Law saith that this tribute began in the time of King Etheldred who being sore distressed by the continual invasion of the Daue to procure his peace was compelled to charge his people with importable payments For first he gave them at five several payments 113000. pounds and afterward granted them 48000. pounds yeerly See Roger Hoveden parte poster suorum annalium in Henrico secundo fol. 344. a. Dareyn continuance See Continuance Darein is a corrupt word of the French dernier i. ultimus Darrein presentment ultimae prasentatio See Assise or Darreyn presentment Dates dactyli is the plumme or fruit of the tree in Latine called palma in English the Date-tree well known to most men by sight And he that will farther understand the nature or diversities of this fruit may repair to Gerards Herbal lib. 3. cap. 131. They be numbred among Spices and Drugs to be garbled 1 Jacob. 19. Day dies is sometime used in the Law for the day of appearance in Court either originally or upon assignation and sometime for the returns of Writs For example dayes in bank be dayes set down by Statute or order of the Court when Writs shall be returned or when the party shall appear upon the Writ served And of this you may read the Statutes anno 51 H. 3. cap. 1. 2. Marlb cap. 12. anno 52 H. 3. and the Statute de anno bissextili anno 21 H. 3. and lastly anno 32 H. 8. cap. 21. To be dismissed without day is to be finally discharged the Court Kitchin fol. 193. He had a day by the Roll Kitchin fol. 197. that is he had a day of appearance assigned him Day Yeer and waste See Dies and Year DE Deadly feud feuda is a profession of an unquenchable hatred until we be revenged even by the death of our enemy It is deduced from the German word Feed which as Hotoman saith in verbis feudalibus modo bellum modo capitales inimicitias significat This word is used anno 43 Eliz. cap. 13. Dead pledge mortuum vadium See Mori gage Dean decanus is an Ecclesiastical Magistrate so called of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because he hath power over ten Canons at the least Howbeit in England we use to call him a Dean that is next under the Bishop and chief of the Chapter ordinarily in a Cathedral Church and the rest of the Society or Corporation we call Capitulum he Chapter But this word how diversly it is used read Lindwood titulo de judic ca. pri verbo Decani rurales where Dean Rurals are said to be certain persons that have certain jurisdiction Ecclesiastical over other Ministers and Parishes neer adjoyning assigned unto them by the Bishop and Archdeacon being placed and displaced by them As there be two foundations of Cathedral Churches in England the old and the new the new be those which Henry the eighth upon suppression of Abbyes transformed from Abbot or Prior and Covent to Dean and Chapter so be there two means of creating these Deans For these of the old foundation are brought to their dignity much like Bishops the King first ending out his Congé d'eslire to the Chapter the Chapter then chusing the King yeelding his royal assent and the Bishop confirming him and giving his mandate to install him
writing against Marsin Luther in the behalf of the Church of Rome then accounted Domicilium fidei Catholicae Stows annals pag. 863. Deforsour deforciator cometh of the French Forceur i. expugnator It is used in our Common law for one that overcometh and casteth out by force and differeth from disseisour first in this because a man may disseise another without force which act is called simple disseisin Britton cap. 53. next because a man may deforce another that never was in possession as for example if more have right to lands as Common heirs and one entring keepeth out the rest the Law saith that he deforceth them though he do not disseise them Old nat br fol. 118. and Litleton in his Chapter Disconti nuance fol. 117. saith that he which is enfeoffed by the Tenant in Tail and put in possession by keeping out the Heir of him in reversion being dead doth deforce him though he did not disseise him because he entred when the Tenant in tail was living and the Heir had no present right And a Deforsor differeth from an intrudour because a man is made an Intrudour by a wrongful entry onely into Land or Tenement void of a possessour Bracton lib. 4. cap. pri and a Deforsour is also by holding out the right He iras is above said Deliverances See Repligiare Demand demanda vel demandum cometh of the French Demande i. postulatio postulatus and signifieth a calling upon a man for any thing due It hath likewise a proper significatioÌ„ with the Common Lawyers opposite to plaint For the pursute of all civil actions are either demands or plaints and the persuer is called Demandant or Plaintiff viz. Demandant in actions real and Plaintiff in personal And where the party perfuing is called Demandant there the party persued is called Tenant where Plaintiff there Defendant See Terms of Law verbo Demandant Demy haque See Haque and Haquebut Demain Dominicum is a French word otherwise written Domaine and signifieth Patrimonium Domini as Hotoman saith in verbis feudalibus verbo Dominicum where by divers authorities he proveth those Lands to be dominicum which a man holdeth originally of himself and those to be feodum which he holdeth by the benefit of a superiour Lord. And I find in the Civil Law Rem dominicam for that which is proper to the Emperor Cod. Ne rei dominicae vel templorum vindicatio temporis praescriptione submoveatur being the 38 title of the 7 book And Res dominici juris i. reipub in the same place And by the word Domanium or Demanium are properly signified the Kings Lands in France appertaining to him in property Quia Domanium definitur illud quod nominatim consecratum est unitum incorporatum Regiae coronae ut scripsit Chopinus de domanâ—o Franciae tit 2. per legem Si quando 3. Cod. de bon vacan lib. 10. Mathaeut de Afflictis in consti Siciliae lib. 1. tit De locatione Demanii 82. which may be called Bona incorporata in corpus fisci redacta Skene de verborum signif verb. Terrae Dominicales In like manner co we use it in England howbeit we here have no land the Crown-land onely excepted which holdeth not of a Superior For all dependeth either mediatly or immediately of the Crown that is of some honour or other belonging to the Crown and not graunted in fee to any inferiour person Wherefore no common person hath any Demaines simply understood For when a man in pleading would signifie his land to be his own he saith that he is or was seised therof in his demain as of Fee Litleton l. 1. c. 1. Whereby he signifieth that though his land be to him and his Heirs for ever yet it is not true Demain but depending upon a superior Lord and holding by service or rent in lieu of service or by both service and rent Yet I find these words used in the Kings right anno 37 H. 8. cap. 16. and 39 Eliz. cap. 22. But the application of this speech to the King and crown land is crept in by errour and ignorance of the word Fee or at least by understanding it otherwise than of the Feudists it is taken But Britton cap. 78. sheweth that this word demeyn is diversly taken sometime more largely as of Lands or Tenements held for life c. and sometime more strictly as for such onely as are generally held in see This word sometime is used for a distinction between those lands that the Lord of a Mannor hath in his own hands or in the hands of his Leassee dimised upon a rent for tearm of years or life and such other land appertaining to the said Mannor which belongeth to free or copy-holders Howbeit the copy-hold belonging to any Manor is also in the opinion of many good Law yers accounted Demeines Bracton in his fourth Book tract 3. cap. 9. num 5. hath these words Item dominicum accipitur multipliciter Est autem dominicum quod quis habet ad mensam suam propriè sicut sunt Bordlands anglicè Itèm dicitur dominicum villenagium quod traditur villanis quod quis teÌ„pestivè intempestive sumere possit pro voluntare sua revocare Of this Fleta likewise thus writeth DominicuÌ„ est multiplex Est auteÌ„ DominicuÌ„ propriè terra ad mensaÌ„ assignata villenagium quod traditur villanis ad excolendum terra precariò dimissa quae tempestiviè pro voluntate domini poterit revocari sicut est de terra commissa tenenda quà m diu commissori placuerit poterit dici Dominicum de quo quis babet liberuÌ„ tenementuÌ„ alius usufructum etiaÌ„ ubi quis habet liberuÌ„ tenementuÌ„ alius curaÌ„ sicut de custode dici poterit curatore unde urus dicitur à jure alius quoque ab homine Dominicum etiam dicitur ad differentiam ejus quod tenetur in servitio Dominicum est omne illud tenementum de quo antecessor oblit seâ—situs ut de feudo nec refert cum usufructu vel sine de quo sie ectus esset si viveret recuperare posset per assisam nomine disseisinae licet alius haberet usum fructum sicut dici poterit de illis qui tenent in villenagio qui utuntur fruuntur non nomine proprio sed omine Dominâ— sui Flet. lib. 5. cap. 5. sect Dominicum autem And the reason why Copy-hold is accounted Demeans is because they that be Tenents unto it are judged in law to have no other right but at the will of the Lord. So that it is reputed still after a sort to be in the Lords hands And yet in common speech that is called ordinarily Demeans which is neither free nor copy It is farther to be noted that Demain is sometime used in a more special signification and is opposite to Frank-fee For example those lands which were in the possession of King Edward the Confessour
the Ordinarie or Institution by the Ordinarie or Induction by his commandement Fitzh nat br fol. 35. E. See the stature anno 8 R. 2. cap. 4. Of this Petr. Gregor de beneficits cap. 11. num 10. hath these words Sitamen Capellaniae fundatâ—e per Laicos non fuerint à Diocesano approbatae et ut loquuntur spiritualiz atae non censentur beneficia nec ab Episcopo conferri possunt sed sunt sub pia dispositione fundatoris Joh. Fab. ad § Nullius De rerum diuis Iden fundatores et baeredes corum possunt tales Capellanias donare sine Episcopo cui voluerint tanquam profana beneficin Guido Papaeus descis 187. See also Gregorius lib. 15. cap. 29. sui syntagmatis num 11. I sinde in the Preface of M. Gwins readings that as the King might of ancient times found a free Chapel and exempt it from the jurisdiction of the Diocesan so he might also by his Letters Patents license a common person to found such a Chapel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be depriveable by the Founder and his Heirs and not by the Bishop And this is likest to be the original of these Donatives in England Fitzh saith that there be certain Chauntries which a man may give by his Letters Patents nat br fol. 33. C. See him also fol. 42. B. All Bishopricks were Donative by the King Coke lib. 3. fol. 75. b. Dooms day Rotulus Wintoniae domus D i Coke in praefatione ad librum saum is a Book that was made in King Ed. the Confeâ—ors dates as the Author of the Old nat br faith f. 15. containing in it not onely all the Lands through England but also all the names of those in whose hands they were at that time when the book was made M. Lamberd in his explication of Saxon words verbo jus Dacorum c. proveth out of Gervasius Tilburiensis that this Book was made in William the Conquerours time with whom agreeth M. Cambden in his Bretan pag. 94. proâ—ing it out of Ingulphus that flourished the same time And for the better commendation of the Book it is not amiste to set down the words of Ingulphus touching the contents thereof Totam terram descripsit Nec er at hyda in tota Anglia quin valorem ejus possessorem scivit nec lacus nec locus aliquis qâ—sin in Regis rotulo extitit descriptus ac ejus reditus proventus ipsa possessio ejus possessor regiae rotitiae manifestatus juxta taxatorum fidem qui electâ— de qualibet patria territorium oroprium deseribebant Ifte rotulus vocatns est Rotulus Wintoniae ab Anglis pro sua generalitate quòd omnia tenementa totius terrae continuit Domesday cognominatur So it is called in the statute anno pri Ric. 2. cap. 6. And in Ockhams lucubrations de fisci Regis ratione which seemeth to be taken out of the Book called Liber Rubeus in the Exchequer It is termed Liber Judicatorius and the reason why quia in co totius Regni descriptio diligens continetuâ— tam de tempore Regis Edwardi quà m de tempore Regis Willielmi sub quo factus est singulorum fundorum valentia expr mitur Dorture dormitorium anno 25 H. 8. cap. 11. is the common room place or chamber where all the Friers of one Covent slept and lay all night Dote assignanda is a Writ that lieth for a Widow where it is found by office that the Kings Tenent was feised of Tenements in Fee or Fee-tail at the day of his death c. and that he holdeth of the King in chief c. For in this case the Widow cometh into the Chancery and there maketh oath that she will not marry without the Kings leave anno 15 Ed. 3. cap. 4. and hereupon he shall have this Writ to the Escheatour for which see the Register Original fol. 297. and Fitzherb nat br fol. 263. And this sort of Widowes is called the Kings Widow See Widow Dote unde nihil habet is a Writ of Dower that lieth for the Widow against the Tenent which hath bought Land of her Husband in his life time whereof he was feised solely in Fee simple or Fee tail in such sort as the issne of them both might have inherited it Fitzh nat br fol. 147. Regist. fol. 170. Dotts admensuratione See Admensurement See the Reg. orig fol. 171. Dotkins a kind of Coin pl. cor fol. 37. Iâ—seemeth to come of the Dutch word ' Duytkin that is the eighth part of a Stufer or French Shilling which in Latine is called Solidus Gallicus Doubles anno 14 H. 6. cap. 6. fignifie as much as Letters Patents being as it seemeth a French word made of the Latine diploma Double plee duplex placitum is that wherein the Defendant allegeth for himself two several matters in barre of the action where of either is sufficient to effect his desire in debarring the Plaintiff And this is nor to be admitted in the Common law wherefore it is well to be observed when a Pâ—ee is double and when it is not For if a man allege several matters the one nothing depending of the other the Piea is accounted double If they be mutually depending one of the other then is it accounted but single Kitchin fol. 223. See Brook hoc titule But why this doublenesse for so Kitchin calleth it fol. 234. should be debarred I see no reason under correction all things being spoken For a man may have two good defences and happily in the issue he shall contrarily to his hope fail in proving the one and yet be able to carry the cause by the other And therefore not onely the Civilians but Bracton also saith Pluribus exceptionibus uti nemo prohibetur libr. 5 aract 5. cap. 5. num 4. whom also read libro 4. cap. 17. And Sir Thomas Smiths reason of this scantly satisfieth me alleging this to be the course of our proceeding because the trial is by twelve rude men whose heads are not to be troubled with over many things at once lib. 2. de Repub. Anglor cap. 13. Double quarrel duplex querela is a complaint made by any Clerk or other unto the Archbishop of the Province against an inferiour Ordinary for delaying of Justice in some cause Ecclesiastical as to give sentence or to Institute a Clerk presented or such like The effect whereof is that the said Arch-bishop taking knowledge of such delay directeth his Letters under his authentical Seal to all singular Clerks of his Province thereby commanding and authorizing them and every of them to admonish the said Ordinatie within a certain number of dayes namely 9 dayes to do the Justice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to allege the cause of his delay And lastly to intimate to the said Ordinary that if he neither perform the
thing enjoyned nor appear at the day assigned he himself will without farther delay proceed to perform the Justice required And this seemeth to be tearmed a double quarrel because it is most commonly made against both the Judge and him at whose Petition Justice is delayed Dower dos cometh of the French dovaire and signifieth in our Common law two things first that which the VVife bringeth to her Husband in marriage otherwise called maritagium marriage good next and more commonly that which she hath of her Husband after the marriage determined if she out-live him Glanvile lib. 7. cap. 1. Bracton lib. 2. cap. 38. Britton cap. 101. in princ And in Scotland dos signifieth just as much Skene de verb. signif verbo Dos The former is in French called dot the other dovayre by them latined doarium I like wise once thought it not unreasonable to call the former a Dowrie and the other a Dower but I finde them confounded For example Smith de rep Anglo pa. 105. calleth the latter a dowry and dower is sometime used for the former as in Britton ubi supra Yet were it not inconvenient to distinguish them being so divers The Civilians cal the former dotem the latter donationem propter nuptias Of the former the Common law-books speak very little This onely is to be noted that whereas by the Civil Law instruments are made before marriage which contain the quantity of the wives dowrie or substance brought to her husband that he having the use of it during marriage may after certain deductions restore it again to his Wives Heirs or Friends after the marriage dissolved the Common law of England whatsoever chattels moveable or immoveable or ready money she bringeth doth make them forthwith her Husbands own to be disposed of as he will leaving her at his courtesie to bestow any thing or nothing of her at his death The reason whereof is said to be the holding of the Wife in obedience to her Husband Onely if she be an inheretrice her Husband holdeth the Land but during her life except he have issue by her but then he holdeth it by the courtesie of England during his own life See Courtesie And again if he have any Land in Fee whereof he was possessed during the marriage she is to have a third thereof during her life though she bring nothing to him except she do by fine release her right during the marriage So that here is no great matter to be spoken of but touching dower in the latter signification You must know therefore that upon speech of marriage between two the Parents of both sides are commonly more careful in providing each for his child than the parties themselves And that by their means there be divers bargains made sometime for the conveiance of Lands c. to them and their issue And this is said to be given in Frank mariage sometime to her during her life and that before or at the marriage If before marriage then it is called a Joynture For a Joynture is a Covenant whereby the Husband or some for him is tyed ratione juncturae in consideration of the marriage that the wife surviving him shall have during her life this or that Tenement or Lands or thus much Rent yeerly payable out of such Land c. with clause of distresse and this may be more or lesse as they do accord Britton cap. 110. whom read also cap. 102 103 104. for conventio vincit legem Bracton lib. 5. tractat 4. cap. 9. The diversity of these Joyntures you may see in West parte prima symbol l. 2. sect 128 129 130 131 132 133. But if none of these former bargains passe before marriage then must the Wife stick to her Dower and that is sometime given at the Church door or the Chapel door if the marriage be by License but not the Chamber door and may be what the Husband will so it exceed not a third part of this Lands Glanvile lib. 6. cap. pri Or the half as some say Fitz. nat br fol. 150. N.P. And this Dower is either certainly set down and named or not named but onely in generality as the law requireth if it be not named then it is by law the third part and called dos legitima Bracton lib. 4. tract 6. cap. 6. num 6. 10. Magna Charta c. 7. or the half by the custome of some Countries as in Gavelkind Fitzh nat br fol. 150. O. And though it be named it seemeth that it cannot be above half the lands of the Husband Fitzh nat br fol. 150. P. And the Woman that will challenge this Dower must make 3 things good viz. that she was married to her Husband that he was in his life time seised of the Land whereof she demandeth Dower and that he is dead Cokes reports lib. 2. Binghames case fol. 93. a. Of these things see Glanvile l. 6. c. 1 2 3. Bract. l. 2. c. 38 39 l. 4. tract 6. cap. 1. 6. and Britton cap. 101 102 103 104. and Fitzherb nat br fol. 147 148 149 150. And this custumary Dower seemeth to be observed in other nations as well as in ours Hotoman verbo Dotalitium in verbis feudal Cassan de consuetud Burg. pag. 580. 676. 677. de conventional pa. 720. And to these joyn the grand Custumarie of Normandy cap. 102. where you shall perceive that in a manner all our law in this point is taken from the Normans See Endowment Of Dower read Fleta likewise who writeth largely thereof and hath many things worth the learning lib. 5. cap. 23. seq Dozenno See Decennitr DR Drags anno 6 H. 6. cap. 5. seem to be wood or timber so joyned together as swimming or floting upon the water they may bear a burden or load of other wares down the River Draw latches anno 5 Edw. 3. cap. 14. anno 7. Rich. 2. cap. 5. Master Lamberd in his Eirenarch lib. 2. cap. 6. calleth them Miching thieves as Wasters and Roberdjemen mighty thieves saying that the words be grown out of use Dreit Dreit signifieth a double right that is jus possessionis jus Domini Bracton lib. 4. cap. 27. lib. 4. tract 4. cap. 4. lib. 5. tract 3. cap. 5. Dry exchange anno 3 H. 7. cap. 5. Cambium siccum seemeth to be a cleanly tearm invehred for the disguising of foul usury in the which something is pretended to passe of both sides wheras in truth nothing passeth but on the one fide in which respect it may well be called dry Of this Ludovicus Lopes tracbat de contract negotiatio lib. 2. cap. pri § Deinde postquam writeth thus Cambium est reale vel siccn̄ Cambium reale dicitur quod consistentiam veri Cambit realem habet et Cambium per or ans et Cambium minutum Cambium autem siccum est Cambium non habens existentiam Cambii sed apparentiam ad instar arboris exsiccatae quae humorae vitali jam
carens appaerentiam arboris habet non existentiam Summa Syl. Verbo Usura quaest 6. Est ergo Cambium siccum uxta hanc acceptionem in quà etiam accipitur in extrav Pii quinti idem quod Cambium fictum Non autem habet propriam naturam Cambii sed mutui et usurae At vero secundum Laurentium de Navarra in commento de usuris et Cambiis citatam Cambium siccum in alia acceptione minus communi summum est â—ambium in quo Campsor prius dat quam accipiat Dicitur autem isto modo ficcum quia sine praevia acceptione dat Campsor Quod tamen ut sic acceptum autore Sylvestro licitè celebratur aliquando Quiatunâ— verum et reale Cambium est diffe ens genere ab eo Cambio in quo Campsor prius recipit Quiae in isto Campsor semper primò dat et deâ—nde accipit Drift of the Forest seemeth to be nothing but an exact view or examination what cattel are in the Forest that it may be known whether it be overcharged or not and whose the beasts be This drist when how often in the year by whom and in what manner it is to be made See Manwood parte 2 of his Forest Laws cap. 15. Drait d' Advorizen See Recto de advocatione Ecclesiae Droit close See Recto clausum Droit de dower See Recto dotis Droit sur disclaimer See Recto sur diselaimer Droit patens See Recto patens DU Duces tecum is a Writ commanding one to appear at a day in the Chancery and to bring with him some piece of evidence or other thing that the Court would view See the new book of Entries verbo Duces tecum Duke Dux commeth of the French word Duc. In signifieth in ancient times among the Romans Ductorent exercitus such as led their armies who if by their prowesse they obtained any famous victory they were by their Souldiers saluted Imperatores as Hotoman verbo Dux de verbis feudal proveth out of Livy Tully and others Sithence that they were called duces to whom the King or people committed the custody or regiment of any Province Idem cod And this seemeth to proceed from the Lombards or Germans Sigon de reg ' no Ital. l. 4. In some Nations this day the Soveroigns of the Countrey are called by this name as Duke of Russia Duke of Sweden Here in England Duke is the next in secular dignity to the Prince of Wales And as M. Cambden saith heretofore in the Saxons times they were called Dukes without any addition being but meer officers and leaders of Armies After the Conquerour came in there were none of this title until Edward the thirds dayes who made Edward his son Duke of Cornwal After that there were more made and in such sort that their titles descended by inheritance unto their posterity They were created with solemnity per cincturam gladii cappaeque circuli aurei in capite impositionem vide Camd. Britann pag. 166. Zazium de feudis parte 4. num 7. et Cassan de consuetud Burg. pag. 6. et 10. and Ferns glory of generosity pag. 139. Dutchy court is a Court wherein all matters appertaining to the Dutchy of Lancaster are decided by the decree of the Chancellour of that Court. And the original of it was in Henly the fourths dayes who obtaining the Crown by deposing Richard the second and having the Dutchy of Lancaster by descent in the right of his mother he was seised thereof as King and not as Duke So that all the liberties franchises and Jurisdictions of the said Dutchie passed from the King by his grand Seal and not by Livery or Attournment as the possessions of Ever wick and of the Earldom of March and such others did which had descended to the King by other Ancestors than the Kings but at last Henry the fourth by authority of Parlament passed a Charter whereby the possessions liberties c. of the said Dutchy were severed from the Crown Yet Henry the seventh reduced it to his former nature as it was in Henry the fifts dayes Cromptons Jurisd fol. 136. The officers belonging to this Court are the Chancelour the Atturney Recelver general Clerk of the Court the Messenger Beside these there be certain Assistants of this Court as one Atturney in the Exchequer one Atturney of the Dutchy in the Chancery four Learned men in the Law retained of Councel with the King in the said Court. Of this Court M. Gwinâ— in the Preface to his Readings thus speaketh The Court of the Dutchy or County Palatine of Lancaster grew out of the grant of King Edward the third who first gave the Dutchy to his Son John of Gaunt 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 than King of England determined to save his right in the Dutchy whatsoever should befall of the Kingdome and therefore he separated the Dutchy from the Crown and setled it so in the natural persons of himself and his Heirs as if he had been no King or Politick body at all In which plight is continued during the reign of King Henry the fifth and Henry the sixth that were descended of him But when King Edward the fourth had by recovery of the Crown recontinued the right of the house of York he seared not to appropriate that Dutchy to the Crown again and yet so that he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the seventh who liking well of that Policy of King Henry the fourth by whose right also he obtained the Kingdom made like separation of the Dutchy as he had done and so left it to his posterity which do yet injoy it Dum fuit infra aetatem is a Writ which lieth for him that before he came to his full age made a Feofment of his Land in Fee or for term of life or in tail to recover them again from him to whom he conveyed them Fitz. nat br fol. 192. Dum non fuit compos mentis is a VVrit that lyeth for him that being not of sound memory did alien any Lands or Tenements in Fee-simple fee-Fee-tail for term of life or of years against the alience Fitzherb nat br 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 Cromptons Jurisd fol. 215. Dures Duritia cometh of the French dur i. durus veldurete 1. duritas and is in our Common law a Plee used in way of exception by him that being cast in prison at a mans sute or otherwise by beating or threats hardly used sealeth any Bond unto him during his
Terms of the Law verbo Account Expectant is used in the Common law with this word fee and thus used it is opposite to Fee simple For example Lands are given to a Man and his Wife in Frank-marriage to have and to hold to them and their Heirs In this case they have Fee-simple But if it be given to them and the Heirs of their body c. they have Tail and Fee expectant Kitchin fol. 153. Matthaeus de afflict is useth the Ad ective expectativa substantively in the same signification Descis 292. num 2. p. 412. Explees see Espleese Expeditate expeditare is a word usual in the Forest signifying to cut out the balls of the great dogs feet for the preservation of the Kings game Every one that keepeth any great Dogs not expeditated forfeiteth to the King three shillings four pence Cromptons Jurisdict fol. 152. M. Manwood useth the same word parte prim of his Forest Laws pag. 205 and pag. 212. he setteth down the manner of expeditating Dogges heretofore viz. Quòdtres ortell abscindantur sive pellota de pede anteriori that is that the three clawes of the fore-foot on the right side shall be cut off by the skin whereunto he also addeth out of the same ordinance called the Assise of the Forest that the same manner of expeditating of Dogs shall be still used and kept and none other Quaere whence it groweth that Master Crompton and he differ the one saying that the ball of the foot is cut out the other that the three fore-clawes are pared off by the skin Expensis militum levandis is a Writ directed to the Sheriff for levying allowance for the Knights for the Parliament Regist orig fol. 191. b. Expensis militü non levandis ab hominibus de antiquo dominico nec à nativis is a Writ wherby to prohibit the Sheriff from levying any allowance for the Knights of the Shire upon those that hold in ancient Demesn c. Reg. orig fol. 261. b. Extend extendere cometh of the French estendre i. dilatare dispandere distendere and signifieth in our Common law to value the Lands or Tenements of one bound by Statute c. that hath forfeited his bond to such an indifferent rate as by the yearly rent the Obligor may in time be payd his debt The course and circumstances of this see in Fitz. h. nat br fol. 131. Brief d'execution sur statut Merchant Extendi facias is a Writ ordinarily called a Writ of Extent whereby the value of Lands c. is commanded to be made and levied in divers cases which see in the Table of the Register original Extent extenta hath two significations sometimes signifying a Writ or commission to the Sheriff for the valuing of Lands or Tenements Register judicial in the Table of the Book Sometime the Act of the Sheriff or other Commissioner upon this Writ Brook titulo Extent fol. 313. Extinguishment in our Common law signifieth an effect of consolidation For example if a man have due unto him a yearly rent out of any Lands and afterward purchase the same Lands now both the property and rent are consolidated or united in one Possessor and therefore the rent is said to be extinguished In like manner it is where a man hath a Lease for years and afterward buyeth the property this is a consolidation of the property and the fruits and is an extinguishment of the Lease See the Terms of Law Extirpatione is a Writ judicial that lieth against him who after a verdict found against him for Land c. doth maliciously overthrow any house upon it c. and it is two-fold one ante judicium the other post judicium Register judicial fol. 13.56.58 Extortion Extortio signifieth in our Common law an unlawful or violent wringing of money or money-worth from any man For example if any Officer by terrifying any the Kings subjects in his office take more than his ordinary duties he committeth and is inditeable of Extortion To this by M. Wests judgement may be referred the exaction of unlawful Usury winning by unlawful Games and in one word all taking of more than is due by colour or pretence of right as excessive toll in Milners excessive prizes of Ale Bread Victuals Wares c. West parte 2. Symbol titulo Indictments Sect. 65. M. Manwood saith that Extortion is Colore officii and not virtute officii parte 1. of his Forest laws pag. 216. M. Crompton in his Justice of Peace fol. 8. hath these words in effect Wrong done by any man is properly a Trespasse but excessive wrong done by any is called Extortion and this is most properly in officers as Sheriffes Maiors Bailiffes Escheatours and other Officers whatsoever that by colour of their Office work great oppression and excessive wrong unto the Kings subjects in taking excessive reward or fees for the execution of their office Great diversity of cases touching Extortion you may see in Cromptons Justice of Peace fol. 48. b. 49. 50. See the difference between colore officii virtute vel ratione officii Plow casu Dives fol. 64. a. This word is used in the same signification in Italy also For Cavalcanus de brachio regio parte 5. num 21. thus describeth it Extortio dicitur fieri quando Judex cogit aliquid sibi dari quod non est debitum vel quod est ultra debitum vel ante tempus petit id quod post administratam justitiam debetur Extreats See Estreats Eyre See Eire FA. FAculty Facultas as it is restrained from the original and active signification to a particular understanding in Law is used for a privilege or especiall power granted unto a man by favour indulgence and dispensation to do that which by the Common law he cannot do as to eat flesh upon dayes prohibited to marry without Banes first asked to hold two or more Ecclesiastical Livings the Son to succeed the Father in a Benefice and such like And for the granting of these there is an especial Officer under the Arch-bishop of Canterbury called Magister ad Facultates the Master of the Faculties Fag anno 4 Ed. 4. cap. 1. Faint and false action seem to be Synonyma in Litleton fol. 144. for faint in the French tongue signifieth as much as feigned in English Faint pleader falsa placitatio cometh of the French feint a Participle of the Verb feindre i. simulare fingere and pledoir i. placitare It signifieth with us a false covenous or collusory manner of pleading to the deceit of a third party anno 34. 35. H. 8. cap. 24. Faire aliàs Feire feria cometh of the French feire and signifieth with us as much as Nundinae with the Civilians that is a solemn or greater sort of Market granted to any Town by privilege for the more speedie and commodious provision of such things as the subject needeth or the utterance of such things as we abound in above our own uses and occasions both our
fee with the which note Fitzherb agreeth nat br fol. 161. E. So that all the land in the Realm by this reason is either antient demesn or frank fee. The new expounder of the Law terms defineth frank fee to be a tenure in fee simple of lands pleadable at the Common law and not in antient demesn See Fachineus li. 7. c. 39. who defineth it feudum francum esse pro quo nullum servitium praestatur Domino with whom agreeth Zasius de feudis parte 12. saying that therefore it is fedum improprium quia ab omni fervitio liberum Frank ferme firma libera is land or tenement wherein the nature of fee is changed by feofment out of Knights service for certain yearly services and whence neither homage wardship mariage nor relief may be demanded nor any other service not contained in the feo ment Britton ca. 66. num 3. see Fee ferme Frank law libera lex See Cromptons Justice of peace fol. 156. b. where you shall find what it is by the contrary For he that for an offence as conspiracie c. leeseth his frank law is said to fall into these mischiefs first that he may never be impaneled upon any jury or assise or otherwise used in testifying any truth Next if he have any thing to doe in the Kings Court he must not approach thither in person but must appoint his Atturney Thirdly his lands goods and chattels must be seised into the Kings hands and his lands must be estreaped his trees rooted up and his body committed to prison For this the said Author citeth the book of Assises 2 fol. 59. Conspiracy F. 11.24 Edw. 3. fol. 34. See Conspiracy Frank marriage liberum maritagium is a tenure in tail speciall growing from these words in the gift comprised Sciant c. me M. H. de W. dedisse concessisse et praesenti charta mea confirmasse I. A. filio meo Margeriae uxori ejus filiae verae T. N. in liberum maritagium unum messuagium c. West parte 1. Symb. li. 2. sect 303. The effect of which words is that they shall have the land to them and the heirs of their bodies and shall doe fealty to the donour untill the fourth degree Se new terms of law Glanvile li. 7. ca. 18. Bracton li. 2. ca. 7. num 4. where he divideth maritagium in liberum servitio obligatum See Marriage Fleta giveth this reason why the heirs doe no service untill the fourth descent ne donatores vel eorum haeredes per homagum receptionem à reversione repellantur And why in the fourth descent and downward they shall do service to the donour quia in quarto gradu vehementer praesumiter quod terra non est pro defectu haeredum donatariorum reversura libro tertio ca. 11. in princ Frank pledge franciplegium is compounded of frank i. liber and pleige i. fidejussor and signifieth in our Common law a pledge or surety for free-men For the antient custome of England for the preservation of the publike peace was that every free born man at fourteen yeeres of age after Bracton religious persons Clerks Knights and their eldest sonnes excepted should find surety for his truth toward the King and his subjects or else be kept in prison whereupon a certain number of neighbors became customably bound one for another to see each man of their pledge forth comming at all times or to answere the transgression committed by any broken away So that whosoever offended it was forthwith inquired in what pledge he was and then they of that pledge either brought him forth within 31. daies to his answer or satisfied for his offence This was called Frank pledge causa qua supra and the circuit thereof was called Decenna because it commonly consisted of 10. housholds And every particular person thus mutually bound for himself and his neighbours was called Decennier because he was of one Decenna or another This custom was so kept that the Sheriffs at every county court did from time to time take the oaths of young ones as they grow to the age of 14 years and see that he were combined in one dozen or another whereupon this branch of the Sheriffs authoritie was called visus Franciplegii view of Frank pledge See the stat for view of Frank pledge made an 18. E. 2. See Decennier Leetview of Frank pledge Freoborghe That this discipline is borrowed by us of the Roman Emperours or rather Lombards appeareth most manifestly in the second book of Feuds ca. 53. upon which if you read Hotoman with those Authors that hee there recordeth you will think your labour well bestowed Read more of this viz. what articles were wont to be inquired of in this Court in Horns mirrour of Justices lib. 1. ca. de la veneu des francs pleges and what these articles were in antient times see in Fleta lib. 2. cap. 52. Fredwit See Fletwit Free chapel libera Capella by some opinion is a Chapel founded within a Parish for the service of God by the devotion and liberality of some good man over and above the mother Church unto the which it was free for the parishioner◠to com or not to come endowed with maintenance by the founder thereupon called free I have heard others say and more probably that those only be free Chapels that are of the Kings foundation and by him exempted from the Jurisdiction of the Ordinarie but the King may license a subject to found such a Chapel and by his Charter exempt it from the Ordinaries visitation also That it is called free in respect it is exempted from the Jurisdiction of the Diocesan appeareth by the Register original fol. 40. 41. These Chapells were all given to the King with chaunteries anno 1. Edw. 6. ca. 14. Free chapell of Saint Martin le grand an 3. Ed. 4. capite quarto et an 4. E. quarti c. 7. Free hold liberum tenementum is that land or tenement which a man holdeth in fee fee tail or at the least for term of life Bract. lib. 2. ca. 9. The new expounder of the Law terms saith that freehold is of two sorts Freehold in deed and freehold in law Freehold in deed is the real possession of land or tenements in fee fee tai◠or for life Freehold in law is the right that a man hath to such land or tenements before his entry or seisure I have heard it likewise extended to those offices which a man holdeth either in fee or for term of life Britton defineth it to this effect Franck tenement is a possession of the soil or services issuing out of the soil which a free man holdeth in fee to him and his heirs or at the least for term of his life though the soil be charged with free services or other cap. 32. Freehold is sometime taken in opposition to villenage Bract. lib. 4.37 38. M. Lamberd in his explication of Saxon words verbo
Terra scripto saith that land in the Saxons time was called either Bockland that is holden by book or writing or Folcland that is holden without writing The former he reporteth was held with farre better conditions and by the better sort of tenents as Noble-men and Gentlemen being such as we now call free hold the later was commonly in the possession of clowns being that which wee now call at the will of the Lord I find in the Register judiciall fol. 68. a. and in divers other places that hee which holdeth land upon an execution of a Statute Merchant untill he be satisfied the debt tenet ut libe um tenementum sibi assignatis suis and fol. 73. b. I read the same of a tenent per elegit where I think the meaning is not that such tenents be free-holders but as free-holders for their time that is untill they have gathered profits to the value of their debt Freeholders in the antient Laws of Scotland were called Milites Skene de verb. signif verb. Milites The D. and Student saith that the possession of land after the law of England is called frank tenement or freehold fol. 97. a. Frenchman Francigenia was wont to be used for every outlandish man Bracton li. 3. tract 2. cap. 15. See Englerecy Frendwite vel Infeng significat quietantiam prioris prisae ratione convivii Fleta lib. 1. cap. 47. Frendles man was wont to be the Saxon word for him whom wee call an out-law And the reason thereof I take to be because hee was upon his exclusion from the Kings peace and protection denied all help of frien as after certain dayes Nam forisfecit amicos Bract. lib. 3. tract 2. ca. 12. nu 1. whose words are these Talem vocant Angli utlaugh alio nomine antiquitus solet nominari sc Frendles man sic viaetur quod foris fecit amicos unde si quis talem post utlagariam expulsionem scienter paverit receptaverit vel scienter communicaverit aliquo modo vel receptaverit vel occultaverit eâdem paenâ puniri debet quà puniretur utlagatus ita quòd careat omnibus bonis suis vita nisi Rex ei parcat de sua gratia Fresh disseisin Frisca disseisina cometh of the french Fraiz i. recens disseisir i. possessione eâ—cere It seemeth to signifie in our Comon law that disseisin that a man may seek to defeat of himself by his own power without the help of the king or Judges Britton c. 5. and that such desseisin as is not above 15. dayes old Bract. lib. 4. cap. 5. whom you may read at large of this matter concluding that it is arbitrarie and so doth Britton ca. 65. but ca. 43. he seemeth to say that in one case it is a year See him also ca. 44. Fresh fine is that which was levied within a year past West 2. ca. 45. an 13. Ed. 1. Fresh force frisca fortia is a force done within forty dayes as it seemeth by Fitzh nat br fol. 7. C. For if a man be disseised of any lands or tenements within any City or Borough or deforced from them after the death of his Ancestor to whom hee is heir or after the death of his tenent for life or in tail he may within forty dayes after his title accrued have a Bill out of the Chancerie to the Maior c. See the rest Fresh sute recens insecutio is such a present and earnest following of an offendour as never ceaseth from the time of the offence commited or espied untill he be apprehended And the effect of this in the pursure of a Felon is that the partie pursuing shall have his goods restored him again whereas otherwise they are the kings Of this see Stawnf pl. cor li. 3. ca. 10. 12. where you shall find handled at large what sure is to be accounted fresh and what not And the same Author in his first book cap. 27. saith that fresh sute may continue for seven years See Cokes reports lib. 3. Rigew iâ—s case Fresh sute seemeth to be either within the view or without for M. Manwood saith that upon fesh suit within the view Trespassers in the Forest may be attached by the officers pursuing them though without the limits and bounds of the Forest parte 2. cap. 19. num 4. fol. 121. Froborgh alias Fridburgh alias Frithborg Frideburgum cometh of two Saxon words Freo i. liber ingenuns and borgh i. fidejussor or of Frid i. pax and Borgha 1. sponsor this is otherwise called after the french Frank pledge the one being in use in the Saxons time the other sithence the Conquest wherefore for the understanding of this read Franck pledge That it is all one thing it appeareth by M. Lamberd in his explication of Saxon words verbo Centuria And again in the laws of king Edward set out by him fol. 132. in these words Praeterea est quaedam summa et maxima securitas per quam omnes statu firmissimo sustinentur viz. ut unusquisque stabiliat se sub fidejussionis securitate quam Angli vocant Freeborghes soli tamen Eboracenses dicunt eandem Tienmannatale quod sonat latine decem hominum numerum Haec securitas hoc modo fiebat quod deomnibus villis totius regni sub decennals fidejussione debebant esse universi ita quod si unus ex decem forisfecerit novem ad rectum eum haberent quod si aufugeret daretur lege terminus ei 31. dierum ut quaesitus interim inventus ad justitiam Regis adduceretur de suo illico restauraret damnum quod fecerat Etsi ad hoc forisfaceret de corpore suo justitia fieret Sed si infra praedictum terminum invenire non posset c. as in the book Bracton maketh mention of Fridburgum lib. 3. tract 2. cap. 10. in these words Archiepiscopi Episcopi Comites Barones omnes qui habent Soc Sak Tol Team hujusmodi libertates milites suos proprios servientes armigeres sc dapiferos pincernas camerarios coquos pistores sub suo Fridburgo habere debent Item isti suos Armigeros alios sibi servientes Quod si cui forisfecerint ipsi domini sui habeant cos ad rectum si non habucrint solvant pro cis forisfacturam Et sic observandum erit de omnibus aliis qui sunt de alicujus manupastu Out of these words I learn the reason why great men were not combined in any ordinary Dozeine and that is because they were a sufficient assutance for themselves and for their menial servants no lesse than the ten were one for another in ordinary Dozeins See Frank pledge See Skene de verborum significatione verb. Freiborgh Fleta writeth this word Fruhborgh and useth it for the principal man or at the least for a man of every Dozein Frithborgh saith he est laudabilis homo testimonit liber vel servus per quem omnes juxta
number of a mans company or by his or their weapons or harnesse Whereof see more in that learned Writer in the same Chapter as also in M. Cromptons Justice of peace fol. 119. b. 120. 121. 122. 123. 124. 125. 126. 127. Good Country Bona patria is an Assise or Jury of Country-men or good neighbours Skene de verbo signif verbo Bona patria GR Graffer grafarius signifieth as much as a notarie or Scrivener It cometh of the French greffier i. scriba actuarius This word is used in the Statute anno 5 H. 8. cap. 1. Graines grana paradisi aliâs Cardamomum is a spice medicinable and wholesome whereof you may see divers kinds in Gerards Herbal lib. 3. cap. 148. These are comprised among merchandise that be to be garbled Anno 1 Jac. cap. 19. Grand Assise See Assise and Magna Assisa Grand Cape See Cape and Attachment Grand Sergeanty See Chivalrie and Seargeanty Grand distresse Magna districtio is a distresse taken of all the lands and goods that a man hath within the County or Bayliwick whence he is to be distrained Fleta lib. 2. cap. 69. § penult See Distresse This word is used anno 51 H. 3. cap. 9. This falleth out when the Defendant hath been attached and yet appeareth not upon his Attachment or when he appeareth and afterward makes default For then the Sheriff is commanded to distrain the Defendant by all his goods and cattels and to answer the King the issues of his Lands Grange grangia is a house or building not onely where Corn is laid up as Barns be but also where there be stables for Horses stalles for Oâ—â—n 〈◊〉 both â—r cattel styes for Hogges and other things necessary for husbandry Lindwood 〈…〉 emms de judiciis verbo Grangiis in glossa Graâ—â— Concessio granâ—um Glanvile signifieth specially in our Common law a gift in writing of such a thing as cannot aptly be passed or conveyed by word onely as Rent Reversions Services Advowsens in grosse Common in groâ—e Villein in grosse Tithes c. or made by such persons as cannot give but by deed as the King and all bodies politick which differences be often in speech neglected and then is it taken generally for every gift whatsoever made of any thing by any person and he that granteth it is named the Crantour and he to whom iâ— is made the Grantee West parte 1. symbol lib. 2. Sect. 334. A thing is said to lye in grant which cannot be assigned without deed Coke lib. 3. Lincoln Coll. case fol. 63. a. Great men are sometimes understood of the Laity of the higher-house of Parliament as an 43 Ed. 3. cap. 2. an 8 R. 2. in prooem and sometime of the Knights c. of the lower-house as anno 2 R. 2. stat 2. in principio Gree cometh of the French Grè i. sententia beneplacitum It signifieth in our Common law contentment or good liking as to make gree to the parties is to satisfie them for an offence done anno 1 Rich. 2. cap. 15. Greachbreach is breaking of the peace Saxon in the description of England cap. 11. v. Rastal titulo Exposition of words The new Expounder of Law Terms writeth it Grichbreach and giveth it the same signification See Greve Green bewe is all one with vert Manwood parte 2. of his Forest laws cap. 6. num 5. See Vert Green wax seemeth to be used for estreats delivered to the Sheriffes out of the Exchequer under the Seal of that Court to be levied in the Countie anno 42. Ed. 3. cap. 9. anno 7 H. 4. cap. 3. See Forein apposer Greve praepositus is a word of power and authority signifying as much as Dominus or praefectus Lamberd in his Exposition of Saxon words ve bo Praefectus where he seemeth to make it all one with Reve as I think undoubtly it is The Saxon word is Gerefa whereof we have divers words compounded as Shyreeve Portgreeve c. which were wont of the Saxons to be written Soyrgerefa Portgerefa See Shyreeve and Portgreve See Roger Hoveden parte poster suorum annal fol. 346. b. where he saith thus Greve dicitur ideo quod jure debeat grithe i. pacem ex illis facere qui patriae inferunt Vae i. mâ—seriam vel malum Gritbreach is a breach of peace For Grita is a word of the old Angles signifying peace Roger Hoveden parte poste suorum annal fol. 346. b. See Greachbreach Grils anno 22 Ed. 2. cap. 2. Grocers be Merchants that ingrosse all Merchandize vendible anno 37 Ed. 3. cap. 5. Groom anno 33 H. 8. cap. 10. Valletus is the name of a servant that serveth in some inferiour place M. Verslegan in his Restitution of decayed intelligence saith that he findeth it to have been in times past a name for youths who albeit they served yet were they inferiour to men servants and were sometimes used to be sâ—nt on foot or errands serving in such manner as Lackeyes do now Growm anno 43 E. 3. cap. 10. seemeth to be an Engine to stretch Woollen cloth withall after it is woven GU Guydage Guydagium is that which is given for safe conduct through a strange territory Cassanaeus de consuetud Burgun pag. 119. whose words be these Est Guidagium quod datur alicui ut tuiò conducatur per loca alterius Guylde See Gyld Guylhalda Teutonicorum See Gild. Gule of August Gula Augusti anno 27 Ed. 3. stat 3. cap. unico Fitzh nat br fol. 62. I. alià s Goule de August Plowd casu Mines fol. 316. b. is the very day of Saint Peter ad vincula which was wont and is still within the limits of the Roman Church celebrated upon the very Kalends of August Why it should be called the Gule of August I cannot otherwise conjecture but that it cometh of the Latine gula or the French gueulae the throat The reason of my conjecture is in Durands rationalâ— divinorum lib. 7. cap. de festo Sancti Petri ad vincula who saith that one Quirinus a Tribune having a Daughter that had a disease in her throat went to Alexander then Pope of Rome the sixth from Saint Peter and desired of him to borrow or see the chaines that Saint Peter was chained with under Nero which request obtained his said Daughter kissing the said chain was cured of her disease and Quirinus with his family was baptized Tunc dictus Alexander papa saith Durand hoc festum in Kalendis Augusti celebrandum instituit in honorem beati Petri Ecclesiam in urbe fabricavit ubi vincula ipsa reposuit ad vincula nominavit Kalendis Augusti dedicavit In quafestivate populus illic ipsa vincula hedie osculatur So that this day being before called onely the Kalends of August was upon this occasion afterward tearmed indifferently either of the instrument that wrought this miracle S. Peters day ad vincula or of that part of the maiden whereon the miracle was wrought the Gule of August
Christian hath this means to remoove it to the Kings Court Reg. orig f. 35. b. See Old nat br fol. 31. the Regist fol. 35. and Britton cap. 109. fol. A. Indictments Indictamentum See Indightment Indivisium is used in the common Law for that which two hold in common without partition Kitchin fol. 241. in these words He holdeth pro indiviso c. Indorsementum indorsamentum signifieth in the Common law a condition written upon the other side of an obligation West part 2. symb Sect. 157. Infang aliâs infeng significat quietantiam prioris prisae ratione convivii Flet. lib. 1. cap. 47. Infangthef Hingfangthefe or Infangtheof is compounded of three Saxon words the preposition In fang or fong to take or catch and theft it signifieth a privilege or liberty granted unto Lords of certain Manors to judge any thief taken within their fee. Bract. lib. 3. tract 2. cap. 8. In the laws of King Edward set out by M. Lamberd nu 26. you have it thus described Infangthefe Iustitia cognoscentis latronis sua est de homine suo si captus fuerit super terram suam Illi verò qui non habent has consuetudines coram justicia regia rectum faciant in Hundredis vel in Wapentachiis vel in Scyris The definition of this see also in Britton fol. 90. b. and Roger Hoveden parte poster saorum annalium fol. 345. b. M. Skene de verborum significat verbo Infangthefe who writeth of it at large reciting diversity of opinions touching this and outfangthief Fleta saith that in fangtheef for so he writeth it dicitur latro captus in terra alicujus seisitus aliquo latrocinio de suis propriis hominibus lib. 1. ca. 47. § Infangtheef Information See Enditement See new Terms of Law Informer informator in French informature is an officer belonging to the Exchequer or Kings Bench that denounceth or complaineth of those that offend against any pennal Statute They are otherwise called promotors but the men being bashfull of nature doe blush at this name these among the Civilians are called delatores Informatus nonsum is a formal answer of course made by an Atturney that is commanded by the Court to say what he thinketh good in the defence of his Client by the which he is deemed to leave his Client undefended and so judgement passeth for the adverse partie See the new book of Entries titulo Nonsum informaus And Judgement 12. Ingressu is a Writ of Entrie that is whereby a man seeketh entrie into Lands or Tenements it lyeth in many divers cases wherein it hath as many diversities of formes See Entrie This Writ is also called in the particular praecipe quod reddat because those be formall words in all Writs of entry The Writs as they lye in divers cases are these described in the Old nat br Ingressu ad terminum qui praeteriit fol. 121. Origin Regist. fol. 227. which lieth where the Lands or Tenements are let to a man for term of years and the Tenant holdeth over his term Ingressu dum non fuit compos mentis fol. 223. original Regist fol. 218. which lieth were a man selleth Land or Tenement when he is out of his wits c. Ingressu dum fuit infra atatem fol. 123. Register original fol. 228. which lieth where one under age selleth his Lands c. Ingressu super disseisina in le quibus fol. 125. Register origin fol. 229. which lieth where a man is disseised and dieth for his heir against the disseisour Ingressu in per fol. 126. origin Regist fol. 229. Ingressu sur cui in vita fol. 128. original Register fol. 239. both which see in Entry Ingressu causa matrimonii praelocuti fol. 130. original Register fol. 233. which see Causa matrimonii praelocuti Ingressu in casu proviso fol. 132. Regist origin fol. 235. which see Casu proviso Ingressu cui ante divorâ—ium fol. 130. original Register fol. 233. for which see Cui ante divortium Ingressu in consimili casu fol. 233. original Register fol. 236. for which see Consimili casu Ingressu sine consensu capituli fol. 128. original register fol. 230. for which see Sine assensu capituli Ingressu ad communem legem fol. 132. original Register fol. 234. which lieth where the Tenent for term of life or of anothers life Tenant by courtesie or Tenant in Dower maketh a feofment in fee and dyeth he in reversion shall have the foresaid writ against whomsoever that is in the land after such feofment made Ingrossing of a fine is making the Indentures by the Chirographer and the delivery of them to the party unto whom the cognisance is made Fi zh eb nat br fol. 147. A. Ingrosser ingrossator cometh of the French Grosseur i. crassitudo or Grosier i. Solidarius venditor It signifieth in the Common law one that buyeth corn growing or dead victual to sell again except Barly for mault Oats for Oatmeal or victuals to retail badging by licence and buying of oyles spices and victuals other than fiish ot salt anno 5. Edw. 6. cap. 14. anno 5. Elizab. cap. 14. anno 13. Elizab. cap. 25. these be M. Wests words parte 2. symbol titulo Inditements Sect. 64. Howbeit this definition rather doth belong to unlawful ingrossing than to the word in general See Forstaller Inheritance haereditas is a perpetuity in ands or tenements to a man and his heirs For Littleton ca. 1. li. 1. hath these words And it is to be understood that this word inheritance is not only 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 said inheritance for that that his heirs may inherit him Several inheritance is that which two or more hold severally as if two men have land given them to them the heirs of their two bodies these have joint estate during their lives but their heirs have several inheritance Kitchin fol. 155. See the new Terms of law verbo Enheritance Inhibition Inhibitio is a writ to inhibit or forbid a Judge from farther proceeding in the cause depending before him See Fitz. nat br fo 39. where he putteth prohibition inhibition together inhibition is most commonly a writ issuing out of a higher Court Christian to a lower and inferiour upon an appeal anno 24 H. 8. cap. 12. and prohibition out of the Kings Court to a Court Christian or to an inferiour Temporal Court Injunction injunctio is an interlocutory decree out of the Chancerie sometimes to give possession unto the Plaintiff for want of apparence in the Defendant sometime to the Kings ordinary Court and sometime to the Court Christian to stay proceeding in a cause upon suggestion made that the rigour of the law if it take place is against equity and conscience in that case See West parte 2. symb titulo Proceeding in Chancery Sect. 25. Inlawgh Inlagatus vel homo
sub lege signifieth him that is in some franck pledge of whom take Bractons words li. 3. tract 2. ca. H. nu 5. Minor vero qui infra aetatem duodecim annorum fuerit utlagari non potest nec extra legem pont quiae ante talem aetatem non est sub lege aliqua nec in decenna non magis quam foemina quae utlagari non potest quiae ipsa non est sub lege i. Inlowghe anglice sc in franco plegio sive decenna sicut masculus duodecim annorum ulterius c. Inlaughe significat hominem subjectum lege Fleta lib. 1. cap. 47. Inlagary Inlagatio is a restitution of one outlawed to the Kings protection and to the benefit or estate of a subject Bracton lib. 3. tract 2. cap. 14. nu 6 7 8. Britton cap. 13. Inmates are those that be admitted to dwell for their money jointly with an other 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 inquiral in a Leet Kitchin fol. 45. where you may read him at large who be properly Inmates in intendment of law and who not Imprison anno 18. Ed. 3. statu 4. cap. unico seemeth to signifie so much as an attempt comming of the French Empris which is all one with Enterpris an enterprite Inquirendo is an authority given to a person or persons to inquire into something for the Kings advantage which in what cases it lyeth see the Register original fol. 72.85.124.265.266.179.267 Inquisition Inquisitio is a maner of proceeding in matters criminal by the office of the Judge which Hostiensis defineth thus Inquisitio nihil aliud est quam alicujus criminis manifesti ex bono aequo Judicis competentis canonice facta investigatio ca. qualiter de accusatio in the Decretales this course we take here in England by the great inquest before Iustices in Eyre See Eyre and the places in Bracton and Britton there noted Inquisition is also with us used for the King in temporal causes and profits in which kind it is confounded with Office Stawnford praerogativ fol. 51. See office Inrolement Irrotulatio is the Registring recording or entring of any lawful act in the Rolles of the Chancerie as recognisance acknowledged or a Statute or a Fine levied See West parte 2. symbol titulo Fines Sect. 133. Insimul tenuit is one species of the writ called a Formdon See Formdon Intakers be a kind of Thieves in Ridesdall anno 9. H. 5. ca. 8. so called as it seemeth because they dwelling within that liberty did receive in such booties of cattel or other things as the out parters brought in unto them See Out parters Interdiction Interdictio is used in the Common law in the same signification that it hath in the Canon law where it is thus defined Interdictio est censura ecclesiastica prohibens administrationem divinorum c. quod in te de poenitent remiss in the Decretals and thus is it used an 24. H. 8. ca. 12. Interpleder See Enterpleder Intrusion intrusio by Bracton lib. 4. cap. 2. is thus defined Intrusio est ubi quis cui nullum jus competit in re nec scintilla Iuris possessionem vacuam ingreditur quae nec corpore nec animo possidetur sicut haereditatem jacentem antequam adita fuerit ab haerede vel saltem à domino capitali ratione custodiae vel ratione eschaetae si forte haeredes non existant vel si post mortem alicujus per finem factum â—â—l per modum donationis ubi successio sibi locum vendicare nonpossit vel si post mortem alicujus qui tenuit ad vitam debeat tenemen um reverti ad proprietarium ponat quis se in seisinam antequam tenementum illud veniat ab illis ad quem pertinere deberet ex praedictis causis with whom agreeth Fleta lib. 4. cap. 30. sect 1. 2. See Britton cap. 65. to the same effect See the new book of Entries verb. Entrusion See Entrusion See Disseisin the Author of new Terms of law would have intrusion especially after the tenant for life is deceased Verbo Abatement and abatement in all other cases But I find not any Latine word for Abatement but intrusio so that 1 rather think these two English words to be Synonyma and Fleta cap. supra citato seemeth direct against this his opinion Intrusione is a Writ that lyeth against the Intruder Regist fol. 233. Inventarie inventarium is a description or repertory orderly made of all dead mens goods and Cattels prized by four credible men or more which every Executor or Administrator ought to exhibite to the Ordinary at such times as he shall appoint the same West parte prim Symb. lib. 2. sect 696. where likewise you may see the form This Inventary proceedeth from the Civil Law for whereas by the antient Law of the Romans the Heir was tyed to answer all the Testators debts by which means heritages were prejudicial to many men and not profitable Justinian to encourage men the better to take upon them this charitable office ordained that if the Heir would first make and exhibite a true Inventary of all the Testators substance comming to his hand he should be no further charged than to the value of the Inventary l. ult Cod. de Jure deliberando Invest investire commeth of the French word Invester and signifieth to give possession Hear Hotoman de verbis feudalibus verbo Investitura Investitura barbarum nomen barbaricam quoque rationem habet Nam ut ait Feudista lib. 2. tit 2. Investitura propriè dicitur quando hasta vel aliquod corporeum traditur à domino with us we use likewise to admit the Tenant by delivering them a verge or rodd into their hands and ministring them an oath which is called Investing Others define it thus Investitura est alicujus in suum jus introductio Inure signifieth to take effect as the pardon inureth Stawnf praerog fol. 40. See Enure JO Joynder is the coupling of two in a sute or action against another Fitzh nat br fol. 118. H. 201. H. 221. H. in many other places as appeareth in the Index verbo Joynder Joynt tenants fimul tenentes liber intrationum titulo Formdon in vieu 3. be those that come to and hold Lands or Tenements by one title pro indiviso or without partition Littleton lib. 3. cap. 3. and Terms of Law See Tenants in common Joyning of issue Junctio exitus See Issue Joynture Junctura is a covenant whereby the husband or some other friend in his behalf assureâ—h unto his wife in respect of mariage lands or tenements for term of her life or otherwise See West part 2. Symbol lib. 2. titulo Covenants sect 128. and the new exposition of the law Terms It seemeth to be caled a Joynture either because it is granted ratione juncturae in matrimonio or because the land in Frank mariage is given
joyntly to the Husband and the Wife and after to the Heirs of their bodies whereby the Husband and Wife be made joynt tenants during the coverture Coke lib. 3. Butler and Bakers case f. 27. b. See Frank mariage Joynture is also used as the abstract of Joynt tenants Coke lib. 3. the Marquess of Winchesters Case fol. 3. a. b. Junctura is also by Bracton and Fleta used for joyning of one bargain to another Fleta lib. 2. cap. 60. touching the self-same thing and therefore joynture in the first signification may be so called in respect that it is a bargain of livelihood for the wife adjoyned to the contract of mariage Journ Choppers anno 8 Hen. 6. cap. 5. be regraters of yarn Whether that we now call yarn were in those daies called journ I cannot say but Choppers in these dayes are well known to be changers as choppers of Churches c. Journeyman commeth of the French Journee that is a day or dayes work which argueth that they were called Journeymen that wrought with others by the day though now by Statute it be extended to those likewise that covenant to work in their occupation with another by the year anno quinto Elizabeth cap. quarto IS Issue Exitus commeth of the French Issir i. emanare or the Substantive Issue i. exitus eventus It hath divers applications in the common Law sometime being used for the children begotten between a man and his wife sometime for profits growing from an amercement or fine or expences of sute sometime for profits of lands or tenements West 2. anno 13. Edw. prim cap. 39. sometime for that point of matter depending in sute whereupon the parties joyn and put their cause to the trial of the Jury and in all these it hath but one signification which is an effect of a cause proceeding as the children be the effect of the mariage between the Parents the profits growing to the King or Lord from the punishment of any mans offence is the effect of his transgression the point referred to the trial of twelve men is the effect of pleading or processe Issue in this last signification is either general or special General issue seemeth to be that whereby it is referred to the Jury to bring in their verdict whether the Defendant have done any such thing as the Plaintiff layeth to his charge For example if it be an offence against any Statute and the Defendant plead not culpable this being put to the Jury is called the General issue and if a man complain of a private wrong which the Defendant denieth and pleads no wrong nor disseisin and this be referred to the 12. it is likewise the General issue Kitchin fol. 225. See the Doctor and Student fol. 158. b. The Special issue then must be that where special matter being alleged by the Defendant for his defence both the parties joyn thereupon and so grow rather to a Demurrer if it be quaestio Juris or to tryal by the Jury if it be quaestio facti See the new Book of Entries verbo Issue JU Juncture See Joynture Jure patronatus See the new Book of Entries verbo Jure patronatus in quare impedit fol. 465. col 3. Jurie Jurata commeth of the French Jurer i. jurare it signifieth in our Common law a company of men as 24. or 12. sworn to deliver a truth upon such evidence as shall be delivered them touching the matter in question Of which trial who may and who may not be empanelled see Fitzh nat brev fol. 165. D. And for better understanding of this point it is to be known that there be three manner of trials in England one by Parliament another by Battel and the third by Assize or Jury Smith de Repub. Anglorum lib. 2. cap. 5 6 7. touching the two former read him and see Battel and Combat and Parliament the trial by Assise be the action civil or criminal publike or private personal or real is referred for the fact to a Jury and as they find it so passeth the Judgement and the great favour that by this the King sheweth to his Subjects more than the Princes of other Nations you may read in Glanvil lib. 2. cap. 7. where he called it Regale beneficium clement is principis de consilio procerum populis indultum quo vitae hominum Status integritats tam salubriter consulitur ut in jure quod quis in libero soli tenemento possidet retinendo duelli casum declinare possint homines ambiguum c. see the rest This Iury is not used only in Circuits of Justices Errant but also in other Courts and matters of Office as if the Escheatour make inquisition in any thing touching his Office he doth it by Jury or Inquest if the Coroner inquire how a subject found dead came to his end he useth an Inquest the Justices of Peace in their Quarter Sessions the Sheriff in his County and Turn the Bayliff of a Hundred the Steward of a Court Leet or Court Baron if they inquire of any offence or decide any cause between party and party they doe it by the same manner So that where it is said that all things be triable by Parliament Battel or Assise Assise in this place is taken for a Jury or Enquest empanelled upon any cause in a Court where this kind of trial is used and though it be commonly deemed that this custom of ending and deciding causes proceed from the Saxons and Britons and was of favour permitted unto us by the Conquerour yet I find by the grand Customarie of Normandy cap. 24. that this course was used likewise in that Country For Assise is in that Chapter defined to be an assembly of wise men with the Bayliff in a place certain at a time assigned forty dayes before whereby Justice may be done in causes heard in the Court. Of this custom also and those Knights of Normandie Johannes Faber maketh mention in the Rubrique of the Title de militari testamento in Institut this Jury though it appertain to most Courts of the Common law yet is it most notorious in the half-year Courts of the Justices errants commonly called the great Assises and in the quarter Sessions and in them it is most ordinarily called a Jury And that in civil causes whereas in other Courts it is oftener termed an Enquest and in the Court Baron the Homage In the general Assise there are usually many Juries because there be store of causes both civil and criminal comonly to be tried whereof one is called the Grand Jury and the rest Petit Juries whereof it seemeth there should be one for every Hundred Lamb. Eirenar lib. 4. cap. 3. pag. 384. The Grand Jury consisteth ordinarily of 24. grave and substantial Gentlemen or some of them Yeomen chosen indifferently out of the whole Shire by the Sheriff to consider of all Bils of Inditement preferred to the Court which they doe either approve by writing upon them these
lying neer one another and consenting to have their bounds severally known It is directed to the Shyreeve commanding him to make perambulation and to set down their certain limits between them Of this read more at large in Fitz. nat br fol. 133. See Rationalibus divisis See the Regist orig fol. 157. and the new book of Entries verbo Perambulatione facienda Perche pertica is a French word signifying a long pole It is used with us for a rod or Pole of sixteen foot and a half in length Whereof Fourty in length and four in breath make an acre of ground Cromptons Jurisdict fol. 222. Yet by the custom of the country it may be longer as he there saith For in the Forest of Sherwood it is 25. foot fol. 224. M. Skene de verbor signif verbo Particata terrae saith that particata terrae is a Rood of land where he hath also these words in effect Three beer corns without tails set together in length make an inch of the which corns one should be taken off the middle ridge another of the side of the ridge another of the furrow Twelve inches make a foot of measure three foot and an inch make an elne six elnes long make one fall which is the common lineal measure and six elnes long and six broad make a square and superficiall fall of measured land And it is to be understood that one rod one raip one lineall fall of measure are all one for each one of them containeth six elnes in length Howbeir a rod is a staff or pole of wood a rasp is made of tow or hemp And so much land as fall thunder the rod or raip at once is called a fall of measure or a lineal fall because it is the measure of the line or length only Like as the superficiall fall is the measure both of length and bredth Item ten falls in length and four in breadth make a Rood four Roods make and acre c. This is the measure of Scotland whereof you may read more in the same place Perdonatio utlagariae in the Register judiciall fol. 28. is the form of pardon for him that for not comming to the Kings court is out-lawed and afterwards of his own accord yeeldeth himself to prison Peremptory peremptorius commeth of the verb perimere to cut off and joyned with a substantive as action or exception signifyeth a finall and determinate act without hope of renewing So Fitzh calleth a peremtory action nat br fol. 35. P. fol. 38. M. fol. 104. O. Q R. fol. 108. D. G. and non-sute peremptory idem eodem fol. 5. N. F. fol. 11. A peremptory exception Bracton li. 4. cap. 20. Smith derep Anglorum li. 2. cap. 13. calleth that a preremptory acception which can make the state and an issue in a cause Perinde valere is a dispensation graunted to a Clerk that being defective in his capacity to a benefice or other ecclesiastical function is de facto admitted unto it And it hath the appellation of the words which make the faculty as effectual to the party dispensed with as if he had been actually capable of the thing for which he is dispensed with at the time of his admission Perkins was a learned Lawyer fellow and bencher of the inner Temple that lived in the daies of Edw. the 6. and Queen Mary He wrote a book upon divers points of the common Law of very great commendation Permutatione Archidiaconatus ecclesiae eidem annexe cum ecclesia et praebenda is a writ to an Ordinary commanding him to admit a clerk to a benefice upon exchange made with another Regist orig fol. 307. a. Pernour of profits cometh of the French verb. prendere i. acciperâ— and signifieth him that taketh as pernour of profits anno 1 H. 7 ca. pri Pernour de prosits et cesti que use is all one Coke li. i. casu Chuâ—ley fol. 123. a. See Pernour anno 21. R. 2. ca. 15. Per quae ervitia is a writ judicial issuing from the note of a fine and lyeth for the cognizee of a maner seignory chief rent or other services to compell him that is tenant of the land at the time of the note of the fine levyed to atturn unto him West parte 2. symbol titulo Fines-Sect 126. To the same effect speaketh the old nat br fol. 155. See also the new book of Entries verbo per quae servitia Perquesite perquesitum signifyeth in Bracton any thing purchased as per quisitum facere lib. 2. cap. 30. numb 3. lib. 4. cap. 22. perquisites of court be those profits that grow unto the Lord of a maner by vertue of his Court Baron over and above the certain and yearly profits of his land as escheats mariages goods purchased by villeins fines of copie holds and such like New Termes of the Law Person See Parson Personable signifyeth as much as inhabled to hold or maintain plee in a court For example the demaundant was judged personably to maintain this action Old nat br fol. 142. and in Kitchin fol. 214. The tenent pleaded that the wife was an alien born in Portingall without the ligeance of the King and judgement was asked whether she would be answered The Plaintiff saith she was made personable by Parliament that is as the Civilians would speak it habere personam standi in judicio Personable is also as much as to be of capacity to take any thing granted or given Plowden casu Colthirst fol. 27. b. Personal personalis hath in our common Law one strange signification being joyned with the substantive things goods or Chatels as things personal goods personal Chatels personal for thus it signifieth any corporeal and moveable thing belonging to any man be it quick or dead So it is used in Westm par 2. symbol titulo Inditements sect 58. in these words Theft is an unlawfull fellonious taking away another mans moveable personal goods And again fol. 61. Larcency is a felonious taking away of anothers mans moveable personall goods and Kitchin fol. 139. in these words Where personal things shall be given to corporation as a horse a cow an oxe sheep hogs or other goods c. and Stawnford pl. cor fol. 25. Contrectatio rei alienae is to be understood of things personal for in things real it is not felony as the cutting of a tree is not fellony The reason of this application see Chattel Personalty personalitas is an abstract of personall The action is in the personalty old nat br fol 92. that is to say brought against the right person or the person against whom in law it lyeth I find these contrary words Personalitas impersonalitas in the Author of the book called vocabularius utriusque juris as for example Personalitas significatur per has dictiones tu mihi ego tibt cum alio significato quod probbialiter oencluditur si nullo modo concludatur tunc est impersonalttas quia actum vitiat pront ratio dictat verbi gratia
Remembrancers of the Exchequer Rememoratores be three Officers or Clerks one called the Kings Remembrancer anno 35 El. cap. 5. The other the Lord Treasurers Remembrancer upon whose charge it seemeth to lye that they put all Justices of that Court as the Lord Treasurer and the rest in remembrance of such things as are to be called on and dealt in for the Princes behoof The third is called the Remembrancer of the first-fruits Of these you may read something anno quinto Rich. 2. stat pri cap. 14. 15. to the effect above specified These anno 37 Ed. 3. cap. 4. be called Clerks of the Remembrance It seemeth that the name of this Officer is borrowed from the Civilians who have their Memorales qui sunt notarii Cancellâ—riae in regnò subjecti officio Quaestoris Lucas de penna C. lib. 10. tit 12. nu 7. The Kings Remembrancer entreth in his Office all recognisances taken before the Barons for any the Kings Debts for apparences or for observing of Orders He takes all bonds for any of the Kings debts or for appearance or for observing of Orders and maketh Proces upon them for the breach of them He writeth Proces against the Collectors of customs and subsidies and fifteenths for their accounts All informations upon penal Statutes are entred in his Office And all matters upon English-Bills in the Exchequer-chamber are remaining in his Office He maketh the Bills of compositions upon penal Laws taketh the stallments of debts maketh a Record of a Certificate delivered unto him by the Clerk of the Star-chamber of the fines there set and sendeth them to the Pipe He hath delivered unto his Office all manner of indentures fines and other evidences whatsoever that concern the assuring of any lands to the Crown He yearly in crastino animarum readeth in open Court the Statute for the election of Shyreeves and giveth those that chuse them their oath he readeth in open Court the Oath of all the Officers of the Court when they are admitted The Treasurers remembrancer maketh process against all Shyreeves Escheators Receivers and Bayliffs for their accompts He maketh process of Fierifacias and Extent for any debts due to the King either in the Pipe or with the Auditors He maketh process for all such Revenew as is due to the King by reason of his Tenures He maketh Record whereby it appeareth whether Shyreeves and other accountants pay their profers due at Easter and Michaelmas He maketh another Record whereby it appeareth whether Shyreeves and other Accountants keep their daies of prefixion All Extreats of Fines Issues and Amerciaments set in any Courts of Westminster or at the Assises or Sessions are certified into his Office and are by him delivered to the Clerk of Extreats to write Proces upon them He hath also brought into his Office all the accompts of Customers Controllers and other accomptants to make thereof an entry of Record The Remembrancer of the first fruits taketh all compositions for first Fruits and Tenths and maketh Process against such as pay not the same Remitter commeth of the French remettre i. restituere reponere and signifieth in our Common law a restitution of one that hath two Titles to Lands or Tenements and is seised of them by his latter Title unto his Title that is more antient in case where the latter is defective Fitzherberâ— natura brev fol. 149. F. Dyer folio 68. num 22. This in what Case it may be granted to any man see in Brook titulo Remitter and the Terms of Law The Doctor and Student of this matter hath these words If land descend to him that hath right to that Land before he shall be remitted to his better Title if he will Ca. nono fo 19. b. See the new Book of Entries verbo Remitter Render commeth of the French Rendre i. reddere retribuere restituere and signifieth in our Common law the self-same thing For example this word is used in levying of a fine For a Fine is either single by which nothing is granted or rendred back again by the Cognizee to the Cognizour or double which containeth a grant or render back again of some Rent common or other thing out of the Land it self to the Cognisor c. West parte 2. Symbol titulo Fines Sect. 21 30. F. Also there be certain things in a Manor that lie in Prender that is which may be taken by the Lord or his Officer when they chance without any offer made by the Tenant as the Ward of the body of the Heir and of the Land Escheats c. and certain that lye in Render that is must be delivered or answered by the Tenant as Rents Reliefs Heriots and other services Idem codem Sect. 126. C. Also some service consisteth in seisance some in Render Perkins Reservations 696. Rent reditus commeth of the French Rent i. vectigal pensitatio annua and signifieth with us a sum of mony or other consideration issuing yearly out of Land or Tenements Plowden casu Browning fol. 132. b. fol. 138. a. 141. b. There be three sorts of Rents observed by our Common Lawyers that is Rent service Rent charge and Rent seck Rent service is where a man holdeth his Land of his Lord by Fealty and certain Rent or by Fealty Service and certain Rents Littleton lib. 2. cap. 12. fol. 44. or that which a man making a Lease to another for term of years reserveth yearly to be paid him for the same Terms of Law verbo Rents who giveth this Reason thereof because it is in his liberty whether he will distrein or bring an action of Debt A Rent charge is that which a man making over an estate of his Land or Tenements to another by deed indented either in fee or fee tail or lease for term of life reserveth to himself by the said Indenture a sum of Mony yearly to be paid unto him with clause of distress or to him and his heirs See Littleton ubi supra A Rent seck otherwise a dry Rent is that which a man making over an Estate of his Land or Tenement by Deed indented reserveth yearly to be paid him without clause of Distresse mentioned in the Indenture Littleton ubi supra And Terms of the Law verbo Rents See the new Expositor of Law Terms See Plowden casu Browning fol. 132. b. See the differences between a Rent and an Annuity Doctor and Student cap. 30. Dialog primo Reparatione facienda is a writ which lyeth in divers cases whereof one is where three be Tenants in Common or Joynt tenents or pro indiviso of a Mill or house which is fallen into decay and the one being willing to repair it the other two will not In this Case the party willing shall have this writ against the other two Fitz. nat br fol. 127. where read at large the form and many uses of this writ as also in the Regi orig fol. 153. b. Repeal commeth of the French Rappel i. Revocatio and
travers Stawnf praerog fo 96. to tend an averment Brit. cap. 76. Tender seemeth to come of the French Tendre i. tener delicatus and being used adjectively signifieth in English speech as much as it doth in French But in our Common law it is used as a verb and betokeneth as much as carefully to offer or circumspectly to endeavour the performance of any thing belongingunto us to tender As rent is to offer it at the time and place where and when it ought to be paid To tender his law of non summons Kitchin fo 197. is to offer himself ready to make his Law whereby to prove that he was not summoned See law See make Tenementis legatis is a Writ that lyeth to London or other corporation where the custome is that men may demise tenements by their last will as well as their goods and chatels to whom they list for the hearing of any controversie touching this matter and for the rectifying of the wrong Reg. orig f. 244. b. Tenant alias tenent tenens commeth either of the Latine tenere or of the French tenir and signifieth in our Common law him that possesseth Lands or tenements by any kind of right be it in fee for life or for years This word is used with great diversity of Epithits in the Law sometime signifying or importing the efficient cause of possession as Tenent in Dower which is she that possesseth land c. by vertue of her Dower Kitchin fol. 160. Tenent per statute Merchant Idem fol. 172. that is he that holdeth land by vertue of a Statute forfeited unto him Tenent in frank mariage Kitchin fol. 158. viz. he that holdeth land or tenement by reason of a gift thereof made unto him upon mariage between him and his wife Tenent by the courtesie Idem fol. 159. i. he that holdeth for his life by reason of a child begotten by him of his wife being an Inheritrix and born alive Tenent per elegit Idem fol. 172. i. he that holdeth by vertue of the writ termed Elegit Tenent in Mortgage Idem fol. 38. is he that holdeth by vertue of a mortgage or upon condition that if the lessor pay so much mony at such a day that he may enter and if not that the seassee shall have a fee simple fee tayl or freehold Sometime these Epithites import the manner of admittance as Tenent by the Verge in antient demeâ—n Idem fol. 81. is he that is admitted by the Rod in a Court of antient demesn Sometime the evidence that he hath to shew for his estate as Tenent by copy of Court roll which is one admitted Tenant of any Lands c. within a Manor that time out of the memory of man by the use and custome of the said Manour have been demisable and demised to such as will take the same in fee fee tayl for life years or at will according to the custome of the said manor West parte prim symb li. 2 sect 646 whom read more at large Again Tenent by charter is he that holdeth by feoffment in writing or other deed Kitchin fol. 57. Sometime these Epithites signifie that duty which the Tenent is to perform by reason of his tenure As Tenent by Knight service Tenents in burgage Tenent in soccage Tenent in frank fee tenent in villenage Sometime they import the estate of the Tenent or his continuance in the Land as Tenent in fee simple Kitchin fol. 150. Tenent in fee tayl Idem fol. 153. Tenent at the will of the Lord according to the custome of the manner Idem fo 132 165. Tenent at will by the Common law Idem eodem Tenent upon sufferance Idem fol. 165. Tenent of state of Inheritance Stawnford praeroge fol. 6. Sometime they contain a relation toward the Lord of whom he holdeth as tenent in chief i. he that holdeth of the King in the right of his Crown Fitzher nat br fol. 5. F. Tenent of the King as of the person of the King Idem eodem or as of some honor eodem Very tenent i. he that holdeth immediately of his Lord Kitchin fol. 99. For if there be Lord Mesn and tenent the tenent is very tenent to the Mesn but not to the Lord above Tenent paravailes pl. cor 197. Fitzh nat br fo 136. D. is the lowest Tenent and farthest distant from the Lord Paramount It seemeth to be Tenent Per availe See Dyers Commentaries fol. 25. nu 156. No tenent in right to the Lord but Tenent for the avowry to be made Littleton fol. 96. Sometime they have a relation between Tenents and Tenents in several kinds as Joynt tenents i. they that have equal right in lands and tenements and all by vertue of one title Litleton lib. 3. cap. 3. Tenents in Common be they that have equal right but hold by divers titles as one or more by gift or descent and others by purchase Idem eodem cap. 4. Particular tenent Stawnf Praerog fol. 13 that is he which holdeth only for his term as tenent in dower tenent by the courtesie or otherwise for life West parte 2. Symbol titulo Fines Sect. 13. G. See anno 32 H. 8. cap. 31. and Coke in Sir William Pellams case lib. 1. fo 15. a. they be termors for years or life See Plowden casu Colthirst fol. 22. b. Sole tenent Kitchin 134. i. he that hath none other joyned with him If a man and his wife hold for both their lives and the man dyeth he dyeth not sole tenent Idem eodem Several tenent is opposite to joynt tenents or tenents in common See Several tenenoy Tenent al praecip is he against whom the writ Praecipe is to be brought Cokes Reports lib. 3. The case of Fines fo 88. a. Tenent in demesn anno 13 Ed. 1. cap. 9. anno 32 H. 8. ca. 37. is he that holdeth the demeans of a manor for a rent without fervice Tenent in service anno 20 Ed. 1. stat 1 is he that holdeth by service v. Britton cap. 79. in principio cap. 96 Car fealtic c. â—â—el quaere whether he may be termed tenent in Demein that holdeth some of the demeans howsoever and he tenent in service which is a Free-holder to a Manor holding by service for the Free-holds of a Manor are not accounted of the demesn but only that which the Lord keepeth in his own hand or letteth out by copy according to the custome of the Manor Tenent by execution anno 32 Henry 8. cap. 5. is he that holdeth Land by vertue of an execution upon any Statute Recogn zance c. Tendeheved decanus vedcaput decem familiarum of this see Rogen Hovedon parte poster suorum annalium fol. 346 a. See Frank pledge Tenement tenementum is diversly used in the Common law most properly it signieth a house or home Stall but in a larger sig nfication it is taken either for house or land that a man holdeth of another And joyned with the Adjective Frank in our Lawyers French it
in every Tun anno 12 Edw. 4. ca. 3. anno 6 H. 8. ca. 14. anno pri Ed. 6. ca. 13. anno pri Jacobi ca. 33. I have heard it also called a duty due to the Mariners for unloading their Ship arrived in any Haven after the rate of every Tun. Torny See Turney Totted anno 42 Edw. 3. cap. 9. anno 1 Ed. 6. cap. 15. is a word used of a debt which the forein Apposer or other Officer in the Exchequer noteth for a good debt to the King by writing this word Tot unto it Tourn See Turn Tout tempa prist uncore est that is to say in English Alway ready and is at this present This is a kind of Plee in way of excuse or defence unto him that is sued for with-holding any debt or duty belonging to the Plaintiff See of this Broke his Abridgement fol. 258. TR Traile baston See Iustices of trial baston Traitor traditor proditor See Treason Transgressione is a writ called commonly a writ or action of Trespass Of this Fitzherbert in his Natura brevium hath two sorts one Vicountiel so called because it is directed to the Sheriff and is not returnable but to be determined in the County The form whereof differeth from the other because it hath not these words Quire vi armis c. and this see in Fitzherberts natura brev fol. 84 G. The other is termed a writ of trespasse upon the case which is to be sued in the Common bank or the Kings Bench in which are alwaies used these words vi et armis c. And of this you have Fitzh nat br f. 92. E. See Trespass See the divers use of this writ in the Register original in the Table Transcript anno 34 35 H. 8. cap. 14. is the copy of any original written again or exemplified Transcripto Recognitionis factae coram Justiciariis itinerantibus c. is a writ for the certifying of a Recognizance taken before Iustices in Eyre into the Chancery Regist orig fol. 152. b. Transcripto pedis finis levati mittendo in Cancellariam is a writ for the certifying of the foot of a fine levyed before Justices in Eyre c. into the Chancery eodem fol. 169. et Register judicial fol. 14. Travers commeth of the French Traverser iâ—transfigere It signifieth in our Common law sometime to deny sometime to overthrow or undo a thing done Touching the former signification take these words in Wests Symbol parte 2. titulo Chancery Sect. 54. An answer saith he speaking of an answer to a bill in Chancery is that which the Defendent pleadeth or saith in Bar to avoid the Plaintiffs bill or action either by confession and avoiding or by denying and traversing the material parts thereof And again Section 55. A replication is the Plaintiffs speech or answer to the Defendants answer which must affirm and pursue his bill and confess and avoid deny or traverse the Defendants answer And the formal words of this traverse are in Lawyers French sans ceo in Latine absque hoc in English without that See Kitchin fol. 227. titulo Affirmative et Negative In the second signification I find it in Stawnfords praerog cap. 20. through the whole Chapter speaking of traversing an Office which is nothing else but to prove that an Inquisition made of goods or lands by the Escheatour is defective and untruly made So traversing of an Inditement is to take issue upon the chief matter thereof which is none other to say than to make contradiction or to deny the point of the Inditement As in presentment against A. for a Highway over-flown with water for default of scowring a ditch which he and they whose estate he hath in certain land there have used to scowr and cleanse A. may traverse either the matter viz. that there is no Highway there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not the land c. or that he and they whose estate c. have not used to scowr the ditch Lamb. Earenarcha lib. 4. cap. 13. pag. 521 522. Of Traverse see a whole chapter in Kitchin fol. 240. See the new book of Entries verbo Traverse Treason traditio vel proditio commeth of the French trahison i. proditio and signifieth an offence committed against the the amplitude and Majesty of the Common wealth West parte secund symbol titulo Inditement sect 63. by whom it is there divided into High treason which other call altam proditionem and Petit treason High treason he defineth to be an offence done against the security of the Common wealth or of the Kings most excellent Majesty whether it be by imagination word or deed as to compass or imagine treason or the death of the Prince or the Queen his Wife or his Son and Heir apparent or to deflowre the Kings wife or his eldest Daughter unmarried or his eldest sons wife or levy war against the King in his Realm or to adhere to his enemies aiding them or to counterfeit the Kings great Seal privy Seal or mony or wittingly to bring false mony into this Realm counterfeited like unto the mony of England and utter the same or to kill the Kings Chancellor Treasurer Iustice of the one bench or of the other Iustices in Eyr Iustices of Assise Iustices of Oyer and Terminer being in his place and doing of his office anno 25 Ed. prim cap. 2. or forging of the Kings seal Manuel or privy signet privy seal or forein coyn current within the Realm anno 2 Mar. cap. 6. or diminishing or impairing of mony current anno 5 Eliz. cap. 11. et anno 14 El. ca. 3. et 18 Eliz. ca. pri and many other actions which you may read there and in other places particularly expressed And in case of this treason a man forfeiteth his lands and goods to the King only And it is also called treason Paramount anno 25 Ed. 3. ca. 2. The form of Iudgement given upon a man convicted of high treason is this The Kings Serjeant after the verdict delivered craveth Iudgement against the Prisoner in behalf of the King Then the Lord Steward if the traitor have been noble or other Iudge if he be under a Peer saith thus N. Earl of P. For so much as thou before this time hast been of these treasons indited and this day arraigned for the same and put thy self upon God and thy Peers and the Lords thy Peers have found thee guilty my Iudgement is that thou shalt be conveyed unto the Tower of London whence thou camest and from thence drawn through the midst of London to Tiburn and there hanged and living thou shalt be cut down thy bowels to be cut out and burnt before thy face thy head cut off and thy body to be divided into four quarters and disposed at the Kings Majesties pleasure and God have mercy upon thee Petit treason is rather described by examples than any where logically
distinction groweth from an event after the death of him that covenanteth to warrant But to make this plain I find warranty to be used equivocally signifying one sort the contract or covenant of warranty first made as appeareth by Bracton in the place formerly noted and in another sort the very effect and performance of this contract either by the Warrenter or his heirs when he or they be by the tenent thereunto vouched or called As also I shew out of Bracton lib. 5. tract 4. cap. pri nu 2. in these words Inprimis videndum est quid sit warrantizatio Et sciendum quòd warrantizare nihil aliud est quà m defendere acquietare tenentem qui warrantum vocabit in seisina sua c. VVith whom agreeth Fleta saying that Warrantizare nihil aliud est quam possidentem defendere lib. 5. ca. 15. § 1. lib. 6. cap. 23. quod lege per totum And the former division of lineal and collateral warranty rather belonging to warranty in the second signification than the former And that this way it is imperfect or at the least obscure I think it not hard to declare First to shew this I note out of Bracton who may be called to warranty And he lib. 5 tract 4. cap. pri num 5. saith thus Videndum est quis vocari possit ad warrantum sciendum quod tam maseulus quam foemina tam minor quà m major dism tamen si minor vocetur remane at platitum de warrantia in suspenso usque ad aetutem uisicausa fuerit ita favorabilis quòd aetas expectari non debeat sicut ex causa Dotis Item non solum vocandus est ad warrantum ille qui dedit vel vendidit verum etiam vocandi sunt eorum haeredes-descendentes in infinitum propter verba in Chartis contenta Ego haeredes mei warrantizabimus tali haeredibus suis c. Et in quo casu tenentur haeredes warrantizare sive sini propinqui sive remoti remotiores vel remotissimi Et quod de haeredibus dititur idem dici poterit de assignatis et de illis qui sunt locoallorum haeredum sicut sunt capitales Domini qui tenentibus suis quasi succedunt vel propter aliquem defectum vel propter aliqund delictum sicut de eschaetis Dominorum By which words we perceive that the burthen of this warranty is not tyed to heirs only be they in the descending or collateral line but that under this word Haeredes are comprised all such as the first warranters Lands afterwards come unto either by descent or otherwise ex causa lueraâ—iva So that if a man have twenty children yet if he will and may give his land to a Stranger leaving his children no land that Stranger in this case is his assign and is contained under this word Heir So if he commit felony after such warranty covenanted and forfeited his lands to his Lord by escheat the Lord is quesihares in this case and lyable to the warranty sormerly passed And in these two later cases warranty in the second signification seemeth to be neither lineal nor collateral and at the least as Littleton and the other Author have defined or by example expressed them But let us define these two species as they be wherefore lineal warranty is that which he is called unto by the Tenent upon whom the land warranted had descended if the warrantee had not been covenanted For example A. selleth to B. twenty acres land with clause of warranty and afterward dyeth leaving issue C. soon after B. is impleaded for this Land by D. and voucheth C. This is called a lineal warranty because but for it the land had descended from A. to C. Warranty collateral is that whereunto he is called by the Tenent upon the covenant of him from whom the Land could not descend to the party called For example B. the Son purchaseth Tenements in fee whereof A. his Father disseiseth him and selleth them to C. with a clause of warranty A. being dead C. is impleaded for the Tenements and calleth B. to warranty This warranty whereunto B. is called ia collateral because the Tenements if the warranty had not been covenanted by A. could not have descended from him to his Father A. for they were his own by purchase Many other examples there be of this in Littleton And this very case he maketh his example of warranty by disseisin as also of warranty collateral which plainly argueth that warranty by disseisin and warranty collateral are not distinct members of warrantee but may be confounded though one warranty may carry both names in divers respects For there is some warranty collateral that beginneth not by disseisin For example A. Tenent in tayl alienated to B. in fee and dyeth leaving issue C. afterward D. Brother to A. and Uncle to C. releaseth to B. with warranty and dying leaveth B. his heir being next of blood unto him This warraaty is collateral because it descendeth upon C. from his Vncle D. and yet it beginneth not by disseisin of his said Uncle Warranty hath a double effect one to debar him upon whom it descendeth from the first warranter as his next of blood from claiming the land warranted and another to make it good to the Tenent if by him he be vouched thereunto or else to give him as much other land by exchange But as the former of these effects taketh place with all heirs except those to whom the Land warranted was entailed and that reap no equivalent benefit by the first warranter anno 6 Ed. prim cap. 3. so the later prejudiceth none that receiveth not sufficient Land from the first warranter to make it good Bracton lib. 5. tractat 4. cap. 8. num prim cap. 13. num 2. In the Customary of Normandy cap. 5. you have vouchment de garant which the Interpreter translateth Vocamentum Garanti a voucher or calling of the warranter into the Court to make good his sale or gift Warrantia diei is a writ lying in case where a man having a day assigned personally to appear in Court to any action wherin he is sued is in the mean time by commandment imployed in the Kings service so that he cannot come at the day assigned This writ is directed to the Justices to this end that they neither take nor record him in default for that day Register original fol. 18. Of this you may read more in Fitzherb nat brev fol. 17. and fee Glanvile lib. prius cap. 8. Warrantia chartae is a writ that lyeth properly for him who is infeoffed in land or tenements with clause of warranty and is impleaded in an Assise or Writ of Entry wherein he cannot vouch or call to warranty for in this case his remedy is to take out this writ against the seoffor of his heir Regist. origin fol. 157. Fitzh nat brev fol. 134. Of this yon may likewise read Fleta lib. 6. cap. 35. and West parte 2. symb
such heirs c. This fee-Fee-tail hath the original from the statute of Westminster 2. cap. pri which was made anno 13 Edw. 1. Yet see Bracton lib. 2. cap. 5. num 3. in his verbis Item quaedam absoluta larga quaedam stricta coarctata sicut certis haeredibus To whom adde Plowden casu Willion fol. 235 a b seq 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 notwihstanding he might alienate and fell it at his pleasure much like that which the Civilians call Nudum praeceptum binding rather by counsel and advice than compulsion or restraint And this thing seeming unreasonable to the wisdome of our Realm because so a man meaning well to this or that posterity of himself or his friends might be forthwith deceived of his intention the said statute was made for redresse of this inconvenience whereby it is ordained that if a man give lands in fee limiting the Heirs to whom it shall descend with a reversion to himself or his Heirs for default c. that the form and true meaning of his gift shall be observed Wherefore in what conscience our Lawyers have invented means so easily to cut off this form of gift it is to be considered He that hath Fee then holdeth of another by some duty or other which is called service and of this service and the diversity thereof See Chivalrieâ— and Service He that will learn from what fountain these Feuds or Fees did first spring let him read Antonius Contius his first chapter de methodo feudorum where he shall receive great light for his guide into so obscure a dungeon See Leige This word Fee is sometimes used with us for the compasse or circuit of a Lordship or Manner Bracton lib. 2. cap. 5. in these words In eadem villa de eodem feodo Thirdly it is used for a perpetual right incorporeal as to have the keeping of Prisons in Fee eod fol. 6. Old nat brev 41. Foster in Fee eod fol. 6. Rent granted in fee eod fol. 8. Sheriff in fee anno 28 Ed. 1. stat 3. cap. 8. Lastly Fee signifieth reward or ordinary duty that a man hath given him for the execution of his office or the performance of his industrie in his art or science as the Lawyer or the Physician 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 or expectativa substantively used Mathaeus de Afflictis decis 292. num 2. pag. 417. See expectant Fee-ferm fendi firma is acompound of Fee whereof see Fee and ferme i. colonia villa praedium rusticum of Ferme cometh Fermier du Prince i. manceps redemptor publicorum vectigalium Publicanus Fee-ferm signifieth in our Common law land held of another in Fee that is in perpetuity to himself and his Heir for so much yeerly rent as it is reasonably worth more or lesse so it be the fourth part of the worth old tenures See exposition of the Statute of Glocester anno 6 Edw. 1. without homage fealty or other services other than be especially comprised in the Feofment but by Fitzh it seemeth that 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 cap. 66. num 4. but observe out of West symbol parte 1. lib. 2. sect 463. that the Feofment may contain services and sute of Court as well as rent And the Author of the new Terms of law saith That Fee-ferm oweth Fealty though not expressed in the Feofment for that fealty belongeth to all kind of Tenures This is neer the nature of that which among the Civilians is called ager vectigalis qui in perpetuum licetur i. hac lege ut quam diu pro eo vectigal pendatur tam diunique ipsis qui conduxerunt ueque iis qui in locum eorum successerunt auferri cum liceat li. 1. Ï€. si ager vectigalis c. Feed feida alias faida signifieth in the German tongue Guerram i. capitales in micitias vel bellum Hotoman disputat de feudis cap. 2 b. Foemina dicâ—tur faidam non facere Gloss in § ult de lege Conradi lib. 2. de feudis by reason that Women by the law are not subject to warfare to battel or proclamation made for that cause Skene de verbo significa verbo Affidatio Master Lambert in his exposition of Saxon words writeth it Feeth and saith likewise that it signifieth Capitales inimicitias And also that Feud used now in Scotland and the North pates of England is the same that is a combination of kindred to revenge the death of any of their blood against the killer and all his race Felony felonia seemeth to come of the French Felonnie i. impetuositas atrocitas immisericordia Felonia saith Hotoman de verbis feudalibus non praescisè contumaciam vasalli in dominum hujusve in vasallum perfidiaâ—â— significat ver in quodvis capitale facinus And again Felonia Gothis Longobardis dicitur quod Germanis bodie Schelmarey Litinis Scelus Sir Edward Coke saith thus Ideo dicta est felonia qua fieri debet felleo animo li. 4. fol. 124. b. Hostiensis in sua summa titulo De Feudis And others speak of this to this effect Felonia aliâs falonia est culpa vel injuria propter quam vassallus amittit feudum Sed haec respicit Dominum fendi Est alia fallonia quae non respicit Dominum sc quando vassallus interficit fratrem vel filium suum vel filium fratris vel aliud crimen commi sit quod pa ric dii appellatione continetur plures aliae fallonlae tam resp cientes Dominum quà m alios propter quas feudum amittitur â—bi notantur We account any offence Felony that is in degree next unto petit treason and compriseth divers particulars under it as murther theft killing of a mans self Sodometry Rape wilfull burning of houses and divers such like which are to be gathered especially out of statutes whereby many offences are daily made felony that before were not Felony is discerned from lighter offences by this that the punishment thereof is death Howbeit this is not perpetual For petit larcenie which is the stealing of any thing under the value of twelve pence is felony as appeareth by Broke titulo Coren num 2. his reason is because the Inditement against such a one must run with these words felonicè cepit and yet is this