In Latine Falda Faldae Is Common for Sheep See Shack. Co. Ent. 14 15. Coke 8. Rep. 125. 1 Cro. Rep. Spooner and Day Folkmoot FOlkmoot signifies according to Lambert in his Exposition of Saxon words two kinds of Courts one now called the County Court the other the Sheriffs Tourne And in London it signifies at this day celebrem ex omni Civitate ConventuÌ„ Stows Survey Footgeld FOotgeld is an Amerciament for not cutting out the Balls of great Dogs feet in the Forrest for which see Expeditate And to be quit of Footgeld is a priviledge to keep Dogs within the Forrest unlawed without punishment or controll Cromp. Jurisd fol. 197. Manwood part 1. pag. 86. Forcible Entry FOrcible Entry is a Violent actual Entry into House or Land or taking a Distress weaponed whether he offer Violence or no. West part 2. Symb. tit Inditements Sect. 65. Forest or Forrest FOrest is a place priviledged by Royal Authority or by Prescription for the peaceable abiding and nourishment of the Beasts or Birds of the Forrest for disport of the King For which there have been in ancient time certain peculiar Officers Laws and Orders part of which appear in the great Charter of the Forrest Forester FOrester is an Officer of the Forest sworn to preserve the Vert and Venison of the Forest to attend upon the wild Beasts within his Bailywick to watch and keep them safe by day and by night to apprehend all Offenders there in Vert or Venison and to present them at the Courts of the Forest to the end they may be punished according to their Offences Forfeiture of Marriage FOrfeiture of Marriage was a Writ that lay for the Lord by Knights Service against his Ward who refused a convenient Marriage offered him by his Lord and married another within age without the assent of his Lord. And see for this Fitz. N. B. fol. 141. g. c. Forger of false Deeds FOrger of false Deeds comes of the French word Forger which signifies to Frame or fashion a thing as the Smith doth his work upon his Anvil And it is used in our Law for the Fraudulent making and publishing of false Writings to the prejudice of another mans right Fitz. in his F. N. B. f. 96. B. C. says that a Writ of Deceit lies against him that thus forges any Deed. Forjudger FOrjudger is a Iudgment given in a Writ of Mesne brought by a Tenant against a Mesne Lord who should acquit the Tenant of Services demanded by the Lord above of whom the Tenement is holden and the Mesne will not appear then Iudgment shall be given that the Mesne Lord shall lose his Seignory and that the Tenant from thenceforth shall hold of the Lord above by such Su â—â— as the Mesne held before and shall be discharged of the Services which he yielded to the Mesne by the Statute of Westm 2. ca. 9. which is called a Forjudger Also if an Attorney or other Officer in any Court be put out and forbidden to use the same he is said to be forjudged the Court. Formedon FOrmedon is a Writ that lies where Tenant in tail infeoffs a Stranger or is disseised and dies his Heir shall have a Writ of Formedon to recover the Land But there are three manner of Formedons One is in the Discender and that is in the case before said And if one give Land in the taile and for default of Issue the Remainder to another in the taile and that for default of such Issue the Land shall revert to the Donor if the first Tenant in tail die without Issue he in the Remainder shall have a Formedon in the Remainder But if the Tenant in the tail die without Issue and he in the Remainder also die without Issue then the Donor or his heirs shall have a Formedon in the Reverter Forrein FOrrein is a word adjectively used and joyned with divers Substantives as Forrein matter triable in another County Pl. Cor. 154 or matter done in another County Kitch fol. 126. Forrein Plea is a refusal of the Iudge as incompetent because the matter in hand was not within his Precincts Kitch fol. 75. Anno 4 H. 8. cap. 2. Anno 22 ejusdem cap. 2. 14. Forrein Answer is such an Answer as is not triable in the County where it is made Anno 15 H. 6 cap. 5. Forrein Service is such Service whereby a Mean Lord holds over of another without the compass of his own Fee Bro. tit Tenures fol. 251. num 12. 28. and Kitch fol. 209. Or else that which a Tenant performs either to his own Lord or to the Lord above him out of the Fee For of such Services Bracton lib. 2. cap. 16. num 7. speaks thus Also there are certain Services which are called Forrein though they be named and express'd in the Charter of Feoffment and may therefore be called Forrein because they appertain to our Lord the King and not to the chief Lord unless when he goes in Service in Person or that he satisfies our Lord the King for the Service by some kind of means and they are performed at certain times when occasion and necessity require and they have divers sundry names For sometime they are called Forrein the word taken largely as to the Kings Service somtime Escuage somtime Service of the King and it may therefore be called Forrein because it is done and taken without or beside Service done to the Lord Paramount See Broke Tenures 28 95. Forrein Service seems to be Knights Service or Escuage uncertain Perkins sect 650. Forrein Attachment is an Attachment of the Goods of Forreiners within any Liberty or City for the satisfaction of any Citizen to whom the said Forreigner owes money Forrein Apposer is an Officer in the Exchequer to whom all Sheriffs and Bailiffs do repair by him to be apposed of their Green wax And from thence he draws down a charge upon the Sheriff or Bailiff to the Clerk of the Pipe Forsechoke FOrsechoke seems to signifie as much as Forsaken in our modern Language It is especially used Anno 10 Edw. 1. cap. unico for Lands or Tenements seised by the Lord for want of Services due from his Tenant and so quietly held and possessed beyond the year and day Forestaller FOrestaller is he that buys Corn Cattel or other Merchandize whatsoever by the way as it comes to Markets Fairs or such like places to be sold to the intent to sell the same again at a more high and dear price in prejudice of the Common-wealth and people c. The pain for such as are convict thereof is for the first time two months Imprisonment and loss of the value of the thing sold The second time Imprisonment by the space of half a year and loss of double value of the Goods c. The third time Imprisonment during the Kings pleasure and Iudgment of the Pillory and to forfeit all his Goods and Chattels See the Statute 5 Ed. 6. cap. 14.
Lease to any other the Executors shall have the Lease because they are his Assignees in Law And so it is in other cases Assise ASsise is a Writ that lies where any man is pur out of his lands tenements or of any profit to be taken in a certain place and so disseised of his Free-hold Free-hold to any man is where he is seised of lands and tenements or profit to be taken in Fee-simple fee-Fee-tail for term of his own or another mans life But Tenant by Elegit Tenant by Stat Merchant and Stat. Staple may have Assise though they have no Free-hold and this is ordained by divers Statutes In an Assise it is needful always that there be one Disseisor and one Tenant or otherwise the writ shall abate Also where a man is disseised and recovers by Assise of Novel Disseisin and afterward is again disseised by the same Disseisor he shall have against him a Writ of Redisteisin directed to the Sheriff to make inquisition and if the Redisseisin be found he shall be sent to prison Also if one recover by assise of Mortduncaster or by other Iury or default or by reddition and if he be another time disseised then he shall have a Writ of Post Disseisin and he who is taken and imprisoned for Redisseisin shall not be delivered without special commandment of the King See the Statutes Merton c. 3. Marlebridge cap. 8. and Westminster 2. c. 26. There is also another assise called Assise of Fresh force and lies where a man is disseised of tenements which are devisable as in the City of London or other Boroughs or Towns that are Franchises then the Defendant shall come unto the Court of the said Town and enter his Plaint and shall have a Writ directed to the Mayor or Batleffs c. and thereupon shall pass a Iury in manner of Assise of Novel Disseisin But he must enter his Plaint within forty days as it is said or otherwise he shall be sent to the Common Law And if the Officers delay the Execution then the Plaintiff shall have another Writ to have Execution and a Sicut alias and a Pluries c. See Littleton cap. Rents Assise de darrain Presentment ASsise de darrain Presentment See Quare impedit Also there is an Assise of Nusance called Assisa Nocumenti Assise of the last Presentation Assise de Mortdancestor ASsise de Mortdancastor Look in the title of Cosinage Association ASsociation is a Patent sent by the King either of his own motion or at the suit of the party Plaintiff to the Iustices of Assise to have other persons associated to them to take the Assise And upon this Patent of Association the King will send his Writ to the Iustices of Assise by it commanding them to admit them that are so sent If the King makes three Iustices of Assise and afterwards one of them dies there the King may make a Patent of Association to another to associate him to the two in place of him that is dead and a Writ which shall be close directed to the two Iustices that are alive to admit him F. N. B. 185. Assoil ASsoil comes from the Latin absolvere and signifies to deliver or discharge a man of an Excommunication and so it is used by Stamford in his Plcas of the Crown lib. 2. cap 18. fol. 71. b. Assumpsit See Nude Contract ASsumpsit is a voluntary promise made by word by which a man assumes and takes upon him to perform or pay any thing to another This word contains in it any verbal Promise made upon consideration which the Civilians express by several words according to the nature of the Promise calling it sometimes Pactum Promissionem other times Sponsionem Pollicitationem or Constitutum Attach ATtach is a Taking or Apprehending by Command or Writ There are some differences between an Arrest and an Attachment for an Arrest proceeds out of the inferiour Courts by Precept and Attachment out of the Superior Courts by Precept or Writ Lamb. Eiren. lib. 1. cap. 16. Also an Arrest lies only upon the Body of a man whereas an Attachment is sometimes upon the Goods only as Kitch fol. 279. b. saith a man may attach a Cow and in another case that a man may be attached by an hundred Sheep and it is sometimes awarded upon the Body and Goods together at one and the same Attachment differs from a Capias for Kit. fol. 79. b. hath these words Note that in a Court of Baron a man shall be attached by goods and a Capias shall not go out thence By which it seems Attachment is more general extending to the taking of Goods where a Capias extends to the taking of the Body only An Attachment differs from a Distress as appears by Kit. fol. 78. a. where he saith Process in Court Baron is Summons Attachment and Distress which are Process at the Common Law There is also an Attachment of Priviledge and this is twofold either giving power to apprehend a man in a place priviledged or by vertue of an Office or Priviledge as to call another to that Court to which he himself belongs and in respect of which he is priviledged New Book of Entries fol. 431. a. And there is a Process called a Foreign Attachment which is used to attach the goods of Foreigners found within any Liberty or City for a Debt due to the party himself And by the custome of some places a man may attach goods in the hands of a stranger As if A. ows to B. ten pounds and C owes A. another Summe of money B. may attach the goods of A. in the hands of C. to satisfie himself in part or all as the Debt is Also there is Attachment of the Forest which is a Court there held every forty days throughout the year In which the Verderors have not any authority but to receive and inrol the Attachment of offenders against Vert and Venison taken by the other Officers that they may be presented at the next Iustice seat in Eyre Manwood part 1. pag. 93. cap. 22. Attainder ATtainder is a Conviction of of any person of a Crime or fault whereof he was not convict before As if a man have committed Felony Treason or such like and thereof is convicted arraigned and found guilty and hath Iudgment then he is said to be Attainted And this may be two ways the one upon Appearance the other upon default The Attainder upon Appearance is by Confession Batrail or Verdict the Attainder upon Default is by Process until he be outlawed Attaint ATtaint is a Writ that lies where false Verdict is given by twelve men and Iudgment given thereon then the party against whom they have passed shall have a Writ against the twelve men and when they are at issue it shall be tried by twenty four Iurors and if the false Verdict be found the twelve men are attaint and then the Iudgment shall be That their Meadows shall be eyred their Houses broken down their
appertaining to Christianity and such as without good knowledge in Divinty cannot be well judged of being heretofore held by Archbishops and Bishops as from the Pope of Rome but after his ejection they held them by the Kings Authority by virtue of his Magistracy as the Admiral of England holds his Court whence it proceeds that they send out their Precepts in their own names and not in the Kings as the Iustices of the Kings Courts do and therefore as the Appeal from those Courts did lie to Rome now by the Stat. of 25 H. 8. cap. 19. it lies to the King in his Chancery Court-Baron COurt-Baron is a Court that every Lord of a Mannor hath within his own Precincts Of this Court and Court-Leet Kitch hath writ a learned Book This Court as it seems in Cok. lib. 4. fol. 26. fs twofold And therefore if a man having a Mannor in a Town grants the inheritance of all the Copyholds therein to another this Grantee may hold a Court for the customary Tenants and accept of Surrenders to the use of others and make Admittances and Grants The other Court is of Free-holders which is properly called the Court-Baron wherein the Suitors that is the Free-holders are Iudges whereas of the other Court the Lord or his Steward is Iudge Coutheutlaugh COutheutlaugh is he that wittingly receives a man utlawed and cherishes or hides him in which case he was in ancient time subject to the same punishment as the man utlawed was Br. l. 3. tr 2. c. 13. nu 2. It is compounded of couth i. known and utlaw outlawed as we now call them Cranage CRanage is a liberty to use a Crane for drawing up wares or Goods out of any Ship Boat or Barge at any Creek or Wharf and to make profit of it It is used also for the Money that is taken for that work Creditor CReansor or Creditor comes of the French Coryance that is Confidence or perswasion and it signifies him that trusts another with any Debt be it money wares or other things This word is used in the Old N. B. in the Writ of Audita querela f. 66. a. Creek CReek is that part of a Haven from whence any thing is landed or disburthened out of the Sea And this word is used in the Stat. 5 El. cap. 5. and 4 H. 4. cap. 20. c. Croft CRoft is a little Close or Pightle adjoyning to an House used either for pasture or arable as the owner pleases And it seems to be derived from the old word Creaft that is Handicraft because these lands are for the most part manured with the best skill of the owner Cucking-stool CUcking-stool is an Engin invented for the punishment of Scolds and unquiet women and it was called in old time a Tumbrell as appears by Lamb. in his Eirenarc l. 1. c. 12. And by the Cases and Iudgements in Eire in the time of Ed. 3. a Pillory and a Tumbrell are appendant to a Leet without which right cannot be administred to the parties within the view Keloway fol. 140. b. And in the Stat. 51 H. 3. ca. 6. it is called Trebuchett Cui ante divortium CUi ante divortium is a Writ that lies when Alienation is made by the husband of the wifes Land and after Divorce is had between them then the woman shall have this Writ and the Writ shall say Whom she before the Divorce might not gain-say Cui in vita CUi in vita is a Writ that lies where a man is seised of Lands in Fee-simple fee-Fee-tail or for life in right of his wife and aliens the same and dies then she shall have this Writ to recover the Land And note That in this Writ her Title must be shewed whether it be of the purchase or inheritance of the woman But if the husband alien the right of his wife and the husband and the wife die the wifes Heir may have a writ of Sur cui in vita Cuinage CUinage See Cuynage Cuntey CUntey cuntey is a kind of Trial as appears by Bract. in these words The matter in this case shall be ended by Cuntey cuntey as between coheirs l. 4. tr 3. cap. 18. And again in the same place In a Writ of right the business shall be determined by cuntey cuntey And thirdly l. 4. tr 4. c. 2. The cause shall be tried by Writ of right neither by Battel nor by the great Assise but by Cuntey cuntey only which seems to be as much as by ordinary Iury. Curfew CUrfew comes of two French words Couvrir to cover and Feu Fire It is used with us for an evening Peal by which the Conqueror willed every man to take warning for the taking up his Fire and putting out his Light So that in many places at this day when a Bell is customably rung toward Bed-time it is said to ring Curfew Curia avisare vult CUria avisare vult is a Deliberation which the Court purposes to take upon any difficult point of a Cause before Iudgement be resolved on For which see the New Book of Entries verbo Curia c. Curia claudenda IS a Writ or Action to compell another to make a Fence or Wall which the Defendant ought to make between his land and the Plaintiffs Currier CUrrier is one that dresses or liquors Leather and is so called of the French word Cuir id est Corium Leather The word is used in all the Statutes made for the good making of Leather as in 1 Jac cap. 22. c. Cursiter CUrsiter is an Officer or Clerk belonging to the Chancery who makes out Original Writs 14 15 H. 8. cap. 8. They are called Clerks of Course in the Oath of Clerks of the Chancery appointed anno 18 Ed. 3. Stat. 5. There are of them twenty four to each of whom is allotted certain Shires into which they make out such Original Writs as are by the subject required and are a Corporation among themselves Curtesie of England CUrtesie of England is where a man takes a wife seised in Fee-simple or Fee-tail general or seised as Heir of the tail special and hath issue by her male or female be the issue dead or alive if the wife die the husband shall hold the Land during his life by the Law of England And it is called Tenant by the Curtesie of England because this is not used in any other Realm but only in England If the Infant was never alive then the husband shall not be Tenant by the Curtesie but if the issue be born alive it suffices If the woman be delivered of a Monster which hath not the shape of mankind this is not Issue in Law But though the issue hath some deformity or defect in the hand or foot and yet hath humane shape if suffices to make the husband Tenant by the Curtesie And in some cases the time of the birth is material and in some not Therefore if a man marries a woman Inheritrix who is great with child by him
the Province against any inferiour Ordinary for Delaying Iustice in any Cause Ecclesiastical as to give sentence or to institute a Clerk presented or such like the effect of which is That the Archbishop taking knowledge of such Delay directs his Letters under his authentical Seal to all and singular Clerks of his Province thereby commanding and giving authority to them and every of them to admonish the said Ordinary within nine days to do the Iustice required or otherwise to cite him to appear before him or his Official at a day in the said Letters prefixed and there to alledge the cause of his Delay and lastly to intimate to the said Ordinary that if he performs not the thing injoyned nor appears at the day assigned he himself without other Delay will proceed to perform the Iustice required And it seems to be called a Double Quarel because it is most commonly made against the Iudge and him at whose request Iustice is delayed Dower DOwer by the Law of the Realm is a Portion which a Widow hath of the Lands of her husband which by the Common Law is the third part but by her husbands assignment by his fathers assent at the Church-door she may have so much of his fathers Land as is so assigned and so of the husbands assignment of part of his own Land And Dower by the Custome of some places is to have half the husbands Land Dower is also a Writ that lies where a man is sole seised during the Coverture between him and his wife of Lands or Tenements in Fee-simple or fee-Fee-tail where by possibility the issue between them may inherit if such a man die his wife shall recover the third part of all the Lands whereof the husband was sole seised any time during the Coverture by a Writ of Dower unde nihil habet though he died not seised and though he made Alienation thereof in his life But if a man before the Statute of Vses 27 H. 8. had Lands in which another man or other men were seised to his use always during the Coverture and he to whose use they were seised died before the said Statute his wife should not be endowed And if before the said Statute two men were seised of Lands to the use of one of them and he to whose use c. died before the said Statute his wife should not be endowed Also if a woman bring a Writ of Dower she should recover Dammages for the profit run after the death of her husband if he died seised thereof but if any Alienation or Estate were made during the Coverture so that the husband died not seised then though she should recover the Land yet no Dammages Also there is another Writ of Dower called a Writ of Right of Dower which lies where a woman hath recovered part of her Dower in one Town and the other part she is to recover But in divers cases a woman shall not have Dower as if the husband commit Treason for which he is attainted then his wife shall have no Dower And if she elope from her husband with another man in Adultery and be not reconciled to him of her own will without coercion of the Church she shall not be endowed See Lit. l. 1. cap. 4. And note where in the Civil Law Dower is that which the husband hath with his wife in Marriage to maintain the married estate by the Laws of this Realm the word Dower signifies such Portion as the wife after her husbands death shall have to live on Dozeine DOzeine See Deciners Drie Exchange DRie Exchange Anno 3 H. 7. cap. 5. Seems to be a subtile term invented to disguise Vsury in which something is pretended to pass on both sides whereas in truth nothing passes on the one side Drift of the Forest DRift of the Forrest is nothing else but an exact view or Examination taken once twice or oftner in a year as occasion shall require what Beasts there are in the Forrest to the end that the Common in the Forrest be not over-charged that the Beasts of Foreiners that have no Common there be not permitted and that Beasts not commonable may be put out See for this the Statute of 32 H. 8. cap. 35. and Manwoods Forrest Laws cap. 15. Right RIght is where one hath a thing that was taken from another wrongfully as by Disseisin Discontinuance or such like the Challenge or Claim of him that ought to have it is called Right If a woman release all her Right to him in Reversion her Dower is extinct for when the Right which is the foundation and principal is released by Consequence the Action which is but the means to recover is also released By Release of all Title to the Land all his Right is extinct So when a man hath Title either by Condition or by Alienation in Mortmain the Release of all his Right shall extinguish this Title Cok. lib. 8. fol. 151 153. Right of Entry RIght of Entrie is when one seised of Land in fee is thereof disseised now the Disseisee hath Right to enter into the Land and may so do when he will or else may have a Writ of Right against the Disseisor Duces tecum DUces tecum is a Writ out of the Chancery commanding a man to appear there and to bring with him some piece of Evidence or other thing that the Court would have a sight of Dum fuit infra Aetatem DUM fuit infra aetatem is a Writ that lies where an Infant aliens his Land in Fee-simple or for term of life when he comes to his full age he shall have this Writ or he may enter if he will but he must be of full age the day of his Writ brought Also if an Infant alien his Land and die his issue at his full age shall have this Writ or he may enter but the issue shall not have this Writ within his age Dum non fuit compos mentis DUM non fuit compos mentis is a Writ that lies when a man that is out of his wit viz. Mad or Lunatick aliens his Land in Fee-simple and dies then his Heir after his decease shall have this Writ but he himself shall not have it for that a man shall not be received to disable himself Also this Writ may be made in the Per Cui and Post Duplicat DUplicat is a Second Letters Patents granted by the Lord Chancellour in case where he hath granted the same before and therefore they are held void by Crompton in his Jur. of Courts fol. 215. Duresse DUresse is where one is kept in Prison or restrained from his Liberty contrary to the order of Law or threatned to be killed maimed or greatly beaten and if such person so in Prison or in fear of such Threatnings make any Specialty or Obligation by reason of such Imprisonment such a Deed is void in Law and in an Action brought upon such a Specialty he may say it was made by Duresse
only But the Gardian in Socage hath the profit only to the use of the Heir until he accomplish the age of 14 years and must yield therefore an account to the Heir See more hereof Littleton lib. 2. cap. 4 5. and Stamford upon the Statute of Prerogat cap. 1 2 6. Church-wardens CHurch-wardens are Officers chosen in every Parish to have the care and custody of the Church Goods and they may have an Action for the Goods of the Church and divers other things they may do for the benefit of the Church and by the Statute of 43 Eliz. cap. 2. they are to joyn with the Overseers for the making of Rates and other Provisions for the Poor of the Parish Gardian of the Spiritualties GArdian of the Spiritualties by the general Law is the Dean and Chapter of the Diocess unless there be a Custom that the Arch-bishop of the Province should be the Gardein sede vacante His office is to hold Courts prove Wills grant Administrations and supply the Bishops room Garnishment GArnishment If an Action of Detinue of Charters be brought against one and the Defendant saith that the Charters were delivered to him by the Plaintiff and by another upon certain Conditions and prays That the other may be warned to plead with the Plaintiff if the Conditions be performed or no and thereupon a Writ of Scire facias shall go forth against him this is called Garnishment and the other when he comes shall plead with the Plaintiff and that is called Enterpleader Garranty GArranty is when one is bound to another who hath Land to warrant the same to him which may be two ways that is by Deed of Law As if one and his Ancestors hath held Land of another and his Ancestors time out of mind by Homage which is called Homage Auncestrel Or by Deed of the party who grants by Deed or Fine to the Tenant of the Land to Warrant it to him upon which if the Tenant be impleaded by him who ought to warrant or his Heirs the Tenant shall bar the Demandant by pleading the Warranty against him which is called Rebutter or if he be impleaded by another in an Action wherein he may vouch he shall vouch him who warranted or his Heirs and if the Plaintiff recover the Tenant shall recover in value against the Voucher Garranty is of three sorts that is Garranty Lineal Garranty Collateral and Garranty that begins by Disseisin Warranty Lineal is where a man seised in fee or in tail makes a Feoffment to another and binds him and his heirs to Warranty and hath issue a son and dies and the warranty disceuds to his son For if no Deed with Warranty had been made then the right of the Lands should have discended to the son as heir to his father and he shall convey the Discent from the father to the son But if Tenant in tail discontinues the tail and hath issue and dies and the Vncle of the Issue releases to the Discontinuee with Warranty c. and dies without issue this is a Collateral Warranty to issue in tail for that the Warranty discends upon the Issue who may not convey himself to the tail by mean of his Vncle. And in every Case where a man demands Lands in fee-Fee-tail by Writ of Formedon if any Ancestor of the Issue in tail makes a Warranty and he that sues a Writ of Formedon by possibility of matter that may be done conveys to him Title by force of his Gift that made the Warranty c. that is then a Lineal Warranty whereby the Issue in tail shall not be barred except he have Assets to him discended in Fee-simple But if he may not by any possibility convey to him Title by force of his Gift that made the warranty then that is a Collateral Warranty and thereby the Issue in tail shall be barred without any Assets And the cause that such a Collateral Warranty is a Bar to the Issue in the tail is for that all Warranties before the Statute of Gloucester which discended to those who are Heirs to the warrantors were Bars to the same Heirs to demand any Lands except the warranties that began by Disseisin and for that the said Statute hath ordained That the warranty of the Father shall be no Bar to his Son for the Lands which come by the Heritage of the Mother nor the Warranty of the Mother shall be no Bar to the Son for the Lands which come by the Heritage of the Father and neither the Stat. 11 H. 7. cap. 20. nor any other Statute hath ordained any remedy against any other Collateral Warranty therefore such Warranty is yet in force and shall be a bar to the Issue in tail as it was before the Statute And it behoves that every Warranty whereby the Heir shall be barred discend by course of the Common Law to him who is Heir to the Warrantor else it shall be no Bar for if the Tenant in Tail of Lands in Borough English where the youngest son shall Inherit by the Custome discontinues the tail and hath Issue two sons and the Vncle releases to the Discontinuee with Warranty and dies and the younger Son brings a Formedon yet he shall not be barred by such Warranty causa qua supra And if any man make a Deed with Warranty whereby his Heir should be barred and after the Warrantor be attaint of Felony his Heir shall not be barred by such Warranty for that such Warranty cannot discend upon him the blood being corrupt Warranty beginning by Disfeisin is if the son purchase Lands and let them to his Father for years and the Father by the Deed infeoffs a stranger and binds him and his Heirs to Warranty and the Father dies whereby the warranty discends to the son yet this warranty shall not bar the son but the son may well enter notwithstanding because this Warranty began by Disseisin when the Father made the Feoffment which was a Disseisin to the son And as it is said of the Father so it may be said of every other Ancestor And the same Law is if the Ancestor be Tenant by Elegit or by Statute-Merchant and make a Feoffment with warranty such Warranties shall be no Bars because they begin by Disseisin Garranty of Charters GArranty of Charters is a Writ that lies where any Deed is made that comprehends a clause of Warranty that is to say Dedi or Concessi or this word Warrantizabo and if the Tenant be impleaded by a Stranger in Assise or such Action where he may not vouch to warranty then he shall hate this Writ against his Feoffor or his Heir and if the Land be recovered against him he shall recover as much Land in value against him that made the Warranty But this Writ ought to be sued depending the first Writ against him else he hath lost his advantage Also upon a Warranty in the Law as upon Homage auncestrel or upon Rent reserved upon a Lease for Life or a
happen in their Circuit which without this Commission they could not do See Fitzh N. B. fol. 110. b. P. Paine fort dure PAine fort dure is an especial Punishment for such as being arraigned for Felony refuse to put themselves upon the common Trial of God and the Country and thereby are Mute or as Mute in Law See this at large in Stamford Pl. Cor. fol. 150. Palace Court PAlace-Court is a Court of Record erect by King James by his Letters Patents and held at Southwark and is a Court of Common Law See Marshalsea Pannage PAnnage See Paunage Pannel PAnnel comes of the French word Panne that is a Skin signifies in our Common Law a Schedule or Roll containing the names of the Iurors which the Sheriff hath returned to pass upon any Trial. And therefore the Empannelling of the Iury is nothing but the entring of their Names into the Sheriffs Roll. Pape or Pope PApe Papa is a name that signifies Father and anciently was applyed to other Clergy-men in the Greek Church but by usage is particularly appropriated in the Latine Church to the Bishop of Rome a name very frequent in our ancient Year-Books especially in the times of those Kings who too much abandoning their Imperial Authority and abasing themselves beneath their estate suffered an Alien an Outhlandish Bishop that dwelt 1000 miles off to take from them the disposition of many Spiritual preferments sometimes by Lapse sometimes by Provision or otherwise For redress whereof divers Statutes were made while the Kingdom was of the Roman Communion but his whole Poer was not taken away till towards the latter end of Henry the Eighths Reign Paramount PAramount is compounded of two French words par and monter and it signifies in our Law the Highest Lord of the Fee For the better understanding of this see F. N. B. f. 135. M. in his Writ of Mesne Paraphernalia PAraphernalia in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praeter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dos They are Goods which a Wife challengeth above her Dower 1 Cro. Lord Hastings against Douglas Paravaile PAravaile is also compounded of two French words par and availer and signifies in our Law the lowest Tenant of the Fee who is Tenant to one that helds over of another See for the use of this word F. N. B. in his Writ of Mesne f. 135. M. Parceners PArceners are according to the course of the Common Law and according to Custom Parceners according to the Common Law are where one seised of an Estate of Inheritance of Tenements hath no Issue but Daughters and dies and the Tenements descend to the Daughters then they are called Parceners and are but as one Heir The same Law is if he have not any Issue and that his Sisters should be his Heirs But if a Man hath but one Daughter she is not called Parcener but the Daughter and Heir And if there are no Daughters nor Sisters the Land shall discend to the Aunts and they are called Parceners When Lands discend to divers Parceners they may make Partition between themselves by Agreement but if any of them will not make Partition then the others shall have a Writ de Partitione facienda directed to the Sheriff who shall make Partition between them by the Oath of xij lawful men of the Bailywick Also Partition by Agreement may be made by the Law as well by Word without Deed as by Deed. And if they are of full age the Partition shall remain for ever and shall never be defeated But if the Lands be to them in tail though they are concluded during their lives yet the Issue of him who hath the lesser part in value may disagree from the Partition and enter and occupy in common with the other part And if the Husbands of the Parceners make Partition when the Husband dies the Wife may disagree from the Partition Also if the Parcener who is within Age makes Partition when she comes to full age she may disagree But she must take good heed when she comes to her full Age that she take not all the Profits to her own use of the Lands which were to her allotted for then she agrees to the Partition and the age shall alway be intended the age of one and twenty years If there be divers Parceners that have made Partition between them and one of their parts is recovered by lawful Title then she shall compel the other to make a new Partition Parceners according to Custom are where a man is seised of Lands in Gavelkind as in Kent and other places franchised and hath issue divers Sons and dies then the Sons are Parceners by Custom Parco fracto PArco fracto is a Writ that lies against him that breaks any Pound and takes out the Beasts which are there lawfully impounded See of this F. N. B. 100. E. Park PArk is a place in which by Prescription or by the Kings Grant a Subject preservs his Game of Beasts ferae naturae See Stat. W. 1. 3 E. 1. cap. 20. Parliament PArliament See the Lord Cook 's 4th Institutes and Mr. Cowels Interpreter Title Parliament Parson imparsonee PArson imparsonee is he that is in possession of a Church appropriate or presentative for so it is used in both cases in Dyer f. 40. b. and f. 221. b. Parties PArties to a Fine or Deed are those which are named in a Deed or Fine as Parties to it as those that levy the Fine and they to whom the Fine is levied And they that make a Deed of Feoffment and they to whom it is made are called Parties to the Deed and so in many other like cases Note that if an Iudenture be made between two as Parties thereto in the beginning and in the Deed one of them grants or lets a thing to another who is not named in the beginning he is not Party to the Deed nor shall take any thing thereby Partition PArtition is a Dividing of Lands descended by the Common Law or by Custome among Co-heirs or Parceners where there are two at least whether they be Sons Daughters Sisters Aunts or otherwise of kin to the Ancestor from whom the Land descended to them And this Partition is made four ways for the most part whereof three are at pleasure and by Agreement among them the fourth is by Compulsion One Partition by Agreement is when they themselves divide the Land equally into so many parts as there are of them Coparceners and each to chuse one share or part the Eldest first and so the one after the other as they be of age except that the eldest by consent made the Partition then the choice belongs to the next and so the eldest last according as it is said Who makes the Partition the other must have the Choice Another Partition by Agreement is when they chuse certain of their Friends to make Division for them The third Partition by Agreement is by drawing Lots thus First to divide the Land into so many
the Kings Debts Apparances and for observing of Orders also he takes all Obligations for any of the Kings Debts for Apparances and observing of Orders and makes out Process upon them for the breaking of them The Lord Treasurers Remembrancer makes out Process against all Sheriffs Escheators receivers and Bailiffs for their Accounts he makes the Process of Fieri sacias and Exteut for any Debts due to the King either in the Pipe or with the Auditors and he makes Process for all such revenue as is due to the King by reason of his Tenures The Remembrancer of the First Fruits takes all Compositions for First fruits and Tenths and makes Process against such as pay not the same Of these Officers see more in Dalton's Book of the Office and Authority of Sheriffs f. 186. Remitter REmitter is when a man hath two Titles to any Land and he comes to the Land by the tast Title yet he shall be judged in by force of his elder Title and that shall be said to him a Remitter As if Tenant in tail discontinue the Tail and after disseises his discontinuee and dies thereof seised and the Lands discend to his issue or Cousin inheritable by force of the Tail in that case he is in his Remitter that is to say seised by force of the Tail and the Title of the Discontinuee is utterly adnulled and defeated And the reason and cause of such Remitter is for that such an Heir is Tenant of the Land and there is no person Tenant against whom he may sue his Writ of Formedon to recover the Estate tail for he may not have an Action against himself Also if Tenant in tail infeoff his Son or Heir apparent who is within age and after dies that is a Remitter to the Heir but if he were full of age at the time of such Feoffment it is no Remitter because it was his folly that he being of full age would take such a Feoffment If the Husband alien Lands that he hath in right of his wife and after take an Estate again to him and to his Wife for term of their lives that is a Remitter to the Woman because this Alienation is the act of the Husband and not of the Woman for no folly may be adjudged in the Woman during the life of her Husband But if such Alienation be by Fine in Court of Record such a taking again afterward to the Husband and Wife for term of their lives shall not make the Woman to be in her Remitter for that in such a Fine the Woman shall be examined by the Iudge and such Examination in Fines shall exclude such women for ever Also when the Entry of any man is lawful and he takes an Estate to him when he is of full age if it be not by Deed indented or matter of Record which shall estop him that shall be to him a good Remitter Rents REnts are of divers kinds that is Rent-service Rent-charge and Rent-secke Rent-service is where the Tenant in Fee-simple holds his Land of his Lord by Fealty and certain Rent or by other service and rent and theu if the rent be behind the Lord may distrain but shall not have an Action of Debt for it Also if I give Land in tail to a man paying to me certain Rent that is Rent-service But in such case it behoves that the reversion be in the Donor For if a man make a Feoffment in fee or a Gift in tail the remainder over in Fee without Deed reserving to him a certain rent such reservation is void and that is by the Statute Quia emprores terrarum and then he shall hold of the Lord of whom his Donour held But if a man by Deed indented at this day make such Gift in tail the remainder over in fee or lease for term of life the remainder over or a Feoffment and by the same Indenture reserve to him rent and that if the rent be behind it shall be lawful for him to distrain that is Rent-chage But in such case if there be no clause of Distress in the Deed then such a rent is called Rent-seck for which he shall never distrain but if he were once seised he shall have Assise and if he were not seised he is without remedy And if one grant a rent going out of his Land with clause of Distress that is a Rēt-charge and if the rent be behind the Grantee may chuse to distrain or sue a Writ of Annuity but he cannot have both for if he bring a Writ of Annuity then the Land is discharged And if he destrain and avow the taking in Court of Record then the Land is charged and the person of the Grantor discharged Also if one grant a Rent charge and the Grantee-purchases half or any other part or parcel of the Land all the Rent is extinct But in Rent service if the Lord purchase parcel of the Land the Rent shall be apportioned If one hath a Rent charge and his Father purchase parcel of the Land and that parcel discends to the Son who hath the Rent charge then the Rent shall be apportioned according to the value of the Land as it is said of Rent-service because the Son comes to that not by his own act but by discent Also if I make a Lease for term of years reserving to me a certain Rent that is called a Rent service for which it is at my liberty to distrain or to have an Action of Debt but if the Lease be determined and the Rent behind I cannot distrain but shall be put to my Action of Debt And note well that if the Lord be seised of the Service and Rent aforesaid and they be behind and he distrain and the Tenant rescues the Distress he may have Assise or a Writ of Rescous but it is not more necessary for him to have Assise then a Writ of Rescous for that by Assise he shall recover his Rent and his Dammages but by a Writ of Rescous he shall recover only Dammages and the thing distrained shall be reprised If the Lord be not seised of the Rent and Service and they be behind and he distrain for them and the Tenant take again the Distress he shall not have Assise but a Writ of Rescous and the Lord shall not need to shew his right If the Lord cannot find a Distress in two years he shall have against the Tenant a Writ of Cessavit per biennium as it appears by the Statute of Westm 2. cap. 21. And if the Tenant die in the mean time and his Issue enter the Lord shall have against the Issue a Writ of Entry upon Cessavit or if the Tenant alien the Lord shall have against the Alienee the foresaid Writ But if the Lord have Issue and die and the Tenant be in arrearages of the said Rent and Service in the time of the Father and not in the time of the Issue he may not distrain for the Arrearages in the time of
same Statute And when any Waste or destruction is made by the Recognisee his Executors or him that hath his Estate the Recognisor or his Heirs shall have the same Law as is before said of the Tenant by Elegit If Tenant by Statute-Merchant hold over his term he that hath right may sue against him a Venire fac ' ad computandum or else enter immediately as upon Tenant by Elegit See the Statute 11 E. 1. and of Acton Burnel and 13 E. 1. De Mercatoribus Starr-chamber STarr-chamber was an High Court held in the Star-Chamber at Westm before the King Peers and Iudges abolished per Stat. 17 Car. cap. 10. Sterbrech STerbrech alias Strebrech is the Breaking Obstructing or or making less of a Way Stilyard STilyard is a word used in the Statute of 22 H. 8. chap. 8. where the Ha â— se-Merchants are called the Merchants of the Sti yard which is a place in London where these Merchants or their Brotherhood had their thode And the House is said to be so called because bullt upon a Court-yard near the Thames where Steel was wont to be much sold Sub poena SUb poena is the name of a Writ made in divers Courts of Law and Equity viz. in Chancery and all other Courts to summon Witnesses and in that Court and in the Exchequer in Law and Equity and in the Common Pleas upon Informations qui tam c. to summon Defendants and in the Crown Office upon Informations Suffragan SUffragan is a word used in the Statut of 26 H. 8. cap. 14. and signifies a Titular Bishop appointed to aid and assist the Bishop of the Diocess in his Spiritual Function And he is called Suffraganeus in Latin because by his Suffrage Ecclesiastical Causes are to be adjudged Suggestion SUggestion is an Information drawn in Writing shewing cause to have a Prohibition which is left in Court and is mentioned in the Statute 2 E. 6. cap. 13. Sumage SUmage seems to be Toll for Carriage on Horseback Cro. Jurisd f. 191. Summons ad Warrantizandum c. SUmmons ad Warrantizandum and Sequatur sub suo periculo See of them after in the Title Voucher Supercargo ou Supracargo SUpercargo ou Supracargo is a Factor or Agent which goes with a Ship beyond the Seas by order of the Owner of the Wares therein and disposes thereof And the Master of the Ship is obliged to perform the Orders of such Factor or Supereargo Supersedeas SUpersedeas is a Writ that lies in divers cases as appears by F. N. B. f. 236. A. but it is always a command to stay some ordinary Proceedings in Law which ought otherwise to proceed Supplicavit SUpplicavit is a Writ issuing out of the Chaucery directed to the Sheriff and some Iustices of the Peace in the County or to one or more Iustices without the Sheriff for taking Surety of such a one as it is prayed against that he should keep the Peace and this is by the Statute of 1 E. 3. c. 16. See F. N. B. f. 80. C and see the Stat. 21 Jac. c. 8. Sur cui in vita SUr cui in vita is a Writ that lies for the Heir of an Inheritrix whose Husband aliened the Inheritance of his Wife and the Wife died before she recovered in a Cui in vita See for this F. N. B. 194. C. Surplusage SUrplusage comes of the French Surplus that is an Overplus and signifies in the Law an Addition of more then needs which sometimes is the cause that a Writ shall abate but in pleading many times it is absolutely void and the residue of the Plea shall stand good Surrejoynder SUrrejoynder is an Answer to the Defendants Rejoynder or a second inforcing of the Plaintiffs Declaration Surrender SUrrender is the Consent of a particular Tenant that he in the Reversion or the Remainder shall presently have the possession And this is either Surrender in Deed by an actual yielding up of the Estate or in Law by the taking of the new Lease or such other act See of this Perkins c. 9. Also it is an act done to the Lord of a Mannor or his Steward of a Copy-hold Estate or done by special Custom of some Mannors to two Copy-hold Tenants of Mannors which surrender ought to be presented at the next Court Baron Swainmote SWainmote or Swannimote is a Court held thrice in a year within a Forrest by the Statute of Charta de Foresta c. 8. for all the Free-holders of the Forrest for so much the Etymology of the word imports Mote in the Norman speech signifying a Court and Swain in the Saxon a Charterer or Free-holder so that Swannimore is the Court of the Free-holder See of this Manwoods Forrest Laws cap. 23. f. 217 c. at large Swainmote in this Court Presentments of Offences done to the Forrest or Game are made given into the Iustices in Eyre Syb Som. SYb Som i. Peace and Security L. L. Eccles. Canuti Regis c. 17. Symony SYmony is an unlawful Contract made to have a man presented to a Rectory or Vicarage which is prohibited by Stat. 31 Eliz. cap. 6. T. Fee-tail TO hold in the Tail is where a man holds certain Lands or Tenements to him and to his Heirs of his Body begotten If the Land be given to a man and to his Heires males and he hath Issue male he hath Fee-simple which was adjudged in Parliament But where Lands are given to a man and to his Heirs males of his body begotten then he hath Fee-tale and the issue Female shall not inherit as appears in the 14 year of E. 3. in an Assise 18 E. 3. 45. fee-Fee-tail is where the Land is given to a Man and the Heirs of his Body begotten and he is called Tenant in Taile general If Lands are given to the Husband and Wife and the Heirs of their two Bodies begotten then the Husband and the Wife are Tenants in Tail especial And if one of them die he that survives is Tenant in Tail after possibility of issue extinct and if he make Waste he shall not be impeached for it See Littleton But if the King give Lands to a man to his Heires males and the Donee dies without issue male then the Cousin collateral of the Donee shall not inherit but the King shall re-enter and so it was adjudged in the Exchequer-chamber 18 H. 8. in an Information made against the Heir of Sir T. Lovel Knight Tail after possibility TO hold in the Tail after possibility of Issue extinct is where Land is given to a Man and his Wife and the Heirs of their two Bodies engendred and one of them overlives the other without issue between them begotten he shall hold the Land for term of his own life as Tenant in the Tail after possibility of Issue extinct and notwithstanding that he do Waste he shall never be Impeached of it And if he alien he in the Reversion shall not have a Writ of Entry in consimili casu
Law Actions real ACtions real are such Actions whereby the Demandant claims title to any Lands or Tenements Rents or Commons in Fee simple fee-Fee-tail or for Term of life Every Action real is either possessory that is of his own possession or seisin or ancestrel scil of the seisin or possession of his ancestor Co. lib. 6. fol. 3. Acts. ACts of Parliament are positive Laws which consist of two parts that is to say of the words of the Act and of the sense and they both joyned together make the Law Additions ADdition is that which is given to a man besides his proper name and Surname that is to shew of what Estate Degree or Mystery he is and of what Town Hamlet or County Additions of Estate are these Yeoman Gentleman Esquire and such like Additions of Degree are these which we call names of Dignity as Knight Earl Marquess Duke Additions of Mystery are Scrivener Painter Mason Carpenter and all other of like nature for Mystery is the craft or occupation whereby a man gets his living Additions of Town as Sale Dale and so of the rest And where a man hath a houshold in two places he shall be said to dwell in both of them so that his Addition in one of them doth sufice By the Statute An. 1 H. 5. c. 5. it was or dained that in Suits or Actions where process of Vtlagary lies such Additions should be to the name of the Defendant to shew his estate mystery and place where he dwells and that such writs shall abate if they have not such Additions if the Defendant take exception thereto but they shall not abate by the Office of the Court. Also Duke Marquess Earl or Knight are none of those Additions but names of Dignity which should have been given before the Statute And this was ordained by the said Statute to the iutent that one man might not be grieved nor troubled by the Vtlary of another But that by reason of the certain Addition every man might be certainly known and bear his own burthen Adjournment ADjournment is when any Court is dissolved and determined for the present and afsigned to be kept again at another place or time and methinks is compounded of two words ad or al and jour Admeasurement of Dower ADmeasurement of Dower is a writ that lies where a woman is endowed by an Infant or by a Gardian of more than she ought to have the Heir in such case shall have this writ whereby the woman shall be admeasured and the Heir restored to the overplus But if one abate that is one who hath no right enter after the death of the husband and indow the wife of him that is dead of more than she ought to have the Heir shall not have this Writ but Assise â— Mort dancestor against the Woman and if she plead that she was indowed of the Land as of the Free-hold of her husband the Heir shall shew how she was indowed by the Abator and that she had more than she ought to have and shall pray that he may be restored to the surplusage and if it be found he shall be restored Admeasurement of Pasture ADmeasurement of Pasture is a Writ that lies where many Tenants have Common appendant in another ground and one overcharges the Common with many Beasts then the other Commoners may have this Writ against him And also it may be brought by one Commoner only but then it ought to be brought against all the other Commoners against him that surcharged for that all the Commoners shall be admeasured And this Writ lies not against him nor for him that hath Common appurtenant or Common in gross but those who have Common appendant or Common because of vicinage See the diversity of all these Commons afterwards in the title of Common Also this Writ lies not for the Lord nor against the Lord but the Lord may distrain the beasts of the Tenant that are surplusage But if the Lord overcharge the Common the Commoner hath no remedy by the Common Law but an Assise of his Common Administrator ADministrator is he to whom the Ordinary commits the Administration of the goods of a dead man for default of an Executor and an Action shall lie against him and for him as for an Executor and he shall be charged to the value of the Goods of the dead man and no further unless it be by his own false Plea or by wasting the goods of the dead If the Administrator die his Executors are not Administrators but it behoves the Ordinary to commit a new Administration And if a stranger that is not Administrator nor Executor take the Goods of the dead and administer of his own wrong he shall be charged and sued as an Executor and not as Administrator in any Action brought against him by any Creditor But if the Ordinary make a Letter ad colligendum bona defuncti he that hath such a Letter is not Administrator but the Action lieth against the Ordinary as well as if he take the goods in his own hand or by the hand of any of his Servants by any other Commandment There is also another sort of Administrator where one makes his will and makes an infant under the age of 17 his Executor The Bishop commits Administration to some friend during the nonage of the Executor which Administrator if he sue does not declare that the deceased died intestate Which Administration ceases when the Infant is 17 years old Admiral ADmiral is a high Officer that has the Government of the Kings Navy and the hearing and determining of all Causes as well civil as criminal belonging to the Sea and to that purpose hath his Court called the Admiralty He may cause his Citation to be served upon the Land and take the paries body or goods in execution upon the Land Also he hath cognizance of the death or maihem of a man committed in any great Ship fleeting in great Rivers in the Realm beneath the Bridges of the same next the Sea Also to arrest Ships in the great Streams for the Voiages of the King and Realm and hath Iurisdiction in the said Streams during the same Voiages Ad quod damnum AD quod Damnum is a Writ which ought to be sued before the King grant certain Liberties as a Fair Market or such like which may be prejudicial to others And thereby it shall be required if it should be a prejudice to grant them and to whom it shall be prejudicial and what prejudice shall come thereby There is also another Writ of Ad quod damnum if any one will turn a Common high-way and lay out another way as veneficial Both which though found to be prejudicial may be traversed in another Action although the King hath made his grant pursuant to the Verdicts of the Iury. Advent ADvent is a time which contains about a month next before the Feast of the Nativity of our Saviour Christ In which our
therefore those Officers in the Forest that thus take in Cattel and gather the money for the Feed of them are called Agistors and the feed or herbage of the Cattel is called Agistment which in a large signification extends to all manner of Common of Herbage of any kind of ground or land or woods or the money that is due or received for the same as well out of Forests as within them See Manwood's Forest Laws c. 11. fol. 80. Agreement AGreement is thus defined or expounded in Plowdens's Commentaries Aggreamentum is compounded of two words namely Aggregatio and Mentium that is Agreement of minds So that Agreement is a consent of minds in some things done or to be done and by drawing together the two words Aggregatio and Mentium and by the hasty and short pronouncing of them they are made one word to wit Aggreamentum which is no other than a joyning coupling and knitting together of two or more minds in any thing done or to be done See after in Testament And this Agreement is in three manners The first is an Agreement executed already at the beginning The second is an Agreement after an act done by another and is an Agreement executed also The third is an Agreement executory or to be done in time yet to come The first which is an Agreement executed already at the beginning is such whereof mention is made in the Stat. of 25 E. 3. c 3. of Clothes in the 4 th Sat. which saith That the goods and things bought by forestallers being thereof attainted shall be forfeit to the King if the buyer have made gree with the seller In which case the word gree which is otherwise called Agreement shall be extended to Agreement executed that is payment for the things The second manner of Agreement is where one doth a thing or act and another agrees or assents thereunto afterwards as if one make a Disseisin to my use afterwards I agree to it now I shall be a Disseisor from the beginning And such Agreement is an Agreement after an act done The third agreement is when both parties at one time are agreed that such a thing shall be done in time to come and this agreement is executory in as much as the thing shall be done after and yet there their minds agreed at one time But because the performance shall be afterward and the thing upon which the Agreement was made remains to be done that Agreement shall be called Executory And that the Stat. of 26 H. 8. c. 3. doth prove which saith That every Vicar Parson and such liks c. before their actual possession or medling with the profits of their Benefices shall satisfie content c. or agree to pay the King the First-fruits c. if any such Parson or Vicar c. enter in actual possession c. this Agreement is to be understood executory as common usage proves for it is used that he with one or two with him do make two or three Obligations for it is to be paid at certain days after And this Agreement executory is divideded into two points One is an Agreement executory which is certain at the beginning as is said last before of the First-fruits The other is when the certainty doth not appear at the first and the parties are agreed that the thing shall be performed or payed upon the certainty known as if one sell to another all his Wheat in such a bay of his Barn unthres ed and it is agreed between them that he shall pay for every bushel 3s when it is threshed clean and measured Aid AID is when a Tenant for term of Life Tenant in dower Tenant by courtesie or Tenant in Tail after possibility of issue extinct is impleaded then for that they have no estate but for term of life they shall pray in aid of them in the Reversion and process shall be made by Writ against him to come and plead with the tenant in the defence of the land if he will But it behoves that they agree in the Plea for if they vary the plea of the Tenant shall be taken and then the aid-prayer is void but if he come not at the second Writ then the tenant shall answer sole Also Tenant for years Tenant at will Tenant by Elegit and Tenant by Statute-Merchant shall have aid of him in the Reversion and the Servant and Bailiff of their Master when they have done any thing lawfully in the right of their Master shall have aid This word is sometimes applied to Subsidies as in 14 E. 3. Stat. 2. cap. 1. Other times to a Prestation due from the Tenants to their Lords as for relief due to the Lord paramount or for the making of his Son a Knight or for marrying of his Daughter Glan lib. 9. c. 8. This aid the K. or other Lord by the ancient Law of England may lay upon their Tenants to make his son Knight at the age of 15 years and to marry his daughter at the age of 7 years Regist orig fol. 87. a. and that at what rate they please But the Stat. of West 1. made An. 3. Ed. 1. ordained a restraint for any great or large demand made by common persons being Lords in this case and hath tied them to a certain rate and the Stat. of 25 Ed. 3. Stat. 5. c. 11. provides that the rate which is appointed by the former Stat. shall be held in the King as well as in other Lords Aid of the King AID of the King is in like case as it is said before of a common person also in many other cases where the King may have loss although the Tenant be Tenant in fee-simple he shall have aid as if a Rent be demanded against the Kings Tenant who holds in chief he shall have aid so he shall nor of a common person And where a City or Borough hath a Fee-farm of the King and any thing is demanded against them which belongs to the Fee-farm they shall have aid for it of the King Also a man shall have aid of the King in the stead of Voucher And the Kings Baliff the Collector and the Purveyor shall have aid of the King as well as the Officers of other persons Aile AILE is a Writ which lies where Land descends from the grandfather to his nephews sc the son or daughter of the son of the grandfather the father being dead before the entry by him and one abates the heir shall have against the Abator this Writ Aler sans jour ALer sans jour is word for word to go without day that is to be dismist the Court because there is no day of farther Appearance assigned Ale-Taster ALe-taster is an Officer appointed and sworn in every Leet to look that the due Assise be kept of all the Bread Ale and Beer sold within the Iurisdiction of the Leet Alien ALien is a Subject born out of the liegeance of our King and he cannot
have any real or personal Action concerning land but in every such Action the Tenant or Defendant may plead that he was born in such a place which is not within the Kings liegeance and demand judgment if he shall be answered Every alien friend may by the Common Law have and get within this realm by gift trade or other lawful ways any treasure or personal goods whatsoever as well as any Englishman and may maintain any Action for the same But Land within this realm or houses if not for their dwelling only Alien friends connot have nor get nor maintain any Action real or personal for any Land or House unless the House be for their necessary dwelling An Alien enemy cannot maintain any Action nor get any thing within this Realm And the reasons why aliens born are not capable of inheritance within England are 1. The Secrets of the Realm may by this be discovered 2. The Revenues of the Realm shall be taken and injoyed by Strangers born 3. This will tend to the destruction of the Realm First in the time of war for then Strangers may fortifie themselves in the heart of the Realm and set in combustion the Common-wealth Secondly in the time of peace for by such means many Aliens born may get a great part of the Inheritance and free-hold of the Realm by which there would ensue a want of Iustice the supporter of the Common-wealth for this that Aliens cannot be returned of Iuries nor sworn for the tryal of Issues between the King and Subject or between Subject and Subject Vide Coke lib. 7. Calvins Case Alienation ALienation is as much to say as to make a thing another mans or to alter or put the possession of Lands or other things from one man to another And in some cases a man hath power in himself so to do without the assent or licence of any other and in some not As if Tenant in chief alien his estate without the Kings licence then by the St. of 1 Ed. 3. c. 12. a reasonadle Fine shall be taken where at the Common Law before the said St. the Lands and tenements held in chief of the K. and aliened without licence have been held forfeited And if the K's Tenant that holds in chief intended to alien unto C. to the use of D. and hereupon if he purchase Licence to alien to C. and accordingly aliens to C. to the use of D. which use is not mentioned in the Licence in this case he shall pay but one Fiue for it is but one Alienation Coke lib. 6 fol. 28. But if a man will alien Lands in Fee-simple to an House of Religion or to a body incorporate it behoves him to have the Kings Licence to make this Grant or Alienation and the chief Lords of whom such lands are held c. otherwise the land so alienated in Mortmain shall be forfeited by the Statute of 15 R. 2. cap. 5. Allay ALlay is the Temper or mixture of Gold and Silver with baser metal for the increasing the weight of it so much as might countervail the Kings charge in the coyning This word is used in the Statute of 9 H. 5. cap. 11. for the payment of English Gold by the Kings weight Almner ALmner is an Officer of the Kings house whose Office is to distribute the Kings Alms every day and to that purpose he hath the collecting of all Forfeitures of Deodands and of the goods of Felons de se which the King allows him to dispose in Alms to the poor And of his Office see Flets lib. 2. cap. 22. Almoin ALmoin See Aumone Alnager ALnager is an Officer of the Kings who by himself or by his Deputy looks to the Assise of all Cloth made of Wool throughout the Land and to put a Seal for that purpose ordained unto them 35 E. 3. Stat. 4. c. 1. Anno 3. R. 2. c. 2. And he is to be accomptable to tae King for every Cloth that is so sealed in a Fee or Custom hppertaining to it Altarage ALtarage in Latin Altaragium signifie Duties and Offerings to holy Altars mention'd 2 Cro. Rep. 516. that a Vicarage was endowed with it and small Tythes Ambidexter AMbidexter is he that when a matter is in suit between men takes money of the one side and of the other either to labour the Suit or such like or if he be of the Iury to give his Verdict Amendment AMendment is When Error is in the Process the Iustices may amend it after Iudgment But if there be Error in giving Iudgment they may not amend it but the party is put to his Writ of Error And in many cases where the default appears in the Clerks that writ the Record it shall be amended but such things as come by information of the party as the Town Mystery and such like shall not be amended for he must inform true upon his peril Amercement AMercement most properly is a Penalty assessed by the Peers or equals of the party amerced for an offence done as for want of Suit of Court or for not amending someting that he was appointed to redress by a certain time before or for such like cause in which case the party who offends puts himself in the mercy of the King or Lord and thereupon this Penalty is called Amerciament And there is a difference between Amerciaments and Fines Kitch 214. For Fines are Punishments certain which grow expressy from some Statute and Amerciaments are such which are arbitrarity imposed by the Affeerors which Kitchin seems to confirm fol â— 8. in these words The Amerciament is affeered by Equals Also it appears Coke lib. 8. fol. 39. That a Fine is always imposed and assessed by the Court but Amerciament which is called in Latin Misericordia is assessed by the Country Another diversity there is as if a man be convict before the Sheriff of the County of a Recaption he shall be only amerced but if he be convict of this in the Common Bench he shall be fined And the reason of this diversity is That the County Court is not a Court of Record and therefore cannot impose a Fine for no Court can impose a Fine but such a Court as is of Record Cok. lib. 8. fol. 41. a. If the Defendant or Tenant plead a false Deed to him or deny his own Deed and this is found against him or he leaving his own Verification acknowledges the Action he shall be fined for his falsity because we ought to be sure of our own Acts. But if one deny the Deed of his Ancestor and this is found against him yet he shall not be fined but amerced only because it was the act of a Stranger Co. lib. 8. fol. 60. a. see more there Amercement royal AMercement royal is when a Sheriff Coroner or other such Officer of the King is amerced by the Iustices for his abuse in the Office Learn if it should not be called a Fine Amoveas manus AMoveas manus See Ouster le
yet this may well stand with the generality of the words that there was but one Cause depending between them for A generality implies no certainty And if the Arbitrement should be for this avoided then many Arbitrements might be avoided for the one might conceal a Trespass done or other cause of Action given him and so avoid the Arbitrement Also no party to any Arbitrement shall be by it bound unless the Award be delivered unto him as it is in Co. lib. 5. f. 103. See Co. l. 8. fol. 98. Arches ARches or the Court of the Arches is the chief and most ancient Consistory belonging unto the Archbishop of Canterb. and it is called from the Arches of the Church where the Court is kept namely Bow-Church in London And of this Cour â— mention is made in Stat. 24 H. 8. cap. 12. touching Appeals Arms. ARms in the understanding of the Law is extended to any thing that a man in his anger or fury takes into his hand to cast at or strike another Cromp. Justice of Peace fol. 65. a. Array ARray is the taking or ordering a Iury or Enquest of men that are impannelled upon any cause 18 H. 6. cap. 14. from whence comes the Verb to array a pannel Old N. B. f. 157. that is to set forth one by another the men that are impannelled The Array shall be quashed ibid. By Statute every Array in Assise ought to be made four dayes before Brook tit Pannel num 10. To challenge the Array Kitch 92. Arrain ARrain is to put a thing in order or in his place As one is said to arrain an Assise of Novel Disseisin in the County in which it ought to be brought for trial before the Iustices of that Circuit Old N. B. fol. 109. And in such sense Litt. hath used the same word The Lessee attains an Assese of Novel Disseisin Also a prisoner is said to be arraigned when he is indicted and put to his trial Arrerages ARrerages are Duties behind unpaid after the days and times in which they were due and ought to have been paid whether they be Rents of a Manor or any other thing reserved Arrest ARrest is when one is taken and restrained for his liberty None shall be arrested for Debt Trespass Detinue or other cause of Action but by virtue of a precept or commandment out of some Court But for Treason Felony or breaking of the Peace every man hath authority to arrest without warrant or Precept And where one shall be arrested for Felony it behoves that some Felony be done and that he be suspected of the same Felony or otherwise he may have against him that did so arrest him a Writ of False imprisonment And when any man shall be arrested for Felony he shall be brought to the Goal there to abide till the next Sessions to be indicted or delivered by Proclamation Arretted ARretted is he that is convented before any Iudge and charged with a crime Sometimes it is used for imputed or laid unto As no folly can be arretted to him that is within age Lit. cap. Remit This word may come of the Latiu word Rectus for Bacton hath this Phrase Ad rectum habere malefactorem so that he may be charged and put to his trial And in another place he saith Rectarus de morte hominis Assach ASsach seems to be a Brittish word and to signifie a strange kind of Excuse or Purgation by the Oaths of 300. men Anno 1 H. 5. cap. 5. Assart ASsart is an offence committed in the Forest by pulling up by the Roots the Woods which are thickets or coverts of the Forest and by making them as plain as the arable Land This Assart of the Forest is the greatest offence or trespass that can be done in the Forest to Vert or Venison containing in it Waste or more For where Waste of the Forest is nothing but the felling and cutting down of the Covert wood which may in time grow again an Assart is a pulling up by the root by which they can never grow again Man part 2. c. 9. num 1. A writ of Ad quod damnum may be awarded where a man will sue licence to assart his Land within the Forest and make it several for Tillage so that it is no offence if it be done by licence Regist orig fol. 257. Assault ASsault from the French Assaillir signifies a violent kind of injury offered to a mans person of a more large extent than Battery for it may be committed by offering a blow or by a terrifying speech Lamb. Eiren. lib. 1. cap. 3. Assayer ASsayer is an Officer of the Mint appointed by the Stat. of 2 H. 6. c. 12. to be present at the taking in of the Bullion as a party indifferent between the Master of the Mint and the Merchant to set the true value of the Bullion according to the Law Assets ASsets is in two sorts the one called Assets per discent the other Assets enter maines Assets â— discent is where a man is bound in an Obligation and dies secised of Lands in Fee-simple which descend to his Heir then his land shall be called Assets that is enough or sufficient to pay the same debt and by that means the Heir shall be charged as far as the Land so to him descended will stretch But if he have aliened before the Obligation be put in Suit he is discharged Also when a man seised of lands in tail or in the right of his wife aliens the same with warranty and hath in value as much Lands in Fee-simple which descends to his Heir who is also Heir in Tail or Heir to the woman now if the Heir after the decease of his Ancestor bring a Writ of Formedon or Sur cui in vita for the land so aliened then he shall be barred by reason of the Warranty and the land so descended which is as much in value as that which was sold and so thereby he hath received no prejudice Therefore this Land is called Assets per discent Assets enter maines is when a man indebted as before is said makes Executors and leaves them sufficient to pay or some commodity or profit is come unto them in right of their Testator this is called Assets in their hands Assignee ASsignee is he to whom a thing is appointed or assigned to be used paid or done and is always such a person who occupres or hath the thing so assigned in his own right and for himself And of Assignees there are two sorts namely Assignee in Deed and Assignee in Law Assignee in Deed is when a Lease is granted to a man and his Assignees or without that word Assignees and the Grantee gives grants or sells the same Lease to another he is his Assignee in Deed. Assignee in Law is every Executor named by the Testator in his Testament As if a Lease be made to a man and his Assignees as is aforesaid and he makes his Executors and dies without assignment of the
Woods turned up and all their Lands and Tenements forfeited to the King But if it pass against him that brought that Attaint he shall be Imprisoned and grievously ransomed at the Kings will See the Statute 23 Hen. â— cap. 3. Attaint also is when Iudgment is given in Treason or Felony Attendant ATtendant is where one ows a duty or service to another or as it were depends upon another As if there be Lord Mesne and Tenant the Tenant holds of the Mesne by a peny the Mesne holds over by two pence the Mesne releases to the Tenant all the right which he hath in the Land the Tenant dies his wife shall be endowed of the land and she shall be Attendant to the Heir of the third part of one peny and not of the third part of two pence for she shall be endowed of the best possession of her husband Also where the wife is endowed by the Gardian she shall be attendant to the Gardian and to the Heir at his full age Attournment ATtournment is when one is Tenant for term of Life and he in Reversion or Remainder grants his right or estate to another then it behoves the Tenant for life to agree thereto and this agreement is called an Attournment For if he in the Reversion grant his estate and right to another if the Tenant for life attourn not nothing passes by the grant But if it be granted by Fine in Court of Record he shall be compelled to attourn And see thereof after Title Quid juris c â— mat and in Littl. lib. 3. cap. 10. Atturney ATturney is one appointed by another man to do something in his stead whom West hath defined thus Attorneys are such persons as by consent commandment or request take care of see to and undertake the Charge of other mens Business in their absence And where in ancient time those of authority in Courts have had it in their dispose when they would permit men to appear or sue by any other than themselves as appears by F. N. B. 25. in the Writ of Dedimus potestatem Ä‘ Attornato faciendo where it is shewed that men were driven to procure the Writs or Letters Patents of the King to appoint Atturneys for them it is now provided by divers Stat. that it shall be lawful so to do without any such circuity And there is great diversity of Writs in the table of the Register by which the King commands his Iudges to admit of Atturneys By which means at last there were so many unskilful Atturneys and so many mischiefs by them that an Act was 4 H. 4 c. 18. ordained for their restraint that the Iustices should examine them and put out the unskilful and An. 33 H. 6. c. 7. that there should be but a certain number of them in Norfolk and Suffolk In what cases a man at this day may have an Atturney and in what not see F. N. B. in the place before cited Atturney is either general or special Atturney general is he that is appointed to all our Affairs or Suits as the Atturney general of the King Atturney general of the Duke Cromp. 105. Atturney special or particular is he that is imploi â— d in one or more things particularly specifyed Atturneys general are made two ways either by the Kings Letters Patents or by our own appointment before Iustices in Eyre in open Court See Glan lib. 11. cap. 1. Brit. 126. Audience Court AUdience Court Curia audientiae Canturiensis is a Court belonging to the Archbishop of Canterbury of equal Authority with the Arches Court though inferior both in dignity and antiquity Of which you may read more in a Book entituled De antiquitate Ecclesiae Britannicae historia Audita Querela AUdita Querela is a Writ that lies where one is bound in a Statute-Merchant Statute-Staple or Recognisance or where Iudgment is given against him for Debt and his body in Execution thereupon then if he have a Release or other matter sufficient to be discharged of Execution but hath no day in Court there to plead it then he shall have this writ against him which hath recovered or against his Executors Auditor AUditor is an Officer of the King or some other great person who by yearly examining the Accounts of all under-Officers accountable makes up a general Book that shews the difference between their Receipts or Charge and their Payments or Allowances See the Statute 33 H. 8. c. 33. There is also another sort of Auditor assigned by any Court wherein a Defendant is adjudged to Account who take the Account and put it in form into Writing and then it is inrolled and the Plaintiff pleads to it and the Defendant replies if occasion be and so go to issue upon divers points and particulars of the Account Average AVerage is that Service which the Tenant owes his Lord to be done by the Beasts of the Tenant and it seems to be deriv'd from the word Averia because it is the Service which the Tenants Beasts perform for the Lord by carriage or otherwise This word also hath another signification and is much used in the Statute 32 H. 8. c. 14. for a certain Contribution which Merchants and others pay proportionably towards their losses that have their goods cast out in a tempest for the saving of the Ship or of the goods or lives of them that are therein Averment AVerment is where a man pleads a Plea in Abatement of the Writ or Bar of the Action which he saith he is ready to prove as the Court will award This offer to prove the Plea is called an Averment Also there is a Writ called a Writ of Averment which is made out of any of the Law Courts of Westminster-Hall when the Action is depending when the Sheriff upon a Distringas returns small issues then the Iudges of Assise may cause it to be enquired by a Iury if the Sheriff could return more issues of the Lands of the Defendant and if it be found he may then he must return more issues to force the Defendant to appear to the Plaintiffs suite or to do what the Distringas required him to do Averpeny AVerpeny is to be quit of divers sums of money for the Kings arrerages Augmentation AUgmentation was the name of a Court erected in the 27 year of King Henry the eighth And the cause thereof was that the King might be iustly used touching the profits of such Religious Houses and their Lands as were given him by Act of Parliament the same year not printed For dissolving which Court there was an Act made in the Parliament held in the first year of the Reign of Queen Mary Sess 2. cap. 10. which she afterward put in execution by her Letters Patents The name of the Court arises from this That the Revenues of the Crown were so much augmented by the Suppression of the said Houses as the King reserved to the Crown and neither gave nor sold to others But the Office of
Instruments have been heretofore used and of force in this Land but by the Statute of 28 H. 8. c. 16. it was e â— acted That all Bulls Breves Faculties and Dispensations of whatsoever name or nature that it was had or obtained from the B. of Rome should be altogether void and of no effect See Rastal 328. C. D. Bullion BUllion comes from the French word Billon which is the place where Gold is tryed And so Bullion is taken in the Statutes made in 27. E. 3. Stat 2. c. 14. and in 4 H 4. Stat. 1. c. 10. for the place whither Gold or Silver is brought to be tryed or exchanged But Bullion is also taken in the Stat. 9 E. 3. Stat. 2. c. 2. for Gold or Silver in the Mass or Billet Burbreach BUrbreach is to be quit of Trespasses done in City or Borough against the Peace Burgage TO hold in Burgage is to hold as the Burgagers hold of the King or of another Lord lands or tenements yielding him a certain Rent yearly or else where another man then Burgers holds of any Lord Lands or Tenements in Burgage yielding him a certain Rent Burghbote BUrghbote is to be quit of giving aid to make a Burrough Castle City or Walls thrown down Burgh English BUrgh English or Borough English is a Custome in some ancient Borough that if a man hath issue divers sons and dies yet the youngest son only shall inherit and have all the Lands and Tenements that were his fathers whereof he died seised within the same Borough by descent as Heir to his Father by force of the Custome of the same Borough This Tenure is also of Copyhold Estates by Custome of divers Mannors Burglary BUrglary is when one breaks and enters into the House of another in the night with felonious intent to rob or kill or to do some other Felony in which cases although he carry away nothing yet it is Felony for which he shall suffer death Otherwise it is if it be in the day-time or that he break the House in the night and enter no therein at that time But if a Servant conspire with other men to rob his Master and to that intent opens his Masters doors and windows in the night for them and they come into the house by that way this is Burglary in the Strangers and the Servant is a Thief but no Burglar And this was the opinion of Sir Roger Manwood Knight Lord chief Baron of the Cxchequer at the quarter Sessions holden at Canterbury in Jannary 1579. 21 Eliz. Buttlerage IS an old Duty to the Kings of this Realm for Wine imported by Aliens Moor Rep. 833. C Cablish CAblish among the Writers of the Forest Laws signifies Brushwood Manwood pag. 84. Cromp. Jur. fol. 165. Cantred CAntred is as much in Wales as an Hundred in England for Cantre in the British tongue signifies Centum The word is used An. 28. H. 8. c. 3. Capacity CApacity is when a man or Body politick or corporate is able to give or take Lands or other things or sue Actions As an Alien born hath sufficient Capacity to sue in any personal Action but in a real Action it is a good Plea to say he is an Alien born and pray if he shall be answered Dyer f. 3. pla 8. If a man enfeoff an Alien and another man to the use of themselves or c. it seems that the King shall have the moiety of the Land for ever by reason of the Incapacity of the Alien Dyer f. 283. pla 31. By the Common Law no man hath Capacity to take Tythes but Spiritual persons and the King who is a person mixt but a Lay-man who is not capable of taking Tithes was yet capable of discharge of Tithes in the Common Law in his own land as well as a Spiritual man See Coke l. 2. f. 44. Cape CApe is a Writ judicial touching Plea of Lands or Tenements so called as the most part of Writs are of that word which in it self carries the especiallest intention or end thereof And this Writ is divided into Grand Cape and Petit Cape both which take hold of things immovable and seem to differ in these Points First because Grand Cape lies before Apparance and Petit Cape after Secondly by the Grand Cape the Tenant is summoned to answer to the default and over to the Demandant Petit Cape summons the Tenant to answer to the default only and therefore it is called Petit Cape in the Old N. B. 161 162. Yet Ingham saith that it is not called Petit Cape because it is of small force but because it is a little Writ in words This Writ seems to contain in it a Process with the Civilians called Missio in possessionem ex primo secundo Decreto For as the first Decree seises the thing and the second gives it from him that made the second default in his Appearance so this Capias seises the Land and also assigns over to the party a day of Appearance at which if he comes not in the Land is forfeited Yet there is difference between these two courses of the Common and Civil Law for this Missio in possessionem extends to touch as well Goods movable as immovable where a Cape extends only to the immovable Secondly in this That the party being satisfied of his demand the residue is restored to him that defaulted but by the Cape all is seised without restitution Thirdly That is to the use of the party agent the Cape is to the use of the King See Bract. l. 5. tract 3. c. 1. num 4 5 6 Regist Judic fol. 2. a. Cape ad Valentiam CApe ad Valentiam is a Writ or Execution and is thus defined in the Old Nat. Brev. fo 161. 162. This writ lies where the Tenant is impleaded of certain Lands and he vouches to Warranty another against whom the Summons ad warrantizan â— hath been awarded and the Vouchee comes not in at the day given then if the Demandant recover against the Tenant he shall have this Writ against the Vouchee and shall recover so much in value of the Vouchees land if he have so much and if he hath not so much then the Tenant shall have Execution by this Writ of such Lands and Tenements as descend to him in Fee-simple or if he purchase afterwards the Tenant shall have against him a Resummons and if he can say nothing he shall recover the value And know that this Writ lies before Apparance Of these and their divers uses see the Table of the Reg. jud the word Cape Capias CApias is of two sorts The one before Iudgment called Capias ad respondendum in an action personal if the Sheriff return upon the first Writ Nihil habet in Balliva nostra And the other is a Writ of Execution after Iudgment which also is of divers natures which see in the Title Process Capite CApite is a Tenure that holds immediately of the King as of his Crown
be it by Knights Service or Soccage and not of any Honor Castle or Mannor and for this it is also called a Tenure which holds meerly of the King For as the Crown is a Corporation a Seignory in gross so the King who possesses the Crown is in the eye of the Law perpetually King never in his Minority and dies no more than Populus doth whose authority he bears See Fitz N. BreÌ„ fol. 5. Yet note That a man may hold of the King and yet not in Capite that is not immediately of the Crown in gross but by means of some Honor Castle or Manor belonging to the Crown whereof he holds his Land Of this Kitchin saith well That a man may hold of the King by Knight's service and yet not in Capite because it may be he holds of some honour by Knights service that is in the Kings hands by descent from his Ancestors and not immediately of the King as of his Crown fol. 129. With which agrees Fitzh Nat. BreÌ„ fol. 5. k. whose words are to this effect It plainly appears that Lands which are held of the King as of an Honor Castle or Manor are not held in Capite of the King because a Writ of right iu this case shall be directed to the Bailiff of the Honor Castle or Manor c. But when the lands are held of the King as of his Crown then they are not held of an Honor Castle or Manor but meerly of the King as King as of his Crown as of a Seignory of it self in gross and the chief of all other Seigniories And this Tenure in Capite is otherwise called Tenure holding of the person of the King Dyer fol. 44. Brook titulo Tenures num 65 99. And yet Ki â— chen fol. 208. saith That a man may hold of the person of the King and yet not in Capite His Case is this If the King purchase a Manor that J. S. holds the Tenant shall hold as he did before and he shall not render Livery nor primer Seisin nor hold in Capite And if the King grants his Manor to W. N. in fee excepting the services of J. S. then J. S. holds as of the person of the King and yet holds not in Capite but as he held before By which it seems that Tenure holding of the person of the King and Tenure in Capite are two divers Tenures To take away which difference it may be said That this place of Kitchen is to be taken as if he had said Not in Capite by Knights service but by Socage following the usual speech because most commonly where we speak of Tenure in Capite we intend Tenure by Knight's service See the Stat. 12 Car. 2. c. 24. by which all Tenures are now turned into free and common Socage Cark CArk seems to be a quantity of Wooll whereof 30 make a Sarplar 27 H. 6. cap. 2. See Sarplar Carno CArno is an Immunity as appears in Cromp. Jurisd f. 191. where it is said That the Prior of Malton made claim for him and his men to be quit of all Amerciaments within the Forest and also to be quit of Escapes and of all manner of Gelds and of Foot-gelds Buckstall Trites Carno and Summage c. Carrack or Carrick CArrack alias Carrick is a Ship of burthen and is so called of the Italian word Carico or Carco which signifies a Burthen This word is mentioned in the Statute 1 Jac. c. 33. Carue of Land CArue or Carucate of land is a certain quantity of land by which the Subjects have been heretofore taxed whereupon the Tribute so levied is called Caruage Bract. l. 2. c. 16. num 8. Lit. Sect. 119. saith that Soca is the same with Caruca sc a Soke or Plow Stow in his Annals p. 251. hath these words The same time H. the King took Caruage that is to say two Marks of Silver for every Knight's Fee to the marriage of his sister Isabel to the Empereur By which it seems there was raised of every Plow-land so much and so consequently of every Knight's free two Marks of Silver Rastal in his Exposition of words saith that Caruage is to be quit if the King shall tax all the Land by Plows that is a Priviledge by which a man is freed from Caruage Skene saith that it contains as great a portion of land as may be eyred or tilled in a year and a day with one Plow which also is called a Hild or Hide of land Castellain CAstellain is a Keeper or Captain sometimes called a Constable of a Castle Bracton l. 5. c. 2. cap. 16. In the same manner it is used anÌ„ 3 E. 1. c. 7. In the book of Feudis you shall find Guastaldus to be of like signification but more large because it is also extended to those that have the custody of the King's Mansion-houses called Courts notwithstanding they are not places of defence or force Manwood part 1. of the Laws of the Forest p. 113. saith That there is an Officer of the Forest called Castellanus Castle-guard CAstle-guard is an Imposition laid upon such of the Kings subjects as dwell within a certain compass of any Castle to the maintenance of such as watch and ward it Mag. Chart. cap. 2. an 32 H. 8. ca. 48. It is sometimes used for the Circuit it self which is inhabited by such as arc subject to this Service See Chivalry Casu consimili CAsu consimili is Writ of Entry granted where the Tenant by courtesie or Tenant for term of life or for the life of another aliens in Fee or in tail or for the life of another And it hath this name because the Clerks of the Chaucery have framed it by their common consent like the Writ called in casu ê“viso according to the authority given them by the Stat. of West 2. cap. 24. which wills That as often as it shall happen in Chancery that in one case a Writ is found and in the like case a remedy is wanting the Clerks of the Chancery should agree to make a Writ c. And this Writ is granted to him in reversion against the party to whom the said Tenant so aliened to his prejudice and in the life of the Tenant See more of this F. N. B. fol. 206. Casu proviso CAsu proviso is given by the Stat of Gloucester cap. 7. This Writ lies where Tenant in Dower aliens in Fee or for life or in tail the Land which she holds in Dower there he that hath the Reversion Fee or in Tail or for term of life shall presently have this Writ against the Alienee or him that is Tenant of the Free-hold of the Land and that during the life of the Tenant in Dower F. N. B. 205. n. Catals CAtals or Chatels comprehend all Goods movable and immovable except such as are in nature of Free-hold or parcel of it as may be collected out of Stamf. Praer cap. 16. and anno 1 Eliz. cap. 2. Yet Kitch fol. 32. saith that
Winchester 13 Edw. 1. which appoints for the conservation of the Peace and view of Armour two Constables in every Hundred and Liberty and these are at this day called High Constables because the increase of people and offences hath again under these made others in every Town called Pe ◠ie Constables who are of the like nature but of inferiour authority to the other Besides these there are Officers of particular places called by this name as Constable of the Tower Stan. 152. 1 H. 4. 13. Constable of the Exchequer 15 H. 3. Stat. 5. Constable of Dover Castle Camb. Brit. pag. 239. F. N. B. otherwise called Castellain Manw. part 1. cap. 13. of his Forest Law makes mention of a Constable of the Forest Customes and Services See Prescription CUstomes and Services is a Writ and lies where I or my ancestors after the limitation of Assise for which see the Title of Limitation in the Collection of Statutes were not seised of the Customes or Services of the Tenant before then I shall have this Writ to recover those Services Also the Tenant may have this Writ against his Lord but after the Tenant hath declared the Lord shall defend the words of the Declaration and replying shall say that he distrained not for the Customes whereof the Declaration is and then he shall declare all the Declaration of the Customes and Services and then the Tenant who was Plaintiff shall become Defendant and shall defend by Battel or great Assise Consultation COnsultation is a Writ whereby a Cause being formerly removed by Prohibition out of the Ecclesiastical Court or Court Christian to the Kings Court is returned thither again For if the Iudges of the Kings Court comparing the Libell with the Suggestion of the party find the Suggestion false or not proved and therefore the Cause to be wrongfully called from the Court Christian then upon this Consultation or Deliberation they decree it to be returned again whereupon the Writ in this case obtained is called a Consultation Of this you may read the Regist Orig. fol. 44. untill fol. 58. Old Nat. Brev. fol. 32. Fitzh Nat. Brev. fol. 50. Contenement COntenement seems to be the Freehold-land that lies to the Tenement or Dwelling-house that is in his own occupation for in Magna Charta cap. 14. there are these words A Free-man shall not be amerced for a small fault but according to the quantity of the fault and for a great fault according to the manner thereof saving unto him his Conteuement or Free-hold And a Merchant shall also be amerced saving to him his Merchandizes and a Villain saving to him his Wainage Continual Claime COntinual claim is where a man hath right to e ◠ter into certain lands whereof another is seised in Fee or fee-Fee-tail and dares not enter for fear of death or beating but approaches as nigh as he dares and makes Claim thereto within the year and day before the death of him that hath the Lands if that he who hath the Land die seised and his Heir is in by discent yet he that makes such Claim may enter upon the Heir notwithstanding such discent because he hath made such Continual claim But such Claim must always be made within the year and the day before the death of the Tenant for if such Tenant do not die seised within a year and a day after such Claim made and yet he that hath right dares not enter then it behoves him that hath such right to make another Claim within the year and day after the first Claim and after such second Claim to make the third Claim within the year and day if he will be sure to save his Entry But if the Disseisor die seised within the year and day after the Disseisin and no Claim made then the entrie of the Disseisee is taken away for the year and day shall not be taken from the time of the title of the Entry to him grown but only from the time of the last Claim by him made as is aforesaid See more hereof in Littl. li. 3. c. 7. and see the Stat. 32 H. 8. cap. 33. Continuance COntinuance in the Common Law is of the same signification with Prorogatio in the Civil as Continuance until the next Assise Fitzh Nat. Brev. 154. f and 244. d. in both which places it is said That if a Record in the Treasury be alledged by the one party and denyed by the other a Certiorari shall be sued to the Treasurer and the Chamherlain of the Exchequer and if they do not certifie in the Chancery that such Record is there or that it is like to be in the Tower the King shall send to the Iustices repeating the said Certificate and commanding them to continue the Assise In this signification it is also used by Kitchen 202. and 119. also Anno 11 H. 6. cap. 4. Contract COntract is a Bargain or Covenant between two parties where one thing is given for another which is called Quid pro quo as if I sell my Horse for money or if I covenant to make you a Lease of my Mannor of Dale in consideration of twenty pound that you shall give me these are good Contracts because there is one thing for another But if a man make promise to me that I shall have xx s. and that he will be debtor to me thereof and after I ask the xx s. and he will not deliver it yet I shall never have any Action to recover this xx s. because this Promise was no Contract but a bare Promise and Ex nudo Pacto non oritur Actio But if any thing were given for the twenty shillings though it were but to the value of a peny then it had been a good Contract Contra forma Collationis COntra formam Collationis is a Writ that lies where a man hath given Lands in perpetual Almes to any of the late Houses of Religion as to an Abbot and Convent or other Soveraign or to the Warden or Master of any Hospital and his Covent to find certain poor men and to do other Divine Service if they alien the Lands then the Donor or his heirs shall have the said Writ to recover the Land But this Writ shall be alway brought against the Abbot or his successor and not against the Alienee although he be Tenant but in all other Actions where a man demands Free-hold the Writ shall be brought against the Tenant of the Land See the Stat. West 2. cap. 41. Contra formam Feoffamenti COntra formā Feoffamenti is a Writ that lies where a man before the Statute of Quia emptores terrarum made 18 Edw. 1. infeoffed another by Deed to do certain Service if the Feoffor or his heirs distrain him to do other Service then is comprised in the Deed then the Tenant shall have this Writ commanding him not to distrain him to do other Service then is comprised in the Deed. But this Writ lies not for the Plaintiff who
the Law gives much credit and authority to Coroners Corporation Corporation is a permanent thing that may have succession And it is an Assembly and joyning together of many into one Fellowship Brotherhood and mind whereof one is Head and chief the rest are the Body and this Head and Body knit together make the Corporation And of Corporations some are Spiritual some Temporal and of Spiritual some are Corporations of dead persons in Law and some otherwise and some are by authority of the King only and some have been of a mixt authority And of those that are Temporal some are by the authority of the King also and some by the Common Law of the Realm Corporation Spiritual and of dead persons in the Law is where the Corporation consists of an Abbot and Covent which had beginning of the King and the Pope when he had to do here Corporation Spiritual and of able persons in Law is where the Corporation consists of a Dean and Chapter Master of a Colledge or Hospital and this Corporation had beginning of the King only Corporation Temporal by the King is where there is a Mayor and Commonalty Corporation Temporal by authority of the Common Law is the Assembly in Parliament which consists of the King the Head of the Corporation the Lords Spiritual and Temporal and the Commons of the Realm the Body of the Corporation Bodies politick BOdies politick are Bishops Abbots Priors Deans Parsons of Churches and such like which have succession in one person only If land be given to a Maior and Commonalty for their lives they have an Estate by intendment not determinable So it is if a Feoffment be made of land to a Dean and Chapter without speaking of Successors Release of a Mayor for any summ of money due to the Corporation in his own name is not good in Law In case of a sole Corporation or Body politick as Bishop Parson Vicar Master of Hospital c. no Chattel either in action or possession shall go in succession but the Executors or Administrators of the Bishop Parson c. shall have them for Succession in a Body politick is as Inheritance in case of a body private But otherwise is in case of a Corporation composed of many as a Dean and Chapter Mayor and Commonalty and such like for there they in judgement of the Law never die Yet the case of the Chamberlain of London differs from all these and his Successors may in his own name have Execution of a Recognisance acknowledged to his Predecessor for Orphanagemoney and the reason is because in this case the Corporation of the Chamberlain is by Custome and the same Custome that hath created him and made a Corporation in Succession as to the said special purpose concerning Orphanage hath enabled the Successor to take such Recognisances Obligations c. that are made to his Predecessor And this Custom is founded upon great reason for the Executors or Administrators of the Chamberlain ought not to intermeddle with such Recognisances Obligations c. which by the said Custom are taken in the corporate capacity of the Chamberlain and not in his private But a Bishop Parson c. or any sole Corporation that are Bodies politick by prescription cannot take a Recognisance or Obligation but only to their private and not in their politick capacity for they want Custome to take a Chattel in their politick or corporate capacity Corpus cum Causa or Habeas Corpus COrpus cum Causa is a Writ issuing out of the Chancery to remove both the body and the Record of the Cause of any man lying in Execution upon a Iudgement for Debt into the Kings Bench c. there to lie till he have satisfied the Iudgement Fitzh Nat. Brev. fol. 251. e. It lies also to remove any Action from inferiour Courts of Record into any of the 3 Courts in Westm Corruption of Blood COrruption of Blood is when any one is attainted of Felony or Treason then his Bloud is said to be corrupt by means whereof neither his children nor any of his bloud can be heirs to him or to any other Ancestor for which they ought to claim by him And if he were a Noble or Gentleman before he and all his children are made thereby ignoble and ungentle having regard to the Nobility or Gentry they claim by their father which cannot be restored by the Kings Grant without authority of Parliament But if the King will pardon the offendor it will cleanse the corruption of the Blood of those children which are born after the Pardon and they may inherit the land of their Ancestor purchased at the time of the Pardon or afterwards but so cannot they who were born before the Pardon Also he that is attainted of Treason or Felony shall not be heir to his father but this disability shall hinder others to be heir so that during his life the land shall rather escheat to the Lord of the Fee then discend to another But if he who is attainted dies without issue of his body during the life of his Ancestor then his younger Brother Sister or Cousin shall inherit for if the eldest Son be hanged or abjure the Realm for Felony during the life of the Father it is no impediment but that the youngest Son may inherit 27 Edw. 3. c. 77. And if he who is attaint of Treason or Felony in the life of his Ancestor purchase the Kings Pardon before the death of his Ancestor yet he shall not be Heir to the said Ancestor but the Land shall rather escheat to the Lord of the Fee by the Corruption of bloud 26 Ass pla 2. But if the eldest son be a Clerk convict in the life of his Father and after his Father dies in this case he shall inherit his Fathers Land because he was not attainted of Felony for by the Common Law he should inherit after he had made his Purgation And now by the Statute of 18 El. cap. 6. he shall be forthwith enlarged after burning in the hand and delivered out of prison and not committed to the Ordinary to make his Purgation but he is in the same case as if he had made his Purgation If a man that hath Land in right of his wife hath issue and his Bloud is corrupt by Attainder of Felony and the King pardons him in this case if the wife dies before him he shall not be Tenant by the courtesse for the corruption of the blood of that issue But it is otherwise if he hath issue after the Pardon for then he shall be Tenant although the issue which he had before the Pardon be not inheritable 13 H. 7. c. 17. If a man seised of Land hath issue two sons and the eldest is attainted in the life of his Father of Felony and therefore executed or otherwise dies during the life of his Father and after the Father dies seised the Land shall descend to the youngest son as Heir unto his Father if
the eldest son hath no issue then alive But if the eldest son who was attaint hath any Issue 〈◊〉 which should have inherited but for the Attainder the 〈◊〉 shall escheat to the Lord and shall not discend to the youngest brother because the Bloud of the eldest brother is corrupt 32 H. 8. Dy. 48. But it is to be noted That there are divers things made Treason by Act of Parliament whereof although a man be attainted yet his Bloud is not corrupt neither shall he forfeit any thing but that which he hath for his own life As if a man be attainted upon the Statute of 5 Eliz. cap. 1. ordained against the maintaining of the authority of the Bishop and See of Rome this shall not extend to make any Corruption of bloud the disheritance of any Heir forfeiture of any Dower nor to the prejudice of the right or title of any person other then the Offendor during his natural life only So if a man be attainted by force of the Statute of 5 Eliz. cap. 11. provided against the clipping washing filing and rounding of Money yet there is no Corruption of bloud In the same manner is it of the Statute of 18 Eliz. cap. 1. 1 Jac. cap. 12. 1 Mar. cap. 12. against Vnlawfull assemblies and 5 Eliz. cap. 14. against the Forging of evidence and the Statute of 31 Eliz. c. 4. against the Embezilling of the Queens Ordnance Armour or Artillery Corse present COrse present are words signifying a Mortuary and the reason why the Mortuary is so termed is because where a Mortuary was wont to be due the Body of the best Beast was according to the Law or custome offered or presented to the Priest See Anno 21 Hen. 8. ca. 6. where among other things it is enacted That no Corse present nor any summe of money or other thing for any Mortuary or Corse present shall be demanded received or had but only in such places and Towns where Mortuaries have been accustomed to be taken and paid Cosinage COsinage is a Writ that lies where my great Grandfather my Grandfathers Grandfather or other Cousin dies seised in Fee-simple and a Stranger abates viz. enters into the Lands then I shall have against him this Writ or against his Heir or his Alienee or against whosoever comes after to the said Lands But if my Grandfather die seised and a Stranger abates then I shall have a Writ of Ayel But if my Father Mother Brother Sister Vncle or Aunt die seised and a Stranger abates then I shall have an Assise of Mortdauncester Cottage COttage is a little House for habitation of poor men without any Land belonging to it whereof mention is made in the first Statute made in 4 E. 1. And the inhabitant of such a house is called a Cottager But by a Statute made in the 31 year of Queen Eliz. cap. 7. no man may build such a Cottage for habitation unless he lay unto it four acres of Freehold-land except in Market-Towns or Cities or within a mile of the Sea or for habitation of Labourers in Mines Sailors Foresters Shepherds c. Coucher COucher is a Factor who continues in some place or Country for traffick an 37 E. 3. c. 16. It is also used for the general Book into which any Corporation enters their particular Acts for a perpetual remembrance of them Covenable COvenable is a French word signifying Convenient or suteable as Covenably endowed Anno 4 H. 8. ca. 12. It is anciently written convenable as in the Stat. 27 Ed. 3. Stat. 2. ca. 17. Covenant COvenant is an Agreement made by Deed in writing and sealed between two persons where each of them is bound to the other to perform certain Covenants for his part and if the one performs not his Covenant the other shall have thereupon a Writ of Covenant And Covenants are either in Law or in Fact Cok. lib. 4. fol. 80. or Covenant expressed and Covenant in Law Cok. lib. 6. fol. 17. A Covenant in Law is that which the Law intends to be done though it be not expressed in words As if a man demise any thing to another for a certain term the Law intends a Covenant of the part of the Lessor that the Lessee shall hold all his term against all lawfull incumbrances Covenant in Fact is that which is expresly agreed between the parties Also there is a Covenant meerly personal and Covenant real Fitzh Nat. Brev. f. 145. seems to say that Covenant real is whereby a man ties himself to pass a thing real as Lands or Tenements as a Covenant to levy a Fine of Land Covenant meerly personal is where a man covenants with another by Deed to build a house or to serve him See the old Book of Entries the word Covenant But note well That no Writ of Covenant shall be maintainable without especialty except in the City of London or in some other place priviledged by custome and use Coverture COverture is when a man and a woman are married together now whatsoever is done concerning the wife in the time of the continuance of this Marriage is said to be done during the Coverture and the wife is called a Woman covert and thereby is disabled to contract with any one to the prejudice of her self or her husband without his consent and privity at the least without his allowance and confirmation See Brook this Title And Bract. saith That all things that are the wife's are the husbands neither hath the wife power of her self but the husband lib. 2. cap. 15. and the husband is the head of his wife lib. 4. cap. 24. and again that in any Law-matter she cannot answer without her husband lib. 5. tract 1. cap. 3. And if the husband alien his wife's Land during the Coverture she cannot gain-say it during his life Covin COvin is a secret Assent determined in the hearts of two or more to the prejudice of another As if a Tenant for term of life or Tenant in tail will secretly conspire with another that the other shall recover against the Tenant for life the Land which he holds c. in prejudice of him in the Reversion Or if an Executor or Administrator permit Iudgments to be entred against him by fraud and plead them to a bond or any fraudulent assignment or conveyance be made the party grieved may plead covin and relieve himself Vid. Stat. 2 R. 2. cap. 3. 3 H. 7. ca. 4. 13 El. c. 5. and 27 El. 4. Count. COunt is as much as the original Declaration in a Processe though more used in real than personal Actions as Declaration is more applied to personal than real F. N. B. 16. a. 60. d. n. 71. a. 191. e. 217. A Libel with the Civilians comprehends both Yet Count and Declaration are confounded sometimes as Count in Debt Kitch 281. Count or Declaration in Appeal Pl. Cor. 78. Count in Trespasse Brit. cap. 26. Count in Action of Trespasse upon the Case for a Slander Kitch 252. Contours
and the issue is â—â— pt forth of her belly alive there he shall not be Tenant by the Curtesie for this ought to begin by the issue and consummate by the death of the woman and the Estate of the Tenant by the Curtesie ought to avoid the immediate discent But if the husband hath issue by his wife and after Land discends to the woman be the issue then dead or alive he shall be Tenant by the Curtesie for the time of the birth of the issue is not material if it be in the life of the woman If Lands be given to a woman and the heirs males of her body and she takes an hu â— band and hath issue a daughter and dies the husband shall not be Tenant by the Curtesie for the issue cannot by any possibility inherit the same Tenements Also as a woman alien marrying one of the Kings subjects shall not be endowed in the same manner a man alien shall not be Tenant by the Curtesie Also if a man seised of Land in right of his wife be attainted of Felony having issue and then purchases the Kings Pardon and after his wife dies there he shall not be Tenant by the Curtesie But if he hath issue by his wife born after the Pardon in such case he shall Curtilage CUrtilage is a Garden Yard Field or piece of void ground lying near and belonging to the Messuage West part 2. sect 26. And so it is used 35 H. 8. c. 4. 39 Eliz. 2 Coke l. 6. fol. 64. Customary Tenants CUstomary Tenants are such Tenants as hold by the Custome of the Mannor as their special Evidence Custome CUstome may be defined to be a Law or Right not written which being established by long use and consent of our Ancestors hath been and dayly is put in practice Custome is either general or particular General is that which is current through England whereof you may read in Doctor and Student l. 1. c. 7. many very worthy to be known Particular is that which belongs to this or that County as Gavelkind to Kent or to this or that Lordship City or Town Custome differs from Prescription because Custome is common to many and Prescription by the opinion of some is particular to this or that man Again Prescription may be for a shorter time than Custome sc for five years or less As if a Fine be duly levied of Lands or Tenements and be not gainsaid within five years this is a Bar to all Claim for ever If a man omits his Continual Claim for a year and a day then the Tenant in possession prescribes an Immunity against the Entry of the Demandant and his Heir Fitzh Nat. Brev. 79. Out of our Statutes you may have greater diversity so that this seems to be a true saying That Prescription is an Exception founded upon so long time gone and past as the Law limits for the pursuit of any Action An example may be taken out of the Statute of 1 H. 8. c. 4. which enacts That in all Actions popular information shall be made within three years after the offence committed otherwise to be of no force Custome is also used for the Tribute or Toll that Merchants pay to the King to carry in and out Merchandizes 14 E. 3. Stat. 1. c. 21. In which signification it is called Custuma in Latine Reg. Orig. 129. a. 138. a. And lastly for such Services as Tenants of a Manor owe unto their Lord. Old Book of Entries word Custome See Consuetud Servitiis Custos Brevium CUstos Brevium is the chief Clerk belonging to the Court of Common Pleas or Kings Bench whose office is to receive and keep all the Writs and to put them upon Files every Return by it self and at the end of every Term to receive of the Prothonotaries all the Records of Nisi prius called the Postea The Custos Brevium also makes entry of Writs of Covenant and the Concord upon every Fine and makes out Exemplifications and Copies of all the Writs and Records in his Office and of all the Fines levied The parts of the Fines after they are ingrossed are divided between the Custos Brevium and the Chirographer whereof the Chirographer keeps always the Writ of Covenant and the Note the Custos Brevium keeps the Concord and the Foot of the Fine upon which Foot the Chirographer causes the Proclamations to be indorsed when they are all proclaimed Custos Rotulorum CUstos Rotulorum is he that hath the keeping of the Rolls or Records of the Sessions of the Peace and as some think of the Commission of the Peace it self Lam. l. 4. c. 3. p. 373. He is always Iustice of the Peace and Quorum in the County where he hath his Office and by his Office he is rather termed an Officer or Minister then a Iudge because the Commission of the Peace lays this special Charge by express words upon him That he should cause the Writs Precepts Process and Indictments aforesaid to come and be before him and his fellow-Justices at the days and places aforesaid Gardian of the Spiritualties GArdian of the Spiritualties is he that exercises the spiritual and Ecclesiastical Iurisdiction of any Diocess during the Vacancy of the See the appointment of whom by the Canon Law pertains to the Dean and Chapter lest in the Vacancie of the See some Innovation should be introduced But in Engl. the Archbishop of the Province hath it by Prescription Howbeit many Deans and Chapters a â— M. Gwyn saith in his Preface to his Readings challenge this by ancient Charters from the Kings of this Land Cuynage CUynage is a word used in the Statute of 11 H. 7. c. 4. for the making up of Tinne into that fashion as it is used to be framed for the better carriage of it into other parts D. Dammage DAmmage is part of that which the Iurors are to enquire of in giving their Verdict for the Complainant or Demandant in an Action real or personal For after the Verdict given upon the principal matter they are also asked their Consciences touching Costs which are the Expences of the Suit and Dammages which contain the prejudice which the Plaintiff or Demandant hath suffered by means of the wrong doue him by the Defendant or Tenant And forasmuch as Iustice and Reason require that when the life credit lands goods corruption of bloud and all that a man hath to forfeit in this world are put in peril without just cause but only upon the malicious Accusation of another by Appeal that the Appellee should have satisfaction therefore against his false Accuser and if he hath not sufficient then against him or them that abbetted or procured him to pursue the Appeal Therefore the Common Law gave Dammages to the Defendant in an Appeal and assigned him a means for the recovery thereof when he was acquitted of the Felony as it is 48 E. 3. 22. But forasmuch as the Dammages against the Procurors and Abbettors were to be recovered
Court of Iustice Magistracy or Title of land for which the party shall be punished according to the nature and quality of his offence sometimes by Action upon the Case for Slander at the Common Law and other times in the Ecclesiastical Court. As if a man contrive any False news or horrible and false Lies of Prelates Dukes Earls c. then an Action De Scandalis Magnatum will lie against him by the Statute of 2 R. 2. cap. 5. and this being proved the party offending shall be grievously punished But for words of Defamation against a private man there the party grieved shall have his Action upon the Case for the Slander and shall recover in dammages according to the quality of the fault wherein the quality of the person who is so defamed is much to be considered But for Defamations determinable in the Spiritual Court they ought to have three incidents First it ought to concern matter meerly Spiritual and determinable in the Ecclesiastical Court as for calling him Heretick Schismatick Adulterer Fornicator c. Secondly that it concern matter meerly Spiritual only for if such Defamation concern any thing determinable at the Common Law the Ecclesiastical Iudge shall not have conusance thereof As if a Divine is to be presented to a Benefice and one to defeat him thereof saith to the Patron that he is an Heretick or a Bastard or that he is Excommunicated whereby the Patron refuses to present him and he loses his Preferment he shall have an Action upon the Case for these Defamations tending to such an end Also if a woman be bound that she shall live continent for if a Lease be made to her so long as she shall live chaste in these cases Incontinency shall be tryed by the Common Law Thirdly although such Defamation be meerly and only Spiritual yet he that is defamed cannot sue there for amends or Dammages but the Suit ought to be only for punishment of the fault for the Soul's health of him that so offends And as for the Slander of a Title to Land if A. saith that B. hath right in the Lands of C. whereby C. is damnified then he may have an Action upon the Case for the Defamation of his Title against A. And although B. hath a colourable Title yet A. shall be punished forasmuch as he hath taken upon him knowledge of the Law and medled in a matter which concerned him not But if a man saith that he himself hath right to the Land of another in this case no Action for Defamation lies although he knows his Title to be false Cok lib. 4. fol. 18. Defeisance DEfeisance is a Condition relating to a Deed as an Obligation Recognisance or Statute which being performed by the Obligor or Recognisor the Act is disabled and made void as if it had never been done And there is no Warrantie Recognisance Rent-charge Annuity Covenant Lease for years or such like but that they may by a Defeasance made with the mutual consent of all those who were parties to the creation thereof by Deed be adnulled discharged and defeated And the difference between a Proviso or Condition in Deed and a Defeasance is in this That the Proviso or Condition is annexed or inserted in the Deed or Grant whereas a Defeasance is usually a Deed by it self concluded and agreed on between the parties and having relation to another Deed. And therefore if the Condition of an Obligation be repugnant to the Deed the Condition is void and the Obligation good As if the Condition be that he shall not sue the Obligation this is void as well as it is of a Feoffment upon Condition that the Feoffee shall not take the Profits But a Defeasance is a Grant that is made after the Obligation to defeat the same Obligation and this is good though it be repugnant and so not like a Condition 21 H. 7. fol. 24. b. For the form and manner of Defeasances according to the diversity of the Case see West part 1. Symb. lib. 2. sect 230 231 c. Defence DEfence is that which the Defendant ought to make immediately after the Count or Declaration made that is that he defends all the Wrong Force and Dammage where and when he ought and then to proceed farther to his Plea or to imparl And note that by defending the Force and Wrong he doth excuse himself of the Wrong against him surmised and makes himself party to the Plea and by defending the Dammage he affirms the Plaintiff able to be answered unto And for the residue of the Defence he accepts the power of the Court to hear and determine their Pleas of this matter For if he will plead to the Iurisdiction he ought to omit in his Defence these words ou quant il devera and if he will shew any disability in the Plaintiff and demand Iudgment if the party shall be answered unto then he ought to omit the Defence of the Dammage Defendant DEfendant is he that is sued in Action personal who is called Tenant in an Action real Defendemus DEfendemus is an ordinary word in a Feoffment or Donation and hath this force that it binds the Donor and his Heirs to defend the Donee if any man go about to lay any Servitude upon the thing given other then is contained in the Donation Braction lib. 2. cap. 16. num 10. See also Warrantizantibus Defender of the Faith DEfender of the Faith is a peculiar Title given to the King of England by the Pope as Catholicus to the King of Spain and Christianissimus to the French King It was first given by Leo. x. to K. Hen. 8. for writing against Martin Luther in behalf of the Church of Rome Stow's Annals p. 863. Deforceor DEforceor is he that overcomes and casts out with Force who differs from a Disseisor first in this that a man may disseise another without Force which act is called Simple Dissesin Britton cap. 33. Then because a man may deforce another that never was in possession as if many have right to Lands as common Heirs and one keeps them out the Law saith that he deforces them though he never disseised them Old Nat. Brev. fol. 118. If Tenant in tail makes a Feoffment in fee by which the Feoffee is in and afterward the Tenant in tail dies and his issue sues a Writ of Formedon against the Feoffee the Writ shall say and also the Count c. that the Feoffee wrongfully deforced him c. though he did not disseise him because he entred in the life of the Tenant in tail and the Heir had no present right Lit fol. 138. And a Deforceor differs from an Intrudor because a Deforceor keeps out the right Heir as aforesaid and a man is made an Intrudor by a wrongful Entry only in Lands or Tentments void of a Possessor Bract. lib. 4. cap. 1. And because Force and Forcible entry into Lands is so opposite to the Peace and Iustice of the Realm and a
dishonour of the King and his Crown and discredit of the Law that any person by birth and oath obliged to the obedience of the King and his Laws should presume of his own authority by Force and strong hand to resist them both by violent Intrusion into the Possession of another before the Law hath decided his Tttle therein therefore divers Statutes have been made for the restraint and reformation of these Abuses as among others the Stat. of 5 R. 2. ca. 7. where the King defends any Entry into Lands or Tenements but in case where Entry is given by the Law and then not with strong hand or with a multitude of people but onely in a peaceable manner See more of this in Po â— lt de pace Reg. f. 34. 35 c. Degrading DEgrading See Disgrading Delegates ARE Commissioners appointed by Letters Patents to determine Appeals upon things testamentary or matrimonial in which sentence was given Demaines DEmaines or Demesnes generally speaking are all the parts of any Mannor which are not in the hands of Freeholders though they be held by Copy-holders Lessees for years or for life as well as Tenants at will And the reason why Copyhold is accounted Demesnes is because they who are Tenants to it are adjudged in Law to have no other Estate but at the will of the Lord so that it is still reputed to be in a manner in the Lords hands yet in common speech that is ordinarily called Demesnes which is neither free nor copy And this word Demesne is sometimes used in a more special signification and is opposite to Frank-fee as those Lands which were in the possession of Edward the Confessor are called Ancient demesne and all others are called Franck-fee Kitch fol. 98. and the Tenants which hold any of those Lands are called Tenants in Ancient demesn the other Tenants in Frank-fee And no common person hath any Demesnes in the simple acceptation of the word because there is no Land but depends mediately or immediately of the Crown that is of some Honor or other belonging to the Crown and not granted in fee to any inferiour person and therefore when a man in pleading will signifie his Land to be his own he saith That he is or was seised thereof in his Demesne as of Fee Littleton f. 3. whereby it appears that though his Land be to him and his Heirs for ever yet it is not true Demesne but depending upon a superiour Lord and holding by Service or Rent in lieu of Service or by Service and Rent together Demaines according to the common speech are only understood the Lords chief Mannor-place which he and his Ancestors have time out of mind kept in their own hands with all buildings and houses meadows pastures woods arable lands and such like therewith occupied Demand DEmand is a word of art and if one release to another all Demands this is as Littleton fol. 117. a. saith the best Release to him to whom the Release is made that he can have and shall most enure to his advantage for by it not onely all Demands but also all causes of Demands are released And there are two manner of Demands that is in Deed and in Law In Deed as in every Praecipe there is expresse Demand and therefore in real Actions he is called Demandant in personal Plaintiff In Law as every Entry in Land Distresse for Rent Taking or seisure of Goods and such like acts in the Countrey which may be done without any words or demands in Law As a Release of Suits is more large then a Release of Quarrels or of Actions so a Release of Demands is more large and beneficial than either of them for by it is released all that which by the others is released and more By Release of all Demands all Freeholds and Inheritances executory are released By Release of all Demands to the Dissetsor the right of the Entry in the land and all that is contained therein is released By Release of all Demands all Executions are released and he that releases all Demands excludes himself from all Actions Entries and Seisures Littleton fol. 170. holds That if Tenant in tail enfeoffs his Vncle who enfeoffs another in fee with Warranty if after the Feoffee by his Deed releases to the Vncle all manner of Demands by such Release the Warranty which is a Covenant real and executory is extinct and the reason is because that by Release of Demands all the means and remedies and their causes which any hath to Lands Tenements Goods Chattels c. are extinct and by consequence the right and interest it self unto the thing Yet a Release of all Demands doth not extend to such Writs by which nothing is demanded neither in Deed nor in Law but lie only to relieve the Plaintiff by way of Discharge and not by way of Demand as a Release of all Demands is no Bar in a Writ of Error to reverse an Outlawry and so of such like See 18 Edw. 3. 59. Coke lib. 8. fol. 153 154. Demandant DEmandant is he that sues or complains in an Action real for Title of land and he is called Plaintiff in an Assise and in an Action personal for Debt Trespass Deceit Detinue and such like Demurrage IS called the time when a Shi â— lies idle in a Port or Harbour or on the Sea in a Calm Demurrer DEmurrer is when any Action is brought and the Defendant pleads a Plea to which the Plaintiff says that he will not answer for that it is not a sufficient Plea in the Law and the Defendant avers the contrary that it is a sufficient Plea and thereupon both parties submit the Cause to the Iudgement of the Court which is called a Demurrer for that they go not forward in pleading but rest upon Iudgement in that point and is called in Latine Records Moratur in Lege For in every Action the difference consists either in Deed or in Law If in Fact it is tried by the Iury if in Law then the matter is either plain or difficult and rare if it be plain then Iudgment is presently given but when it is hard and doubtfull then is stay made and time taken either to consider farther thereupon by the Iudges to agree if they can or otherwise for all the Iustices to meet together in the Exchequer-Chamber and upon hearing of that which the Serjeants shall say unto both parts to advise and determine what is Law and that which is there concluded on by them shall stand firm without further remedy There is also a Demurrer to Evidence given to a Iury upon Tryal of an Issue Plo. Com. 2. 3 Rast Entr. 607. Half bloud HAlf bloud is when a man marries a wife and hath issue by her a son or daughter and the wife dies and then he takes another woman and hath by her also a son or daughter Now these two sons are after a sort Brothers or as they are termed Half-brothers or Brothers of the half
both are Records yet the Iudgment in the Kings Court upon judicial and ordinary proceeding is more notorious and conspicuous and of a more high and eminent degree then a Statute or Recognisance taken in private and by consent of parties and is therefore preferred in judgment of the Law before Recognisance or Statute and if the Executors do not satisfie this first then if they have no goods of the dead in their hands they shall pay it of their own So the Ordinary having goods of one that dies intestate in his hands by Sequestration and an Action of Debt upon an Obligation to the value of the said goods is brought against him as Ordinary he shall not dispose or administer any parcell of the said Goods to the other Creditors at his pleasure but is bound to satisfie the Debt first for which an Action is brought against him Dyer fol. 232. placit 5. If a Sheriff retorne ex officio without inquest that the Executor hath wasted goods the Execution goes de bonis propriis of the Executor and if the retorn be false then the Executor may have an Action upon the Case against the Sheriff for his false retorn because the Executor hath no day to plead But if the Sheriff retorn a devastavit upon an Inquiry by a Iury the Executor may appear and traverse quod non devastavit and try it 1 Cro. Mounson and Bourn Proctor versus Chamberlain Devenerunt DEvenerunt is a Writ directed to the Escheator when any of the Kings Tenants holding in Capite dies and when his son and heir within age and in the Kings custody dies then shall this Writ go forth commanding the Escheator that he by the oath of good and lawful men enquire what Lands or Tenements by the death of the Tenant come to the King c. See Dyer f. 360. pla 4. But see the Stat. 12. Car. 2. cap. 24. Devest DEvest is a word contrary to Invest for as Invest signifies to deliver the possession of a thing so Devest signifies the taking it away Devise DEvise is where a man in his Testament gives or bequeaths his Goods or Lands to another after his decease And where such Devise is made of Goods if the Executors will nor deliver them to the Devisee he hath no remedy by the Common Law but it behoves him to have a Citation against the Executors of the Testator to appear before the Ordinary to shew why he performs not the Will of the Testator for the Devisee may not take the Legacy and serve himself but it must be delivered to him by the Executors See the Stat. 32 H. 8. ca. 1. 34 H. 8. ca. 5. 29 Car. 2. ca. 3. By which last Statute the Law of Testameuts is altered But by the Common Law if a man be sole seised of Lands in fee and devises them by Testament this Devise was void unless the Lands were in City or Borough where Lands are devisable by Custome But if any man were infeoffed to the use of another and his heirs and he to whose use he was so seised did make Devise of his Lands this Devise was good though it were not in a Town where Lands are devisable Also if any man devise Lands in City Town or Borough devisable and the Devisor dies if his Heir or any other abate in the Lands then the Devisee shall have a Writ of Ex gravi querela But this Writ shall never be pleaded before the Kings Iustice but always before the Maior or Bailiffs in the same Town And here to the end to shew how much the Laws of this Realm and the discreet Iudges of the same who are the Interpreters of it do favour Wills and Testaments and Devises in yielding to them such a reasonable construction as they think might best agree with the minds of the dead considering that Wills and Testaments are for the most part and by common intendment made when the Testatour is very sick weak and past all hope of recovery for it is a received opinion in the Countrey amongst most that if a man should chance to be so wise as to make his Will in his good health when he is strong of good memory and hath time and leisure to ask counsell if any doubt were of the Learned that then he should not live long after and therefore they deferre it to such time when it were more convenient to apply themselves to the dispositions of their Souls than of their Lands or Goods except it were that by the fresh memory and recital of them at that time it might be a cause to put them in mind of some of their goods or lands falsly gotten and so move them to restitution c. And at that time the penning of such Wills is commonly committed to the Minister of the Parish or to some other more ignorant who knows not what words are necessary to make an Estate in Fee-simple fee-Fee-tail for term of life or such like besides many other mischiefs I will therefore here set down some of those Cases that are most common in ignorant mens mouths and carry by the wise interpretations of the Judges a larger and more favourable sense in Wills than in Deeds First therefore if one devise to J. S. by his Will all his Lands and Tenements here not only all those Lands that he hath in possession do pass but all those that he hath in Reversion by virtue of those words Tenements And if Lands be devised to a man to have to him for ever or to have to him and his Assigns in these two cases the Devisee shall have a Fee-simple But if it be given by Feoffment in such manner he hath but an Estate for term of life And if a man devise his Land to another to give sell or do therewith at his pleasure or will this is Fee-simple A Devise made to one and to his Heirs males doth make an estate-Estate-tail But if such words be put in a Deed of Feoffment it shall be taken for Fee-simple because it doth not appear of what body the Heirs males shall be begotten If Lands be given by Deed to J. S. and to the Heirs males of his body c. who hath issue a daughter who hath issue a son and dies there the Land shall return to the Donor and the son of the Daughter shall nor have it because he cannot convey himself by Heirs males for his mother is a let thereto But otherwise it is of such a Devise for there the son of the daughter shall have it rather then the Will shall be void If one devise to an Infant in his mothers belly it is a good Devise but otherwise by Feoffment Grant or Gift for in those cases there ought to be one of ability to take presently or otherwise it is void See 14. El. Dy. 304. A Devise made in Fee-simple without expresse words of Heirs is good in Fee-simple But if a Devise be made to J. N. he
shall have the Land but for term of life for those words will carry no greater Estate If one will that his son J. shall have his Land after the death of his wife here the wife of the Devisor shall have the Land first for term of life So likewise if a man devise his goods to his wife and that after the decease of his wife his son and heir shall have the House where the goods are there the son shall not have the House during the life of the wife For it doth appear that his intent was that his wife should have the House also for her life notwithstanding it were not devised to her by express words If a Devise be to J. N. and to the Heirs females of his body begotten after the Devisee hath issue a son and daughter and dies here the daughter shall have the Land and not the son and yet he is the most worthy person and Heir to his father but because the Will of the dead is that the daughter should have it Law and Conscience will so also And herein the very Heathens were precise as appears by those Verses of Octavius Augustus which Donatus reports he made after Virgil at his death gave commandment that his Books should be burnt because they were imperfect and yet some perswaded that they should be saved as indeed they happily were to whom he answered thus Let Faith and Law be kept and what last Will Commandeth to be done we must fulfill Devoire DEvoire is as much as to say a Duty It is used in the Statute of 2 R. 2. ca. 3. where it is provided That all the Western Merchants being of the Kings amity shall pay all manner Customs and Subsidies and other Devoires of Caleis See the Stat. 5 Ejusdē Regis cap. 2. Devorce DEvorce or Divorce Divortium dictum est Diversitate mentium quia in diversas partes eunt qui distrahunt Matrimonium or else from the verb Diverto which signifies to return back because after the Devorce between the husband and wife he returns her again to her father or other friends or to the place from whence he had her And though Devorce was never approved of by the Divine Law but contrariwise prohibited as appears by this precept Let no man separate that which God hath joyned together yet in all ages and well-governed Common-wealths it hath been used and permitted As at this day with us there are divers causes for which the husband and wife may be devorced as first causa Praecontractus Therefore if a man marry with a woman precontracted and hath issue by her this issue in Law and in truth bears the surname of his father but if after the husband and wife be devorced for the Precontract there the issue hath lost his surname and is become a Bastard and nullius filius Cok. lib. 6. fol. 66. Devorce may be causa Frigiditatis and therefore if a man be married to a woman and after they are devorced causa Frigiditatis and then the man takes another wife and hath issue by her yet this issue is lawfull because that a man may be habilis inhabilis diversis temporibus and by the Devorce causa Frigiditatis the Marriage was dissolved a vinculo Matrimonii and by consequence either of them might marry again Cok. lib. 5. fol. 98. b. Also a man may be devorced causa Impubertatis or Minoris aetatis and in this case if two are married infra annos nubiles and after full age Devorce is had between them this dissolves the Marriage and the woman may arraign an Assise against the Husband for the Lands or Tenements given with her in Frank-marriage 19 lib. Assise Pla. 2. So Devorce may be had causa Professionis causa consanguinitatis causa Fornicationis and for many other causes too long to be now recited It is requisite that in the sentence of Devorce the Cause thereof be shewed because some Devorce dissolves the Matrimony that is to say a vinculo Matrimonii bastards the issue and barrs the wife of Dower and some a mensa thoro the which dissolves not the Matrimony nor barrs the Woman of Dower nor bastards the issue Devorce is a Iudgement spiritual and therefore if there be cause ought to be reversed in the Spiritual Court See Cok. lib. 7. Kenns Case If a Woman Copiholder of certain Land durante viduitate sua according to the Custome of the Mannor sows the Land and before the severance of the Corn takes a husband the Lord shall have the Emblements and not the husband But if a Lease be made to the husband and wife during the Coverture and the husband sows the Land and afterward they are devorced causa Praecontractus the husband shall have the Emblements and not the Lessor Dicker DIcker is a word used in the Statute of 1 Jacobi cap. 22. and it signifies the quantity of Ten Hides of Leather And it seems to come from the Greek word Decas which signifies Ten. Diem clausit extremum DIem clausit extremum is a Writ that lies where the Kings Tenant that hold in Chief dies then this Writ shall be directed to the Escheator to enquire of what Estate he was seised who is next Heir and his age and of the certainty and value of the Land and of whom it is holden and the Inquisition shall be returned into the Chancery which is commonly called The Office after the death of that persō And there is another Writ of Diem clausit extremum awarded out of the Exchequer after the death of an Accountant or Debtor of his Majestie to levy the Debt of his Heir Executor Administrators lands or goods Dietus datus DIes datus is a Respite given to the Tenant or Defendant before the Court Brook Tit. Continuance Dieta rationabilis DIeta rationabilis is sometimes used for a Reasonable Days journey as Bract. l. 3. patt 2. cap. 16. It hath in the Civil Law other significations which need not be here mentioned See Vocabul utriusque Juris Dieu son act DIeu son act these are words oftentimes used in our Law and it is a Maxime That the Act of God shall prejudice no man And therefore if a House fall down by Tempest or other Act of God the lessee for life or years shall not only be quit in an Action of Waste brought against him but hath by the Law a special interest to take timber to build the House again if he will for his habitation Cok. lib. 4. 63. lib. 11. 82. a. In like manner when the Condition of an Obligation consists of two parts in the disjunctive and both are possible at the time of the Obligation made and afterwards one of them becomes impossible by the Act of God the Obligor is not bound to perform the other part for the Condition shall be taken beneficially for him Coke lib. 5. 22. Dignitie Ecclesiastical DIgnitie Ecclesiastical is a phrase of speech used in the Statute of 26 Hen. 8.
punishes her Officers as Serjeants Pleaders Philizers Exigenters Attornies and others so she renounces and condemns all acts of greatest importance if they be intermixt with Disceit and falshood As if a Fine be levied by Disceit and five years past by the Statute of 4 H. 7. c. 24. all persons and their rights shall be barred thereby yet for that it was by Disceit th â— Fine shall be avoided as is a â—â— dged in Cok. lib. 3. fol. 77. 〈◊〉 the same manner if one â—â— cover Land by Disceit the â—â—â— overy for this shall be fru â—â—â— ated and made void 3 Ed. 3. 2 â— So if a woman that hath good cause to be endowed will by Disceit have the Tenant to be disseised and after recovers her Dower by a Writ of Dower against the Disseisor yet she shall be adjudged in possession against the Disseis â— e but as a Disseisoresse in respect of the Disceit Cok. lib. 5. fol. 35. There is another manner of Writ of Disceit where Land which is auncient demesn is impleaded by the Kings Writ at Westm Then the Lord of the Mannor may have this Writ and reverse all the former proceedings and Iudgment as it appears Rast Ent. 100 221. 2 R. 3. 1 11 H. 4. 36. Discent DIscent or Descent is in two sorts either lineal or collateral Lineal Discent is when a Discent is conveyed in the same Liue of the whole bloud as grandfather father son sons son and so downward Collateral Discent is out in another branch drawn from above of the whole bloud as grandfathers brother fathers brother and so downward Note that if one die seised in fee or in tail of Land in which another hath right to enter and that discends to his Heir such Discent shall take away the Entry of him who hath right to enter for that the Heir hath it by Discent from his father and so by act of the Law and he that hath right cannot put him out by entring upon him but is put to sue his Writ to demand the Land according to the nature of his Title See hereof in Littl. lib. 3. cap. 6. and Stat. 32. H. 8. cap. 33. Disclaimer DIsclaimer is where the Lord distrains his Tenant and he sues a Replevin and the Lord avows the taking by reason he holds of him if the Tenant say that he disclaims to hold of him this is called a Disclaimer and if the Lord thereupon bring in a Writ of Right sur Disclaimer and it be found against the Tenant he shall lose his Land Also if one brings a Praecipe against two others for the Land and the Tenant disclaims and saith that he is not thereof Tenant nor claims any thing therein then the other shall have the whole Land but if the Praecipe be brought against one alone and he disclaims as aforesaid the Writ shall abate yet the Demandant may enter in the Land and hold it in his rightfull estate though his Entry was not lawful And after the Tenant in an Action brought against him disclaims he shall not have a Writ of Error against his own Disclaimer because by it he hath barred himself of his right to the Land for the words of the Disclaimer are He hath nothing neither claims he to have in the Land neither at the day of the bringing of the Original Writ aforesaid c. had or claimed but any thing in the same Land to have he disavows and disclaims and against this he shall not have Restitution by a Writ of Error See Cok. lib. 8. fol. 62. So if a Lord in case where he may disclaims his Seigniory in Court of Record his Seigniory by this is extinct and the Tenant shall hold of the Lord next above him that so disclaimed Lit. sect 146. If Lands be given to the husband and wife in tail or in fee and the husband dies the wife cannot devest the Freehold cut of her by any verbal Waver or Disclaimer in the Countrey as if before any Entry made by her she saith that she altogether waves and disclaims the said Estate and will never take nor accept thereof yet the Free-hold remains in her and she may enter when she pleases So a Charter of Feoffment was made to four and Seisin was delivered to three in the name of all and after the Seisin was delivered the fourth coming sees the Deed and saith by word that he will have nothing of the Land nor agree to the Deed but disclaims and it was adjudged that this Disclaimer by word in the Countrey shall not devest the Freehold out of him Cok. lib. 3. fol. 26. Discontinuance DIscontinuance is when a man alienates to another Lands or Tenements and dies and another hath right to the same Lands and may not enter into them because of this Alienation as if an Abbot alien the Lands of his House to another in fee fee-fee-tail or sor life or if a man alien the Lands that he hath in right of his wife or if Tenant in tail makes of the Lands given to him and the Heirs of his body any Feoffment Gift in tail or Lease for life not warranted by the Statute 32 Hen. 8. by Fine or Livery of seisin then such Alienations are called Discontinuances for such Estates passe away by Livery and seisin In these cases the Successors of the Abbot or the woman after the death of her husband or the issue in tail after the death of the Tenant in tail and they that have any Remainder or Reversion after the end of the Estate-tail may not enter but every of them is put to his Action And as there is Discontinuance of Possession as is said before so also is there Discontinuance of Process or Plea and this is when the instant is lost and may not be regained but by a new Writ to begin the Suit afresh for to be discontinued and to be put without day is all one and nothing else but finally to be dismissed the Court for that time West part 2. tit Fines sect 115. So Crompton in his Jurisdictions fol. 131. uses it in these words If a Justice-seat be discontinued by the not coming of the Justices the King may renew it by his Writ And if the Iustices of any Court do not meet at the day and place appointed then the Cause shall be discontinued unto another day as in Cok. lib. 1 fol. 38. So if a man hath an Action in the Court of the Marshalsea and the King removes forth of the Vierge the Pleas shall be discontinued Cok. lib. 10. fol. 73. See more hereof in Litt. lib. 3. cap. 11. and 32 H. 8. cap. 28. which takes away Discontinuances by the husband seised in right of his wife Disgrading DIsgrading or Degrading is when a man having taken upon him a Dignity temporal or spiritual is afterwards thereof deprived be he Knight Clerk or other Whereof if a Clerk be delivered to his Ordinary and cannot clear himself of the Offence whereof he is convicted by the
Finite is that which is limited by Law how often it shall be made to bring the party to trial of the Action as once or twice Old Nat. Brev. f. 43. Distresse infinite is without limitation untill the party comes as against a Iury that refuses to appear upon Certificate of Assise the Process is a Venire facias Habeas corpora and distresse infinite Old nar Brev. f. 113. Then it is divided into the grand Distresse as Anno 52 H. 3. c. 7. which Fitzh calls in Latine Magnam Districtionem Nat. Brev. 126. a. and an ordinary distresse A grand Distresse is that which is made of all the goods and chattels which the party had within the County Brit. c. 6. f. 52. But see whether it be not sometimes all one with Distresse infinite idem fol. 80. with whom also the Statute of Marlbridge seems to agree Anno 52 H. 3. c. 7. 9 12. See the Old Nat. Brev. 71. b. Distringas DIstringas is a Writ directed to the Sheriff or any other Officer commanding him to distrain for a Debt to the King c. or for his appearing at a day See the great diversity of this Writ in the Table of the Reg. judic verbo Distringas Also there is a Writ to distrein Iurors to try an issue in a Suit at Common Law And also another Writ to distrein the adjacent Villages to make good Hedges and fences thrown down in the night by unknown men Of which see 1 Cro. Rep. 204. in t ' Reg. Inhabit ' de Epworth Dividend DIvidend is a word used in the Statute of Rutland Anno 10 E. 1. where it seems to signifie one part of an Indenture See Anno 28 ejusdem Stat. 3. c. 2. Divorce DIvorce See Devorce Docket DOcket is a Little piece of Payer or Parchment written that contains in it the effect of a Greater Writing See the Statute 2 3 P. M. c. 6. M. West part 2. tit Fines sect 106. calls it Dogget Dog-draw DOg-draw is an apparent Deprehension of an offendor against Venison in the Forrest There are four kinds of them observed by Manwood part 2. c. 18. num 9. of his Forest Laws that is Dog-draw Stable stand Back-bear and Bloudy-hand Dog-draw is when one is found drawing after a Deer by the sent of a Hound led in his hand Dogger DOgger is a kind of Ship Anno 31 E. 3. Stat. 3. c. 1. Dogger-fish ib. c. 2 seems to be Fish brought in those Ships to Blackney Haven c. Doggermen Anno 2 H. 8. c. 4. Dole-fish DOlefish seems to be those Fishes which the Fishermen yearly imployed in the North seas do of custome receive for their allowance See the Statute Anno 35 H. 8. c. 7. Dominus litis IS the Advocate in the Civil Law who after the death of his Client prosecutes a Suit to sentence for the Executors use Domo reparan â—â— DOmo reparanda is a Vr. that lies for one against his neighbour by the fall of whose House he fears some hurt will come to his own Reg. orig fol. 123. Doom DOom from the Saxon Dom signifies Iudgment a word much used in References to Arbitrators Dooms-day DOoms-day is a Book that was written in the time of S. Edward the Confessor as the Author of Old Nat. Brev. saith fol. 15. and before in the title of Ancient demesne containing in it not only all the Lands through England but also all the names of those in whose hands they were at that time when the Book was made Lambert proves that this Book was made in the time of William the Conquerour with whom Cambden in his Britan. pag. 94. agrees proving it out of Ingulphus that flourished the same time who touching the contents thereof hath these words It describes the whole Land neither was there one Hide in all England whose Value and Possessour was unknown nor any Pool or place not describ'd in the Kings Roll and the Rent profits Possession it self and Possessor not made known to the King according to the fidelity of the Taxers who described the same Country wherein they were elected That Roll is called Rotulus Wint. and by the English for its generality in that it contains all the Tenements contained throughout the Land it is surnamed Dooms-day And this Book is sometimes called Liber Judicatorius because in it is contained a diligent Description of the Kingdom and it expresses the value of all the ground thereof as well in the time of King Edward as in the time of King William under whom it was compiled Doomsman SEem to be Suitors in a Court of a Mannor in Auntient demesne who are Iudges there Donative DOnative is a Benefice meerly given and collated by the Patron to a man without either Presentation to or Institution by the Ordinary or Induction by his commandment F. N. B. 35. e. See the Statute of 8. R. 2. c. 4. Peter Gregory de Beneficiis c. 11. num 1. hath these words But if Chappels founded by Lay-men were not approved of the Diocesan and as they term it spiritualized they are not accounted Benefices neither can they be conferred by the Bishop but remain to the pious disposition of the Founders Wherefore the founders and their Heirs may give such Chappels if they will without the Bishop M. Gwyn in the Preface to his Readings saith That the King might of antient time found a free Chappel and exempt it from the Iurisdiction of the Diocesan So also he may by his Letters Patents give licence to a common person to found such a Chappel and to ordain that it shall be Donative and not presentable and that the Chaplain shall be deprivable by the Founder or his heir and not by the Bishop and this seems to be the original of Donatives in England Fitzherbert saith fol. 33. c. that there are some Chauntries which a man may give by his Letters Patents And all Bishopricks were of the Foundation of the Kings of England and therefore in the antient time they were Donative and given by the Kings yet now the Bishopricks are become by the Grants of the Kings eligible by their Chapter Coke l. 3. f. 76. Donor and Donee DOnor is he who gives Lands or Tenements to another in tail and he to whom the same is given is called Donee Dorture DOrture is a common Room place or Chamber where all the Religious of one Covent slept and lay all night Anno 25 H. 8. cap. 11. Double Plea DOuble Plea is where the Defendant or Tenant in any Action pleads a Plea in which two matters are comprehended and each one by it self is a sufficient Bar or Answer to the Action then such double Plea shall not be admitted for a Plea except one depend upon another and in such case if he may not have the last Plea without the first then such a double Plea shall be well received Double Quarel DOuble Quarel is a Complaint made by any Clerk or other to the Archbishop of
of Imprisonment But if a man be arrested upon an Action at the Suit of another though the cause of Action be not good nor true if he make an Obligation to a Stranger being in prison by such Arrest yet it shall not be said by Duresse But if he make an Obligation to him at whose Suit he was arrested to be discharged of such Imprisenment then it shall be said Duresse Duchy IS a Court in the Duchy Chamber of Lancaster at West before the Chancellor del Duchy de Lanc̄ for matters concerning the lands and Franchises of the Duchy and their proceedings are by English bill as in Chancery Co. 4. Inst 204. E. Earlderman EAlderman among the Saxons was as much as Earl among the Danes Camb. Brit. 107. And at this day we call them Aldermen who are Associates to the chief Officer in the Common Council of the Town 34 H. 8. c. 13. And in some places the chief Officer himself is called Alderman Earle EArle See Countee Easement EAsement is a Priviledge that one Neighbour hath of another by Writing or Prescription without profit as a Way or a Sink through his Land or such like Kitch f. 105. Egiptians EGiptians commonly called Gipsies are counterfeit Rogues Welsh or English that disguise themselves in speech and apparel and wander up and down the Country pretending to have skill in telling Fortunes and to deceive the common people but live chiefly by filching and stealing and therefore the Statutes of 1 2 Mar. c. 4. 5 Eliz. c. 20. were made to punish such as Felons if they departed not the Realm or continued so a mouth Ejectione firmae EJectione Firmae Look for that in the Title Quare ejecit infra terminum Ejectment de Gard. Ejectment de Gard. See that in the Title Gards Eigne EIgne is a French word and signifies the Eldest or First-born See Enitia pars Einecia EInecia signifies Eldership Stat. of Ireland Anno 14 H. 3. See Enitia pars Eire Justices EIre Justices or Itinerant as we call them were Iustices that used to ride from place to place throughout the Realm to administer Iustice And these Iustices had authority in ancient times to grant Land that was seised for the King for Alienation without licence for then Iustices in Eire might have granted such Land in fee rendring Rent as Iustices of the Forrest who in effect as to this purpose are Iustices in Eire at this day may of Lands iuclosed within a Forrest without the Kings licence Coke l. 2. fol. 80. Election ELection is when a man is left to his own Free will to take or do one thing or another which he pleases As if A covenants to pay B a pound of Pepper or Saffron before Whitsontide it is at the Election of A at all times before Whitsontide which of them he will pay but if he pays it not before the said Feast then afterward it is at the Election of B of have his Action for which he pleases Dyer f. 18. pl. 104. So if a man gives to another his Horse or Cow the Donee may take the one or the other at his Election But if it be that he will give in the future tense then the Donee cannot take the one nor other for then the Election is in the Donor 21 H. 7. 19. Also if a Iustice of Peace direct his Warrant to a Constable to bring the party apprehended before him or another Iustice it is in the Election of the Constable to go to what Iustice he pleases Coke lib. 5. fol. 59. And so in many other cases Elegit TO hold by Elegit is where a man hath recovered Debt or Dammage by a Writ against another by confession or in other manner he shall have within the year against him a Writ judicial called Elegit to have execution of the half of all his Lands and Chattels except Oxen and Beasts of the plow till the Debt and Dammages be wholly levied and paid him and during this term he is Tenant by Elegit If he be put out within the term he shall have Assise of Novel Disseisin and after a Redisselsin if need be and this is given by the Statute of Wes ◠m. 2. c. 18. And by the equity of the said Statute he that hath this Estate if he be put out shall have Assise and Redisseisin if need be And also if he make his Executors and die and his Executors enter and after are put out they shall have such Action as he himself And if he be put out and after make his Executors and die his Executors may enter and if they be stopped of their Entry they shall have a Writ of Trespasse upon their Case If he do Waste in all the Land or parcel the other shall have against him immediately a Writ judicial out of the first Record called Venire facias ad computandum by which it shall be enquired if he have levied all the money or parcel and if he have not levied the money then it shall be enquired to how much the Waste amounts and if the Waste amount but to parcel then as much of the money as the Waste amounts unto shall be abridged of the aforesaid money which was to be levied But if he have done more Waste then the aforesaid summ of money which was to be levied amounts to the other shall be discharged forthwith of all the said money and shall recover the Land And for the superfluity of the Waste made above the said summ he shall recover his dammages single The same Law is of his Executors and of him that hath his Estate Or if the Debtor be satisfied by digging Coals Load Tyn or oeher casual profits See the Stat. 32 H. 8. c. 5. If all the Lands extended be evicted from the Debtor by a better title he may take a new Execution Co. 4. Rep. 66. If he alien in fee for term of life or in tail all or parcel of the Land which he holds by Elegit if the Alienation be made within the term or after he who hath right shall have against him an Assise of Novel Disseisin And they both must be put in the Assise the Alienor and the Alience and though the Alienor d ◠e presently yet he who hath right shall have Assise against the Alienee alone as if the Alienee had been a plain Tenant for term of years And that is by the equity of the Statute of Westm 2. cap. 25. for that he hath but a Chattel in effect And the same Law is of his Executors and of him who hath his Estate as is aforesaid In Elegit if the Sherif return that the party hath nothing the day of the Recognizance made but that he purchased Lands after the time then the Plaintiff shall have a new Writ to have Execution thereof The same Law is of a Statute-Merchant After a Fieri facias a man may have the Elegit but not contrariwise for that the Elegit is of a higher nature then the
Soccage the Widow is sped of her Dower rather in the Soccage-Lands as the fairest part Of this see Littl. lib. 1. cap. 5. Enfranchisement ENfranchisement is when a man is incorporated into any Society or Body politick So if an Alien born be made Denizon of England he is said to be enfranchised and he that is made a Citizen of London or other Town Corporate because he is made partaker of those Liberties which belong to the Corporation whereinto he is enfranchised And when a man is enfranchised into a City or Borough he hath a Free-hold in his Freedome for his life and with others in their politick capacity hath Inheritance in the Land of the said Corporation wherefore the thing which shall be the cause of his Dis-infranchisement ought to be an Act or Deed and not only an Endeavouring or enterprising whereof he may repent before it be put in execution And what shall be sufficient cause to dis-infranchise a Free-man and what not see Cok. lib. 11. in Bagg's Case fol. 98. Englesherie ENglesherie or Englecerie is an old word which signifies the being an Englishman For in ancient time as appears by Bracton lib. 3. Tract 2. cap. 15. fol. 134. if a man had been slain or murthered he was accounted to be Francigena which word implies every Alien until Englesherie were proved that is until it was made manifest that he was an Enlish-man The original whereof was this Kanotus the Danish King having established his Estate here in peace at the request of our Barons discharged the Land of his Armies wherein he reposed his greatest safety upon this condition That the Barons would give consent to a Law That whosoever should â— ill an Alien and was apprehanded and could not acquit himself should be liable to Iustice â— But if the Man-slaier escayed the Town where the man was slain should forfeit sixty six Marks to the King and if â— he Town was not able to pay it then the Hundred should forfeit and pay this to the King 's own Tteasury and farther That every man murthered should be accounted Francigena unless Englesherie were proved and how it should be proved see Bracton in the same chap. num 7. Also see Horn's Mirrour of Justices l. 1. cap. of the Office of Coroners and Fleta l. 1. c. 30. This Englesherie for the abuses and grievances which were afterwards perceived to arise therefrom was utterly abolished by Stat. An. 14. E. 3. c. 4. See Coke l. 7. f. 16. Calvin's Cafe Enheritance ENheritance is such Estate in Lands or Tenements or other things as may be inherited by the Heir whether it be estate in Fee-simple or Tail by Discent from any of his Ancestors or by his own Purchase And it is divided into Enheritance Corporate and Enheritance Incorporate Enheritance Corporate are Mesuages Lands Meadows Pastures Rents and such like that have substance in themselves and may continue always And these are called Corporal things Enheritance Incorporate are Advowsons Villains Ways Commons Courts Fishings and such like that are or may be appendant or appurtenant to Enheritance Incorporate The Eldest part ENitia or Einecia pars is that Part which upon Partition among Coparceners falls to the Eldest Sister or ancientest Coparcener as it appears by Littleton sect 245. And it is called Enitia pars from the French word Eigne or Aisne that is the First-born Enquest ENquest is that Inquiry which is made by Iurors in all Causes civil or criminal touching the matter in Fact And such Inquiry is either ex officio which are called Inquests of Office and are traversable or at the mise of the parties This word is used in the Statutes of 25 E 3. c. 3. 28 E. 3. c 13. and almost in all Statutes that speak of Trials by Iurors Entendment ENtendment is an usual word in our Law when a thing is in doubt then by Entendment it shall sometimes be made good As if an Inquisition be found before a Coroner that a man was murthered at A. which is a Liberty and is not said in the Inquisition at A within the Liberty of A yet it shall be good by Entendment for peradventure the Liberty may extend beyond the Town but that the Town if self shall be presumed to be out of the Liberty of the Town is a captious construction wherefore the Inquisition shall be good by Entendment Coke l. 5. f. 121. See Kitch f. 224. Enterpleader ENterpleader is when in any Cause a matter happens which of necessity ought to be discussed before the principal Cause can be determined For example Two persons be found Heir to Land by two several Offices in one County by this the King is in doubt to whom he shall make Livery for which cause before Livery made he will have them interplead and thereby determine who is the right Heir See Coke l. 7. f. 45. Stam. Prer c. 19. Brooke tit Enterpleader Also there is another sort of Interpleader in Detinue in divers cases which see Rast Entries 213. Entire Tenancie ENtire Tenancie is that which is contrary to Several Tenancy and signifies a Sole possession in one man where the other signifies Ioynt or common in more See Brooke Several Tenancies and the Old Book of Entries under this Title Entrie ENtrie is where a man enters into any Lands or Tenements or takes possession of them Also there are divers Writs of Entry which are in divers manners One is a Writ of Entrie sur Disseisin which lies where a man is disseised he or his Heir shall have this Writ against the Disseisor or any other after Tenant of the Land And if the Disseisor alien and die seised then the Writ of Entrie shall be against the Heir and the Alienee in the Per viz. in which the Tenant hath no Entry but by such a one naming the Disseisor who him hath disseised c. If the Heir or Alienee die seised or alien to another then the Writ shall be in the Per and Cui viz. to which the Tenant hath no Entry but by such a one naming the Heir or Alienee of the Disseisor to whom such a one naming the Disseisor did let it who by force disseised him c. And if Land be conveyed over to many or if the first Disseisor be disseised then the Writ of Entry shall be in the Post viz. that the Tenant hath no Entry but after the Disseisin which the first Disseisor made to the Demandant or his Ancestor See Entre en le Per. Entrie in the Per Cui and Post A Writ of Entrie in the Per lies where a man is disseised of his Free-hold and the Disseisor aliens or dies seised and his Heir enters then the Disseisee or his Heir shall have the said Writ against the Heir of the Disseisor or against the Alienee of the Disseisor but living the Disseisor he may have an Assise if he will and the Writ of Entry shall say In quod A non habet Ingressum nisi per B qui illud
to say the truth And of Estoppels there are divers One for example is when J. S. is bound in Obligation by the name of T. S. or any other name and is sued afterward according to the name in the Obligation now he shall not be received to say that he is misnamed but shall be driven to answer according to the name put in the Obligation that is T. S for peradventure the Obligee did not know his name but by the report of the Obligor himself and inasmuch as he is the same man that was bound he shall be estopped and forbidden in Law to say contrary to his own deed for otherwise he might take advantage of his own wrong which the Law will not suffer a man to do If the daughter who is Heir to her father will sue Livery with her Sister who is a Bastard she shall not afterward be received to say that her Sister is a Bastard insomuch as if her Bastard-sister take half the Land there is no remedy by the Law Also if a man seised of Lands in Fee-simple will take a Lease for years of the same Land of a stranger by Deed indented this is an Estoppel during the term of years and the Lessee is thereby barred to say the truth which is That he that Leased the Land had nothing in it at the time of the Lease made and that the Fee-simple was in the Lessee But this he shall not be received to say till after the years are determined because it appears that he hath an Estate of years and it was his folly to take a Lease of his own Lands and therefore shal thus be punished for his folly Estovers Estovers are Nourishment or Maintenance And Bract. l. 3. tract 2. c. 18. num 1. uses it for such Sustenance as a man taken for Felony is to have out of his Lands or Goods for himself and his Family during his Imprisonment And the Statute of 6 E 1. c. 3. uses it for an allowance in Meat or Cloth It is also used for certain Allowances of wood to be taken out of another Mans wood Westm 2. c. 15. Anno 13. 1. West part 2. tit Fines sect 26. saith That the name Estovers comprehends House-boot Hedge-boot and Plow-boot as if one hath in his Grant these general words Reasonable Estovers in the Woods c. he may thereby claim those three Estrangers EStrangers are sometimes taken for those that are not Parties or Privies to the levying of a Fine or making of a Deed sometimes those that are born beyond Sea Estray EStray is where any Beast or Cattel is in any Lordship and none knows its Owner then it shall be seised to the use of the King or of the Lord that hath such Estray by the Kings Grant or by Prescription and if the Owner make claim thereto within a year and a day he shall have it again otherwise after the year the property thereof shall be to the Lord provided he make Proclamation of it according to Law Estreat EStreat is a Figure or Resemblance and is commonly used for the Copy or true Note of an Original writing as Estreats of Amerciaments imposed in the Rolls of a Court to be levied by the Balliff or some other Officer of every man that hath offended See F. N. B. 75 76. And so it is used in Westm 2. c. 2. Estrepment EStrepment is a Writ that lies where one is impleaded by a Praecipe quod reddat for certain Land if the Demandant suppose that the Tenant will do Waste depending the Plea he shall have against him this Writ which is a Prohibition commanding him to do no waste depending the Plea And this Writ lies properly where a man demands Lands by Formedon or writ of Right or such writs where he shall not recover Dammages for in such writs where he shall recover Dammages he shall have his Dammages with regard to the waste done Etate probanda ETate probanda is a Writ of Office and it lies for the Heir of the Tenant that held of the King in chief to prove he is of full age directed to the Sheriff to enquire of his age and then he shall become Tenant to the King by the same Services that his Ancestors made to the King But it is said that every one that shall pass in this Enquest shall be of the age of xlii years at least But see the Stat. 12 Car. c. 2. for abolishing the Court of Wards and Liveries c. Evesdroppers EVesdroppers are such as stand under Walls or Windows by night or day to hear news and to carry them to others to make strife and debate amongst their Neighbors those are evil Members in the Common-wealth and therefore by the Stat. of Westm 1. c. 33. are to be punished And this Misdemeanor is presentable and punishable in the Court-Leet Kitch f. 11. Evidence EVidence is generally used for any Proof be it by the Testimony of men or by Writing Sir Tho. Smith l. 2. c. 17. uses it in both senses in these words Evidence is authentical Writings of Contracts according to the manner of England that is written sealed and delivered And l. 2. c. 23. speaking of the Prisoner that stands at the Bar to plead for his life and of those that charge him with Felony thus Then he tells what he can say after him also all those who were at the Apprehension of the Prisoner or who can give any Signs or Tokens which we call in our Language Evidence against the Malefactor Exaction EXaction is a wrong done by an Officer or by one pretending to have authority in demanding or taking any reward or Fee for that matter cause or thing which the Law allows not The difference between Exaction and Extortion is this Extortion is where an Officer demands and extorts a greater Sum or Reward then his just Fee And Exaction is where an Officer or other man demands and wrests a Fee or Reward where no Fee or Reward is due at all See Extortion Exception EXception is a Bar or Stay to an Action and is divided into Exception dilatory and peremptory Of these two see Bracton l. 5. tract 5. and Britton c. 91 92. Exchange EXchange is where a man is seised of certain Land and another is seised of other Land if they by a Deed indented or without Deed if the Lands be in one County exchange their Lands so that each of them shall have other Lands to him so exchanged in fee fee-fee-tail or for term of Life that is called an Exchange and is good without Livery and Seisin In Exchange the Estates to them limited must be egal for if one should have an Estate in fee in his Land and the other an Estate in the other Land but for term of Life or in tail such Exchange is void but if the Estates be egal though the Lands be not of egal value yet the exchange is good Also an exchange of Rent for Land is good And an exchange
time their Reservations were as well in Victuals as Money until at the last and that chiefly in the time of King Henry the First by agreement the reservation of Victuals was turned into ready Money and so hitherto hath continued amongst most men Fate or Fatt FAte or Fatt is a Measure mentioned in the Statutes of 1 H. 5. cap. 10. and 11 H. 6. cap. 8. to contain eight Bushels but the Citzens and Merchants of London as it appears by those Statutes and the Kings Purveyors would have that measure and a Bushel over for one Quarter and so they had nine Bushels for one Quarter of Corn. Faux Imprisonment FAux Imprisonment is a Writ that lies where a man is arrested and restrained from his Liberty by another against the order of the Law then he shall have against him this Writ whereby he shall recover Dammages See more thereof before tit Arrest Faux Judgment FAux Judgment See thereof before tit Error Fealty FEalty is a Service called in Latine Fidelitas and shall be done in this manner viz. The Tenant shall hold his right hand upon a Book and shall say to his Lord I shall be to you faithful and true and shall bear to you Faith for the Lands and Tenements which I claim to hold of you and truly shall do you the Customs and Services that I ought to do to you at the terms assigned So help me God and shall kiss the Book but he shall not kneel as in doing Homage And thereof see after in the Title Homage Also Fealty is incident to all manner of Tenures Fee FEE Feodum is in our Law an equivocal word of divers significations for it is most usually taken for an Estate of Inheritance in Lands and Tenements to one and his Heirs or to one and the Heirs of his Body But it is used also for the Compass Circuit or Extent of a Lordship or Mannor And from thence comes the ordinary Plea in Bar to an Avowry That the Land upon which he avows is out of his Fee And thirdly it is taken for a Reward or Wages given to one for the execu ◠〈◊〉 of his Office as the Fee of a Forrester or the Keeper of a Park or a Sheriffs Fee sor â— erving an Execution lim â—â— s by the Statute of 29 Eliz. cap 4. And it is also taken for that Consideration which is given a Sergeant at Law or a Councellor or a Physitian for their Counsel or Advice in their profession which as it is well observed by Sir Jo. Davies in his Preface to his Reports is not properly Merces but Honorarium Yet in our Law-language it is called his Fee Fee expectant FEE expectant Where Lands are given to a man and his wife in Frank-marriage to have and to hold to them and their heirs in this case they have Fee-simple but if they are given to them and the heirs of their body c. They have Tail and Fee-expectant Kitch fol. 153. Fee Farm FEE Farm is when a Tenant holds of his Lord in Fee-simple paying to him the value of half or of the third fourth or other part of the Land by the year And he that holds by Fee-Farm ought not to pay Relief or do any other thing that is not contained in the Feoffment but Fealty for that belongs to all kind of Tanures Fee-simple FEe-simple is when any person holds Lands or Rent or other thing inheritable to him and his Heirs for evermore and these words His Heirs make the Estate of Inheritance for if the Land be given to a man for ever yet he hath but an Estate for life Also if Tenant in Fee-simple die his first son shall be his Heir but if he have no Son then all his Daughters shall be his Heirs and every one shall have her part by partition but if he have no Son nor Daughter then his next Coufin collateral of the whole Blood shall be his Heir Fel de se FElo de se is he that commits Felony by murthering himself See Crompt Justice of Peace fol. 28. Felony FElony is a general term which comprehends divers hainous Offences for which the Offenders ought to suffer death and lose their Lands And it seems that they are called Felonies of the Latine word Fel which is in English Gall in French Fiel or of the ancient English word Fell or Fierce because they are intended to be done with a fell fierce or mischievous mind When a man without any colour of Law steals the Goods of another amounting to the value of Twelve pence or more that is Larceny but if he approaches the Person of another in the High-way and robs him of his Goods although it be but to the value of one peny it is Felony and that is called Robbery and therefore he shall be hanged Fence-moneth FEnce-moneth is a Forrest word and signifies the time of 31 days in the year that is to say 15 days before Midsummer and 15 days after in which time it is forbidden for any man to hunt in the Forrest or to go into it to disturb the wild Beasts The reason of which is because the Female Deer do then Fawn And therefore this Moneth is called the Fence-moneth or Defence-moneth for that the Deer are then to be defended from scare or fear See Manwood Forrest Laws cap. 13. fol. 90. b. Feodarie FEodarie was an Officer in the Court of Wards appointed by the Master of that Court by virtue of the Statute 32 H. 8. c. 46. to be present with the Escheator in every County at the finding of Offices and to give in evidence for the King as well for the Value as the Tenure And his Office was also to survey the Lands of the Ward after the Office found to return the true value thereof into the Court to assign Dower unto the Kings Widows to receive all the Rents of the Wards Lands within his Circuit and to answer them to the Receiver of the Court But see the Stat. 12 C â— r. 2. c. 24. for Abolishing the said Court Feoffment FEoffment is where a man gives Lands Houses or other Corporal things which are Heritable to another in Fee-simple and thereof delivers Seisin and Possession Also if one make a gift in tail or a lease for life Livery and Seisin must be given or else nothing shall pass by the Grant Feoffor and Feoffee FEoffor is he that infeoffs or makes a Feoffment to another of Lands or Tenements in Fee-simple And Feoffee is he who is infeoffed or to whom the Feoffment is so made Ferdfare FErdfare is to be quit from going to War Flet. lib. 1. c. 47. Ferdwit FErdwit is to be quit of Murther committed in the Army Flet. l. 1. c. 47. Ferry IS a liberty by prescription or the Kings Grant to have a Boat for passage upon a great Stream for Cariage of horses and men for reasonable toll Feude FEude or Deadly Feude is a German word and signifies implacable Hatred not to be
Forestall FOrestall is to be quit of Amerciaments and Cattels arrested within your Land and the Amerciaments thereof coming Founder FOunder is he that uses the Art of Melting or Dissolving Metals and making any thing thereof by casting in Molds He seems to have his name from the Latine word Fundere and is mentioned in the Statute of 17 R. 2. cap. 1. Fourcher FOurcher is a device used to delay the Plaintiff or Demandant in a Suit against two who thereto are not to answer till they both appear and the Appearance or Essoin of one will excuse the others Default at that day and they agree that the one shall be essoined or appear one day and for lack of the Appearance of the other have day over to appear and the other party shall have the same day and at that day the other will appear or be essoined and he that appeared or was essoined before will not then appear because he hoped to have another day by the Adjournment of the party who then appeared or was essoined This is called Fourcher and in some cases the mischief thereby is remedied by the Statute of Gloucest cap. 10. and Westm̄ 1. cap. 42. Franchise FRanchise is a French word and signifies in our Law an Immunity or Exemption from ordinary Iurisdiction as for a Corporation to hold Pleas within themselves to such a value and the like See of this in the Old Nat. Brev. fol. 4. a b. Franchise Royal. FRanchise Royal is where the King grants to one and his Heirs that they shall be quit of Toll or such like Free Almes FRee Almes is where in ancient times Lands were given to an Abbot and his Covent or to a Dean and his Chapter and to their Successors in pure and perpetual Almes without expressing any Service certain this is Frank-almoigne and such are bound before God to make Oraisons and Prayers for the Donor and his Heirs and therefore they do no Fealty and if such as have Lands in Frank-almoigne perform no Prayers nor Divine Service for the Souls of the Donors they shall not be compelled by the Donors to do it but the Donors may complain to the Ordinary praying him that such negligence be no more and the Ordinary of right ought to redress it But if an Abbot c. holds Lands of his Lord for certain Divine Service to be done as to sing every Friday a Mass or do some other thing if such Divine Service be not done the Lord may distrain and in such case the Abbot ought to do Fealty to the Lord and therefore it is not said Tenure in Frank-almoign but Tenure by Divine-Service for none can hold by Frank-almoign if any certain Service be expressed Frank Bank FRank Bank or Free Bench are Copihold-Lands which the Wife being married a Virgin hath after the decease of her husband for her Dower Kitch f. 102. Bract lib. 4. tract 6. cap. 13. num 2. hath these words There is a custom in those parts that the Wives their Husbands being dead should have Frank Bank of Lands of Sockmans and hold it in name of Dower Fitzh calls this a Custome by which in some Cities the Wife shall have all the Lands of her Husband for Dower N. B. fol. 150. See Plow fol. 411. Frank Chase FRank Chase is a Liberty by which all men having Land within this compass are prohibited to cut down the Wood or discover c. without the view of the Forrester although it be his own Crom. Jur. f. 187. Frank Fee TO hold in Frank Fee is to hold in Fee-simple Lands pleadable at the Common Law and not in ancient Demesne Frank Law FRank Law See Crom. Just of Peace f. 151. where you may find what this is by the contrary for he that for an Offence as Conspiracy loses his Frank Law is said to fall into these Mischiefs First that he shall never be Impanelled upon any Iury or Assize or otherwise used in saying any Truth Also if he have any thing to do in the Kings Court he shall not approach thither in person but must appoint his Attourney 3 His Lands Goods and Chattels are to be seised into the Kings hands and his Lands must be estrepped his Trees rooted up and his Body committed to prison Free Marriage FRee Marriage is when a man seised of Land in Fee-simple gives it to another man and his wife who is the daughter sister or otherwise of kin to the Donor in Free Marriage by virtue of which wards they have an Estate in special tail and shall hold the Land of the Donor quit of all manner of Services until the fourth degree be past accounting themselves in the first degree except Fealty which they shall do because it is incident to all Tenures saving Free alms And such Gift may be made as well after Marriage solemnized as before And a man may give Lands to his Soir in Free Marriage as well as to his Daughter by the opinion of Fitzh in his Writ of Champertie H. But it appears otherwise in Littleton and in Broke tit Frank-marriage pla 10. And so it was holden clear in Grays-Inne in Lent an 1576. 18 Eliz. by M. Rhodes then Reader there Frank-plege FRank-plege signifies a Pledge or Surety for Free-men according to the ancient Custom of England for preservation of the publick Peace See the Statute for View of Frank-pledge Anno 18 Ed. 2. and see View of Frank-pledge Free-hold FRee-hold is an Estate that a man hath in Lands or Tenements or Profit to be taken in Fee-simple Tail for term of his own or anothers life in Dower or by the Courtesse of England and under that there is no Free-hold for he that hath Estate for years or holds at will hath no Free-hōld but they are called Chatels And of Free-holds there are two sorts viz. Free-hold in Deed and Free-hold in Law Free-hold in Deed is when a man hath entred into Lands or Tenements and is seised thereof really and actually As if the Father seised of Lands or Teuements in Fee-simple dies and his son enters into the same as heir to his Father then he hath a Free-hold in Deed by his Entry Free-hold in Law is when Lands or Tenements are discended to a man and he may enter into them when he will but hath not yet made his Entry in Deed As in the case aforesaid if the Father being seised of Lands in Fee die seised and they discend to his Son but the Son hath not entred into them in Deed now befo rt his Entry he hath a Free-hold in Law French-man FRench-man was wont to be used for every Outlandish-man Bracton Lib. 3. Tract 2. cap. 15. See Engleshery Frendless man FRendless man was the old Saxon word for him we call an Outlaw nam forisfecit Amcos suos Bracton Lib. 3. Tract 2. cap. 12. Fresh Force FResh Force Frisca Forcia is a force committed in any City or Borough as by Disseisin Abatement Intrusion or Deforcement of any Lands or
Tenements within the said City or Borough For the redressing of which wrong he that hath right may by the Vsage of the said City or Borough have his remedy without Writ by an Assise or Bill of Fresh Force brought within 40 days after the Force committed or Title to him accrued In which Action he may make his protestation to sue in the nature of what Writ he will And see for this matter Fitzh Nat. Bre. f. 7. C. and Old N. B. f. 4. a. Fresh Suit FResh Suit is when a man is robbed and the party so robbed follows the Felon immediately and takes him with the manner or therwise and then brings an Appeal against him and doth convict him of the Felony by Verdict which thing being enquired of for the King and found the party robbed shall have restitution of his goods again Also it may be said that the party made Fresh Suit although he take not the Thief presently but that it be half a year or a year after the Robbery done before he be taken if so be the party robbed do what lies in him by diligent enquiry and search to take him yea although he be taken by some other body yet this shall be said Fresh Suit Fresh Suit is also when the Lord comes to distrain for Rent or Service and the Owner of the Beasts makes rescous and drives them into anothers Ground not holden of the Lord and the Lord follows presently and takes them And so in other like cases Friperer FRiperer is a word used in the Statute of 1 Jac. c. 21. for a kind of Broker And it seems to be a word taken from the French word Fripier to trick up old things and therefore a Friperer is one that uses to dress old Clothes to sell again Frumgyld FRumgyld is an old Saxon word which signifies the first payment made to the Kindred of a slain person in recompence of his Murder L. L. Edmundi c. ult Fugitives goods FUgitives Goods are the proper goods of him that flies upon felony which after the flight lawfully found do belong to the King Coke vol. 6. f. 109. b. G. Gable GAble Gablum in ancient Records is an old word that signifies a Rent Duty Custom or Service yielded or done to the King or any other Lord See the Comment upon Littl. fol. 142. a. Gager de deliverance GAger de deliverance is where one sues a Repleven of goods taken but he hath not the goods delivered and the other avows and the Plaintiff shews that the Defendant is yet possessed of the goods c. and prays that the Defendant may gage the Deliverance then he shall put in Surety or Pledges for the Redeliverance and a Writ shall go forth to the Sheriff to redeliver the goods c But if a man claim property he shall not gage Deliverance And if he say that the Beasts are dead in the Pound he shall not gage c. Also a man shall never gage the Deliverance before they are at Issue or Demurter in the Law as it is said Gainage GAinage Wainagium seems to come from the French word Gaignage id est Gain or Profit but in our Law it signifies the Profit most properly that comes by the Tillage of Land And therefore in the Statute of Mag. Chart. c. 14. it is Enacted that a Villain shall be amerced saving his Gainage and in West 1. c. 6. saving his Gainure and in c. 17. it is Enacted That he that deforces any of the deliverances of his Beasts by Replevin shall render unto the Plaintiff his double Dammages which he hath sustained in his Beasts or in his Gainage disturbed c. And by the Statute of Distress of the Exchequer made in 51 H. 3. it is Enacted That no man of Religion or other shall be distrained by the Beasts that gain his Land Galli-halpens GAlli-halpens were a certain Coin prohibited by the Stat. An. 3. H. 5. c. 1. Gaole GAole or Gayle comes of the French word Geole which signifies a Cage for Birds but metaphorically is used for a Prison And from thence the Keeper of the Prison is called a Gaoler or Gayler Garbe GArbe comes of the French Garbe vel Gerbe which signifies a Bundle or Sheaf This word is used in the old Stat. called Charta de Foresta cap. 7. where Herbas in the Latine is translated Garbe in English Garble GArble is is to sort and chuse the good from the bad as the Garbling of Bow-staves Anno 1 R. 3. c. 11. and the Garbling of Spice is nothing else but to purifie it from the Dross with which it is mixed See of this at large in the Statute of 1 Jac. c. 19. Gard. GArd or Ward is when an Infant whose Ancestor held by Knights Service is in the Ward or Keeping of the Lord of whom those Lands were holden And if the Tenant hold of divers Lords divers Lands the Lord of whom the Land is holden by Priority that is by the more elder Tenure shall hade the Wardship But if one Tenure be as old as the other then he that first gets the Ward of the Body shall keep it But every Lord shall have the Ward of the Land that is holden of him And if the Tenant hold any Land of the King in chief he by his Prerogative shall have the Ward of the Body and of all the Land that is holden of him and of every other Lord. Also there are divers Writs of Ward One is a Writ of Right of Ward and that lies where the Tenant dies his Heir within age and a Stranger enters into the Land and happens to have the Ward of the Body of the Infant A Writ of Ejectment of Ward lies where a man is put out of the Ward of the Land without the Body of the Infant A Writ of Ravishment of Ward lies where the Body is taken from him only and not the Land But see the Stat. 12 Car. 2. c. 24. for Abolishing the Court of Wards c. Gardian GArdian or Wardein most properly is he that hath the Wardship or Keeping of an Heir and of his Land holden by Knights Service or of one of them to his own use during the Nonage of the Heir and within that time hath the bestowing of the Body of the Heir in Marriage at his pleasure without disparagement And of Wa â—â— ens there are two sorts namely Gardian in Right and Gardian in Deed. Gardian in Right is he that by reason of his Seigniory is seised of the Wardship or keeping of the Land and Heir during his Nonage Gardian in Deed is where the Lord after his Seifin as aforesaid grants by Deed or without Deed the Wardship of the Land or Heir or both to another by force of which Grant the Grantee is in possession The Grantee is called Gardian in Deed. And this Gardian in Deed may grant the Heir to another also but that other is not properly called Gardian in Deed but Grantee of the Gardian in Right
Gift in the tail a man shall have a Writ of Warrantia Chartae but not upon Escuage Garrantie del jour GArranty del jour See for that Warrantia diei Gavelet GAvelet is a special and ancient kind of Cessavit used in Kent where the Custom of Gavelkinde continues whereby the Tenant shall forfeit his Lands or Tenements to the Lord of whom they are holden if he withdraw from his Lord his due Rents and Services after this manner If any Tenant in Gavelkind withhold his Rent and Services of the Tenement he holds of his Lord let the Lord seek by the award of his Court from three weeks to three weeks to find some Distress upon the Tenement until the fourth Court always with witnesses And if within that time he can find no Distress on that Tenement whereby he may have Iustice of his Tenant then at the fourth Court let it be awarded that he take that Tenement into his hand in name of a Distress as if it were an Ox or Cow and let him keep it a year and a day in his hand without manuring it within which Term if the Tenant come and pay his arrerages and make reasonable amends for the withholding then let him have and enjoy his Tenement as his Ancestors and he before held it and if he do not come before the year and day past then let the Lord go to the next County-Court with his Witnesses of his own Court and pronounce there this Process to have farther Witnesses and by the award of his Court after the County-Court holden he shall enter and manure in those Lands and Tenements as in his own And if the Tenant come afterward and will re-have his Tenements and hold them as he did before let him make Agreement with the Lord according as it is anciently said Hath he not since any thing given nor hath he not since any thing payed then let him pay v. li. for his Were before he become Tenant or Holder again See hereof 10 H. 3. Fitzh Cessavit 60. and Stat. 10 Ed. 2 of Gavelet in London in the Collection of Statutes London 2. matter much tending to this purpose that by this word Gavelet the Lord shall have the Land for the cessing of the Tenant And see Westm 2. ca. 21. which gives Cessavit There be some Copies which have the first Verse thus Written Nisith yelde and Nisith gelde And others thus Nighesith yeld and nighesith geld But these differ not in signification Other Copies have it thus Nigondsith seld and nigondsith geld That is Let him nine times pay and nine times repay Gavel-kinde GAvel-kinde is a Custom annexed and going with Lands in Kent called Gavel-kind-lands holden by ancient Socage Tenure And it is thought by the skilful in Antiquities to be called Gavel-kinde of Give all Kinne that is to all the Kindred in one Line according as it is used among the Germans from whom we English-men and chiefly of Kent come Or else it is called Gavel-kine of Give all kinde that is to all the Male-children for Kinde in Dutch signifies a Male-childe And divers other like conjectures are made touching Gavel-kinde which I omit The most usual Customes are That the Land is dividable between the Heirs-male and that the Heir of the age of fifteen years may give and sell his Land and shall inherit although his Father be attainted and hanged for Felony and his wife shall be endowed of half the Land whereof her husband died seised and the husband shall be Tenant by the Curtesse of the half although he have no issue by his wife but the Estate of the husband and wife ceases by their second Marriage And divers other Customes are used in Kent of the Lands in Gavel-kinde for which see Lambert's Perambulation of Kent Gawgeour GAwgeour is an Officer of the King appointed to search all Tuns Hogsheads Pipes Barrels and Tertians of Wine Oyl Honey Butter and to give them a Mark of allowance before they are sold in any place And because this mark is a Circle made with an Iron Instrument for that purpose it seems he takes his name from thence Touching this Office there have been made many Statutes the first is An. 27 E. 3. cap. 8. and the others are 4 R. 2. cap. 1. 18 H. 6. c. 17. 23 H. 6. c. 16. 1 R. 3. cap. 13. and 28 H. 8. c. 14. Gersuma GErsuma is an obsolete word for a Fine or Summe of mony it is often found in ancient Records See Sir Hen. Spelmans Glossarium Gild. GIld alias Geld has divers significations as sometimes a Tribute othertimes an Amerciament thirdly a Fraternity or Company combined together by Orders and Laws made amongst themselves with the Kings Licence Cambden cites many Antiquities whereby it appears to signifie a tribute or tax as pag. 135 139 159 168 178. Crompton in his Jurisdictions fol. 191. shews it to be an Amerciament as Footgeld yet fol. 197. he says to be quit of all manner of Gelds is to be discharged of all manner of Prestations to be made for gathering of Sheaves of Corn young Lambs and Wool to the use of the Foresters Also Cambden pag. 149. dividing Suffolk into three parts calls the first Gildable because tribute is thence gathered And the Statutes Anno 27 Edw. 3. Stat. 2. cap. 13. and Anno 11 H. 7. cap. 9. use Gildable in the same sense and so the Statute Anno 27 H. 8. cap. 26. Hence Lambert in the word Contubernalis is perswaded that the common word Gild or Gild-hall proceeds being a Fraternity or Communalty of men gathered in one Combination supporting their common charge by a mutual Contribution And in the Reg. Orig. fol. 219. b. there is Gildam Mercatoriam which seems to be a certain Liberty or Priviledge appertaining to Merchants whereby they are enabled to hold certain Pleas of Land within their own Precincts This word Gilds or Guilds is so used Anno 27 E. 3. cap. 51. and Anno 15 R. 2. c. 5. And Guildhalda Teutonicorum is used for the Fraternity of Easterling Merchants in London called the Stillyard Anno 22 H. 8. c. 8. See Coke l. 8. f. 125. Gisarms GIsarms was a certain Weapon mentioned 13 E. 1. Stat. 3. c. 6. Fleta writes it Sisarmes l. 1. cap. 24. Glebe GLebe are Lands of which the Rector or Vicar are seised in Jurae Ecclesiae Gors GOrs Gurges is a Pool or or Pit of water to keep fish in by the Grant whereof the Soil it self passes and a Praecipe quod reddat lies of it as you may see in 4 Ed. 3. 29. b. and 8 E. 3. 13. a. and F. N. B. 191. H. Granage GRanage is a Duty in London viz. the twentieth part of Salt Imported by an Alien and due to the Mayor Dyer 352. Grand Cape GRand Cape Look for it after in the Title Petit Cape Grand distress GRand Distress See of that before in the Title Distress Grand Serjeanty GRand Serjeanty is where a man holds of the
their Land of their Lord by Homage And if such Lord hath received Homage he is bound to acquit the Tenant against all other Lords above him of every manner Service And if the Tenant hath done Homage to his Lord and is impleaded and vouches the Lord to Warranty the Lord is bound to warrant him and if the Tenant lose he shall recover in value against the Lord so much of the Lands as he had at the time of the Voucher or at any time after Also if a man that holds his Land by Homage auncestrel alien the Land in fee then the Alienee shall do Homage to his Lord but he shall not hold by Homage auncestrel for that the continuance of the Tenancy in the Blood of the first Tenant is discontinued Homagio respectuando HOmagio respectuando is a Writ directed to the Escheatour commanding him to deliver Seisin to the Heir of his Lands at his full age although he hath not made his Homage Of which see Fitz. N. B. f. 269. A. Homesoken HOmesoken or Hamesoken is to be quit of Amerciaments for Entring into Houses violently and without licence and contrary to the Peace of the King And that you hold Plea of such Trespass done in your Court and in your Land Homicide or Man-slaughter HOmicide or Man-slaughter is the Killing of a Man felonioussy without malice fore-thought It is also defined thus Homicide is the killing of a man by a man But if it be done by a Dog Ox or other thing it is not properly called Homicide It is called Homicidium ab homine cado quasi Hominis caedium Homine capto in Withernamium HOmine capto in Withernamium is a Writ to take him that hath taken any Bond-man or Woman and led him or her out of the County so that he or she cannot be replevied according to Law Reg. Orig. fol. 79. a. Homine replegiando HOmine replegiando is a Writ to deliver men out of Prison upon Bail In what cases it lies and in what not see in Fitz. N. B. f. 66. E. and see here in the Title of Replevin in the end See Replevin Honour HOnour besides the general signification is used specially for the most noble sort of Lordships whereof other inferiour Lordships or Mannors depend by performance of Customes and Services some or other to those that are Lords of them And it seems there are no Honours but those which originally appertained to the King yet they may afterward be given in Fee to Noblemen The manner of Creating these Honors may in part be collected out of the Statutes of Anno 31 Hen. 8. chapter 5. where Hampton Court is made an Honour and Anno 33 ejusd cap. 37 38. whereby Amptil and Grafton are likewise made Honours and Anno 37 ejusd cap. 18. whereby the King hath power given him by his Letters Patents to erect four several Honours Westminster Kingston upon Hull S. Osithes in Essex and Dodington in Barkshire Hornegeld HOrnegeld is to the quit of certain Custome exacted by Tillage through all the Land of whatsoever horn'd Beast Hors de son Fee HOrs de son Fee is an Exception to avoid an Action for Rent issuing out of certain Land by him who pretends to be the Lord or for some Customes or Services for if he can justifie that the Land is without the compass of his Fee the Action falls Broke hoc Tit. 7 8. and 1 Institut 1. b. Hospitallers HOspitallers Hospitularii an Order of Knights first founded at Jerusalem and called the Joannites or Knights of St. John of Jerusalem and they were called Hospitallers for that they built an Hospital at Jerusalem for the entertainment of all such as from any part of the world came to visit the Holy places and did guard and protect such Pilgrims in their Iourneys the Institution of their Order was first allowed by Pope Gelasius the second about the year 1118. And they had many Priviledges granted them as Immunities from payment of Tithes c. And for these they are often mentioned in our Books You shall find their Priviledges reserved to them in Magna Charta cap 37. And you shall see the Right of the Kings Subjects vindicated from the Vsurpation of their Iurisdiction by the Statute of Westm 2. cap. 34. Their chief abode is now in the Island of Melita commonly called Malta given them by the Emperor Charles the Fifth And for that they are now called Knights of Malta All the Lands and Goods of these Knights here in England were put in the disposition of the King by the Stat. of 32 H. 8. cap. 24. Hosteler HOsteler is an Inholder Coke Entr. 347. Hotchpot HOtchpot is a blending or mixing together and a partition of Lands given in Frank-marriage with other Lands in Fee-simple discended For example A man seised of thirty Acres of Land in Fee hath issue two Daughters and gives with one of his Daughters to a man that marries her ten Acres of the same Land in Frank-marriage and dies seised of the other twenty Acres Now if she that is thus married will have any part of the twenty Acres whereof her Father died seised she must put her lands given in Frank-marriage in Hotchpot that is she must refuse to take the sole Profits of the Land given in Frank-marriage and suffer the Land to be commixt and mingled together with the other Land whereof her father died seised so that an equal Division may be made of the whole between her and her Sister And thus for her x Acres she shall have xv else her Sister will have the xx Acres of which their Father died seised Housebote HOusebote is necessary Timber that the Lessee for years or for life of common right may take upon the Ground to repair the Houses upon the same Ground to him leased although it be not exprest in the Lease and though it be a Lease by Word without Deed. But if he take more then is needful he may be punisht by an Action of Waste Hue and Cry HUe and Cry is a pursuit of one having committed Felony by the High-way for if the party robbed or any in the company of one that was murthered or robbed comes to the Constable of the next Town and wills him to raise Hue and Cry or to make Pursuit after the Offendor describing the party and shewing as near as he can which way he is gone the Constable ought forthwith to call upon the Parish for aid in seeking the Felon and if he be not found there then to give warning to the next Constable and he to the next to him until the Offendor be apprehended or at least until he be so pursued to the Sea-side Of this see Bract. lib. 3. tract 2. cap. 5. Smith de Repub Angl. lib. 2. cap. 20. and the Statute of Winchester made Anno 13 E. 1. and the Statute of 28 E. 3. cap. 11. and An. 27 El. cap. 13. Huers HUers See Conders Hundred HUndreds were divided by King
shall bring with him vj viij or xij of his Neighbors as the Court shall assign him to swear with him much like the Oath which they make who are used in the Civil Law to purge others of any crime laid against them who are called Compurgators Note that the Offer to make the Oath is called Wager of Law and when it is accomplished then it is called the Doing of your Law And if the Sheriff in any Action return that he hath summoned the Defendant to appear in Court at any day to answer the Plaintiff at which day he makes Default Process shall be awarded against him to come and save or excuse his Default which is as much to say as to excuse the Delay or otherwise to lose the thing demanded And the Defendant comes and swears he was not summoned which is called waging of Law then he ought to do it at the day assigned with xij others And in doing of his Law he ought upon his Oath to affirm directly the contrary of that which is imputed to him But the others shall onely say They think he saith the truth Libel LIbel Libellus is a term of the Civil Law signifying the Original Declaration in any Action and so it is used in the Statutes of 2 H. 3. cap. 3. and 2 E. 6. cap. 13. And an infamous Libel signifies properly in our Law a Scandalous report of any man unlawfully published in writing of which see Cok. lib. 5. fol. 125. a. Liberate LIberate is a Warrant issuing out of the Chancery to the Treasurer Chamberlains and Barons of the Exchequer or Clerk of the Hamper c. for the payment of any yearly Pension or other Sum granted under the Great Seal Regist orig 193. Sometimes to the Sheriffs c. Fitzh N. B. fol. 132. for the delivery of Lands or Goods taken upon Forfeiture of a Recognizance F. N. B. 131 132. Cok. lib. 4. Fulwoods Case fol. 64 66 67. Also to a Gaoler from the Justices for the delivery of a Prisoner that hath put in Bail for his Appearance There is also another Writ made out of the Petry-bag Office in Chancery upon a Statute Staple after an Extent thereupon retorned by which the Sheriff retorns he has delivered the Land extended to the Cognizee which being filed he may then not before bring his Action of Ejectment to recover possession of the Lands extended Libertate probanda LIbertate probanda Look for that in the Title Nativo habendo Librata Terrae LIbrata Terrae contains four Ox-gangs and every Oxgang 13 Acres of Land Skene de verb. signif verbo bovata Terrae Lien LIen is a word of two significations Personal lien and come being Covenant or Contract And real lien as Judgment Statute Recognizance or an Original against an Heir which oblige and affect the Land Ligeance LIgeance is a true and faithful Obedience of the Subject due to his Soveraign and this Ligeance which is an incident inseparable to every Subject is in four manners the first is natural the second acquired the third local and the fourth legal Of all which you may read much excellent Learning in Cok. lib. 7. Calvins Case Limitation LImitation is an Assignment of a space or time within which he that will sue for any Lands or Hereditaments ought to prove that he or his Ancestor was seised of the thing demanded or otherwise he shall not maintain his Suit or Action which Assignments are made by divers Statutes As the Statute of Merton cap. 8. Westm 1. cap. 38. 32 Hen. 8. cap. 2. c. Livery of Seisin LIvery of Seisin is a Ceremony used in Conveyance of Lands and Tenements where an Estate in Fee-simple fee-Fee-tail or a Free-hold shall pass And it is a Testimonial of the willing departing of him who makes the Livery from the thing whereof Livery is made And the receiving of the Livery is a willing Acceptance by the other party of all that whereof the other hath devested himself And it was invented as an open and notorious thing by means whereof the common People might have knowledge of the Passing or Alteration of Estates from man to man that thereby they might be the better able to try in whom the right and possession of Lands and Tenements were if they should be impanelled in Juries or otherwise have to do concerning the same The common manner of Delivery of Seisin is thus If it be in the open Field where is no Building or House then one that can read takes the Writing in his hand if the Estate pass by Deed and declares to the standers by the cause of their meeting there together c. and then openly reads the Deed or declares the effect thereof and after that is sealed the party who is to depart from the Ground takes the Deed in his hands with a Clod of the earth and a Twig or Bough if any be there which he delivers to the other party in the name of Possession or Seisin according to the form and effect of the Deed there read or declared But if there be a Dwelling-house or Building upon the Land then this is done at the Door of the same none being left at that time within the House and the party delivers all aforesaid with the Ring of the Door in the name of Seisin or Possession and he that receives the Livery enters in first alone and shuts the door and presently opens it again and lets them in c. If it be a House whereto is no Land or Ground the Livery is made and Possession taken by the delivery of the Ring of the Door and Deed only And where it is without Deed either of Lands or Tenements there the party declares by word of mouth before witness the Estate that he means to depart with and then delivers Seisin or Possession in manner aforesaid And so the Land or Tenement doth pass as well as by Deed and that by force of the Livery of Seisin It was agreed in Gray's Inne by Master Snagge at his Reading there in Summer Anno 1574. That if a Feoffor deliver the Deed in view of the Land in name of Seisin that is good because he hath a Possession in himself But otherwise it is of an Attorney for he must go to the Land and take Possession himself before he can give Possession to another according to the words of his Warrant c. And where Livery of Seisin is by View if the Feoffee do not enter after c. nothi â— g passes for he ought to enter in Deed. Lollards LOllards were Dogmatists in Religion in the times of E. 3. and H. 5. and in those times were reputed Hereticks as appears by the Statutes in 5. R. 2. cap. 5. and 2 H. 5. cap. 7. Which Statutes you shall find repealed in 1 E. 6. cap. 12. and 1 El. cap. 1. They had their name as some think from one Gualter Lolhard a German who lived about the year 1315. and was the first Author
of 13 R. 2. cap. 2. and 1 H. 4. c. 7. 14. the Marshal of the Kings House of whom you may read F. N. B. f. 241. B. and in the Statute of Artic. sup Chart. c. 3. 18 E. 3. c. 7. 2 H. 4. c. 23. 15 H 6. c. 1. and others There are also other inferior Marshals mentioned in our Books as the Marshal of the Kings Bench in the Statute of 5 E. 3. c. 8. and F. N. B. f. 251. l. who hath the custody of all the Prisoners of that Court and the Marshal of the Exchequer mentioned in the Statute of 51 H. 3. Stat. 5. called the Statute of the Exchequer Marshal is a French word and is as much to say as Master of the Horse for it seems to come of the German Marschalk which hath that signification Marshalsea MArshalsea is the Court or Seat of the Marshal of the Kings House of which you may read at large in Coke l. 6. f. 20. B. l. 10. f. 68. B. It is also taken for the Prison belonging to the Court of the Kings Bench of which the Marshal of that Court is the Keeper for so are the forms of the Bills there that A complains of B in the custody of the Marshal of the Marshalsea of our Lord the King c. Maugre MAugre is a word compound of two French words Mal and Gree so that it is as much as to say with an unwilling mind or in despight of another And so it is used in Littleton sect 672. where it is said that the Husband and Wife shall be remitted maugre the Husband that is in despight or against the will of the Husband Maximes MAximes are the Foundations of the Law and the Conclusions of Reason and are Causes efficient and certain universal Propositions so sure and perfect that they may not be at any time Impeached or Impugned but ought always to be observed and holden as strong Principles and Authorities of themselves although they cannot be proved by force of Argument or Demonstrations Logical but are known by Induction by the way of Sense and Memory For example it is a Maxime that If a man have Issue two Sons by divers women and the one purchases Lands in Fee and dies without issue the other shall never be his Heir c. And it is another Maxime that Lands shall discend from the Father to the Son but not from the Son to the Father for that is an Ascension c. And divers such there are whereof see Doctor and Student Maynour MAynour is when a Thief hath stollen and is followed with Hue and Cry and taken having that found about him which he stole that is called Maynour And so we commonly use to say when we find one doing of an unlawful act that we took him with the maynour or manner Meane MEane See Mesne Mease MEase or Messuage seems to come from the French word Maison or Mansion which is no other but a Place of abiding or habitation And yet Messuage in our Law contains more then the very place of habitation for a House and a Messuage differ in that a House cannot be intended other then the matter of Building but a Messuage shall be said all the Mansion-place and the Curtelage shall be taken as parcel of the Messuage 20 H. 7. Keloway fol. 57. a. And by the name of a Messuage the Garden and Curtelage shall pass Plowden fol. 171. a. Measondue MEasondue is an Appellation of divers Hospitals in this Kingdom which are so named Anno 2 3 P. M. cap. 23. 15 Car. 2. c. 7. And it comes of the French Maison de Dieu and is no more but Gods House in English Medietas Linguae MEdietas Linguae is an Inquest Impannelled upon any cause whereof the one half is of Denizens the other Strangers and it is used in Pleas between parties whereof one is a Denizen and the other a Stranger And this manner of Trial was first given by the Statute of 27 E. 3. Stat. 2. cap. 8. And by the Statute of 28 E. 3. c. 13. it was granted in cases where the King himself was party with an Alien Melius inquirendo MElius inquirendo is a Writ directed to the Escheator for a second Inquiry to be made when there is any doubt made of partiality in an Inquiry made upon a Diem clausit extremum after the death of the Kings Tenant See F. N. B. f. 255. C. Merchenlage MErchenlage is one of those three Laws out of which William the Conqueror framed our Common Laws with a mixture of the Laws of Normandy And it was the Law of the Mercians when they had the Government of the third part of this Realm Mesnalty MEsnalty is the right of the Mesne as the Mesnalty is extinct Old Nat. Br. f. 44. Mesne MEsne is where the Owner of Lands or Tenements holds of one by certain Services and he holds them of another by like or other Services then he who holds the Lands is called Tenant paravail and he of whom it is held is called Mesne and he of whom the Mesue holds is called chief Lord or Lord Paramount And in this case if the Lord above distrains the Tenant for the Service of the Mesne who ought to aequit him to the chief Lord then the Tenant shall have a Writ of Mesne so called against the Mesne and if he acquit not the Tenant then the Mesne shall lose the Service of the Tenant and shall be forejudged of his Seigniory and the Tenant shall be immediate Tenant to the chief Lord and shall do him the same Service and Suits as the Mesne did Messuage MEssuage See Mease Metropolitane MEtropolitane signifies the Arch-bishops of whom Centerbury is stiled Totius Angliae Primas Metropol And York the like Title without the word Totius Miscreant MIscreant is one who is perverted to Heresie or a faise Religion Bro. Presentation 54. Mise MIse is a French word and signifies as much as Expensum in Latine and it is so ordinarily used in the Entries of Iudgments in Personal Actions when the Plaintiff recovers the Entry is that Recuperet damna sua to such a value and pro misis custagis for Costs and Charges so much There is also another acception or signification of this word in the Law where it is taken for the Issue to be tried by Battail of Grand Assise And so it is used in Littleton sect 478. 482. and divers others where joyning of the Mise upon the meer right is putting it in Issue who hath the best or clearest right Misericordia MIsericordia is used in the Common Law for an Amerciament or Mulct set upon any for an offence as where the Plaintiff or Defendant in any Action are amerced the Entry is always Ideo in misericordia c. And it is therefore called Misericordia as Fitzh says N. B. fol. 75. H. for that it should be but small and less then the fault and saving his Contenement as
Serjeantie TO hold by Petit Serjeantie is as if a man held Lands or Tenements of the King yielding him a Knife a Buckler an Arrow a Bow without string or other like Service at the will of the first Feoffor and there belongs not Ward Marriage or Relief And mark well that a man may not hold by Grand or Petit Serjeanty but of the King See the Stat. 12. Car. 2. cap. 24. Piccage PIccage is the payment of money or the money paid for the breaking of the ground to set up Booths and Standings in Fairs Picle or Pitle PIcle or Pitle seems to come from the Italian Picco â— o Parvus and signifies with us a little small Close or Inclosure Pillory PIllory is an Engine of punishment ordained by the Statute of 51 H. 3. for the punishment of Bakers but now used for many other Offendors and is called in Latine Collistrigium Pipowders PIpowders is a Court which is incident to every Fair for the determination of differences upon Bargains and disorders therein See more hereof Crom. Jurisd fol. 229. Coke lib. 10. fol. 73. Piscary PIscary is a Liberty of Fishing in another mans waters or his own Placard PLacard is word used in the Statutes of 33 H. 8. cap. 6. 2 3 Ma. cap. 9. and it signifies a Licence to use unlawful Games or to shoot in a Gun Plaintiff PLaintiff is he that sues or complains in an Assise or in an Action personal as in an Action of Debt Trespass Disceit Detinue and such other Pledges PLedges are Sureties either real or formal which the Plaintiff finds to prosecute his suit Pleading PLeadings are all the Sayings of the parties to Suits after the Count or Declaration namely that which is contained in the Bar Replication and Rejoynder and not that contained in the Count it self and therefore defaults in the matter of Count are not comprised within Mispleading or insufficient Pleading nor are remedied by the Statute of Jeofails 32 H. 8. but only the Mispleading or insufficient Pleading committed in the Bar Replication and Rejoynder are there provided for But see those now remedied also by the Statute of 18 Eliz. cap. 13. Plenartie PLenartie is when a Benefice is full directly contrary to Vacation which signifies the being void of a Benefice Stamf. Prerog cap. 8. fol. 32. Plevyn See Replevyn Pluralities PLuralities are where a Uicar or Rector has two or more Ecclesiastical Benefices For which see Stat. 21. H. 8. cap. 13. Policy of Assurance POlicy of Assurance is a course taken by Merchants for the assuring of their Adventures upon the Sea by giving a certain proportion in the Hundred for securing the safe return of the Ship and so much Merchandize as is agreed upon And of this you may read in the Statute of 43 Eliz. cap. 12. Vpon which an Action lies at the common Law or in the Court by the Kings Patent sitting at the Royal Exchange in London the Iudges of which are Civilians common Lawyers and Merchants Pone POne is a Writ whereby a Cause depending in the County-Court is removed into the Common-Pleas See for this Old N. B. fol. 2. a. Pontage POntage is a word mentioned in many Statutes as in Westm 1. cap. 25. 1 H. 8. cap 9. 39 Eliz. cap. 24. and it signifies sometimes the Contribution that is gathered for the Repairing of a Bridge sometimes the Toll paid by the Passengers to that purpose Portgreve See Viscount Portmoot POrtmoot is a word used in the Statute of 43 Eliz. cap. 15. and signifies a Court kept in a Haven-Town Possessio Fratris POssessio Fratris is where a man hath a son and a daughter by one Woman and a son by another Venter and dies the first son enters and dies without Issue the daughter shall have the Land as Heir to her brother although the second son is Heir to the father Litt. Sect. 8. Possession POssession is twofold either actual or in Law Actual Possession is when a man actually enters into lands or tenements to him discended or otherwise Possession in Law is when Lands or Tenements are descended to a man and he hath not as yet really actually and in Deed entred into them And it is called Possession in Law because in the eye and consideration of the Law he is deemed to be in Possession since he is Tenant to every mans Action that will sue concerning the same Lands or Tenements Post diem POst diem is the Return of a Writ after the day assigned for its Return Postd â— sseisin POstdisseisin Look for that before in the Title Assise Postea POstea is the Record of the proceedings upon a Trial by a Writ of Nisi prius which is returned after the Trial by the Iudge before whom it was tried into the Court where the first Suit began to have Iudgment there given upon the Verdict and it is called the Postea because it begins with Postea die loco c. Poundage POundage is a Subsidie to the value of 12 d. in the pound which is granted to the King by every Merchant as well Denizen as Alien for all manner of Merchandize carried out and brought in And of such Subsidies see the Statute 1 2 Ed. 6. cap. 13. 1 Jac. cap. 33. 14 Car. 2. cap. 24. Also by Stat. 29 El. cap. 4. every Sheriff is allowed poundage for levying Debt or Damages by Execution Pounds POunds are in two sorts the one Pound open the other close Pound open is every place wherein a Distress is put whether it be common Pound or Back-side Court Yard Pasture or else whatsoever whereto the Owner of the Distress may come to give them meat without offence for their being there or his coming thither Pound close is such a place where the owner of the Distress may not come to give them meat without offence as in a Close house or whatsoever else place Preamble PReamble takes his name of the preposition prae before and the verb ambulo to go so joyned together they make the compound verb praembulo to go before and hereof the first part or beginning of an Act is called the Preamble of the Act which is a Key to open the minds of the makers of the Act and the mischiefs which they intend to remedy by the same As for example the Statute made at Westm the first the 37 chap. which gives an Attaint the Preamble of which is thus Forasmuch as certain people of the Realm doubt very little to give false Verdicts or Oaths which they ought not to do whereby many people are disherited and lose their right It is provided c. Prebend and Prebendary PRebend and Prebendary are terms often used in our Books and they come of the Latine praebeo Prebend is that portion which every member or Canon of the Cathedral Church receives in right of his place for his maintenance and Prebendary is he that hath such a Prebend Precipe or Praecipe in capite PRecipe in capite
only by the Law that is to say by Escheat Privy in Right is where one possessed of a Term for years grants his Estate to another upon Condition and makes his Executors and dies now these Executors are Privies in Right for if the Condition be broken and they enter into the Land they have it in right of their Testator and to his use Privy of Blood is the Heir of the Feoffor or Donor c. Also if a Fine be levied the Heirs of them that levied the Fine are called Privies Privileges PRivileges are Liberties and Franchises granted to an Office Place Town or Mannor by the Kings great Charter Letter Patents or Act of Parliament as Toll Sake Socke Infangtheef Outfangtheef Tourne Ordelfe and divers such like for which look in their proper titles and places Also there are other privileges which the Law takes notice of that is to say the privileges of the Commons Peers of the Parliament the privileges of Attornies Officers of the Courts at Westm that they shall not be sued or impleaded in another Court but in that where they are Attornies or Officers Procedendo PRocedendo is a Writ that lies where any Action is sued in one Court which is removed to another more high as to the Chancery Kings Bench or Common Place by a Writ of Priviledge or Certiorari and if the Defendant upon the matter shewed have no cause of Priviledge or if the matter in the Bill whereupon the Certiorari issued be not well proved then the Plaintiff shall have this Procedendo to send again the matter unto the first base Court there to be determined Proces PRoces are the Writs and Precepts that go forth upon the Original And in Actions real and personal there are sundry sorts of Proces For in Actions real the Proces i ◠Grand Cape before Appearance Therefore see of that in the 〈◊〉 Petit Cape But in Actions personal as in Debt Trespass or Detinue the Proces is a Distress and if the Sheriff return Nihil habet in Balliva c. then the Proces is Alias Capias and Pluries and an Exigent and they are called Capias ad respondendum Also the Exigent shall be proclaimed five times and if the party do not appear he shall be outlawed But in divers Actions there are divers manners of Proces which at large is declared in N. B. And there are divers other Proces after Appearance when the parties are at Issue to make the Enquest appear as a Writ of Venire facias and if they do not appear at the day then a Writ of Habeas corpora Jurat ' and after a Writ of Dist ◠ingas Jurat ' And there are divers other Proces after Iudgment as Capias ad satisfaciendum and Capias utlagatum c. Capias ad satisfaciendum lies where a man is condemned in any Debt or Dammage then he shall be arrested by this Writ and put in Prison without Bail or Mainprise till he hath paid the Debt and the Dammages Capias utlagatum lies where one is outlawed then he shall be taken by this Writ and put in Prison without Bail or Mainprise for that he had the Law in contempt And there are other Proces and Writs Iudicial as Capias ad valentiam Fieri facias Scire facias and many other and therefore look for them in their Titles Next friend NExt friend is commonly taken for Gardian in Soccage and is where a man seised of Land holden in Socage dies his issue within age of 14 years then the next friend or next of kin to whom the Lands cannot discend shall have the keeping of the Heir and of the Land to the only use of the Heir until he come to the age of 14 years and then he may enter and put the Gardian out and bring him to accompt But in that Accompt he shall be allowed for all reasonable costs and expences bestowed either upon the Heir or his Land The next friend or next of kin to whom the Inheritance cannot discend is thus to be understood If the Lands discend to the Heir from his Father or any of the kin of his Fathers side then the Mother or other of the Mothers side are called the next of kin to whom the Inheritance cannot discend for before it shall so diseend it shall rather escheat to the Lord of whom it is holden And where the Lands come to the Heir from his Mother or any of her side then the Father or other of the Fathers side are called the next of kin to whom the Inheritance cannot discend but shall rather escheat to the Lord of whom it is holden Otherwise Prochein amy is he who appears in any Court for an Infant who sues any Action and aids the Infant to pursue his Suit whereof see the Statutes of Westm 1. cap. 47. and Westm 2. cap. 15. that an Infant may not make an Atturney but the Court may admit the next Friend for the Plaintiff and a Gardian for the Infant Defendant as his Atturney Proclamation PRoclamation is Notice publickly given of any thing whereof the King thinks good to advertise his Subjects so it is used Anno 7. R. 2. c. 6. Proclamation of Rebellion is an open notice given by an Officer that a man not appearing upon a Subpoena or Attachment in the Chancery shall be reputed a Rebell except he render himself at the day assigned Crompt Jurisdict fol. 92. And it is to be noted that no man may make Proclamation but by authority of the King or Majors and such like as have proviledges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market-towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and Fined Brook Proclamation 10. Procurator PRocurator is used for him who gathers the Fruits of a Benefice for another man Anno 3 Ric. 2. Stat. 1. cap. 2. Prohibition PRohibition is a Writ that lies where a man is impleaded in the Spiritual Court of a thing that touches not Matrimony nor Testament nor meerly Tithes but the Kings Crown This Writ shall be directed as well to the party as to the Iudge or his Official to prohibit them that they pursue no farther But if it appear afterward to the Iudges temporal that the matter is fit to be determined in the Spiritual Court and not in the Court Temporal then the party shall have a Writ of Consultation commanding the Iudges of the Court Spiritual to proceed in the first Plea Also there are many other Prohibitions to the Admiralty and to other Courts of Common-Law if they exceed their power Properite PRopertie is the highest Right that a man hath or can have to any thing which no way depends upon another mans courtesie And this none in this Kingdom can be said to have in any Lands or
Registry of Proceedings are not properly called Records But Courts of Law held by the Kings Grant are Courts of Record Recovery REcovery is commonly intended a common recovery by assent of parties to dock an Intail and is founded upon a Writ of Entry Also every Iudgment is a Recovery by the words Ideo consideratum est quod recuperet Recusants REcusants are all those who separate from the Church and Congregation by the Laws and Statutes established in this Realm of what opinion or Sect they are of As all the Iudges have expounded the Statute 35 Eliz. cap. 1. and divers other Stat. Redisseisin REdisseisin Look of that before in the Title Assise Reextent REextent is a second Extent made upon Lands or Tenements open complaint made that the Former Extent was partially performed Broke tit Extent fol. 313. Regarder REgarder comes of the French Regardeur id est Spectator and signifies an Officer of the Kings Forest sworn to take care of the Verr and Venison and to view and inquire of all the Offences committed within the Forrest and of all the concealments of them and if all the Officers of the Forrest do well execute their Offices or no. See Manwood's Forrest Laws cap. 21. fol. 191. b. Regrator REgrator is he that hath Corn Victuals or other things sufficient for his own necessary use or spending and doth nevertheless ingross and buy up into his hands more Corn Victuals or other such things to the intent to sell the same again at a higher and dearer price in Fairs Markets or other such like places whereof see the Statute 5 E. 6. cap. 14. He shall be punished as a Forestaller Rejoynder REjoynder is when the Desendant makes answer to the Replication of the Plaintiff And every Rejoynder ought to have these two properties specially that is it ought to be a sufficient Answer to the Replication and to follow and enforce the matter of the Barre Relation RElation is where in consideration of Law two times or other things are considered so as if they were all one and by this the thing subsequent is said to take his effect by relation at the time preceding As if one deliver a writing to another to be delivered to a third person as the Deed of him who delivered it when the other to whom it should be delivered hath paid a summ of mony now when the money is paid and the Writing delivered this shall be taken as the Deed of him who delivered it at the time when it was first delivered So Petitions of Parliament to which the King assents on the last day of Parliament shall relate and be of force from the first day of the beginning of the Parliament And so it is of divers other like things Release RElease is the Giving or Discharging of the Right or Action which any hath or claims against another or his Land And a Release of Right is commonly made when one makes a Deed to another by these or the like words Remised released and utterly for me and my Heirs quite claimed to A. B. all my right that I had have or by any means may have hereafter in one Messuage c. But these words whatsoever I may have hereafter are void For if the Father be disseised and the Son release by his Deed without Warranty all his right by those words whatsoever I may have hereafter c. and the Father dies the Son may lawfully enter in the possession of the Disseisor Also in a Release of Right it is needful that he to whom the Release is made have a Freehold or a Possession in the Lands in Deed or in a Law or a reverston at the time of the release made for if he have nothing in the Land at the time of the release made the Release shall not be to him available See more hereof in Littl. lib. 3. cap. 8. Relicta verificatione RElicta Verificatione is when a Defendant hath pleaded and the issue is entred of Record And after that the Defendant relicta verificatione que est son Plea acknowledges the Action and thereupon Iudgment is entred for the Plaintiff Relief RElief is sometimes a certain summ of mony that the Heir shall pay to the Lord of whom his Lands are holden which after the decease of his Ancestor are to him descended as next Heir Sometimes it is the Payment of another thing and not mony And therefore Relief is not certain and alike for all Tenures but every several Tenure hath for the most part his special Relief certain in it self Neither is it to be paid always at a certain age but varies according to the Tenure As if the Tenant have Lands holden by Knights Service except grand Serjeanty and dies his Heir being at full age and holding his Lands by the Service of a whole Knights Fee the Lord of whom these Lands are so holden shall have of the Heir an hundred shillings in the name of the Relief and if he held by less than a Knights Fee he shall pay less and if more then more having respect always to the rate for every Knights Fee Cs. And if he held by grand Serjeanty which is always of the King and is also Knights Service then the Relief shall be the value of the Land by the year besides all charges issuing out of the same And if the Land be holden in Petit Serjeantie or in Socage then for the Relief the Heir shall pay at one time as much as he ought to pay yearly for his Service which is commonly called the Doubling of the Rent And if a man hold of the King in chief and of other Lords the King shall have the Ward of all the Lands and the Heir shall pay Relief to all the Lords at his full age but the Lords shall sue to the King by petition and shall have the Rent for the time that the Infant was in Ward But see now that by the Statute of 2 E. 6. cap. 8. the mesne Lords are not put unto their Petition but shall have all the Rents paid them by the Kings Officers upon request yearly during the Kings possession And note that always when the Relief is due it must be paid at one whole payment and not by parts although the Rent be to be paid at several Feasts See the Statute 12 Car. 2. cap. 24. Remainder REmainder of Land is the Land that shall remain after the particular Estate determined As if one grant Land for term of years or for life the Reinainder to J. S. that is to say when the Lease for years is determined or the Lessee for life is dead then the Land shall remain or abide with to or in J. S. See Reversion Remembrancer del Eschequer REmembrancer del Eschequer there are three Officers or Clerks there called by that name one is called the Remembrancer of the King the other of the Lord Treasurer and the third of the First fruits The Kings Remembrancer enters in his Office all Recognisances for
to work fell and cut down Trees to repair the Buildings and Inclosures with divers such like for his Lords commodity so also he had Authority to govern and keep the Tenants in peace and if need required to lead them forth to war Reversion REversion of a Land is a certain Estate remaining in the Lessor or Donor after the particular Estate and Possession conveyed to another by Lease for Life or years or Gift in tail And it is called a Reversion in respect of the possession separated from it so that he that hath the one hath not the other at the same time for in one body at the same time there cannot be said a Reversion because by the uniting the one of them is drowned in the other And so the Reversion of Land is the Land it self when it falls Ribaud RIbaud seem to be sturdy Vagabonds Rot. Par. 50 E. 3. 61. Right Right of Entrie RIght and Right of Entry See in Droit Riot RIot is when three at the least or more do some unlawful act as to beat a man enter upon the possession of another or such like Robbery RObbery is when a Man takes any thing from the person of another Feloniously although the thing so taken be to the value but of a penny yet it is Felony for which the Offendor shall suffer death Rood of Land ROod of Land is a certain quantity of Land containing the fourth part of an Aere Anno 5 Eliz. c. 5. Rout. ROut is when people assemble themselves together and after proceed or ride or go forth or move by the instigation of one or more who is their Leader This is called a Rout because they move and proceed in routs and numbers Also where many assemble themselves together upon their own quarrels and brawls as if the Inhabitants of a Town will gather themselves together to break Hedges Walls Ditches Pales or such like to have Common there or to beat another that hath done them a common displeasure or such like that is a Rout and against the Law although they have not done or put in execution their mischievous intent See the Stat. 1 Mar. c. 12. S. Sac or Sake SAke is a Plea and Correction of Trespass in your Court because Sake in English is Encheson in French and sake is put for sick See Keloway in his Cases incerti temporis f. 145. a. that the privilege called Sake is for a man to have the Amerciaments of his Tenants in his own Court Sacrilege SAcrilege is when one steals any Vessels Ornaments or Goods of Holy Church which is Felony 2 Cro. 153 154. Salary SAlary is a word often used in our Books and it signifies a Recompence or Consideration given a man for his pains bestowed upon another mans business And it is so called as Pliny says in the 31 Book of his Nat. Hist cap. 7. because it is as necessary for a man as Salt and makes his labor relish as Salt doth his meat Sanctuary SAnctuary is a Priviledged place by the Prince for the safeguard of mens lives who are Offendors being founded upon the Law of Mercy and upon the great Reverence Honor and Devotion which the Prince bears to the place whereunto he grants such a Privilege which was heretofore so great that the Princes have granted the same in cases of Treason committed against themselves Murder Rape or other Crime whatsoever Hereof see Stamf. Pl. of the Crown l. 2. c. 38. Satisfaction SAtisfaction is when a Defendant hath paid a Debt or Dammages recovered against him it behoveth him to have satisfaction to be entred upon the Record of the Iudgment Sarpler SArpler is a quantity of Wool which in Scotland is called Serplath and contains 80 stone and with us in England a Load of Wool contains by the opinion of some fourscore Tod and every Tod two Stone and every Stone fourteen Pounds and that a Sack of Wool is in common account equal with a Load and a Sarpler the one half of a Sack Scandalum magnatum SCandalum magnatum is an Evil report invented or dispersed to the prejudice or slander of any great personage or Officer of the realm The punishment of which is enacted by divers Statutes viz Westm 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. 11. Scavage SCavage or Shewage is a Toll exacted by the Mayors Sheriffs and Bayliffs of Cities and Towns Corporate for wares or merchandise shewed to be sold within their precincts or jurisdiction which Exaction being against the priviledge of the Kings subjects was prohibited by a Statute made in 19 H. 7. c. 8. See 21 H. 7. f. 14. a. and see the Statute of 22 H. 8. c. 8 in the end thereof The Mayor c. of London brought debt for this duty by these words Pro supervisu a ê‘cionis H. 18 19 C. 2. B. R. roll 625. Scire facias SCire facias is a Writ judicial going out of the record and lies where one hath recovered Debt or Dammages in the Kings Court and sues not to have Execution within the year and the day then after the year and the day he shall have the said Writ to warn the party and if the party come not or if he come and say nothing to discharge or stay the Execution then he shall have a Writ of Fieri facias directed to the Sheriff commanding him to levy the Debt or Dammages of the goods of him that hath lost The Writ of Fieri facias lies within the year without any Scire facias sued Also if the summ of the same Debt or Dammages may not be levied of the Goods of him that hath lost them he may have a Writ of Elegit commanding the Sheriff to deliver him the one half of his Lands and Goods except his Oxen and implements of Plow When one hath recovered Debt or Dammages in an Action personal where the Preces is a Capias he may have another Writ of Execution called a Capias ad satisfaciendum to take the Body of him that is so condemned which shall be committed to prison there to abide without Bail or mainprise till he hath satisfied the party And when one hath Iudgment to recover any Lands or Tenements he shall have a Writ called Habere facias seisinam directed to the Sheriff commanding him to deliver to him Seisin of the same Land so recovered See more of that in the Titles Fieri facias and Execution The Writ abovesaid is given by the Statute of Westm 2. cap. 45. But there are also other manner of Scire facias Scil. upon Audita Querela Writs of Error as well to hear errors as wherefore the Plaintiff ought to have Execution against terrtenants upon Iudgments and the like Scot. SCot is to be quit of a certain Custom as of common Tallage made to the use of the Sheriff or Bayliff Scotale SCotale is an Extortion prohibited by the Statute of Charta de Forresta cap. 7. and it is where any Officer of the Forrest
Fairs for Goods and Cattel brought thither to be brought and sold and is always to be paid by the Buyer and not by the Seller except there be some Custom otherwise There are divers other Tols as Turn Tol which is where Tol is paid for Beasts that are driven to be sold although they be not sold indeed Tol travers is where one claims to have a half peny or such like Tol of every Beast driven over his ground Through Toll is where a Town prescribes to have certain Toll for every Beast that goes through their Town or for every score or hundred which seems not to be so unreasonable a Prescription or Custome as some have thought though it be through the Kings High-way as they call it where every man may lawfully go if there be one thing for another As if there be a Bridge or such like commodity provided at the cosls and charges of the Town for the ease of Travellers that drive that way whereby their Iourney is either shortned or bettered why then may not Toll be lawfully and with good reason demanded of them c. But divers Citizens and Townsmen are free from paying Toll by grant of the King or his Ancestors or do claim the same by Prescription or Custom So also Spiritual persons and Religious men were quit of paying Toll for their Goods and Merchandizes bought and sold c. But now the Statute of 21 H 8. cap. 3. wills that they shall not Merchandize Also Tenants in ancient demesne ought to be quit throughout the whole Realm of paying Tol as appears before in the Title Sockmans And in all cases where Tol is demanded of them that should go buy and sell Toll-free there the party or parties grieved may have a Writ De essendo quietum de Tolonio directed to him or them that so demand Toll contrary to the grant of the King or his Progenitors or contrary to Custom or Prescription Tolt TOlt comes from the Latine tollo and is a Writ by which a Cause depending in a Court-baron may be from thence removed into the County Court before the Sheriff See of this Fitz. Nat. Brev. fol. 3. F. and Old Natura Brevium fol. 2. a. Tonnage TOnnage is a Custom or Impost paid unto the King for Merchandize carried out or brought in in Tuns or such like Vessels according to a certain rate in every Tun And of this you may read in the Statutes of 12 E. 4. cap. 3. 6 H. 8. c. 14. 1 E. 6. c. 13 and 1 Jac. c. 33. but especially 12 Car. 2. cap. 4. Totted TOtted is a term used in the Statute of 42 E. 3. c. 9. and signifies a Note to be made in the Estreat-Roll that goes out of the Exchequer to the Sheriff of all such Debts as are paid unto the Sheriff to that they be not again demanded of the party nor the King deceived See the Statute Transcript TRanscript this most commonly signifies the certification of a Record upon a Writ of Error from the Kings Bench in Ireland unto the K. B. in England or from that Court unto the Exchequer Chamber for the Record it self is not certified but a Transcript But out of C. B. and other inferior Courts the Record is quite taken away by the Writ of Error and remains in B. R. Co. Ent. 2. 24 37. Travers TRavers sometimes signifies to Deny sometimes to Overthrow or undo a thing done For the first Westm p. 2. sect 54. speaking of an Answer to a Bill in the Chancery saith It is that which the Defendant pleads or says in bar to avoid the Plaintiffs Bill or Action either by confession and avoiding or by denying and traversing the material points of it And again Sect. 55 A Replication is the Plaintiffs speech or Reply 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 Travers are Without that â— in Latine Absque hoc See Kitch fol. 227. The other signification is found in Stamf. Prerog cap. 20. the whole Chapter who speaking of Traversing an Office saith That it is nothing else but to prove that an Inquisition taken of Goods or Lands by the Escheator in defective and untruly mads So Traversing an Indictment is to take Issue upon the chief matter of it which is nothing else but to make contradiction or deny the point of the Indictment As in a Presentment against A for a High-way overflows with Water for default of scowring of 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 that is to say That there is not any High-way there or that the Ditch is sufficiently scowred or otherwise he may traverse the Cause That he hath not the Land c. or that he and those whose Estate c. have used to scowr the Ditch Lamb. Eiren. lib. 4. pag. 521. of Travers See the whole Chapter Kitch â— ol 240. and the Old Book of Entries the word Travers Treason TReason is in two manners that is to say grand Treason and petit Treason as it is ordaiâ— ed by the Statutes And therefore look the Statutes and Stamford lib. 1. cap. 2. Treasure trove TReasure trove i. Treasure found is when any Money Gold Silver Plate or Bullion is found in any place and no man knows to whom it belongs then the Property thereof appertains to the King But if any Mine of Metal be found in any ground that alway pertains to the Lord of the Soil except it be a Mine of Gold or Silver which shall be alway to the King in whose ground soever it be found Trespass TRespass is a Writ or Action of Trespass whereof there are two sorts The 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 differs from the other because it hath not these words Quare vi armis c. Fitz N. B. fol. 85. g. The other is directed to the Sheriff also but is returnable in the King Bench or Common Plea and hath always in it their words Quare vi armis or else it shall abate as it appears in Fitz. N. B. fol. 86. h if it be not a Trespass upon the Case and then the words Vi armis are left out and in lieu thereof the Writ shall say in the end of it Contra pacem c as appears in Fitz. Nat. Brev. fol 92. c. And yet in some cases Trespass upon the Case shall be Vi armis also though not in the point of the Action or the causa causata yet in the Conveyance to the Action or the causa causante as is well distinguisht in the Count de Salops Case in Coke lib. 9. fol. 50. b. Trial. TRial there are many kinds of it as of matters in Fact which shall be tried by the
See Yard-land Viscount VIscount is either the name of a degree or State of Honour under an Earl and above a Baron or else the name of a Magistrate and an Officer of great Authority whom we commonly call Sheriff or to speak more truly Shire reve and was at the first called Shire gereve that is the Keeper of the Shire or the Reeve or Ruler of the Shire for Gereve is derived of the Saxon word Gerefa i. a Ruler And hereof comes Portreve or Portgreve a name in old time given to the head Officer of a Town and signifies the Ruler of the Town for that Port coming of the Latine word Portus signifies a Port-town and Greve being derived as aforesaid signifies a Ruler so that Portgreve or as we now shorter speak a Portreve is the Ruler of the Town And thus was the Head Officer or Governor of the City of London long since before they had the name of Mijor or Bayliffs called as it doth appear in divers old Menuments but chiefly in the Saxon Charter of William the Conquerour which begins thus William the King greeteh William the Bishop and Godfrey the Portreve and also the Citizens that in London be c. So also they of Germany from whom we and our Language first came call one Governor Burgreeve another Margreeve and another Lansgreeve with such like c. Thus much is said only to shew the right Etymon and Antiquity of the word Sheriff to which Officer our Common Law hath always given so great Trust and Authority as to be a special Preserver of the Peace And therefore all Obligations that he takes to that end are Recognisances in Law He is a Iudge of Record when he holds the Leets or Turns which are Courts of Record Also he hath the Execution and Return of Writs and impannelling of Iuries and such like c. Uncore prist UNcore prist is a Plea for the Defendant in Debt upon an Obligation who being sued because he did not pay the Debt at the day pleads to save the Forfeiture that he rendred the money at the day and place and that no Body was there to receive it and says over That he is yet ready to pay it And where a man ought to plead over that he is yet ready and where not see in Perkins sect 783 784. Coke 9 book fol. 79. a b in Peyto's Case Volunt VOlunt is when the Tenant holds at the Will of the Lessor or Lord and that is in two manners One is when I make a Lease to a man of Lands to hold at my Will then I may put him out at my pleasure but if he sow the Ground and I put him out then he shall have his Corn with egress and regress till it be ripe to cut and carry it out of the ground Such Tenant at Will is not bound to sustain and repair the House as Tenant for years is But if he make wilful waste the Lessor shall have against him an Action of Trespass Also there is another Tenant at Will of the Lord by Copy of Court-Roll according to the Custome of the Mannor and such a Tenant may surrender the Land into the hands of the Lord according to the Custom to the use of another for Life in fee or in tail and then he shall take the Land of the Lord or his Steward by Copy and shall make Fine to the Lord. But if the Lord put out such a Tenant he hath no remedy but to sue by Petition And if such a Tenant will implead another of the Lands c. he ought to enter a Plaint in the Court and shall declare in the nature of what Writ he will as the case lies Voucher VOucher is when a Praecipe quod reddat of Land is brought against a man and another ought to warrant the Land to the Tenant then the Tenant shall vouch him to Warranty and thereupon he shall have a Writ called Summoneas ad Warrantizandum And if the Sheriff return that he hath nothing by which he may be summoned then there shall go forth a Writ called Sequatur sub suo periculo And when he comes he shall plead with the Demandant And if he come not or if he come and cannot bar the Demandant then the Demandant shall recover the Land against the Tenant and the Tenant shall recover as much Land in value against the Vouchee and thereupon shall have a Writ called Capias ad Valentiam against the Vouchee See more of Voucher before in the Title of Garranty Uses USes of Land had beginning after the Custom of Property began amongst men as where one being seised of Lands in Fee-simple made a Feoffment to another without any Consideration but only meaning that the other should be seised to his Use and that he himself would take the Profits of the Lands and that the feoffee should have the Possession and Franktenement thereof to the same use c. Now after this upon good Considerations and to avoid divers Mischiefs and Inconveniences was the Statute of An. 27 H. 8. c. 10. provided which unites the Use and possession together so that he who hath the Use of the Land hath the Possession thereof according to the Vse he hath therein by virtue of that Statute Usurpation USurpation is most commonly used when any one presents a Rector or Vicar to a Church without a good Title Stat. Westm 2. cap. 5. Co. 6. Rep. 51. 11 Rep. 33. Usury USury is a Gain of any thing above the Principal or that which was lent exacted only in Consideration of the Loan be it as well Corn Meat Apparel Wares or such like as Money And here much might be said and many Cases put concerning Vsury which of purpose I omit only I wish they who account themselves Religious and good Christians would not deceive themselves by colour of the Statute of Usury because the Statute saith that it shall not be lawful for any to take above xi pound in the C. l. for a year c. whereby they gather though falsly that they may therefore take six pounds for the Loan of an Hundred pounds with a good Conscience because the Statute doth after a sort dispense with it because it doth not punish such taking For God will have his Decrees to be kept inviolable who saith Lend looking for nothing thereby c. by which words is excluded either the taking of vi l. v. l. yea or one peny above the Principal But rather let such think that Statute was moved upon like cause that moved Moses to give a Bill of Divorce to the Israelites as namely to avoid a greater mischief and for the hardness of their hearts And the Statute of 21 Jac. cap. 17. hath expresly Ordained That no word in that Law shall be Construed and Expounded to allow the practice of Vsury in point of Religion or Conscience By the Statute of 13 Eliz. c. 8. the Loan of Money was at 10 l. per Cent. by
claims by purchase from the first Feoffee but for the Heir to the first Feoffee Contributione facienda COntributione facienda is a Writ that lies where there are divers Parceners and he who hath the part of the eldest makes all the suit to the Lord the others ought to make Contribution to him and if they will not he shall have against them this Writ In some cases the Heir shall have Contribution and in others not but shall be alone charged For if a man be seised of three Acres of Land and acknowledges a Recognizance or Statute c. and infeoffs A. of one Acre and B. of another Acre and the third discends to his Heir if Execution be sued against the Heir only he shall not have Contribution against any Purchasor yet he is charged as Terre-tenant and not as Heir for the Land and not himself is charged Yet if a man be seised of two Acres the one of the nature of Borough-English and binds himself as before and dies having issue two daughters who make partition in this case if the one be charged he shall have Contribution for as one Purchasor shall have Contribution against others and against the Heir of the Conusee also so one Heir shall have Contribution against another Heir for they are in equal degree Also if a man be so bound and after his death some of his Land descends to the Heir of the part of the father and some to the Heir of the part of the mother the one alone shall not be charged but if he be he shall have Contribution In Dower if the Tenant vouches the Heir in ward to three several Lords each of them shall be equally charged If two four or more men be severally seized of Land and they all joyn in a Recognisance in this case the Conusee cannot extend the Land of any of the Conusors alone but all ought equally to be charged for though the Land of the Conusor himself may be only extended when divers men have purchased any of the Land subject to the Recognisance because the Purchasor is in another degree then the Conusor himself yet one of the Conusors shall not be solely charged for he stands in equal degree with the other Conusors Also the tertenant of a Debtor upon an extent shall have contribution of the Heir of the Debtor which see 1 Cro. Eyer against Taunton If Iudgement be given against two Disseisors in Assise for the Land and damages and one Disseisor dies the Execution shall not be awarded against the surviving Disseisor that was party to the wrong but as well the Heir as the Disseisor shall be equally charged But otherwise it is in personal binding as if two are bound in an Obligation there the charge shall survive And where it is said that the one Purchasor shall have Contribution it is not thereby intended that the others shall give or allow unto him any thing by way of Contribution but it ought to be intended that the party that is solely extended for all may by an Audita querela or Scire Facias as the case requires defeat the Execution and thereby shall be restored to all the mean profits and force the Conusee to sue Execution of all the Land so in this manner every one shall be contributory viz. the Land of every Terre-Tenant shall be equally extended Convocation COnvocation is commonly taken for the Assembly of all the Clergy to consult of Exclesiastical matters in time of Parliament And as there are two Houses of Parliament so there are two places called Convocation-houses the one called the Higher Convocation-house where the Archbishops and Bishops sit severally by themselves the other the Lower Convocation-house where all the rest of the Clergy sit Vide Prolocutor Conusance COnusance of Plea is a Priviledge that a City or Tenant hath by the Kings grant to hold Plea of all Contracts and of Lands within the precinct of the Franchise and that when any man is impleaded for any such thing in the Court of the King at Westm the Mayors or Bayliffs of such Franchises or their Atturneys may ask Conusance of the Plea that is to say that the Plea and the matter shall be pleaded a â— d determined before them But if the Court at Westminster be lawfully seised of the Plea before Conusance be demanded then they shall not have Conusance for that Suit because they have neglected their time of demand thereof but this shall be no bar to them to have Conusance in another Action for they may demand Conusance in one Action and omit it in another at their pleasure And note that Conusance lies not in Prescription but it behoves to shew the Kings Letters Patents for it Coparceners COparceners See Parceners Copyhold COpyhold is a Tenure for which the Tenant hath nothing to shew but the Copies of the Rolls made by the Steward of his Lord's Court For the Steward as he inrolls all other things done in his Lords Court so he doth also such Tenants as are admitted in the Court to any parcel of Land or Tenements belonging to the Manor and the Transcript of this is called the Court-Roll the Copy whereof the Tenant takes from him and keeps as his only Evidence Coke l. 4. fol. 25. This Tenure is called a Base Tenure because it holds at the will of the Lord Kitchen fol. 80. Fitzh Nat. Brev. f. 12. b. c. who saith it was wont to be called Tenure in Villenage and that this Copyhold is but a new name Yet it is not simply at the will of the Lord but according to the Custome of the Manor so that if a Copiholder break not the Custome of the Manor and thereby forfeit his Tenure he seems not so much to stand at his Lords courtesie for his right as to be displaced when he pleases The Customes of Manors are infinite varying in one point or other almost in every several Manor First some Copyhold is fineable and some certain That which is fineable the Lord rates at what Fine he pleases when the Tenant is admitted unto it that which is certain is a kind of inheritauce and called in many places Customary because the Tenant dying and the Hold being void the next of bloud paying the customary Fine cannot be denied admittance Secondly some Copyholders have by Custome the Woods growing upon their own Land which by the Law they cannot have Thirdly there are Copy-holders that hold by the Vierge in Ancient demesne and although they hold by Copy yet they are in nature of Free-holders for if such a one commit Felony the King hath the year day and waste as in case of Free-hold Some others hold by Common Tenure called mere Copyhold and if they commit Felony their Land presently escheats to the Lord of the Manor West part 1 l. 2. sect 646. defines a Copyholder thus Tenant by Copy of Court-roll is he who is admitted Tenant of any Lands or Tenements within a Manor which time without
the memory of man by use and custome of the said Manor have been dimisable to such as will take the same in fee fee-fee-tail for life years or at will according to the Custom of the said Manor by Copy of Court-roll Coraage COraage is an Imposition extraordinary growing upon some unusual occasion and seems to be of certain Measures of Corn. Bract. l. 2. c. 16. num 6. uses Corus tritici for a measure of Corn and in the same Chapter numb 8. hath these words There are certain common Protestations which are not called Services neither do they arise from Custom unless some necessary occasion happen or that the King comes such are Hidage Coraage and Caruage and many others which are performed in cases of necessity by the common consent of the whole Kingdom and which appertain not to the Lord of the Fee nor is he bound to acquit his Tenant thereof unless he hath especially tied himself thereto by his own Deed. Cordwayner COrdiner or Cordwayner comes from the French Cordvannier that is a Shoomaker from a kind of Leather which the French-men call Cordovan And it is a word much used in our Statutes as in those of 3 H. 8 c. 10. 5 H. 8. c. 7. 1. Jac. c. 22. Cornage COrnage is a kind of Grand Serjeanty the Service of which Tenure is to blow an Horn when any Invasion of the Northern enemy is perceived And by this many Northward held their Land about the Wall commonly called the Picts Wall Cambdens Brit. ê‘ag 609. See Littleton fol. 35. where he saith That in the Marches of Scotland some hold of the King by Cornage that is to say by blowing a Horn to warn the Country when they hear that the enemies will come which Service is Grand Serjeanty Corodie COrodie is an Allowance of Meat Bread Drink Money Cloathing Lodging and such like necessaries for sustenance It is sometimes certain where the certainty of things is set down sometimes uncettain where the certainty is not set down which he shall have And some of them began by Grant made by one man to another and it may be for life years in tail or in fee and some Corodies are of common right as every Founder of Abbeys and other Houses of Religion had authority to assign such in the same Houses for Father Brother Cousin or other that he would appoint if it were a House of Monks and if he were Founder of a House of Nuns then for his Mother Sister or other woman and always this was provided for that he that had a Corodie in a House of Monks might not send a woman to take it nor where Corodie was due in a Nunnery there it was not lawful to appoint a man to receive it for in both cases such Presentation was to be rejected And this Corodie was due as well to a common person Founder as where the King himself was Founder But where the House was holden in Frankalmoigne there the Tenure it self was a discharge of Corodie against all men except it were afterward charged voluntarily as when the King would send his Writ to the Abbot for a Corodie for such a one whom they admit there the House should be thereby charged for ever whether the King were Founder or not See the Writ of Corodio habendo in Fitzh Nat. Brev. fol. 230. Coroner COroner is an ancient Officer of trust and of great authority ordained to be a principal Conservator or keeper of the Peace to bear record of the Pleas of the Crown and of his own view and of divers other things c. And therefore in the time of Ed. 1. it was enacted that Forasmuch as mean men and indiscreet now of late are commonly chosen to the Office of Coroner where it is requisite that wise men lawful and able should execute such Offices it is provided That through all Shires sufficient men shall be chosen to be Coroners out of the most wise and discreet Knights which best know can and will attend this Office and which faithfully will make and represent the Pleas of the Crown And although the letter of this Statute be not precisely observed yet at least the intent should be followed as nigh as might be so that for the default of Knights and Gentlemen furnished with such qualities as the Statute sets down of which sort there are many others might be chosen with this addition that they be vertuous and good Christians See hereof in the Writ de Coronatore eligendo in Fitzh Nat. Brev. fol. 163. When the Coroner is to enquire of the death of any person or to do other thing concerning his Office he ought to do it in person and upon the sudden death of any one he himself ought to see the dead body when he makes enquiry or otherwise the enquiry is not good for if he will enquire of any dead person without view this is without authority and so void And if the body be buried before his coming he ought to record it in his Rolls to the intent that the Town where the burying was should be amerced for it before the Iustices in Eyre upon the sight of the Coroners Rolls And nevertheless the Coroner ought to take up the body out of the ground and make the enquiry upon view of the body as he should do if it had not been buryed and the Town shall also be amerced if they suffer it tol â— e on the ground to putrifie or stink without sending to the Coroner And if the Coroner be negligent in coming to do his office after the Bayliffs or Countrey-men have sent for him he shall be punished Although by the Law the Coroner cannot enquire of any Felony but the death of a man yet it hath been said that in Northumberland they enquire of all Felonies but this authority they maintain by Prescription If a man be killed or drowned in the arms or creeks of the Sea where a man may see land from the one part to the other the Coroner shall enquire thereof and not the Admiral for that the Countrey may well have knowledge thereof But the Coroner of the Kings house hath an exempt jurisdiction within the Verge and the Coroner of the County cannot intermeddle within it as the Coroner of the house cannot intermeddle within the County out of the Verege If the Demandant or Plaintiff be non-suited or if Iudgement be given against the Tenant or Defendant or such like the Iustices never assess any Amerciament but the Clerk of the Warrants makes Estreats thereof and delivers them to the Clerks of Assise within every Circuit to deliver them to the Coroners in every County to affeere or assess the Amerciaments because they are thought most indifferent forasmuch as they are chosen by the whole County If an Approver saith that he began his Appeal before the Coroner by Duresse this shall be tried by the Coroner and if the Coroner denies it the Approver shall be hanged By which cases it appears that